Law Amending The Law Of 27 March 2003 Concerning The Recruitment Of Military Personnel And The Status Of Military Musicians And Amending Various Laws Applicable To The Staff Of Defense (1)

Original Language Title: Loi modifiant la loi du 27 mars 2003 relative au recrutement des militaires et au statut des musiciens militaires et modifiant diverses lois applicables au personnel de la Défense (1)

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Posted the: 2012-05-21 Numac: 2012007147 Department of DEFENSE April 22, 2012. -Law amending Act of 27 March 2003 concerning the recruitment of military personnel and the status of military musicians and amending various laws applicable to the staff of defence (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. section 3 of the Act of 27 March 2003 concerning the recruitment of military personnel and the status of military musicians and amending various laws applicable to the staff of the defence, the following changes are made: has) at 3 °, 'language regime and type of recruitment' shall be replaced by the words "type of recruitment and, where appropriate, linguistic regime";
(b) is added to article 7 as follows: "7 ° 'working day': the day that is not a Saturday or a Sunday, or a holiday."
» Art. 3. in article 4, § 2, paragraph 1, of the Act, as amended by the law of December 30, 2008, 2 ° and 3 ° shall be replaced by the following: "2 ° candidates NCO career admitted at the Royal School of non-commissioned officers with a view to obtaining the certificate of secondary education higher or another title attesting the successful completion of upper secondary education;
3 ° candidates career NCOs who are holders of certificate of higher secondary education or a diploma or certificate equivalent; ».
S. 4. in article 5, § 1, of the Act, paragraph 1 is supplemented by the words ', including the language regime of the vacancies.» However, the Minister may refrain from fixing the language regime of the vacant posts of a special recruitment recruitment session if it deems that the limited number of vacancies of this session so justifies. » Art. 5A article 6, § 1, of the Act, as amended by the law of July 16, 2005, the following changes are made: 1 ° in the paragraph 1, the word 'recruitment' is replaced by 'enactment ';
2 ° paragraph 2 is replaced by the following: ' However, the paragraph 1 is not applicable to the applicant who acquires the quality of candidate NCO career referred to in article 4, § 2, paragraph 1, 2 °.» At 31 December of the year of its incorporation, this applicant must have attained the age of 16 years and may not have reached the age of 20. » Art. (6A article 7, § 1, of the Act, amended by the law of July 16, 2005, the following changes are made: a) at 4 ° "admitted into a school of non-commissioned officer" shall be replaced by the words "referred to in article 4, § 2, paragraph 1, 2 °";
(b) subsection is supplemented by the 6th as follows: «6 ° do not be candidate in the same category of staff and the same type of recruitment. » Art. 7. Article 8 of the same Act the following changes are made: has) the paragraph 1, 2 °, is replaced by the following: '2 ° be Belgian or be a citizen of another European economic area Member State or the Swiss Confederation;';
(b) paragraph 1 is supplemented by 8 °, 9 ° and 10 ° worded as follows: «8 ° enjoy the civil and political rights.
9 ° if necessary, did not receive a negative staff intelligence and Security Department, issued advisories on the basis of an audit of security in accordance with the provisions of the Act of 11 December 1998 concerning classification and clearances, certificates and safety advisories, or do not have refused this security check. By way of derogation from article 22septies of the Act, no compensation is payable by the applicant who is the subject of a security check;
10 ° comply with the regulatory requirements relating to the presentation of the military. » Art.
8A section 10 of the Act, the following amendments are made: 1 ° in the paragraph 1, 3 °, the words "as well as the rules according to which the selection tests are held" are inserted between the words 'the selection tests' and the words ', depending on the category of staff ";
2 ° 1st paragraph is supplemented by the 6th as follows: «6 ° the conditions and the detailed rules for the constitution and the use of a reserve recruitment and a reserve of replacements, as well as their duration. ';
3 ° article is supplemented by two paragraphs worded as follows: "However, the provision of paragraph 1, 4 °, relative to the maximum period of validity of the results of the tests is not applicable to the applicant declared permanently unfit medically.
The conditions of study referred to in paragraph 1, 1 °, are fixed according to the type of recruitment and staff category covered, with the following required minimum levels: 1 ° the officer candidate applicant must be able to initiate studies of higher education level;
2 ° the candidate officer applicant must have passed the stage of secondary education corresponding to its type of recruitment;
3 ° the voluntary candidate applicant must have completed primary education. » Art. 9A article 11 of the same Act, as amended by the law of July 16, 2005, the following changes are made: 1 ° in the paragraph 1, paragraph 1, the words "the recruitment commission is competent for» are replaced by the words" for the recruitment of the applicant process candidate officer or NCO, the recruitment commission is competent for ';
2 ° paragraph 1 is supplemented by a paragraph worded as follows: "for the process of the voluntary candidate applicant recruitment, the Director general human resources or authority designated by him is responsible for: 1 ° the application of the model of classification to applicants;
2 ° the allocation of vacancies to applicants allocated pursuant to the provisions of § 2;
3 ° the evaluation of the results of the classification procedure. »;
3 °, paragraph 2 is replaced by the following: "§ § 2 2» Applicants applicants officers or NCOs are divided for the vacancies for which they are applying, according to a classification model using a parallel sequential allocation method.
Voluntary candidates applicants are divided for the vacancies for which they are applying, according a psychometric classification model.
The classification takes into account: 1 ° of the measurement of the ability of applicants to vacant positions;
2 ° of the preferences of applicants;
3 ° the importance attached to the occupation of vacant positions.
The King determines the values between which the weights used for the implementation of classification models are fixed by the authority designated by him.
Content, calculation rules, criteria and algorithm of classification models are set out in a regulation adopted by the Minister. »;
4 ° paragraph 3 is repealed.
S.
10. article 12 of the same Act is supplemented by a paragraph as follows: "the reimbursement of additional medical care and the granting of damages arising from the conditions referred to in paragraph (2) are subject to the application of articles 1382 et seq. of the civil Code."
S.
11. in article 14 of the same Act, the sentence "the authority designated by the King addressed to the applicant an acknowledgement of receipt of waiver" is repealed.
S. 12. in article 16, § 1, paragraph 2 of the Act be replaced by the law of July 16, 2005, 'seven days' shall be replaced by the words "five working days".
S. 13. article 17 of the Act is repealed.
S. 14. in article 20, § 5, 2 °, of the Act, the words ", although it can be longer than 15 days calendar" are repealed.
S. 15. the provisions of this Act do not apply to applicants who have begun their selection process prior to the date of entry into force of this Act. These applicants remain applicable the provisions of the Act of 27 March 2003 concerning the recruitment of military personnel and the status of military musicians and amending various laws applicable to the staff of the defence, in their writing before the entry into force of this Act.
S. 16 this Act comes into force on October 1, 2012.
The King may set a date of entry into force earlier than referred to in paragraph 1 for each of its provisions.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Brussels, April 22, 2012.
ALBERT by the King: the Minister of defence, P. DE CREM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives.
Parliamentary papers. -Bill, no. 53 - 2020/1. -Amendments, no. 53 - 2020/2 and no. 53 - 2020/5. -Report, n ° 53-2020/3. -Text adopted by the commission, no. 53-2020/4. -Text adopted by the House and sent to the Senate, no. 53 - 2020/6.
Parliamentary Annals. -Text adopted in plenary session on 8 March 2012.
Senate.
Parliamentary papers. -Bill passed by the House, no. 5-1524/1. Not mentioned.

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