Miscellaneous Provisions Act Justice (I) (1)

Original Language Title: Loi portant des dispositions diverses en matière de justice (I) (1)

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Posted the: 2011-12-30 Numac: 2011021116 FEDERAL CHANCELLERY of the Prime Minister 28 December 2011 PUBLIC SERVICE. -Miscellaneous Provisions Act Justice (I) (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
TITLE II. -Miscellaneous provisions Chapter 1. -Amendment of the Judicial Code in what concerns pensions of judges s. 2. in the second part, book II, title IV, chapter II, of the Judicial Code, article be inserted a 391/1 as follows: "article
391/1. By way of derogation from article 391, the magistrates who at 1 January 2012 have not reached the age of 55 years, cannot claim the pension calculated on the basis of article 391. They nevertheless retain the right to the benefit of the tantième 1/30th provided in article 391 for the services provided in the judiciary until December 31, 2011. In addition, if they have at least fifteen years in the judiciary, they also retain the benefit of the tantième 1/30th for services other than those provided in the judiciary.
For services provided from January 1, 2012, the tantième 1/30th is replaced by the tantième 1/48th. "."
S. 3. in the same chapter II, it is inserted an article 392/1 as follows: "article 392/1. By way of derogation from article 392 for the magistrate who is less than 55 years old at 1 January 2012 and is recognized out of State to continue his duties as a result of infirmities, the royalty of 1/30th and 1/35th under article 392, paragraph 2, shall be replaced by the tantième 1/48th for services from 1 January 2012. "."
S. 4. This chapter enter into force January 1, 2012.
The magistrates who have reached the age of 55 on 1 January 2012, retain the benefit of the method of calculation which was applicable on the date of December 31, 2011.
CHAPTER 2. -Modification of legislation on temporary executives to the courts of appeal and General flooring Section 1st. -Amendment of the Act of 29 November 2001 laying down a temporary framework of advisers to the judicial backlog in the courts of appeal art. 5. in article 2 of the Act of 29 November 2001 laying down a temporary framework of advisers to the judicial backlog in the courts of appeal, amended by the law of December 29, 2010, 'of ten years"shall be replaced by the words" eleven years".
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6. in article 3, paragraph 1 of the Act, as amended by the law of December 29, 2010, 'of ten years"shall be replaced by the words" eleven years".
Section 2. -Amendment of the law of 14 December 2004 amending Act of April 3, 1953, of judicial organization, the law of 2 July 1975 determining the framework of personnel of the courts of first instance and article 211 of the Code of judicial procedure art. 7. in article 8, paragraph 1, of the law of 14 December 2004 amending the law of April 3, 1953, of judicial organization, the law of 2 July 1975 determining the framework of personnel of the courts of first instance and article 211 of the Judicial Code, amended by the law of December 29, 2010, the word "2011" is replaced by the word "2012".
S. 8. in article 9, paragraph 1, of the Act, as amended by the law of December 29, 2010, the "2011" Word is replaced by the word "2012".
Section 3. -Amendment of the law of August 10, 2005 amending the law of April 3, 1953, of judicial organization and temporarily authorising the appointment of magistrates in excess, with regard to the Court of appeal of Ghent art. 9. in article 3, paragraph 1, of the Act of 10 August 2005 amending the law of April 3, 1953, of judicial organization and temporarily authorising the appointment of magistrates in excess, in which case the Court of appeal of Ghent, as amended by the law of December 29, 2010, the "2011" Word is replaced by the word "2012".
S. 10. in section 4 of the Act, as amended by the law of December 29, 2010, the "2011" Word is replaced by the word "2012".
S. 11. in article 5, paragraph 1, of the Act, as amended by the law of December 29, 2010, the "2011" Word is replaced by the word "2012".
Section 4. -Amendment of the law of 20 December 2005 amending various provisions on justice s.
12. in article 8 of the law of 20 December 2005 amending various provisions on justice, as amended by the law of December 29, 2010, the word "2011" is every time replaced by "2012".
Section 5. -Amendment of the law of March 12, 2007 amending the Act of April 3, 1953, of organization of the judiciary with regard to the Court of appeal of Mons and the Court of first instance of Ghent and temporarily authorising the appointment of magistrates in excess, with regard to the Court of appeal of Mons art.
13. in section 4 of the Act of 12 March 2007 amending the Act of April 3, 1953, of organization of the judiciary with regard to the Court of appeal of Mons and the Court of first instance of Ghent and temporarily authorising the appointment of magistrates in excess, with regard to the Court of appeal of Mons, amended by the law of December 29, 2010 the word "2011" is replaced by "2012".
S. 14. in article 5, paragraph 1, of the Act, as amended by the law of December 29, 2010, the "2011" Word is replaced by the word "2012".
Section 6. -Entry into force art.
15. This chapter enter into force January 1, 2012, with the exception of articles 5 and 6 that produce their effects on December 18, 2011.
CHAPTER 3. -Modification of the internment of individuals with one act of April 21, 2007 disorder mental art. 16. in article 157 of Act of April 21, 2007 on the internment of persons suffering from a mental disorder, amended by the law of July 24, 2008, the words", and no later than the first day of the fifty-fourth month following that in which this law has been published in the Moniteur belge"are replaced by the words "and no later than 1 January 2013".
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17. This chapter enter into force January 1, 2012.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, December 28, 2011.
ALBERT by the King: the Prime Minister, E. DI RUPO to the Minister of Pensions, absent: the Minister of Justice, Ms. A. TURTELBOOM. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives.
Documents.
53 1953 /(2011/2012).
001: Bill.
002 and 003: amendments.
004: Report.
005: Text adopted by the commission.
006 and 007: notice of the State Council.
008: Supplementary report.
009: Amendments.
010: Supplementary report.
011: Text adopted by the commission (article 77 of the Constitution).
012: Text adopted by the commission (article 78 of the Constitution).
Full report: December 22, 2011.
Senate.
Documents.
5 - 1409 - 2011/2012: No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Texts adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: December 23, 2011.