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29 DECEMBER 2010. - Miscellaneous Provisions Act (II) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART 2. - Justice
CHAPTER 1^er. - Amendments to the legislation on temporary frameworks in appeals courses and general prosecutors
Section 1^re. - Amendments to the Act of 29 November 2001 setting a temporary framework for counsellors to resorb the backlog in appeal courses
Art. 2. In section 2 of the Act of 29 November 2001 establishing a temporary framework for counsellors to resolve the backlog in appeals courses, as amended by the Act of 22 December 2008, the words "nine years" are replaced by the words "ten years".
Art. 3. In article 3, paragraph 1^er, of the same law, as amended by the law of December 22, 2008, the words "nine years" are replaced by the words "ten years".
Section 2. - Amendments to the Act of 14 December 2004 amending the Act of 3 April 1953 of judicial organization, the Act of 2 July 1975 defining the framework of the staff of the courts of first instance and section 211 of the Judicial Code
Art. 4. In Article 8, paragraph 1^er, from the law of 14 December 2004 amending the law of 3 April 1953 of judicial organization, the law of 2 July 1975 determining the framework of the staff of the courts of first instance and section 211 of the Judicial Code, as amended by the law of 22 December 2008, the word "2010" is replaced by the word "2011".
Art. 5. In article 9, paragraph 1^er, of the same law, as amended by the law of December 22, 2008, the word "2010" is replaced by the word "2011".
Section 3. - Amendments to the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of judges in overcrowding, with respect to the Court of Appeal of Ghent
Art. 6. In article 3, paragraph 1^er, of the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of judges overnumbered, with respect to the Court of Appeal of Ghent, as amended by the Act of 22 December 2008, the word "2010" is replaced by the word "2011".
Art. 7. In section 4 of the Act, amended by the Act of December 22, 2008, the word "2010" is replaced by the word "2011".
Art. 8. In Article 5, paragraph 1^er, of the same law, as amended by the law of December 22, 2008, the word "2010" is replaced by the word "2011".
Section 4. - Amendment of the Act of 20 December 2005 on various legal provisions
Art. 9. In section 8 of the Act of 20 December 2005 on various legal provisions, as amended by the Act of 22 December 2008, the word "2010" is replaced by the word "2011".
Section 5. - Amendments to the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, with respect to the Court of Appeal of Mons
Art. 10. In section 4 of the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, with respect to the Court of Appeal of Mons, the word "2010" is replaced by the word "2011".
Art. 11. In Article 5, paragraph 1^erin the same law, the word "2010" is replaced by the word "2011".
Section 6. - Entry into force
Art. 12. This chapter comes into force on 1^er January 2011, with the exception of articles 2 and 3 that produce their effects on December 18, 2010.
CHAPTER 2. - Amendment of the Act of 13 June 2006 amending legislation on the protection of youth and care for minors who have committed a crime
Art. 13. In section 65, paragraph 1^erthe Act of 13 June 2006 amending the legislation on the protection of youth and the care of minors who have committed a crime, as amended by the Act of 24 July 2008, the following amendments are made:
1° the words « 1^er January 2011 is replaced by the words "on 1^er January 2013 »;
2° the paragraph is supplemented by the words "with the exception of Article 7, 2°, as reference to Article 37, § 2, paragraph 1^er3°, of the Act of 8 April 1965 on the Protection of Youth and Care of Minors who have committed a crime, which comes into force on 1^er January 2011. "
Art. 14. Section 13 comes into force on 1^er January 2011.
CHAPTER 3. - Amendment of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings
Art. 15. In article 16, paragraph 2, of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings, replaced by the Act of 24 July 2008, the words "on 1^er January 2011 is replaced by the words "on 1^er January 2013".
Art. 16. Section 15 comes into force on 1^er January 2011.
CHAPTER 4. - Judicial officials
Art. 17. In Article 259octies, § 8, paragraph 1^er, of the Judicial Code, replaced by the Act of 31 January 2007, instead of 3°, cancelled by the Constitutional Court Decision No. 123/2008, are inserted on 3° and 4° as follows:
"3° the additional salary allowances, allowances and remuneration awarded to federal public service personnel, to the same extent and to the same conditions as those imposed on federal public service personnel;
4° a flat fee of 138 euros per night guard service, or during weekends or holidays, actually assumed in a prosecutor's office of the King, as long as he is registered as a guard. By custody service, a 12-hour continuous service during which the persons concerned are available and available but may also travel to provide services at a workplace. The maximum amount of premiums for the period of legal training to the public prosecutor ' s office cannot exceed 1,794 euros. In the event of an extension of the internship in a prosecutor's office of the King, the amount cannot exceed 1,196 euros per six-month period. "
Art. 18. In section 357, § 2, of the same Code, replaced by the Act of 29 April 1999 and amended by the Acts of 15 June 2001 and 27 December 2002, the following amendments are made:
1° the first sentence of paragraph 1^er is replaced by the following:
"A lump-sum premium of 235.50 euros per night-care service, or during weekends or public holidays, actually assumed, is granted to the King's prosecutor's substitutes and to the King's attorney's substitutes, provided they are registered as a guard. »;
2° Paragraph 2 is replaced by the following:
"By custody service, a 12-hour continuous service is defined for those who are accessible and available but may also travel to ensure benefits at a workplace. "
CHAPTER 5
Repeal of additional rooms in appeal courses
Section 1^re. - Temporary extension of additional rooms
Art. 19. In Article 106bis, § 1^erParagraph 1 is replaced by the following:
"There are additional rooms until June 30, 2011 to resolve the backlog. "
Section 2. - Repeal of additional rooms
Art. 20. In section 102 of the same Code, reinstated by the law of 9 July 1997, subsection 2 is repealed.
Art. 21. Section 106bis of the same Code, inserted by the Act of 9 July 1997 and amended by the Acts of 22 December 1998 and 3 May 2003, is repealed.
Art. 22. Section 109ter of the same Code, inserted by the Act of 9 July 1997 and amended by the Act of 29 November 2001, is repealed.
Art. 23. Section 109quater of the same Code, inserted by the Act of 29 November 2001, is repealed.
Art. 24. In Article 340, § 3, of the same Code replaced by the Act of 3 May 2003, and amended by the Acts of 22 December 2003 and 9 May 2007, paragraph 2 is repealed.
Art. 25. In section 379ter of the same Code, inserted by the Act of 9 July 1997, subsection 2 is repealed.
Section 3. - Transitional measure and entry into force
Art. 26. An examination of the causes assigned to an additional chamber of a court of appeal or whose proceedings are still under way or which are deliberated on the date of entry into force of this section may continue before that additional chamber until the final decision according to the provisions applicable at the time of entry into force of this section. The extra room activity will be extended the time required. No new cause can be attributed to the additional rooms.
Art. 27. The additional room, referred to in section 26, is composed of at least two alternate advisers.
It cannot be presided over by a lawyer listed in the Bar Association's table.
Art. 28. The alternate councillor-chair and alternate adviser who are called to sit in an additional room referred to in section 26, shall be entitled, in their capacity as president or alternate counsel, to an allowance per hearing whose terms and conditions of application are fixed by the Minister of Justice.
Art. 29. This chapter comes into force on 1^er July 2011, with the exception of section 19 which comes into force on February 13, 2011.
CHAPTER 6. - Comparative selection of members of the Registry and the Public Prosecutor ' s Office
Art. 30. In section 262, paragraph 2, paragraph 2, of the Judicial Code, replaced by the Act of 25 April 2007, the words "a practical case connected with the function" are replaced by the words "a practical case related to the judicial context of the function".
Art. 31. In article 263, § 2, paragraph 2, of the same Code, replaced by the Act of 25 April 2007, the words "a practical case related to the function" are replaced by the words "a practical case related to the judicial context of the function".
Art. 32. In article 265, paragraph 2, paragraph 2, of the same Code, replaced by the Act of 25 April 2007, the words "a practical case related to the function" are replaced by the words "a practical case related to the judicial context of the function".
Art. 33. In section 266, § 2, paragraph 2, of the same Code, replaced by the Act of 25 April 2007, the words "a practical case related to the function" are replaced by the words "a practical case related to the judicial context of the function".
Art. 34. This chapter produces its effects on 25 October 2010.
PART 3. - Migration and asylum
CHAPTER 1^er
Alignment and consistency of appeal period
Art. 35. Article 39/57 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the law of 15 September 2006 and amended by the law of 6 May 2009, whose current text will form § 1^er, is supplemented by § 2, which reads as follows:
“§2. The time limits referred to in § 1^er start running:
1° where the notification is made by registered fold against acknowledgement of receipt, on the first day following the day on which the mail was submitted to the addressee's home, or, where applicable, to his residence or domicile elected;
2° where the notification is made by registered fold or by regular mail, the third working day following the day the mail was delivered to the services of the post, unless otherwise proved by the recipient;
3° where the notification is made against acknowledgement of receipt, the first day following the issuance or refusal of receipt;
4° when the notification is made by fax, the first day following that of the sending.
The due day is included within the deadline. However, when this day is a Saturday, a Sunday or a holiday, the day of maturity is postponed to the next working day.
For the purposes of this provision, are considered as working days, every day, except on Saturday, Sunday or holidays. "
CHAPTER 2. - Conseil du contentieux des étrangers Simplification de la procédure
Art. 36. In the same Act, an article 39/57-1 is inserted as follows:
"Art. 39/57-1. Procedural documents, as well as notifications, notices and summonses, shall be sent by the Council under the recommended fold to the post, by carrier against acknowledgement of receipt or by any other means of service accepted by royal decree deliberated in the Council of Ministers by which the date of notification may be ascertained in a certain way.
As long as it is not a summons, consignments may nevertheless be made by ordinary fold or by fax when their receipt does not run any time.
In the event of an extreme emergency referred to in sections 39/82 and 39/84, or where the accelerated procedure referred to in section 39/77 is appropriate, or where a party has elected a lawyer's domicile, the procedural documents, notifications, notices and summons referred to in paragraph 1^er may be validly sent by fax. For this purpose, the parties mention their fax number in their procedural documents.
Derogation from paragraph 1^erthe notification referred to in section 39/69 may take place by carrier against receipt or by fax. "
Art. 37. In section 39/68, paragraph 2, of the same Act, inserted by the Act of September 15, 2006, the words "the amount of costs and expenses as well as the terms and conditions to pay them; » are deleted.
Art. 38. After section 39/68 of the Act, an article 39/68-1 is inserted, as follows:
"Art. 39/68-1. § 1^er. A duty of 175 euros is due when the following cumulative conditions are met:
1° the requesting party does not enjoy the benefit of the pro deo;
2°:
- an appeal against a decision of the Commissioner-General for Refugees and Stateless Persons or one of his deputy,
- either, an application for annulment filed against an individual decision made under the laws on access to territory, residence, establishment and removal of aliens, as well as requests for suspension of the execution of such a decision, under the conditions set out in paragraph 2.
When the suspension of the execution of a decision is requested, the right, as defined in paragraph 1^er, is due immediately only for the application for suspension. In this case, the right is due for the request for annulment only when an application for the prosecution of the proceedings is introduced, referred to in article 39/82, § 6, and is acquitted by the person or persons requesting the prosecution of the proceedings, without prejudice to § 3.
The intervention requests referred to in Article 39/72, § 2, give rise to the payment of a duty of 125 euros.
§ 2. If the Chief Clerk or the Clerk designated by the Clerk finds that the requesting party requests the application of the benefit of the pro deo, without having attached to the request the documents provided for in section 39/69, § 1^er, paragraph 2, 8°, it shall send to the requesting party a letter which shall indicate the missing documents and which requests that party to regulate its request within eight days.
The requesting party that regulates its application within eight days of receipt of the application referred to in paragraph 1^er, is supposed to have attached the required parts to the request on the date of the request being sent.
An application that is not regulated or is regulated in an incomplete or late manner is expected to imply that, without prejudice to the application of Article 39/69, § 1^er, paragraph 3, the requesting party waives its application to benefit from the pro deo.
§ 3. The presiding judge or judge designated by order determines that the right of role is due and determines the amount.
Appreciation of the conditions determined in § 1^erParagraph 1^er, is made on the basis of the request and the attachments thereof under Article 39/69, § 1^erParagraph 1^er.
The decision on the right of role is taken without procedure and is not subject to any appeal.
§ 4. Collective requests result in the payment of the right as many times as there are appellants and appealed decisions.
§ 5. The right of role is advanced by the requesting party. The payment is made within eight days, which takes place on the day the Chief Clerk informs the person concerned that the right of role is due and where the person is also informed of the amount owing.
If the amount is not paid within the time limit set out in paragraph 1^er, the appeal is not part of the role. Late payment cannot be regulated. If the payment is made on time, the appeal shall be entered into the role and time limit referred to in Article 39/76, § 3, shall take place.
By derogation from paragraph 2, the right of duty must, where the extreme emergency is invoked in the application for suspension, together with a remedy for cancellation, be paid at the time the proceedings are requested, provided that the application for suspension in itself does not give rise to the withdrawal of the right in case the suspension is granted.
If, pursuant to Article 39/82, § 3, paragraph 1^er, the application for suspension is limited only to an application for an extreme emergency suspension and if the application for suspension is not granted, the right of role for this application for suspension is due when a request for cancellation is introduced.
§ 6. The Council determines the right of role and decides on the contribution to the payment of the right. If the appeal for cancellation is accompanied or preceded by a request for suspension, the right due for the request for cancellation shall be charged to the party who succumb to the merits.
§ 7. The King adapts the amounts referred to in § 1^er based on the evolution of the consumer price index.
§ 8. The King shall, by deliberate order in the Council of Ministers, establish the method of recovery of the rights set out in this provision. "
Art. 39. In section 39/69 of the Act, inserted by the Act of 15 September 2006, and amended by the Act of 6 May 2009, the following amendments are made:
1° § 1^erParagraph 2 is supplemented by an 8°, which reads as follows:
"8° where applicable, the request to benefit from the pro deo and the documents that make this right appear. The King determines, by a deliberate order in the Council of Ministers, the documents that the applicant must file in support of his application for pro deo. "
2° in § 1^er, paragraph 4, the words "paragraph 3" are replaced by the words "paragraph 3, 1°, 2°, 4°, 5°, 6°".
3° § 3 is replaced by the following:
“§3. Upon receipt of appeals in the role or, if a right of role is due, from the date on which the appeal is registered, the Chief Clerk or the Clerk designated by the Clerk shall forthwith bring them to the attention of the Minister or his delegate, except where the appeal has been submitted to the Minister's delegate under § 2. "
Art. 40. In section 39/71 of the Act, inserted by the Act of 15 September 2006 and amended by the Act of 27 December 2006, the sentence "The King shall determine, by order deliberately in the Council of Ministers, the method of notification. » is deleted.
Art. 41. Section 39/73 of the Act, inserted by the Act of 15 September 2006, is replaced by the following:
"Art. 39/73. § 1^er. The presiding judge or the judge designated by him shall consider, as a matter of priority, the remedies for which he considers that there is no need for the parties to make their remarks orally.
§ 2. By order, the presiding officer or the judge that he designates shall notify the parties that the board shall rule without hearing, unless, within fifteen days after the order is sent, one of the parties requests to be heard. The order discloses the reason on which the presiding judge or judge designates is based to judge that the appeal may be followed or rejected in a purely written procedure. If an observation note has been filed, this note is communicated together with the order.
§ 3. If none of the parties ask to be heard, they are expected to give their consent to the ground set out in the order and, as the case may be, the withdrawal of a proceeding or the merits of the appeal is found.
§ 4. If one of the parties has requested to be heard within the time limit, the presiding officer or the judge that he or she designates shall, by order and without delay, fix the day and time of the hearing.
§ 5. After hearing the parties' reply, the presiding officer or the judge whom he designates shall rule without delay. "
Art. 42. After section 39/73 of the Act, an article 39/73-1 is inserted, as follows:
"Art. 39/73-1. If the Commission considers that a fine for manifestly abusive appeal can be justified, the decision it makes in this sense sets a hearing at an earlier date.
The order is notified to the parties.
The judgment which pronounces the fine is in any case deemed contradictory.
The fine can be from 125 to 2.500 euros. Each year, the King adapts these amounts according to the evolution of the consumer price index.
The King sets out by order deliberately in the Council of Ministers the modalities for the recovery of the fine. "
Art. 43. In section 39/76, § 3, of the same law, inserted by the law of 15 September 2006 and amended by the law of 6 May 2009, paragraph 1^er is completed by the words:
", or if a duty of role must be paid, from the registration of the role. "
Art. 44. In section 39/81 of the Act, inserted by the Act of 15 September 2006 and amended by the Acts of 4 May 2007 and 23 December 2009, the following amendments are made:
1° in paragraph 1^er, second shot, after the words " -39/73, § 1^er » the words ", paragraphs 1^er and 2, and § 2 are repealed;
2° to paragraph 1^er, the following dash is inserted between dashes 2 and 3:
" - 39/73-1; »;
Paragraphs 3, 4 and 5 are replaced as follows:
"If, after receipt of the observation note, the presiding officer or the judge whom he designates considers that the legal complexity of the case requires the filing of a summary record, i.e., a memorandum where the requesting party sets out all its arguments, he or she orders the filing of the case by order. The Registry shall notify the requesting party of this order, together with the observation note. The requesting party has a fifteen-day period, from the date of notification, to file this summary record. Except as to the admissibility of the appeal and the means and without prejudice to section 39/60, the Council shall rule on the basis of the summary record.
If the requesting party has not filed a summary record within the time limit set out in paragraph 3, the Commission shall rule without delay after hearing the parties that have made the request, while noting the interest required.
If the requesting party has entered a summary record within the time limit, the procedure shall be continued in accordance with paragraph 1^er. "
Art. 45. The King shall, by order deliberately in the Council of Ministers, establish the date of entry into force of Articles 38 to 40 and 43.
Sections 42 and 44 apply to all appeals brought before the Council after the coming into force of this Act.
PART 4. - Mobility
UNIC CHAPTER. - Environment and Mobility-Modification of the Act of 18 February 1969 and the Act of 21 June 1985 to partially transpose the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment by criminal law
Section 1^re. - General provision
Art. 46. This chapter partially transposes the Directive 2008/99/EC of the European Parliament and the Council of 19 November 2008 on the protection of the environment by criminal law.
Section 2. - Amendment of the Act of 18 February 1969 on measures to implement international treaties and acts in the field of carriage by sea, road, rail or inland waterway
Art. 47. In Article 2, § 1^er, of the Act of 18 February 1969 on Measures to Implement International Treaties and Acts in respect of the Carriage by Sea, by Road, by Rail or by Inland Waterway, as amended by the Act of 29 December 2010 on Miscellaneous Provisions (I), the last paragraph shall be replaced by the following:
"With the exception of the offences referred to in paragraphs 2 to 4, the police court is aware of offences under this section. »
Section 3. - Amendment of the Act of 21 June 1985 on the technical conditions to be met by any ground vehicle, its components and safety accessories
Art. 48. In Article 4, § 1^erof the Act of 21 June 1985 on the technical conditions to which a vehicle, its components and safety accessories, as amended by the Act of 29 December 2010 on various provisions (I) shall be replaced by the following:
"With the exception of the offences referred to in paragraphs 2 to 4, the police court is aware of offences under this section. "
Promulgate this Act, order that it be put on the State Seal and published in the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 29, 2010.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister for Migration and Asylum Policy,
Ms. J. MILQUET
Minister of Justice,
S. DE CLERCK
The Secretary of State for Mobility,
E. SCHOUPPE
The Secretary of State for Migration and Asylum Policy,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
___
(1) Note
Documents of the House of Representatives:
53-772/ (2010/2011):
001: Bill.
002 to 004: Amendments.
005 to 007: Reports.
008: Text adopted by the Committees.
009: Amendments.
010: Text adopted in plenary and transmitted to the Senate.
Full report: 21-22 December 2010.
Documents of the Senate:
5 - 608 - (2010/2011):
No. 1: Project transmitted by the House of Representatives.
Number 2: Reports.
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 23, 2010.