Advanced Search

Act Amending The Judicial Code In Respect Of The Designation Of Judges Retired As Deputy Judges (1)

Original Language Title: Loi modifiant le Code judiciaire en ce qui concerne la désignation de magistrats admis à la retraite en tant que magistrats suppléants (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

7 MAI 2010. - An Act to amend the Judicial Code with regard to the designation of retired judges as alternate judges (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In article 156bis of the Judicial Code, inserted by the law of 17 July 1984 and amended by the laws of 10 February 1998, 22 December 1998 and 21 June 2001, the words "of the Court of Cassation" are inserted between the word "with" and the words "the courts of appeal".
Art. 3. Article 383, § 2, of the same Code, as amended by the Act of 22 December 1998, is supplemented by two paragraphs written as follows:
"The judges so appointed may, at their request, continue to serve as an alternate magistrate, beyond seventy years, for a period of one year, renewable twice, if the judicial authority that has designated them considers them useful because of the needs of the service. The continuation of the function and its renewals will be decided by order issued, as the case may be, by the first presidents of the courts of appeal and of the work, the presidents of the courts or the general prosecutors near the courts of appeal.
Judges of the Court of Cassation who have been admitted to retirement due to their age may, at their request, be appointed as the case may be by the first president of the Court of Cassation or by the Attorney General to the Court for a period of one year. The designation is renewable twice, if the first president of the Court of Cassation or the Attorney General near this Court considers it useful because of the necessity of the service. »
Art. 4. The King sets the effective date of Articles 2 and 3, paragraph 2.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 May 2010.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Exceptional session 2007
House of Representatives
Documents. - Proposal by Mr. Maingain, Ms. Marghem and Mr. Clerfayt, 52-270 - No. 1. - Report, 52-270 - No. 2. - Text corrected by commission, 52-270 - No. 3. - Text adopted in plenary and transmitted to the Senate, 52-270 - No. 4.
See also:
Full report: 4 February 2010.
Session 2009-2010
Senate
Documents. - Project transmitted by the House of Representatives, 4-1642 - No. 1. - Amendments, 4-1642 - No. 2. - Report, 4-1642 - Number 3. Text adopted by the commission, 4-1642 - No. 4.
See also:
Annales: 4 and 11 March 2010.
Exceptional session 2007
House of Representatives
Documents. - Draft amended by the Senate, 52-270 - No. 5. - Report, 52-270 - No. 6. - Text corrected by commission, 52-270 - No. 7. - Text adopted in plenary and subject to Royal Assent, 52-270 - No. 8.
See also:
Full report: 29 April 2010.