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25 JANVIER 2010. - An Act to amend the Royal Decree of 30 March 2001 concerning the legal position of police officers (PJPol) with respect to the appointment in the rank of commissioning of certain members of the general management of the judicial police (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In PJPol, instead of Article XII.VII.15quater, which was annulled by Constitutional Court Decision No. 94/2008, an article XII.VII.15quater is inserted as follows:
"Art. XII.VII.15quater. § 1^er. Current staff members of the core framework who, at 1^er January 2001, are holders of the complementary judicial training certificate that provided access to the gendarmerie's supervisory and research brigades, which, since that date, have been continuously designated in a position of the general management of the federal police judicial police and whose last assessment does not include the final "sufficient" statement, may be promoted by gaining the medium framework provided they receive special training for the mid-frame accession.
§ 2. The training programme referred to in paragraph 1^er is determined by the King. It has at least 140 hours and is provided for a maximum period of two years.
Admission to training shall be determined by distributing personnel referred to in paragraph 1^er in five equal groups, in the descending order of the seniority of their patent referred to in paragraph 1^er or, in the case of an equal patent seniority, their seniority in the framework; each year, candidates from the following group are admitted to training, provided that their last evaluation does not present the final "sufficient" statement.
§ 3. Staff members of the first group referred to in paragraph 2, paragraph 2, who meet all the conditions in this regard are promoted on 1^er January 2008; the other candidates are promoted on 1^er January of the year following the year in which they completed their training.
Staff promoted under paragraph 1^er are excluded, for a period of five years from their promotion, from mobility for any employment other than those within the general direction of the Federal Police Judicial Police.
These promotions are not attributed to the quota of staff admitted to basic training for the average framework. »
Art. 3. In the PJPol, an article XII.VII.15quinquies is inserted, as follows:
"Art. XII.VII.15quinquies. The current staff members of the basic framework who since the entry into force of this order have been continuously commissioned in the rank of chief police inspector pursuant to Article XII.VII.21 and who are not covered by Article XII.VII.15quater are appointed at their request in the rank of chief police inspector at 1^er January 2013 or 1^er January 2014, as long as they do not have a final assessment with the "sufficient" final mention.
The date of appointment referred to in paragraph 1^er is determined by distributing the staff members concerned into two equal groups according to the seniority of decreasing framework. The first group is promoted 1^er January 2013 and the second on 1^er January 2014.
By derogation from paragraph 2, the staff members concerned who hold the operational criminal analyst patent, are, however, appointed on 1^er January 2013. »
Art. 4. In the PJPol, an article XII.VII.15sexies is inserted, as follows:
"Art. XII.VII.15sexies. The current staff members who are commissioned in the rank of senior police inspector under section XII.VII.26 are appointed in that rank, at their request, on 1^er January 2009, if they have so far exercised their functions, referred to in Article XII.VII.26, paragraph 1^er, uninterruptedly, and as long as they do not have a last evaluation with the final mention "sufficient". »
Art. 5. In the PJPol, instead of Article XII.VII.16quinquies cancelled by Decision No. 94/2008 of the Constitutional Court, an article XII.VII.16quinquies, as follows:
"Art. XII.VII.16quinquies. § 1^er. The current staff members of the average framework who since the coming into force of this Order have been commissioned in the rank of Commissioner of Police under section XII.VII.23, which since that date have been designated in an uninterrupted manner in a position of the General Directorate of the Judicial Police of the Federal Police and which are not referred to in section XII.VII.19bis, are, as long as the rank of inspectors were appointed^er January 2013 or 1^er January 2014, as long as they do not have a final assessment with the "sufficient" final mention.
The date of appointment referred to in paragraph 1^er is determined by distributing the staff members concerned into two equal groups according to the seniority of decreasing framework. The first group is promoted 1^er January 2013 and the second on 1^er January 2014.
By derogation from paragraph 2, the staff members concerned who hold the operational criminal analyst patent are, however, appointed on 1^er January 2013.
§ 2. Current staff members who are commissioned in the rank of police commissioner under section XII.VII.23bis, and who meet, for the surplus, the conditions referred to in paragraph 1^er, are appointed at their request in that rank after being committed seven years and not earlier than 1^er January 2015. »
Art. 6. In the PJPol, an article XII.VII.16septies is inserted, as follows:
"Art. XII.VII.16s. The current staff members who are commissioned in the rank of Commissioner of Police, pursuant to Article XII.VII.24 or XII.VII.26, are, as long as at the time of the commissioning, appointed to the rank of Principal Inspector, at their request promoted to Police Commissioners respectively at the end of the seventh year that they exercise their duties, referred to in Article XII.VII.24, in an uninterrupted manner or^er January 2009 if they have so far exercised their function, referred to in Article XII.VII.26, in an uninterrupted manner, and provided that they do not have a final assessment with the "sufficient" final mention. »
Art. 7. In the PJPol, an article XII.VII.16octies is inserted, as follows:
"Art. XII.VII.16octies. The current staff members, appointed by Standing Committee P to Investigate Service by July 29, 2005, who are commissioned in the rank of Commissioner of Police under section 20, paragraph 6, of the Act of July 18, 1991 on the Control of Police and Intelligence Services and of the Coordinating Body for Threat Analysis, are, to the extent that at the time of this commission of rank they were appointed in the rank of inspectors,^er January 2009 if they have so far exercised the function referred to in the above-mentioned section 20, in an uninterrupted manner, and provided that they do not have a final assessment with the "sufficient" final statement. »
Art. 8. In Article XII.VII.18 PJPol, a paragraph 2/1 is inserted as follows:
Ҥ 2/1. Derogation from paragraphs 1^er and 2, the principal police inspectors who are inserted into the M5.2 salary scale and who are the holder of the 2D salary scale promotion patent referred to in section 110 of the Royal Decree of 19 December 1997 concerning the administrative and financial status of members of the judicial police personnel near the prosecutors, who have not yet been appointed Commissioner of 1^er January 2009, are promoted to this date in this rank, provided they do not have a final evaluation with the final "sufficiency".
By derogation from paragraph 2, from 1^er January 2009, the proportionality referred to in paragraph 2, paragraph 1^er, is established taking into account the number of members of the former judicial police officers appointed and commissioned in that rank on that date; the number of former gendarmerie personnel, referred to in paragraph 2, paragraph 3, is then increased proportionally in such a way as to maintain the initial report. »
Art. 9. In the PJPol, an article XII.VII.19bis is inserted, as follows:
"Art. XII.VII.19bis. § 1^er. Current staff of the average framework, at 1^er January 2001, are holders of the Complementary Judicial Training Patent which provided access to the gendarmerie's supervisory and research brigades, which since that date have been designated in an uninterrupted manner in a position of the general management of the federal police judicial police, which have been in the rank of Commissioner for at least five years and whose last evaluation does not bear the final mention "sufficiency" as long as they were appointed to the rank-of officer
§ 2. The training programme referred to in paragraph 1^er is determined by the King. The training has at least 210 hours and is conducted over a maximum period of two years.
Admission to the first five training sessions is determined by distributing five equal groups in the descending order of their seniority, the personnel referred to in paragraph 1^er which does not fall within the scope of section XII.VII.18 and which, prior to the commencement of the first training session, meet the other conditions, however, the priority being given to the holders of the non-commissioned superior officer of gendarmerie and, subsequently, to those who hold a position of authority determined by the Minister.
Staff referred to in paragraph 1^er which fall under the scope of Article XII.VII.18 and which, prior to the beginning of the first training session, meet the other conditions, are admitted to the training session of their choice.
Other staff referred to in paragraph 1^er are admitted as early as 2011 to the training session that follows the date on which they meet the other conditions.
Staff members whose last evaluation presents the final "sufficient" statement are not admitted to training.
§ 3. The staff of the first group, referred to in paragraph 2, paragraph 2, shall be promoted on 1^er January 2008; the other candidates are promoted on 1^er January of the year following the year in which they completed their training.
The appointment in the rank of commissioner takes their insertion into the O2 scale of treatment with a duration of treatment equal to zero.
Staff promoted under paragraph 1^er are excluded, for a period of 5 years from their promotion, from mobility for any job other than that of the general management of the federal police judicial police.
These promotions are not attributed to the recruitment of officers. »
Art. 10. In the PJPol, an article XII.XI.18ter is inserted, as follows:
"Art. XII.XI.18ter. § 1^er. A staff member who, in accordance with Article XII.VII.15quinquies or Article XII.VII.15Sexies, is promoted by gaining the medium frame, acquires the M1.1 salary scale.
§ 2. By derogation from sections XI.II.3 to XI.II.9, the former monetary officer of the personnel referred to in paragraph 1^er is recalculated on the date of this promotion by determining, in the M1.1 scale, the seniority that corresponds to the amount of treatment equal to or immediately greater than the entire treatment, as referred to in Article XI.I.3, 2°, of which he was entitled on the day before that promotion.
Recalculated seniority in accordance with paragraph 1^er is completed, after promotion, with the actual services referred to in Article XI.II.4 presets since then.
§ 3. By derogation from section XI.III.28ter, the staff member referred to in paragraph 1^er who, at its promotion, is a beneficiary of the allowance referred to in this section, continues to benefit from this allowance provided that it has signed the undertaking no later than 10 December 2008 and, in addition, continues to meet the terms and conditions of granting. However, the right to the allowance is permanently extinguished after the expiration of the current time of presence. »
Art. 11. This Act produces its effects on 1^er April 2006.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Brussels, 25 January 2010.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
The Minister of the Interior,
Ms. A. TURTELBOOM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
(1) Documents of the House of Representatives:
52-2193 - 2008/2009:
Number 1: Bill, 52-2193.
52-2193 - 2009/2010:
No. 2: Amendment.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 3 December 2009.
Documents of the Senate:
No. 1: Project not referred to by the Senate.