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Act To Amend Legislation Concerning Temporary Executives In Appellate Courts And The General Parquet Floors

Original Language Title: Loi modifiant la législation relative aux cadres temporaires dans les cours d'appel et les parquets généraux

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belgiquelex.be - Carrefour Bank of Legislation

22 DECEMBER 2008. - An Act to amend the legislation on temporary frameworks in appeals courses and general prosecutors



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - 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 advisers to resolve the backlog in appeal courses, as amended by the Act of 21 December 2007, the words "seven years" are replaced by the words "nine years".
Art. 3. In article 3, paragraph 1er, of the same law, as amended by the Act of December 21, 2007, the words "seven years" are replaced by the words "nine years".
CHAPTER 3. - 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 section 8 of the Act of 14 December 2004 amending the Act of 3 April 1953 of a judicial organization, the Act of 2 July 1975 establishing the framework of the staff of the courts of first instance and section 211 of the Judicial Code, the following amendments are made:
1° the word "2008" is replaced by the word "2010";
2° the article is supplemented by two paragraphs written as follows:
"It may be provided to the places provided for by a decision of the King in this sense, by order deliberately in the Council of Ministers, taken on the basis of an assessment based on the measurement, by means of a uniform registration system, of the workload of the appeal courses and no later than the expiry of the period referred to above. ÷ default, overnumbers are resorbed as vacancies occur.
The royal decree referred to in the preceding paragraph ceases to produce its effects at the end of the sixth month following its entry into force if it has not been confirmed by law before that date. "
Art. 5. In section 9 of the Act, the following amendments are made:
1° the words "for a period of three years beginning on the date of entry into force of this Act. are replaced by the words "for a period beginning on the effective date of this section and expiring on 31 December 2010. »;
2° the article is supplemented by two paragraphs written as follows:
"It may be provided to the places provided for by a decision of the King in this sense, by order deliberately in the Council of Ministers, taken on the basis of an assessment based on the measurement, by means of a uniform registration system, of the workload of the appeal courses and no later than the expiry of the period referred to above. In the absence of a decision, overnumbers are resorbed as vacancies occur.
The royal decree referred to in the preceding paragraph ceases to produce its effects at the end of the sixth month following its entry into force if it has not been confirmed by law before that date. "
CHAPTER 4. - 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 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, the word "2009" is replaced by the word "2010".
Art. 7. In section 4 of the Act, the word "2009" is replaced by the word "2010".
Art. 8. In section 5 of the Act, the word "2009" is replaced by the word "2010".
CHAPTER 5. - 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, the word "2009" is replaced by the word "2010".
CHAPTER 6. - Entry into force
Art. 10. The law produces its effects on 1er January 2009, with the exception of articles 2 and 3 that produce their effects on 18 December 2008 and with the exception of section 5 that produces its effects on 1er September 2008.
Promulgation of this Act, order that it be coated with the seal of the State and published by the Belgian Monitor
Given in Brussels on 22 December 2008.
ALBERT
By the King:
Deputy Prime Minister and Minister of Justice,
J. VANDEURZEN
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Note
(1)Documents of the House of Representatives:
52-1495 - 2008/2009
No. 1: Bill
No. 2: Amendments
Number 3: Report made on behalf of the Commission
No. 4: Text adopted by the Commission
No. 5: text adopted in plenary session and transmitted to the Senate
Full report: 11 December 2008
Senate documents: 4-1057
Number 1: Project transmitted by the Senate
Number 2: Report made on behalf of the Commission
No. 3: Text adopted in plenary and subject to Royal Assent
Annales du Sénat : 18 décembre 2008