Act Amending The Judicial Code, Including Provisions Relating To Judicial Personnel Of Level A, Clerks And Secretaries As Well As Provisions Relating To Judicial Organization (1)

Original Language Title: Loi modifiant le Code judiciaire, notamment les dispositions relatives au personnel judiciaire de niveau A, aux greffiers et aux secrétaires ainsi que les dispositions relatives à l'organisation judiciaire (1)

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Posted the: 2007-06-01 Numac: 2007009412 FEDERAL JUSTICE PUBLIC SERVICE April 25, 2007. -Law amending the Judicial Code, including provisions relating to judicial personnel of level has, clerks and Secretaries so that the provisions relating to the judiciary (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -Changes of Code judiciary art. 2. article 90 of the Judicial Code, amended by the law of December 22, 1998, is replaced by the following provision: «art.» 90. the president is responsible for the branch and the Organization of the tribunal.
It can designate one or more vice-presidents to assist.
He divided the business in accordance with the specific regulations of the tribunal. When justified by the operational requirements of the service, it can allocate a portion of the cases assigned to a Chamber between the other chambers of the tribunal. » Art.
3. article 109 of the same Code, amended by the law of July 19, 1985 and December 22, 1998, is replaced by the following provision: «art.» 109. the first president is responsible for the branch and the Organization of the Court.
It can designate one or more presidents of Chambers to assist.
He divided the business in accordance with the specific regulations of the Court. When justified by the operational requirements of the service, it can allocate a portion of the cases assigned to a Chamber between the other chambers of the Court. In the event of difficulties in the distribution of cases between the same appellate court, article 88 rooms, § 2, is applicable. » Art. 4A article 143bis, § 8, paragraph 2, of the same Code, inserted by the Act of 4 March 1997 and amended by the law of June 21, 2001, the following words shall be deleted: "under his authority, the secretariat is headed by a Director who participates in all meetings of the college. It transmits the agendas and reports of the meetings of the college of Prosecutors General to the Minister of Justice, to the members of the college, prosecutors of the King, labor Auditors, the federal prosecutor, the General Counsel at the criminal policy and the Secretary-General of the Ministry of Justice. » Art. 5. article 143ter of the same Code, inserted by the law of 4 March 1997, is replaced by the following provision: «art.» 143ter. A common support service is created in the service of the college of Attorneys General referred to in article 143bis, of the Council of the prosecutors of the King referred to in article 150bis and the Board of Auditors for the work referred to in article 152bis.
This support service is placed under the authority of the Attorney general who holds the Presidency of the college of Prosecutors General.
It provides support in various fields including legal and administrative aid computer management, buildings and hardware.
It communicates the agenda and the reports of the meetings of the college and the advice referred to in paragraph 1 to the Minister of Justice, to members, the federal prosecutor and the agenda and reports of the meetings of the college of public prosecutors to the president of the Committee of management of the Service public federal Justice and the General Counsel to criminal policy.
The same status as one of the staff members referred to in chapter V, title III, book first, second part, applies to members of the staff of the joint support service.
On the advice of the Attorney general who holds the Presidency of the college of Prosecutors General, the King lays down rules regarding the operation and the Organization of support service and the number of jobs. » Art.
6. an article 143quater, worded as follows, shall be inserted in the same Code: «art.» 143quater. the Minister of Justice shall adopt criminal policy directives, including policy research and pursuit after taking the opinion of the college of Prosecutors General.
These guidelines are binding for all members of the public prosecutor.
Attorneys General about the appellate courts shall ensure the implementation of these guidelines within their jurisdiction. » Art.
7. the last paragraph of article 150bis of the Code, inserted by the law of December 22, 1998, is repealed.
S.
8. the last paragraph of article 152bis of the Code, inserted by the Act of April 12, 2004, is repealed.
S.
9 are repealed the code: 1 ° the heading of title IIter of the book first, second part, inserted by the law of 24 March 1999;
2 ° the 156ter article, inserted by the Act of March 24, 1999.
S. 10. the heading of title III of book first, second part, of the same Code is replaced by the following heading: ' title III '. «-JUDICIAL staff "art. 11. it is inserted in title III of the book first, second part, of the same Code a chapter I, comprising articles 157 to 161, as follows: "chapter I:. -General provisions.
S. 12. article 157 of the same Code, replaced by the law of 17 February 1997 and amended by the law of 3 May 2003, is replaced by the following provision: «art.» 157. a registry is attached to each court or tribunal.
Transplants are open on the days and hours set by royal decree.
A secretariat is attached to each floor. » Art. 13. article 158 of the same Code, as amended by the law of 17 February 1997-may 3, 2003, is replaced by the following provision: «art.» 158 § 1. The King may create a support service within a courtyard, a court or a Prosecutor, at the reasoned request of the commanding officer.
This support service is responsible to deliver opinions and support the chefs de corps in various areas, including legal aid, the policy of staff, buildings and equipment, administrative management and it management.
The staff of the support services are placed under the authority and supervision of the commanding officer of the Court, the tribunal or prosecutors that the support unit is attached.
The King lays down the procedures for the operation and the Organization of the service support as well as the number of jobs on the advice of the head of body, as appropriate, the Court, the tribunal or parquet where a support service is created.
§ 2. When no support service was created in accordance with the § 1, the corps leader can create in these courses, courts and prosecution services, a cabinet secretariat under its authority and its monitoring. It may choose a Secretary to cabinet among judicial personnel, according to the case, registries or secretariats of parquet. » Art. 14. article 159 of the same Code, repealed by Act of 11 July 1994, is restored in the following wording: «art.»
159. the hierarchical structure, parquet, and the Secretariat where appropriate, the support service is spread over four levels, namely level A, which is the top level, and B, C and D levels.
The level is determined according to the qualification training and skills that must be certified for a job. » Art. 15. article 160 of the same Code, amended by the law of 15 July 1970 and February 17, 1997, is replaced by the following provision: «art.» 160 § 1. Level A includes five numbered A1 to A5, which is the higher classes.
A class includes the functions with a comparable level of complexity, technical expertise and responsibilities.
The function refers to the set of tasks and responsibilities that a staff member should bear.
Duties-types are the most representative functions of all of these functions in courts and tribunals.
Typical functions are determined by the King, according to the case on the advice of the college Attorneys General or with the assent of the presidents of the courts of appeal and the working classes.
§
2. Level A is divided into trades sectors laid down by the King, as appropriate, on the advice of the college prosecutors general or with the assent of the presidents of the courts of appeal and the working classes.
By business sector, there is place to hear a group of functions within a field of similar expertise.
Each sector of trades may include five classes of business.
The first class of trades can be class A 1 or A 2 class.
By class of trades, there's place to hear a class within a sector of trades.
§ 3. Typical functions are being a weighting, based a weighting matrix, conducted in accordance with the provisions of the royal decree of August 7, 1939, organizing assessment and career of agents of the State.
The weighting of the functions is carried out by a Committee of weighting, established by the Minister of Justice and with the assistance of a Committee of weighting expanded, created by and to the same Minister.
Each Committee establishes a rules of procedure and submit it for the approval of the Minister of Justice.
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4. The weighting Committee is composed in equal numbers by language role for the representatives referred to in points 1 °, 2 ° and 3 °: 1 ° the Chairman and the Vice-Chairman of the Committee for modernization of the judiciary or their representative;
2 ° of four representatives of the judicial level staff, designated by the Minister of Justice, including two on a proposal from the college of Prosecutors General and two on proposal of the presidents of the courts of appeal and the course of the work;
3 ° two representatives of level of Service federal public Justice, appointed by the Minister of Justice, a representative of a level of the federal public Service Personnel and Organisation, designated by the Minister

who has the public service in his or her attributions, and a representative of level A of federal public Service Budget and management control, designated by the Minister who has the budget in charge;
4 ° with an external expert designated by the Minister of Justice.
Alternate members are appointed in the same way as full members. To be described, the full and alternate members must be trained successfully prior to the weighting method.
The Chairman of the Committee of weighting is designated in her womb by the Minister of Justice.
§ 5.
Expanded weighting Committee is composed in equal numbers by linguistic role for the representatives referred to in paragraphs 1 ° and 2 °: 1 ° a judge, designated on proposal of the presidents of the courts of appeal and courts of labour and a magistrate to the Prosecutor's office, appointed on a proposal from the college of Prosecutors General;
2 ° representatives of judicial staff, designated: has) on the proposal of the first president of the Cour de cassation:-one of the Court of cassation;
(b) on a consistent proposal of the presidents of the courts of appeal and the course of the work:-one of an appellate court.
-one of a Labour Court;
-one of a Court of first instance;
-one of a commercial court;
-one of a labour tribunal;
-one of a police court;
-one of a justice of the peace;
(c) on the proposal of the public prosecutor at the Court of cassation:-one of the public prosecutor at the Court of cassation;
(d) on a proposal from the college of Prosecutors General:-one of the public prosecutor or federal prosecutor.
-one of the public prosecutor at the Court of first instance;
-one of the auditor's office's work;
3 ° of one representative per Union representative within the meaning of article 7 of the Act of 19 December 1974 organizing relations between public authorities and trade unions of officials of these authorities and a representative by representative within the meaning of article 10 of the law of 25 April 2007 organising relations between public authorities and trade unions of the clerks of the judicial order the referendum at the Court of cassation, the referendum and lawyers of Prosecutor the courts and tribunals.
The expanded weighting Committee is chaired by the magistrate of the seat, or in his absence, by the magistrate of the prosecutor referred to in § 5, 1 °.
The weighting Committee extended membership is incompatible with that of Member of the weighting referred to in § 3.
All members of the enlarged weighting Committee receive training so as to adapt the method of weighting.
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6. The weighting Committee establishes a proposal for classification of the functions and submits it to the weighting expanded Committee which shall deliver its opinion within a period of 30 working days. After this period, the notice is deemed favourable.
The weighting Committee receives the opinion of the Committee of weighting expanded and transmits to the Minister of Justice a proposal, adopted by the majority of classification of each function.
Throughout the process of weighting, the representative trade unions are informed of the weighting system applied and the transparency of the classification of the functions is guaranteed.
§ 7. Functions other than those described in the § 1 are classified on the basis of a matrix of class of trades by the weighting Committee. The latter shall forward to the Minister of Justice a proposal, adopted by the majority, classification of each function.
A class of trades matrix is the set of skills, such as set out in article 20B, § 1, of the royal decree of August 7, 1939, organizing assessment and career of agents of the State, common to the typical functions of a class of trades.
§
8. Each function within the level is stored by the King in a class of trades.
Level A judicial staff is appointed by the King in a class of trades. » Art. 16. article 161 of the same Code, replaced by the laws of 17 February 1997 and May 22, 2006, is replaced by the following provision: «art.» 161. at the levels B, C and D, the judiciary is named in a grade. With the exception of clerks and Secretaries, judicial staff is appointed by the Minister of Justice. The clerks and Secretaries are appointed by the King.
The rank is the title which empowers the staff member to occupy one of the jobs corresponding to that grade.
On the basis of the content of their function, they are classified in a family of functions determined by the King, as appropriate, on the advice of the college of Prosecutors General or with the assent of the presidents of the courts of appeal.
A family of functions is a group of functions that has similarities, both at the level of the list of tasks to be performed at the level of responsibilities, generic behavioural skills to develop and behavioural indicators that underlie these.
"As appropriate, at the request of the college of Prosecutors General or first presidents of courts of appeal or courses of labour, the Minister of Justice may appoint committees of weighting, under article 160, paragraph 3, to balance a function-type of level B." art. 17. There shall be inserted in title III of book I, part II, of the same Code a chapter II, including article 162, prepared as follows: ' chapter II '. -Legal secretaries and lawyers of Prosecutor's office near the courts of appeal, the labour courts and tribunals.
S. 18. article 162, replaced by the law of 17 February 1997, as amended by the law of June 15, 2001, is replaced by the following provision: «art.» 162 § 1. Members of staff who bear the title of referendum or lawyer of parquet can be named in the A level.
The referendum assist judges of appellate courts, courses and labour courts. Prosecution lawyers attend the magistrates of the public Ministry.
§ 2. They prepare the work of the judiciary legally, under their authority and according to their indications, except for tasks to clerks or Secretaries under this Code.
They are placed under the authority and supervision of the commanding officer of the Court, the tribunal or the Prosecutor's office to which they are attached. The commanding officer is responsible to assign their missions.
§ 3. They are appointed by the King by spring of an appellate court. They are designated by the Minister of Justice to exercise their function within that jurisdiction on the basis of the needs of the service. This designation can take place either at the Court of appeal, the labour court or the public prosecutor, or close a court or a prosecutor within the jurisdiction of the Court of appeal.
Their number is determined in function of the needs of the service, which should bring out a reasoned report prepared by the head of body for the Minister of Justice. The Minister shall also, on the needs of the service, the reasoned opinions of the first president and the Attorney general. Their number by spring may not however exceed 35% of the total number of judges of the Court of appeal, the seat of the courts of first instance and of the parquets of the Procurator of the King within the jurisdiction of the Court of appeal, as set out in the Act referred to in article 186, paragraph 4, without prejudice to article 287sexies and within the budgetary possibilities. » Art.
19. it is inserted in title III of book I, part II, of the Code chapter III, comprising articles 163 to 171, entitled as follows: ' chapter III '. -Members of the registry.
S. 20. article 163 of the same Code, as amended by the law of 17 February 1997, is replaced by the following provision: «art.» 163 - members, who may be appointed in two levels: levels A or B, are attached to the registry.
The registry members appointed in level A bear the title of Chief Clerk or Clerk-Chief of service.
The registry members appointed in level B are the grade of clerk. » Art. 21. article 164 of the same Code, replaced by the laws of 17 February 1997 and May 22, 2006, is replaced by the following provision: «art.» 164. There is a Chief Clerk in each registry.
Without prejudice to the tasks and assistance referred to in article 168, the Chief Clerk is responsible for directing the registry, under the authority and supervision of the head of body, referred to in article 58bis, 2 °, of the judge at the tribunal de police, the oldest or the Justice of the peace, with whom he confers regularly. It divides the tasks between the members and the staff of the registry and designates the clerks who assist judges.
» Art. 22. article 165 of the Code, replaced by the law of 17 February 1997, is replaced by the following provision: «art.» 165. the Chief Clerk responsible for objects that it ensures the conservation or custody and is liable to the parties, produced parts. » Art.
23. article 166 of the same Code, replaced by the Act of September 23, 1985, is replaced by the following provision: «art.» 166. the Chief Clerk is assisted by department heads-clerks and clerks. » Art. 24. article 167 of the Code, amended by the law of 15 July 1970 and February 17, 1997, is replaced by the following provision: «art.» 167. without prejudice to the tasks and assistance referred to in article 168, Chief Clerk service shall contribute under the authority and supervision of the Chief Registrar, the registry Directorate. » Art. 25. article 168, replaced by the law of 17 February 1997, is replaced by the following provision: «art.» 168. the Registrar exercises a judicial function, performs the tasks of the registry and assists, in quality of

Clerk, magistrate in all acts of his Ministry.
This rule will receive exception if, due to the urgency, his presence could not be required.
The tasks of the Registrar are the following: 1 ° it provides the public access to the registry;
2 ° it shall keep records of the registry;
3 ° it passes the acts which he is responsible, guard minutes, records and all related to the jurisdiction acts about which it is established and it delivers shipments, extracts or copies;
4 ° it retains the legislative, jurisprudential and doctrinal material for the use of judges;
5 ° it establishes tables, statistics and other documents which it is responsible pursuant to the law or orders; He holds the registers and directories;
6 ° it ensures the conservation of the values, documents and objects deposited in the registry under the Act;
7 ° it takes appropriate measures to ensure the proper preservation of all the archives management of which lies upon him, classify them and inventory, this regardless of their form, their structure and their content.
The clerk assisted the judge: 1 ° prepare tasks of the magistrate;

2 ° it is present at the hearing;
3 ° it draws up the minutes of proceedings and decisions;
4 ° it gives note of the various formalities which achievement must be found and gives them authenticity.
5 ° he elaborated procedure files and Eve, within its competencies, to respect for the rules in this matter.
The King determines the modalities for the application of this article. For the purposes of paragraph 3, 7 °, the opinion of the general Archivist of the Kingdom is collected. » Art. 26. article 169 of the same Code, replaced by the law of 17 February 1997, is replaced by the following provision: «art.» 169. the Registrar maintains a directory of the acts of the magistrate and a directory of the acts of the registry, in accordance with the regulations established by the King. » Art. 27. article 170 of the Code, replaced by the law of 17 February 1997, is replaced by the following provision: «art.» 170. the Chief Registrar of the Court of first instance or the Registrar designated by him provides service in the District Court. » Art.
28. article 171 of the same Code, replaced by the law of 17 February 1997, is replaced by the following provision: «Article 171. The clerk of Assize Court functions are performed by a clerk of the Court of first instance at the Headquarters from which the foundations are required. It is designated by the Chief Registrar.
When before the Court of Assizes of the province of Liège, the procedure is done in German, Registrar are exercised by the Chief Clerk of the Court of first instance in Eupen, or by a Registrar appointed by him. » Art. 29. it is inserted in title III of book I, part II, of the same Code a chapter IV, comprising sections 172 to 176, entitled as follows: ' chapter IV '. -Members of the secretariat of parquet.
S. 30. article 172 of the same Code, replaced by the law of 17 February 1997, is replaced by the following provision: «art.» 172 members, who may be appointed in two levels: levels A and B, are attached to the secretariat of parquet.
The members of the secretariat of parquet appointed in level A bear the title of Chief Secretary or Secretary-head of service.
The members of the secretariat of parquet named in level B carry the rank of Secretary.
The King determines the number of jobs. » Art. 31. article 173 of the Code, replaced by the law of May 23, 2003, is replaced by the following provision: «Article 173. Without prejudice to the tasks and assistance referred to in article 176, the Chief Secretary of the Prosecutor's office is responsible for directing the administrative services, this slot the authority and the supervision of the Attorney general, federal prosecutor, the Prosecutor of the King or the auditor of the work. It allocates administrative tasks between the members and the staff of the secretariat. » Art. 32. article 174 of the Code is replaced by the following provision: «art.» 174. the Chief Secretary may be assisted by Secretaries-service chiefs and Secretaries. » Art. 33. article 175 of the same Code, as amended by the law of 17 February 1997, is replaced by the following provision: «art.» 175. without prejudice to the tasks and assistance referred to in article 176, Chief Secretary service participates, under the authority and supervision of the Chief Secretary, in the direction of the secretariat of parquet. » Art. 34. article 176 of the Code is replaced by the following provision: «art.» 176. the Secretary assists the Attorney general, the federal prosecutor, King's attorney or the auditor's work. He signed inherent in its function, and documents given to him by the head of the Prosecutor's office mission to sign. He assists the judiciary documentation and research work, in the constitution of the files, and in all tasks, with the exception of those which are expressly reserved to magistrates.
The Secretary keeps all archival documents received or produced by the public prosecutor. It takes appropriate measures to ensure the proper preservation of all archives, whose management is responsible, to classify and inventory and this regardless of their form, their structure and their content. The King determines, after consultation with the general Archivist of the Kingdom, detailed rules for the application of this paragraph. » Art. 35. in the second part, first book of the Code, the heading of title IV, replaced by the Act of June 10, 2006, is repealed.
S.
36. in title III of the book first, second part, of the same Code, is inserted a chapter V, which contains articles 177 and 178, as follows: "chapter v - of the members of the staff attached to a transplant to a secretariat of parquet or a support service.
S. 37. article 177 of the same Code, replaced by the Act of June 10, 2006, is replaced by the following provision: «art.» 177 § 1. Staff members appointed by the King in a class of level A are attached to transplants, to the secretariats of parquet and, where appropriate, to support services.
Without prejudice to sections 162, 163, paragraph 2, and 172, paragraph 2, of the staff members appointed: 1 ° in the class A1 or A2 carry the title of attachment;
2 ° in the class A 3 bear the title of Councillor;
3 ° in the class A4 or A5, the title of general counsel.
A supplementary title can be added by the King to the securities referred to in paragraph 2.
The King determines the number of jobs.
§ 2. Without prejudice to articles 163, paragraph 3, and 172, paragraph 3, of the staff members appointed by the Minister of Justice in the levels B, C and D are attached to transplants, to the secretariats of parquet and, where appropriate, to support services.
Level B contains the ranks of expert, administrative expert and ICT expert.
Level C contains the assistant grade.
Level D contains the rank of collaborator.
The King determines the terms and conditions relating to the status and treatment of these members of staff as well as the number of jobs.
» Art. 38. article 178 of the Penal Code, amended by the acts of the February 17, 1978, 17 February 1997 and 20 May 1997 and replaced by the law of June 10, 2006, is replaced by the following provision: «art.» 178. for specific reasons, the Minister of Justice or authority to whom he delegates this authority, to ensure the continuity of services, may engage staff under a contract of work. Only enter online account for these commitments the winners of a competition or organized for the function concerned or, failing examination, candidates from a selection on the basis of a profile of function-specific, organized by the Minister of Justice or a service of the State. To be engaged by contract of employment, individuals must be conduct meets the requirements of the service and enjoy civil and political rights. » Art. 39 are repealed in the same Code: 1 ° the ' staff of the registries' title of Chapter 1, title IV, book first, second part;
2 ° the title "of staff of grafts and hardwood floors", title IVA, book first, second part, inserted by the Act of June 10, 2006;
3 ° article 179 of the same Code, amended by the acts of 17 February 1978,17 February 1997 and 20 May 1997 and replaced by the Act of June 10, 2006.
4 ° article 180 of the Penal Code, amended by the acts of 17 February 1978,17 February 1997 and 20 May 1997 and replaced by the Act of June 10, 2006.
5 ° the title «of staff of parquet» chapter II, title IV, book first, second part. » Art.
40. in article 186, paragraph 5, of the same Code, the words "a special law determines the framework of the staff of the courts and tribunals.' are replaced by the words"a law determines the framework of magistrates and members of the registry."
S. 41. the heading of title VI of book first, second part, of the same Code is replaced by the following heading: ' title VI '. «- CONDITIONS OF APPOINTMENT AND THE CARRI'RE MAGISTRATES AND JUDICIAL STAFF.
S. 42 are repealed the code: 1 ° Chapter IIbis, title VI, of the book first, second part of the Code, including articles 206A and 206B, inserted by the law of 24 March 1999;
2 ° article 206A, inserted by the law of 24 March 1999;
3 ° article 206B, inserted by the law of 24 March 1999 and amended by the Act of 22 December 2003.
S. 43 to article 259octies of the Code, inserted by the law of December 22, 1998 and amended by the Act of March 24, 1999, the following changes are made: 1 ° § 2, paragraph 2, is replaced by the following provision: «»

Prosecution lawyers who have at least three years ' seniority in grade, are exempt from the first stage referred to in the above paragraph. The referendum which have at least three years of seniority in grade, are exempted from the third stage referred to in the preceding paragraph. » 2 ° § 3, paragraph 3, is replaced by the following provision: "prosecution lawyers who have at least three years ' seniority in grade are exempt from the first stage referred to in the preceding paragraph. » Art.
44. the title of Chapter VI, title VI of book first, second part, of the same Code is replaced by the following heading: ' chapter VI '. «-Judicial personnel.
S. 45. it is inserted in chapter VI, title VI of the first book, second part, of the same Code, section Ire, comprising articles 260-272, as follows: "first Section. -Conditions of selection and appointment.
S. 46. it is inserted into the Ire of Chapter VI section, title VI of the first book, second part, of the same Code, a sub-section Ire, including article 260, read as follows: «first sub-section. -Ties in the service documentation and concordance of the texts from the Court of cassation'.
S. 47. article 260 of the same Code, as amended by the law of 17 February 1997, is replaced by the following provision: «art.» 260. in order to be named in a class of level occupations, with the title of Secretary in the service documentation and concordance of the texts to the Court of cassation, the candidate must be either doctor, licensee or master's degree in law, or licensee and master of romance and Germanic Philology, philology or licensee translator.
The candidates are classified, for appointment, in a competition. The Supreme Court determines the subject matter of this contest, establishes the conditions and constitutes the Board. Winners retain the benefit of their success for three years from the date of the minutes of the contest.
Each jury is composed of a member of the court appointed by the first president of the Court of cassation, a member of the Prosecutor's office designated by the Attorney general about this Court, lawyer at the Court of appeal designated by the President of the bar, a tether in the service documentation and concordance of the texts to anyone outside the institution the latter two jointly nominated by the first president and the Attorney general.
And allowances granted to the members and the Secretary of the jury of the competition are determined by the King. » Art. 48. it is inserted into the Ire of Chapter VI section, title VI of the first book, second part, of the same Code, a sub-section II, including article 261, read as follows: «SUB-SECTION II.» -Legal secretaries and lawyers of Prosecutor's office near the courts of appeal, the labour courts and tribunals.
S. 49. article 261 of the same Code, replaced by the law of 17 February 1997 and amended by the Act of March 13, 2001, is replaced by the following provision: «art.» 261. in order to be named in a class of level A occupations, with the title of legal Secretary at the Court of appeal, to the Court of labour and to the courts, or lawyer of parquet floors near these courts and tribunals, the candidate must: 1 ° be doctor, licensee, or master of law;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
King may, during this period, end professional incapacity or for misconduct serious functions provisionally exclusively on the proposal, as the case may be, of the first President of the Court of appeal or the Court work, the Attorney general at the Court of appeal or the federal prosecutor, and at the head of the Court's prior notice of the Court or the Prosecutor's office for which or which candidate was appointed.
Time and status applicable to level B and C staff members appointed on an interim basis, referred to in article 177, are applied to the same extent and under the same conditions jurists of parquet floors and referendum appointed on an interim basis. » Art. 50. it is inserted into the Ire of Chapter VI section, title VI of the first book, part II, of the same Code, a sub-section III, comprising articles 263 to 265, worded as follows: «SUB-SECTION III.» -Members of the registry.
S. 51. article 262 of the Code, as amended by the law of 17 February 1997, is replaced by the following provision: «art.» 262. § 1. To be appointed by recruitment, in a class of level A occupations, with the title of Chief Registrar, the candidate must: 1 ° be a carrier of a diploma or certificate of studies taken into consideration for admission to the A level in the administrations of the State functions;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of a Chief Clerk becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
The King may, during this period, terminate, or for serious misconduct to the duties performed provisionally on the proposal of the head of body, referred to in article 58bis, 2 ° incapacity of the judge at the tribunal de police, the oldest or the Justice of the peace, that it passes it directly.
Time and the Statute applicable to the level B and C staff members appointed on an interim basis, referred to in article 177, are applied to the same extent and under the same conditions to chief clerks appointed on an interim basis.
§ 2. To be appointed by promotion, in a class of level A occupations, with the title of Chief Registrar, the candidate must: 1 ° be named outright and counting, according to the case, a class seniority or seniority of rank of 5 years at least in function of referendum, Clerk-Chief of service or clerk if it is holder of a diploma or certificate in the § 1 , paragraph 1, 1 °, or 10 years in the service of Registrar;
2 ° be a comparative selection for the relevant function, organised by Selor - Bureau of the Federal Administration selection winner.
The comparative selection consists of an interview based on a practical case linked to the function.
Are admitted to the comparative selections candidates who are: 1 ° either a diploma or certificate of studies taken into consideration for admission to the A level in the administrations of the State functions;
2 ° be following patents: has) a patent attesting the successful completion of the part devoted to General training to participate in a comparative selection for accession at the A level. The applicant in possession of this patent may participate in the parties devoted to certain topics;
(b) four patent attesting the successful completion of the parties devoted to materials established by the Managing Director of Selor - selection of the Federal Administration Office.
The parties intended for obtaining the patents to participate in the comparative selection referred to in § 2, paragraph 2, on the assumption of level A are organized every two years.
To succeed, candidates must obtain at least 60% of the points.
Obtaining a patent is definitively acquired. » Art. 52. article 263 of the Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 263 § 1. To be appointed by recruitment, in a class of level A occupations, with the title of clerk-head of service, the applicant must: 1 ° be a carrier of a diploma or certificate of studies taken into consideration for admission to the A level in the administrations of the State functions;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of a Chief Clerk of service becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
The King may, during this period, put end, professional incapacity or misconduct serious to functions as a provisional proposal for the corps leader, referred to in article 58bis, 2 °, of the judge at the tribunal de police the oldest or the Justice of the peace, that the Chief Clerk transmits directly to the Minister of Justice with his own.
Time and the Statute applicable to the level B and C staff members appointed on an interim basis, referred to in article 177, are applied to the same extent and under the same conditions to clerks-managers appointed on an interim basis.
§
2. To be appointed by promotion, in a class of level A occupations, with the title of clerk-head of service, the applicant must: 1 ° be named outright and counting a class seniority or seniority of rank of 5 years at least in the referendum or clerk function if the latter is holder of a diploma or a certificate referred to the § 1 , paragraph 1, or 10 years in the service of Registrar;
2 ° be a comparative selection for the relevant function, organised by Selor - Bureau of the Federal Administration selection winner.
The comparative selection consists of an interview based on a practical case linked to the function.

To be admitted to the comparative selections, candidates must fulfil the conditions referred to in article 262, § 2, paragraph 3. » Art. 53. article 264 of the Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 264. § 1. To be appointed by recruitment, clerk grade B level, the candidate must: 1 ° be a carrier of a diploma or certificate of studies taken into consideration for admission to the B level in the administrations of the State functions;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of a Registrar becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
During this period, the King may end professional incapacity or for serious misconduct, to the duties performed provisionally on the proposal, as appropriate, of the first president, President of the judge at the tribunal de police the oldest or the Justice of the peace, that the Chief Clerk transmits directly to the Minister of Justice with his.
Time and the Statute applicable to the level B and C staff members appointed on an interim basis, referred to in article 177, are applied to the same extent and under the same conditions to clerks appointed on an interim basis.
§ 2. To be appointed by promotion in level B to the rank of Registrar, the candidate must: 1 ° be named outright in the function wizard or expert about a registry or a parquet secretariat;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
§ 3. The selection for the recruitment and promotion includes: 1 ° a general part which evaluates the generic skills to the family of functions to which the function belongs.
2 ° where appropriate, a particular part which evaluates the function-specific skills. » Art. 54. it is inserted into the Ire of Chapter VI section, title VI of the first book, second part, of the same Code, sub-chapter IV, comprising sections 265 to 267, worded as follows: «SUB-SECTION IV.» -Members of the secretariat of parquet.
S. 55. article 265 of the Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 265 § 1. To be appointed by recruitment, in a class of level A occupations, with the title of Chief Secretary, the candidate must: 1 ° be a carrier of a diploma or certificate of studies taken into consideration for admission to the A level in the administrations of the State functions;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of a Chief Secretary becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
The King may, during this period, put end, incapacity or negligence gross in the functions performed provisionally on the proposal, according to the case, the Attorney general, the federal prosecutor, the Prosecutor of the King or the auditor of the work, which is transmitted directly to the Minister of Justice.
Time and status applicable to level B and C staff members appointed on an interim basis, referred to in article 177, are applied to the same extent and under the same conditions Chief Secretaries appointed on an interim basis.
§ 2. To be appointed by promotion, in a class of level A occupations, with the title of Chief Secretary, the candidate must: 1 ° be named outright and counting, according to the case, a class seniority or seniority of rank of 5 years at least in the function of lawyer of parquet, Secretary-head of service or Secretary if latter is holder of a diploma or certificate in the § 1 , paragraph 1, 1 °, or 10 years at least in the function of Secretary;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The comparative selection consists of an interview based on a practical case linked to the function.
To be admitted to the comparative selections, candidates must fulfil the conditions referred to in article 262, § 2, paragraph 3. » Art. 56. article 266 of the Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 266 § 1. To be appointed by recruitment, in a class of level A occupations, with the title of Secretary-head of service, the applicant must: 1 ° be a carrier of a diploma or certificate of studies taken into consideration for admission to the A level in the administrations of the State functions;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of a Chief Secretary of service becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
The King may, during this period, put end in case of incapacity or for serious misconduct to the duties performed provisionally on the proposal, according to the case, the Attorney general, the federal prosecutor, the Prosecutor of the King or the auditor of the work, that the Chief Secretary shall transmit directly to the Minister of Justice including his.
Time and the Statute applicable to the level B and C staff members appointed on an interim basis, referred to in article 177, are applied to the same extent and under the same conditions to Secretaries-managers appointed on an interim basis.
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2. To be appointed by promotion, in a class of level A occupations, with the title of Secretary-head of service, the applicant must: 1 ° be appointed permanently and counting, according to the case, a class seniority or seniority of rank of 5 years at least in the function of lawyer parquet or Secretary if latter is holder of a diploma or certificate set out in the § 1 , 1 °, or 10 years at least in the function of Secretary;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The comparative selection consists of an interview based on a practical case linked to the function.
To be admitted to the comparative selections, candidates must fulfil the conditions referred to in article 262, § 2, paragraph 3. » Art. 57. article 267 of the same Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 267 § 1. To be appointed by recruitment, in the B level to the rank of Secretary to a Prosecutor's office, the candidate must: 1 ° be a carrier of a diploma or certificate of studies taken into consideration for admission to the B level in the administrations of the State functions;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of a Secretary becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
The King may, during this period, put end in case of incapacity or for serious misconduct to the duties performed provisionally on the proposal, according to the case, the Attorney general, the federal prosecutor, the Prosecutor of the King or the auditor of the work, that the Chief Secretary shall transmit directly to the Minister of Justice including his.
Time and the Statute applicable to the level B and C staff members appointed on an interim basis, referred to in article 177, are applied to the same extent and under the same conditions to Secretaries appointed on an interim basis.
§ 2. To be appointed by promotion in level B to the rank of Secretary, the candidate must: 1 ° be named outright in the function wizard or expert about a registry or a parquet secretariat;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
§ 3. The selection for the recruitment and promotion includes: 1 ° a general part which evaluates the generic skills to the family of functions to which the function belongs.
2 ° where appropriate, a particular part which evaluates the function-specific skills. » Art. 58. it is inserted in section Ire of Chapter VI, title VI of book I, second part, of the same Code, a subsection V, comprising articles 268 to 272, read as follows: «sub-section V. - of the members of the staff attached to the registries, to the secretariats of parquet and support services.
S.
59. article 268 of the Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 268 § 1.
To be appointed by recruitment, in a class of level A occupations, the candidate must: 1 ° be a carrier of a diploma or certificate taken into consideration for admission to the A level in the administrations of the State functions;
2 ° be a comparative selection for function-winner

concerned, organised by Selor - selection of the Federal Administration Office.
The appointment of a member of staff at A level becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
During this period, the King may put an end to the functions performed provisionally on the proposal of the head of body, referred to in article 58bis, 2 °, of the judge at the oldest police court or justice of the peace.
In the case of provisional appointment in a registry or a parquet secretariat, the proposal is transmitted to the Minister of Justice by the Chief Clerk or the Chief Secretary, who accompanied his.
The delay and the Statute applicable to the staff levels B and C members appointed on an interim basis, referred to in article 177, paragraph 2, are applied to the same extent and under the same conditions to level A staff member appointed on a provisional basis.
§ 2. In order to be appointed by promotion, in a class of level A occupations, the candidate must be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The comparative selection consists of an interview based on a practical case in connection with the service.
To be admitted to the comparative selections, candidates must fulfil the conditions referred to in article 262, § 2, paragraph 3. » Art. 60. article 269 of the same Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 269. the King lays down the arrangements for the comparative selection referred to in articles 262 to 268. » Art. 61. article 269bis of the Code, inserted by the law of 11 December 1973 and replaced by the laws of 17 February 1997 and 10 June 2006, is repealed.
S.
62. article 269ter of the Code, inserted by the Act of February 17, 1997, is repealed.
S.
63. the title of Chapter VII, title VI, book first, second part, of the same Code, replaced by the Act of June 10, 2006, is repealed.
S. 64. article 270, replaced by the laws of February 17, 1997 and June 10, 2006, is replaced by the following provision: «art.» 270. § 1.
To be appointed by recruitment, expert, administrative expert or expert ICT in a registry, a secretariat of parquet or, where applicable, a support service, the applicant must: 1 ° be a carrier of a diploma or certificate taken into consideration for admission to the B level in the administrations of the State functions;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of an expert, an administrative expert or an ICT expert becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
During this period, the King may put an end to the functions as a provisional proposal for the corps leader, referred to article 58bis, 2 ° of the judge of the oldest police or justice of the peace Court, transmitted directly to the Minister of Justice.
In the case of provisional appointment in a registry or a parquet secretariat, the proposal is transmitted to the Minister of Justice by the Chief Clerk or the Chief Secretary, who accompanied his opinion.
§
2. To be appointed by promotion, expert, administrative expert or expert ICT in a registry, a secretariat of parquet or, where applicable, a support service, the applicant must: 1 ° be appointed permanently to the function wizard in a registry or a secretariat of parquet;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
§ 3. The time limit, which may not exceed one year, and apply for provisional appointment status are fixed by the King. » Art. 65. article 271, replaced by the laws of February 17, 1997 and June 10, 2006, is replaced by the following provision: «§ 1.» To be appointed by recruitment, assisting in a registry, a secretariat of parquet or, where applicable, a support service, the candidate must: 2 ° possess a diploma or certificate taken into consideration for admission to a function of level C in the State administrations;
3 ° to be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
During this period, the King may put an end to the functions performed provisionally on the proposal of the head of body, referred to in article 58bis, 2 °, of the judge at the tribunal de police, the oldest or the Justice of the peace, which is transmitted directly to the Minister of Justice.
In the case of provisional appointment in a registry or a parquet secretariat, the proposal is transmitted to the Minister of Justice by the Chief Clerk or the Chief Secretary, who accompanied his opinion.
§ 2. To be appointed by promotion, assistant in a registry, a secretariat of parquet or, where applicable, a support service, the applicant must: 1 ° be appointed permanently to the function of collaborator in a registry or a secretariat of parquet;
2 ° be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
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3. The time limit, which may not exceed one year, and apply for provisional appointment status are fixed by the King. » Art. 66. article 272, restored by Act of June 10, 2006, is replaced by the following provision: «art.» 272. in order to be appointed Associate in a registry, a secretariat of parquet or, where appropriate, support service, the candidate must be winning a comparative selection for the relevant function, organised by Selor - selection of the Federal Administration Office.
The appointment of a contributor becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.
During this period, the King may put an end to the functions performed provisionally on the proposal of the head of body, referred to in article 58bis, 2 °, of the judge at the tribunal de police, the oldest or the Justice of the peace, which is transmitted directly to the Minister of Justice.
In the case of provisional appointment in a registry or a parquet secretariat, the proposal is transmitted to the Minister of Justice by the Chief Clerk or the Chief Secretary, who accompanied his.
The time limit, which may not exceed one year, and apply for provisional appointment status are fixed by the King. » Art.
67. it is inserted in chapter VI, title VI, of the book first, second part, of the same Code, part II, comprising articles 273 to 275, as follows: ' Section II '. «-Recruitment.
S. 68. article 273 of the same Code, replaced by the Act of June 10, 2006, is replaced by the following provision: «art.» 273. when employment of a staff member is terminated, this job is Office declared vacant, unless it can be filled by mutation. » Art. 69. article 274 of the same Code, replaced by the Act of June 10, 2006, is replaced by the following provision: «art.» 274 § 1. In the A level and for a clerk or Secretary job, the Minister of Justice chooses if the became vacant must be assigned by way of recruitment or promotion.
§ 2. For the appointment of Chief Clerk, Chief Clerk, Chief Secretary, Secretary Chief of service or functions in the class of trades A3 or A4 at the A level, it is provided to the vacant by appealing to the judiciary that meets the regulatory requirements and who qualifies by progress or change in class of trades.
If the job cannot be allocated among these members of staff, call, is made by mobility, agents of the Federal Government administrative power within the meaning of article 1 of the law of 22 July 1993 concerning certain measures for public service, which meet the prescribed conditions and who can claim it by promotion to the upper class or class of business change.
If employment cannot be attributed by mobility, it is in accordance with the rules laid down in recruitment. However, a useful experience for six years for the class A3 and nine years for the A4 class function is required.
§
3. At the request of the Minister or his delegate, Selor organizes a comparative selection leading to a ranking of winners.
§ 4. If the nature of the function to fill requests, the Minister or his delegate may, under the supervision of Selor, organize additional comparative event leading to this function to a separate ranking of winners.
The selection Committee is composed as follows: 1 ° as Chairman, according to the case, the head of body referred to in article 58bis, 2 °, the oldest police court judge or justice of the peace Court, the tribunal or the parquet where employment is declared vacant, or his delegate;
2 ° two members designated by the Minister of Justice among people who, due to their competence or specialisation, are particularly qualified. This particular qualification can be evidenced either by a degree or a relevant qualification.
In a tie between candidates who come into consideration for a promotion and candidates that come into consideration for recruitment, a supplementary test is always organized.
Participation in the comparative test

supplementary is not mandatory. The winners of this comparative test as well as candidates who have failed keep the classification referred to in § 3.
§ 5. The King appoints the highest winner filed for the relevant comparative selection or the highest winner filed for additional comparative test among the candidates for the vacant. » Art. 70. article 275 of the Code, replaced by the Act of June 10, 2006, is replaced by the following provision: «art.» 275. among the winners of two or several comparative selections, priority is given to the winners of the selection which the record has been established at the earliest date. » Art.
71. it is inserted in chapter VI, title VI, of the first book, part II, of the Code, part III, including 276 at 287bis, written following: ' Section III '. -Of developments in the career.
S. 72. it is inserted in section III of Chapter VI, title VI, of the book first, second part, of the same Code, a sub-section Ire, comprising articles 276 to 278, read as follows: «sub-section Ire. -General provisions.
S.
73. article 276 of the Penal Code, amended by the acts of 17 February 1997, 21 June 2001 and 10 June 2006, is replaced by the following provision: «art.» 276 § 1. There are two types of promotions: 1 ° as regards the administrative career, promotion is the appointment of the staff member: has) degree from a higher level.
(b) a level class A when it is at a lower level;
(c) to the upper class.
2 ° as regards the financial career, promotion is the allocation to the Member of staff, in his grade or in its class, of salary scale than that which he enjoyed; It is referred to as "promotion by wage scale progress." the passage of wide scale of treatment A21 A12 treatment is likened to a promotion by wage scale promotion.
§ 2. The promotion by wage scale promotion or advancement to a higher class may depend on the success of a comparative selection or training certified, as referred to in article 279. » Art. 74. article 277 of the Code, as amended by the law of 17 February 1997 and 10 June 2006, is replaced by the following provision: «art.» 277 § 1. To be promoted to the A2 class, the staff member must have at least two years ' seniority in the A1 class.
To be promoted to class A3, the staff member must have at least four years of seniority in the A2 class.
To be promoted to the A4 class, the staff member shall bear the class A3.
To be promoted to the class A5, the staff member must have at least two years ' seniority in the A4 class.
§ 2. By way of derogation to the § 1, the staff referred to in articles 262, § 2, 263, § 2, 265, § 2, and 266, § 2, must not have a seniority of class to be promoted to a class of trades A2 or A3, with the title of Chief Clerk, Chief Secretary, Clerk-Chief Secretary-Manager service or service.
§ 3. The employee paid in the scale of treatment A12 who succeeds a certified training is promoted to the A2 class at the end of the period of six years.
§ 4. The promotion took place in the first scale of treatment of the upper class.
§ 5. The promotion by accession to the top level is granted through a comparative selection. » Art. 75. article 278 of the Code, replaced by the laws of February 17, 1997 and June 10, 2006, is replaced by the following provision: «art.» 278 § 1. The grade change is the appointment of the staff member to an equivalent to his rank.
The change of class of trades is the appointment of a member of the staff to one class in another sector of trades.
§ 2. The promotion, the change of grade and the change of class of trades are possible when a statutory employment is vacant.
The King appoints by class of business change in level a."art. 76. the title of Chapter VIII of the second part, book first, title VI, of the same Code, inserted by the Act of June 10, 2006, is repealed.
S. 77. it is inserted in section III of Chapter VI, title VI of book I, part II, of the same Code, a sub-section II, comprising articles 279-287bis, written as follows: «SUB-SECTION II.» -Certified training.
S. 78. article 279 of the same Code, replaced by the laws of February 17, 1997 and June 10, 2006, is replaced by the following provision: «art.» 279. the certified training is a training to update and develop the skills and competencies of the staff.
It concludes with the validation of the outcomes of this training. » Art. 79. article 280 of the Code, replaced by the law of 17 February 1997, as amended by the law of June 21, 2001 and replaced by the law of June 10, 2006, is replaced by the following provision: «art.» 280. the Training Institute of the Federal Administration organizes the certified training.
Certified training concludes with a favourable or unfavourable decision.
The holder of the function of management N-1 with the Institute or its delegate issues certificates for the validation of the assets on the basis of the documents produced by the trainers at the end of the certified training. » Art.
80. article 280bis of the Code, inserted by the Act of February 17, 1997, is repealed.
S.
81. article 281 of the same Code, replaced by the laws of February 17, 1997 and June 10, 2006, is replaced by the following provision: «art.» 281. the list of the certified training is fixed per sector of trades by the King on the joint proposal of the Minister of Justice and the Minister who has public service within its remit, on proposal of commissions appointed by the latter. » Art.
82. article 282 of the Code, repealed by the Act of June 10, 2006, was re-established in the following wording: «art.» 282. the staff member's level who wishes to undergo certified training and participate in the validation des acquis that follows, selects a training in the list corresponding to its trades sector. It offers this choice to his superior.
In an interview, the superior hierarchical acquiesces in the choice of the staff member or propose an alternative. If a consensus can be reached, the choice is communicated to the service of the staff of the Directorate-General of the judicial organisation.
If disagreement persists, the superior hierarchical takes the decision.
In this case, the staff member may appeal to, where appropriate, the Attorney general and the first president of the Court where he has been appointed. It or her delegate, after hearing the parties, makes the final decision. » Art. 83. article 283 of the Code, repealed by the Act of June 10, 2006, was re-established in the following wording: «art.» 283. the Member of the staff of a level can follow twice the same certified training if has already successful it. It can, if he finished his studies in the past three years, re-register training that he followed during his university training base.
The Member of staff who has obtained in the three years, an additional graduate or postgraduate level diploma and whose purpose is closely related to the sector of trades in which it was named, may on joint proposal by his supervisor and the Director general of the Directorate-General of judicial service organization federal public Justice , and with the agreement of the Minister public service in charge, be considered as having passed the test of validation of the assets. In this case, it is considered as being registered at the date of the sending of the joint proposal to the commission.
Paragraph 2 does not apply to the additional qualifications obtained prior to or within the three years following obtaining the academic title on the basis of which the staff member has been recruited or engaged by contract of employment. » Art. 84. article 284 of the Code, repealed by the Act of 20 May 1997, was re-established in the following wording: «art.» 284. the certified formations have a validity period of: 1 ° six years for class A1 to A3;
2 ° five years for grades of clerks and Secretaries. » Art. 85. the title of chapter IX of title VI, book first, second part of the Code, is repealed.
S. 86. article 285 of the same Code, replaced by the law of February 13, 2003, is replaced by the following provision: «art.» 285. the period of validity of a certified training begins the first day of the month following the registration of the Member of staff in this training, and at the earliest on expiry of the period of validity of the previous certified training. » Art. 87. the title of chapter X, title VI, book first, second part, of the same Code is repealed.
S. 88. article 285bis of the Code, inserted by the law of 17 February 1997 and amended by the Act of June 10, 2006, is repealed.
S. 89. article 286 of the same Code, replaced by the law of December 22, 1998 and amended by the Act of June 10, 2006, is replaced by the following provision: «art.» 286. pursuant to article 368, paragraph 4, the time taken into consideration for the promotion by wage scale promotion is identical to that taken into account for the duration of validity of certified training.
The careers of the coated staff members of the grade of clerk or Secretary, there are five certified training courses numbered from 1 to 5. »

S. 90. article 286bis of the Code, inserted by the law of 17 February 1997 and amended by the law of 20 May 1997 and 10 June 2006, is repealed.
S.
91. article 287, of the same Code, replaced by the law of 18 July 1991 and amended by the laws of the February 17, 1997, December 22, 1998, April 12, 1999, may 3, 2003, 22 December 2003, 20 December 2005-June 10, 2006, is replaced by the following provision: «art.» 287. the staff member who enjoys an allocation of competences and retains the same class of trades or the same grade can register for a new certified training no earlier than 12 months before the end of the period of validity of the previous certified training. If it fails, it can re-register once the period of validity of the previous certified training has expired.
The staff member who enjoys an allocation of competences or which is covered with the last scale of treatment of his class or his rank and who is promoted to another class or level, can immediately register for certified corresponding to its new class training.
When changing occupations or grade class, the staff member retains the benefit of its allocation of competences.
The Member of staff who fails a certified training can re-register 365 days after his previous registration. » Art.
92. article 287bis of the Code, inserted by the Act of February 17, 1997, amended by the laws of the May 20, 1997, 12 April 1999, 17 July 2000, 13 March 2001, 21 June 2001, 3 May 2003, 22 December 2003 and June 10, 2006, is replaced by the following provision: «art.» . 287bis are applied to coated staff members of the grade of clerk and Secretary, the provisions applicable to members of staff at levels B, C and D referred to in article 177, paragraph 2, as regards: 1 ° the terms of classification in the families of functions;
2 ° the right to participate in a certified training and registration;
3 ° the choice of training certified;
4 ° the conditions of seniority to participate in a certified training. » Art. 93. it is inserted in chapter VI, title VI, of the book first, second part, of the same Code, section IV, comprising sections 287ter and 287quater, as follows: ' Section IV '. -Of the assessment ".
S.
94. article 287ter of the Code, inserted by the law of 17 February 1997, replaced by the Act of 20 May 1997 and amended by the laws of the April 12, 1999, July 17, 2000, 13 March 2001, 21 June 2001, July 8, 2004 and June 10, 2006, is replaced by the following provision: «art.» 287ter. § 1.
It is established a bulletin of evaluation of all members of staff at levels A, B, C and D.
Paragraph 1 applies to personnel engaged in the bonds of a contract of employment.
1 ° with respect to members of staff of a level near the courts and tribunals and chief clerks: in the evaluation bulletin, the corps leader, j. at the oldest police court or justice of the peace of the jurisdiction, as the case may be, expresses his opinion on the value and the attitude of those members of staff by means of descriptive forms, in accordance with the indications made.
2 ° in relation to the staff of level A near floors and the Chief Secretaries: in the evaluation bulletin, the Attorney general, the federal Attorney, the Prosecutor or the auditor of the work, as the case may be, expresses his opinion on the value and the attitude of those members of staff, using descriptive formulas in accordance with the indications made.
3 ° in relation to the attachments referred to in article 136: in the evaluation bulletin, Chief Magistrate jurisdiction body expresses his opinion as to the value and the attitude of fasteners, using descriptive formulas, according to amendments.
4 ° in relation to the staff of the grafts and secretariats of parquet: in the evaluation bulletin, the Chief Clerk or Secretary in Chief, as the case may be, express their opinion as to the value and the attitude of those members of staff, using descriptive formulas, according to amendments.
5 ° in relation to the support services staff: in the evaluation bulletin, Chief Magistrate of body of the Court or the Prosecutor's office expresses his opinion as to the value and the attitude of these members of staff, using descriptive formulas, according to amendments.
§ 2. Assessment results in one of the following: 'very good', 'good' or 'insufficient '. The King determines the modalities for the application of these provisions.
The Department head may delegate its powers in accordance with the rules laid down by the King.
§ 3. With regard to chief clerks and officers referred to in section 136, the commanding officer, the oldest police court judge or the Justice of the Court, as the case may be, establishes a provisional assessment and inform the Attorney general, the Prosecutor or the auditor of the work, as the case. This magistrate is joined his opinion. The commanding officer, the oldest police court judge or justice of the peace, as the case may be, shall then establish a definitive evaluation.
With regard to members of the grafts, the Chief Registrar establishes a provisional assessment and shall inform the Attorney general, the Prosecutor or the auditor of the work, as the case. This magistrate is joined his opinion. He invited, according to the case, the commanding officer, the oldest police court judge or justice of the peace of the jurisdiction where the registry member functions to do the same and transmits then the evaluation bulletin and, where appropriate, the notice back to the Chief Clerk who establishes a definitive evaluation.
With regard to the members of the secretariats of parquet, the Chief Secretary establishes a provisional assessment, shall inform the Attorney general, the federal prosecutor, King's attorney or the auditor of the work, as the case. This magistrate adds his opinion. The Chief Secretary then establishes the definitive assessment.
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4. Final assessment bulletin is notified by its author to the Member of staff concerned.
The person concerned has ten days to make a claim to the competent Board of appeal and ask to be heard. It address, same mail, a copy of its application to the evaluation bulletin editor. It transmits the bulletin of assessment, possibly with further written justification, to the Board of appeal within 48 hours following the receipt of this copy.
The Board transmits its decision within 40 days of the receipt of the complaint to the author of the evaluation and shall notify by registered letter to the Member of staff concerned.
This decision is final and is attached to the evaluation bulletin.
The concerned staff member may appeal against the decision of the Board of appeal for annulment pursuant to article 14 of the coordinated laws on the Council of State.
§ 5. The evaluation bulletin is prepared in the following cases: 1 ° between the ninth and the twelfth month following the entry on the basis of the staff member;
2 ° between the ninth and the twelfth month following the day where the staff member has another function as one in which a final assessment bulletin was awarded, or by appointment, either by contract or pursuant to sections 328, 329, 329bis, 330, 330bis or ter 330;
3 ° If, since the last assessment bulletin, the facts or findings favourable or unfavourable are likely to improve or worsen the assessment of the staff member newsletter;
4 ° If the staff member so requests, at the earliest one year after the establishment of the previous evaluation bulletin.
The evaluation covers the bygone period since the entry into function, from the start date of the new duties or from the previous evaluation bulletin.
Assessment bulletin is preserved by its author in a confidential file opened on behalf of each Member of staff. It communicates directly to the Minister of Justice awarded definitive reference.
§ 6. Without prejudice to disciplinary consequences, the assessment of a member of staff bringing ' deficient ' causes, at the monetary level, deprivation, for one year, of the effect of the first intercalary increase following the grant of the reference date. » Art. 95. article 287quater of the Code, inserted by the law of 17 February 1997 and amended by the laws of the April 12, 1999, 21 June 2001, April 10, 2003 and June 10, 2006, is replaced by the following provision: «art.» 287quater. § 1. It is created a National Board, which is seized of the appeals lodged by the attachments referred to in article 136, by the chief clerks and Chief Secretaries.
This National Chamber is established in Brussels.
It is established in the jurisdiction of each court of appeal, a Board of appeal, which is seized of the appeals filed against bulletins assessment service clerks-leaders, by the clerks, Secretaries-managers, Secretaries and members of the staff at levels A, B, C and D of the registries, secretariats of parquet and support services. This room is established at the headquarters of the Court of appeal.
These rooms include as many sections as there are linguistic regimes among staff members who may ask to be heard.
§ 2. The National Board of appeal is composed by section: 1 ° a judge of a court;

2 ° two prosecutors at a court.
3 ° two clerks in Chief;
4 ° two Chief Secretaries;
5 ° of one attached to the service documentation and concordance of the texts to the Court of cassation.
§ 3. The Board of appeal within the jurisdiction of each court of appeal is composed by section: 1 ° a judge;
2 ° two prosecutors;
3 ° two members of staff at A level;
4 ° two clerks;
(5) two Secretaries.
§ 4. The members of the National Board of appeal are appointed, with regard to the judiciary, by the first president of the Court of cassation and, with regard to the other members, by the Attorney general at the Court of cassation. The members of the Board of appeal of the Court of appeal are appointed, with regard to the judges, as the case may be, by the first president of the Court of appeal or the first president of the Court of labour, and in what respect the other members, by the Attorney general at the Court of appeal.
The designations referred to in paragraph 1 are carried out according to the criteria established by the King. For each category of court, each of the functions listed in §§ 2 and 3 must be represented either by a member or an alternate.
It might be known until six alternates for each Member.
The members of the boards of appeal are designated by their consent for a period of two years.
During the installation of the boards of appeal, magistrates are however referred to the first time for a period of three years.
§ 5. In case of unavailability of one or more members, the place of the absent member is occupied by the first alternate designated for this purpose.
The Board of appeal may deliberate validly only if the members or their alternates, appointed on the basis of the quality of the applicant, are present. Four members must at least be present per hearing.
At least half of them must be judges. The King determines which members of Chambers sit, depending on the category of staff to which the applicant belongs.
Each Board is chaired by the magistrate of the seat, or in the absence thereof, by the magistrate of the parquet with the highest rank. The president has the deciding vote.
The Board of appeal defined the applicant in person and, if it so wishes, the authors opinion or disputed assessment bulletin, and examines the folder and the reasons of the person concerned. The applicant may be assisted counsel or a delegate of a representative trade union organization during his hearing.
The King fixed the modalities of functioning of the boards of appeal. » Art. 96. it is inserted in Title VI of book I, part II, of the same Code a chapter VII, including 287quinquies and 287sexies, written following: ' chapter VII '. -Provisions common to chapters I to VI"..
S. 97. an article 287quinquies, worded as follows, shall be inserted in the same Code: «art.» 287quinquies. § 1. For appointments or designations provided in this title, the candidate must have satisfied the conditions of knowledge of national languages Act.
§ 2. For appointments and functions referred to in articles 187 to 194, 207-209 and 254 and 258, applicants must have exercised the legal duties prescribed as a holder of the master's degree, licensee or PhD in law and as main occupation.
§ 3. For appointments, functions and jobs provided by this title, individuals must be conduct meets the requirements of the function and enjoy civil and political rights. » Art. 98. a 287sexies new, as follows article is inserted in the same Code: «art.» 287sexies. any application for an appointment within the judiciary or designation of commanding officer, judge at the Court of the application of punishments, liaison judge for youth, magistrate assistance, federal magistrate or Prosecutor of the King specializing in application sentences must be addressed, under penalty of forfeiture, by registered letter to mail to the Minister of Justice within a period of one month from the publication of the vacancy in the Moniteur belge.
The publication of the vacancy provides, where appropriate, the period in which applicants may request to be heard pursuant to articles 259ter, 259quater and 259sexies, § 1, 3 °.
Any candidature for appointment or designation of head of body in the judiciary must, on pain of forfeiture, be accompanied by: a) all supporting documents concerning the education and professional experience;
(b) a curriculum vitae written in accordance with a form type established by the Minister of Justice on the proposal of the High Council of Justice;
The documents mentioned in the preceding paragraph shall be communicated in duplicate.
The management plan, referred to in article 259quater, § 2, paragraph 3, must, under penalty of forfeiture, be sent in two copies by registered mail, to the Minister of Justice within a period of 60 days from the publication of the vacancy in the Moniteur belge.
The publication may take place 15 months at the earliest before the vacancy.
No appointment or designation may not take place before the expiry of the deadline referred to in paragraph 1. » Art. 99. in the second part, book II, title I, of the Code, the title of chapter I, is replaced by the following: "first chapter. -From receipt of the magistrates, the referendum, lawyers parquet and the clerks and their provision of oath"art. 100a article 288 of the same Code, as amended by the laws of the February 17, 1997, may 6, 1997, 9 July 1997, 10 February 1998, December 22, 1998, 24 March 1999 and 21 June 2001 the following changes are made: 1 ° paragraph 5 is replaced by the following subparagraph: 'receipt of the presidents, vice-presidents, judges, judges of complement and judges alternates, the courts of first instance. the courts, trade and consular, actual and JJ alternate attorneys King, their first substitutes and their substitutes, the referendum and parquet near lawyers the courts of appeal and courts of first instance and the courts of commerce and chief clerks of the aforementioned courts, is done before one of the Chambers of the Court of appeal presided over by the first president or by counsel who replaces it or before the House of the vacations. » 2 ° paragraph 6 is replaced by the following subparagraph: "reception of presidents, vice-presidents, judges, justices of the complement and judges, auditors of labour, their first deputies and their surrogates, the referendum and the lawyers of Prosecutor's office near the courses of labour and the labour courts as well as Chief court clerks work is done before one of the rooms of the Court's work. presided over by the first president or by counsel who replaces it or before the Board of the vacations. » 3 ° paragraph 9 is replaced by the following subparagraph: "the reception clerks and members of staff at the level A courses is done before the Chamber where seat the first President or adviser who replaces it and receiving clerks and members of the staff of the level courts to the House seat of the president of the Court to which they are attached. , or before the Board of the vacations.
» 4 ° paragraph 10 is replaced by the following subparagraph: "the justices of the peace and judges of the Court of police, their alternates, of their chief clerks and clerks is received before one of the Chambers of the Court of first instance presided over by the Chairman or by the judge who replaces it, or before the Board of the vacations. The installation of the referendum police court takes place in accordance with paragraph 5. » Art. 101a article 291bis of the Code, inserted by the law of 17 February 1997 and amended by the laws of April 12, 1999, June 21, 2001 and June 10, 2006, the words "Secretaries and Secretaries Assistant prosecutors" are replaced by the words "and the Secretaries of the parquet.
S. 102. article 299bis of the Code, inserted by the law of May 6, 1997 and amended by the law of 24 March 1999, is replaced by the following provision: "articles 293 to 299 are applicable also to the referendum at the Court of cassation and judicial personnel of level A." art. 103. article 301 of the same Code, amended by the laws of the February 17, 1997, may 6, 1997, 9 July 1997, 10 February 1998, 12 April 1999 and 24 March 1999 is replaced by the following provision: «art.» 301. the persons with which they form a de facto household and parents or allied to the fourth degree cannot, unless exemption from the King, part simultaneously of a court or a court as advisors, judges, justices of the complement, alternate Councillors, judges, social judges or lay judges, officers of the public prosecutor, legal secretaries at the Court of cassation, personal level judiciary has clerks and Secretaries. » Art.
104. article 302 of the Code, replaced by the law of May 6, 1997, is replaced by the following provision: «art.» 302. even if they have obtained the exemption in article 301, the people with whom they form a de facto household and parents or allied to the fourth degree cannot sit in the same cause or is performing the duties of legal Secretary at the Court of cassation. » Art.
105. article 303 of the Code inserted by the Act of 11 July 1994, is replaced by the following provision:

«Art.» 303. in a justice of the peace, judges, their deputies and clerks can be people with whom they form a de facto household or relatives or allies until the degree of uncle or nephew inclusive. » Art. 106. article 310 of the Code, as amended by the laws of the 15 July 1970, 17 February 1997 and 24 March 1999, is replaced by the following provision: «art.» 310 at the Court of cassation, it is required a list of rank. It is as follows: members of the Court:-the first president;
-the president;
-Councillors, in order of their seniority as Adviser;
-the Attorney general;
-the first advocate-general;
-attorneys in the order of their appointment;
-the referendum at the Court of cassation.
Members of the registry:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade.
Members of the secretariat of parquet:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade. » Art. 107 A section 311 of the same Code, as amended by the laws of the February 17, 1997, 9 July 1997, 22 December 1998 and 24 March 1999, the following changes are made: 1 ° to the paragraph 1, the words "the referendum the courts of appeal in the order of their appointment" are replaced by the words "staff level A in the order of appointment in its class.
2 ° paragraph 2 is replaced as follows: "members of the registry:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade.
Members of the secretariat of parquet:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade. » Art. 108. paragraph 2 of article 311a of the same Code, inserted by the law of June 21, 2001, is replaced by the following subparagraph: "members of the secretariat of parquet:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade. » Art. 109a article 312 of the Code, as amended by the laws of the February 17, 1997, 10 February 1998 and 24 March 1999, the following changes are made: 1 ° to the paragraph 1, the words "the referendum and prosecution lawyers courts of first instance in the order of their appointment ' shall be replaced by the words"A level staff. ", in the order of appointment in its class."
2 ° paragraph 2 is replaced by the following provision: "members of the registry:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade.
Members of the secretariat of parquet:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade. » Art. 110. article 312bis of the same Code, inserted by the law of 17 February 1997 and amended by the law of 10 February 1998 and 24 March 1999 is replaced by the following provision: «art.» 312bis. the justices of the peace, it is required a list of rank. It is as follows:-Justice of the peace;
-Justice of the peace of add-in;
-Justices of the peace alternates, in the order of their appointment;
Members of the registry:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade. » Art. 111. article 312ter of the Code, inserted by the law of 17 February 1997 and amended by the law of December 22, 1998, is replaced by the following provision: «art.» 312ter. in the police courts, it is required a list of rank. It is as follows:-the judges, in the order of their appointment;
-judges of add-in in the same order;
-the judges, in the same order;
-judicial staff by level, in the order of their appointment in its class;
Members of the registry:-judicial personnel of level, in the order of appointment in its class;
-judicial personnel of level B, in order of appointment in his grade. » Art. 112. at article 328 of the Code, replaced by the law of 17 February 1997 and amended by laws of May 3, 2003 and June 10, 2006, the following changes are made: "1 ° 1st paragraph, the words"or the Deputy Registrar"shall be deleted;
2 ° in paragraph 4, 'Deputy Registrars' shall be replaced by the word "clerks."
3 ° paragraph 5 is repealed. » Art. 113 article 329 of the Code, replaced by the law of 17 February 1997 and amended by the Act of June 10, 2006, the words «, clerks and clerks Assistant» are replaced by the words "and poll clerks.
S.
114 A section 330 of the same Code, replaced by the law of 17 February 1997 and amended by the laws of the May 20, 1997, March 24, 1999, 26 March 2003, 10 April 2003, 3 May 2003, 27 December 2004 and 10 June 2006, the following changes are made: 1 ° 1st paragraph is replaced by the following paragraph: "without prejudice to the application of sections 328 and 329. the Minister of Justice may delegate to other functions equal or superior in their registry, an another registry, a support service, Federal commissions, agencies or Government offices or public services, judicial level staff and clerks. Article 327bis can be applied to them in accordance with a legal or regulatory provision particular. » 2 ° paragraph 3 is replaced by the following paragraph: "without prejudice to the application of article 375, judicial personnel of a level thus delegated registrars continue to enjoy their treatment and increases and benefits y related. '' » Art. 115. article 330bis of the Code, inserted by the law of 17 February 1997 and amended by the laws of the May 20, 1997, 24 March 1999, 12 April 1999, 10 April 2003, December 27, 2004 in June 10, 2006 is replaced by the following provision: «art.» 330bis. without prejudice to the application of article 329bis, the Minister of Justice may delegate to other functions equal or superior in their pen, the federal prosecution, other flooring, service support, in federal public services, commissions, agencies or Government offices, members and staff members and Secretaries. Article 327bis can be applied to them in accordance with a legal or regulatory provision particular.
Without prejudice to the application of article 375, judicial personnel of level A and thus delegated Secretaries continue to enjoy their treatment and increases and benefits y related. » Art. 116A article 330ter of the Code, inserted by the Act of June 10, 2006, the following changes are made: 1 ° in the § 1, "review of the candidate-clerk" shall be replaced by the words "referred to in article 264 comparative selection ';
2 ° in § 2, the words "or a secretariat of parquet" are each time replaced by the words ", a secretariat of parquet or a support service.
S. 117. article 330quater of the Code, inserted by the Act of June 10, 2006, is replaced by the following provision: «art.» 330quater. - § 1.
The judiciary of a court, a Tribunal, a registry, a secretariat of parquet or a support service may, at his request, be transferred permanently by mutation in a class of trade or a rank similar in another court, another court, another transplant, another secretariat of parquet, another support service, provided that a job is vacant.
The King rule the mutation.
This transfer took place without it is application of article 287septies and without new benefit oath.
§ 2. Judicial personnel near a court, tribunal, a registry, a secretariat of parquet or a support service may, at his request, be transferred by mobility, permanently, in an equivalent rank in a federal public service.
A member of the staff of a federal public service may, at his request, be transferred by mobility, permanently, in a class of trades or equivalent qualification, in a registry or a secretariat of the parquet.
The King rule the mobility.
» Art. 118. article 331 of the Code, as amended by the laws of the February 17, 1997, may 6, 1997, 10 February 1998, 24 March 1999 and 21 June 2001, is replaced by the following provision: «art.» 331. no magistrate referendum nor prosecution lawyer, neither Member of the registry may be absent if the service must suffer from his absence.
Cannot be absent more than three days: 1 ° the first President of the Court of cassation, the first presidents of courts of appeal and the working classes and the Attorneys General about these courses, without authorization from the Minister of Justice;
2 ° the members of the Court of cassation, without authorization of the first President;
3 ° the General Counsel at this Court, without authorization of the Attorney general;
4 ° the referendum at the Court of cassation, without permission of the first president or the Attorney general following, as they lend their assistance to the Court or the public prosecutor;
5 ° members of courts of appeal, the presidents of the courts of Assize, the presidents of the courts of first instance and of commerce, the referendum closely the courts of appeal and courts work and, where appropriate, judicial level personnel has support services near appellate courts and labour prices, without authorization of the first President

of the Court of appeal;
6 ° members of the course of the work, social Councillors and presidents of the courts of the work, without authorization of the first President of the Labour Court;
7 ° near the Court of appeal, counsel Attorneys General at the Court of labour, the Attorney general at the Court of Appeal substitutes, general substitutes the Court of labour, and the Crown attorneys and labor Auditors, without authorization of the Attorney general at the Court of appeal;
8 ° the Vice Presidents, judges and judges in addition to the courts of first instance and the commercial courts, lay judges, the courts of first instance referendum, without permission of the president of the tribunal;
9 ° the federal prosecutor, without permission of the president of the College of Prosecutors General;
10 ° the Vice Presidents, judges and judges in addition to the labour courts and social judges, without the permission of the president of the Labour Court;
11 ° the Crown of the King and parquet near lawyers the courts of first instance, if any, judicial staff has support services, without authorization of the Procurator of the King;
12 ° the Federal Magistrates, without permission of the federal prosecutor.
13 ° the substitutes of the auditor's work, without permission of the auditor of the work;
14 ° justices of the peace and judges to the tribunal de police, without permission of the president of the Court of first instance;
15 ° the chief clerks and, where appropriate, judicial personnel of level of support services, without authorization of the first president of the Court, of the president of the tribunal, the oldest judge at the Court of police or justice of the peace of the jurisdiction to which they are attached;
16 ° managers-clerks and clerks, without permission of the Chief Clerk of the Court to which they are attached. » Art. 119. article 331bis, paragraph 1, of the same Code, inserted by the law of 17 February 1997 and amended by laws of 12 April 1999 and 21 June 2001, is replaced by the following provision: «art.» 331 bis. Members of the secretariat of the public prosecutor and, where appropriate, the level of support services staff may be absent if the service must suffer their absence. » Art. 120. the title of chapter VIIbis of title II of book II, second part, of the same Code, is replaced by the following heading: ' chapter VIIbis '. -Provisions relating to the referendum at the Court of cassation thus the referendum and prosecution lawyers".
S. 121a article 353bis, inserted by the law of May 6, 1997 and amended by laws of March 24, 1999 and April 12, 1999, the words "prosecution lawyers almost appellate courts and almost the courts of first instance" are replaced by the words "lawyers of Prosecutor's office near the courts of appeal, near work courses and close the courts.
S. 122. the title of Chapter VIII of title II of book II, second part, of the same Code, is replaced by the following heading: ' chapter VIII '. -Provisions common to members of the registries, to the staff of the registries, floors and support services and the clips of the service documentation and concordance of the texts to the Court of cassation'.
S. 123. article 353ter of the Code inserted by the Act of 26 March 1996 and amended by the laws of February 17, 1997, 12 April 1999 and 10 June 2006, is replaced by the following provision: «art.» 353ter.-the rules of incompatibility laid down in articles 293 to 299 are applicable to the members of the secretariat of the public prosecutor, to staff of the registries, secretariats of parquet and support services, the fasteners in the service documentation and concordance of the texts to the Court of cassation. » Art. 124. article 354 of the same Code, replaced by the law of 17 February 1997 and amended by laws of 12 April 1999, 22 December 1998 and 3 May 2003 is replaced by the following provision: «art.» 354. the King determines the taking of oath of the staff of the registries, secretariats of parquet and support services, as well as ties to the service documentation and concordance of the texts to the Court of cassation. It also determines the absences, leave and holidays supra staff, as well as Chief Secretaries and Secretaries.
The King organizes vocational training of judicial personnel.
In what respect to absences for illness or disability for the staff of the registry and the staff members referred to in paragraph 1, the King may apply the rules applicable to agents of the State.
The King may also determine the position of availability and secure waiting processing attached thereto, in accordance with the provisions in force for agents of the State. » Art. 125 section Ierter, title III, book II, second part, of the same Code, including section 365ter, is repealed.
S. 126. the title of chapter II, title III, book II, part II, of the same Code, is replaced by the following heading: ' chapter II '. «-Treatments and supplements of A salary, clerks and Secretaries.
S. 127. There shall be inserted in chapter II, title III, of the book II, second part, of the same Code, a 1st section, including 366-367, entitled as follows: "first Section. -General provisions.
S. 128. article 366 of the same Code, replaced by the law of August 10, 2005, is replaced by the following provision: «art.» 366. § 1. Articles 362, 363, 365, § 1, shall apply to treatments, treatment supplements and increases of seniority of judicial personnel.
§ 2. Are taken into account for the calculation of seniority: 1 ° the period during which from the age of 21 a function has been exercised in a court or tribunal;
2 ° the time of registration for the bar, as well as the exercise of the burden of notary by a doctor, a licensee or a master in law;
3 ° the time devoted to the teaching of law at a Belgian University.
4 ° the duration of the functions of the Council of State as a member of the Council of State, the Prosecutor's office or the office for coordination;
5 ° without prejudice to the application of the provisions of section 365, § 1:-the duration of the services rendered from the age of 21 years in the State services and the services in Africa;
-the duration of effective services to full benefits from the age of 21 years in public services other than the services of the State and services of Africa or as a paid service by a grant-treatment in a subsidized free education institution.
In the event that some of these occupations would be performed at the same time, the cumulation of these is not allowed for the calculation of processing increases.
The term "State services" means any service falling within the legislature, the Executive and the judiciary and which is not made in person legal.
'Africa services' means any service which reported to the Government of the Belgian Congo and Ruanda-Urundi Government and which was not created in person legal.
'Public services other than the services of the State and Africa services' means: a) any service of Executive and constituted authority in legal personality;
(b) any service that reported to the Government of the Belgian Congo and Ruanda-Urundi Government and was established as a legal personality;
(c) any service municipal or provincial;
(d) any other institution under Belgian law, that meets community needs and local or general interest in the establishment or the particular direction which occurs the preponderance of public authority, as well as any other institution of colonial law which met the same conditions.
6 ° without prejudice to the application of the provisions of § 1, the duration of services which, with the monetary status of the staff of ministries, are taken into account for the calculation of seniority payment of compensation of officials belonging to the A level and this, in the same manner.
In the event that some of these occupations would be performed at the same time, the cumulation of these is not allowed for the calculation of processing increases.
In the event that some of these occupations would be performed successively, exercise times are added together. The remaining services are valued according to the importance which their is recognized for the category to which they belong.
» Art. 129. article 367 of the Code, replaced by the law of August 10, 2005, is replaced by the following provision: «art.» 367. the vacation allowance allocated to members of staff at levels B, C and D as referred to in article 177, paragraph 2, is granted to the same extent and under the same conditions at the staff level, clerks and Secretaries. » Art.
130. it is inserted in chapter II, title III, book II, part II, of the same Code, part II, comprising articles 368-373, and entitled as follows: "Section II." -Treatments.
S. 131. article 367bis of the Code, repealed by the law of August 10, 2005, is restored in the following wording: «art.» 367bis. has each grade and each class are attached one or more scales of treatment. » Art. 132. it is inserted in section II of chapter II, title III, book II, second part, of the same Code, a first sub-section, new, including articles 367-369, and entitled as follows: «first sub-section. «-Level was.
S.
133. article 367ter of the Code, inserted by the law of August 10, 2005, is repealed.

S. 134. article 368 of the Code is replaced by the following provision: «art.» 368. in the A1 class, the staff member is remunerated by salary A11 scale.
In the A2 class, the staff member is remunerated by salary A21 scale.
In the class A3, the staff member is remunerated by salary A31 scale.
In classes A1, A2 and A3, the Member of staff remunerated by salary scale in column 1 of the table below which succeeded the training certified pursuant to section 280, gets at the end of the period of validity of certified training referred to in article 284, salary scale mentioned in column 2.

For the consultation of the array, see image by way of derogation from paragraph 4, the Member of staff remunerated by A11 range for a period of six years gets automatically A12 salary scale. » Art. 135 § 1. Article 369 of the Code, replaced by the law of August 10, 2005, the following changes are made: 1 ° 1st paragraph, 6 °, shall be replaced by the following: «6 ° a monthly premium of 110 euros to the members of the registry which justify the knowledge of the second language, as provided for in article 53, § 6, paragraph 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters provided that they exercise their functions to a court where a part at least of magistrates or members file are, under the law on the use of languages in judicial matters, required to justify the knowledge of more than one national language. » 2 ° the following subparagraph is inserted between paragraphs 2 and 3: ' the premium referred to in paragraph 1, 6 °, is only allocated to the staff of the registry who are on active service and who are receiving treatment. '' Premium is paid at the same time that treatment. In the event of incomplete benefits, the premium is paid in proportion to the services provided.
»
§ 2. Article 369 of the Code is replaced by the following provision: «art.» 369. § 1. In the A4 class, the staff member is remunerated by salary A41 scale.
After six years of pay in the scale of treatment A41, the staff member receives treatment A42 scale if he managed a certified training.
After six years of pay in the scale of treatment A42, the staff member receives treatment A43 scale if he managed a certified training.
§ 2. In the class A5, the staff member is remunerated by salary A51 scale.
The staff member, paid for a period of six years by the scale of treatment A51, automatically gets salary A52 scale.
The staff member, paid for a period of six years by the scale of treatment A52, automatically gets salary A53 scale. » Art. 136. article 370 of the Code, replaced and amended by the law of 17 February 1997 and 10 June 2006, is replaced by the following provision: «art.» 370 are related to salary scales the following treatments: for consultation table, see image arts.
137. it is inserted in section II of chapter II, title III, book II, second part, of the same Code, a sub-section II, comprising articles 371 and 372, worded as follows: «SUB-SECTION II.» -Level B (clerks and Secretaries).
S. 138 § 1. Article 371, § 2, has), of the same Code, replaced by the law of 2 August 1974 and amended by the Act of June 15, 2005, is replaced by the following provision: "a) time of registration for the bar, as well as the exercise of the burden of notary by a doctor, a licensee or a master in law;
§
2. Article 371 of the Code is replaced by the following provision: «art.» 371 § 1. The ranks of Registrar and Secretary cherishes BJ1 salary scale.
§
2. The clerk or the Secretary who succeeded certified training related to grade 1 and 2 gets at the end of a period of five years from the first day of the month following the date of registration to this latest certified training, and at the earliest on expiry of the period of validity of the previous certified training salary BJ2 scale.
§ 3. The clerk or Secretary who managed one of the certified trainings 3, 4 and 5 related to this rank gets at the end of a period of five years from the first day of the month following the date of its registration last certified training and, at the earliest on expiry of the period of validity of the previous certified training salary BJ3 scale. » Art. 139. article 372 of the same Code, replaced by the law of August 10, 2005, is replaced by the following provision: «art.» 372. to the pay ranges for the clerks and Secretaries are attached the following treatments: treatment BJ1 - minimum salary scale: 17 274,00 euros;
-maximum processing: 25 688,00 euro;
-intermediate increases: • three annual 253 euros increases, • followed an increase in biennale of 293 euros, • followed by a biennial 391 euros rise, • followed by an increase in biennial 673 euros, followed by nine biennial EUR 625 increases •.
Salary BJ2 - minimum salary range: 21 731,00 euros;
-maximum processing: 32 396,00 EUR;
-intermediate increases: • three annual 372 euro increases, • followed by two biennial of 293 euro increases, followed by three increases in biennial 673 EUR •, • followed by an increase in biennial 992 euros, followed by eight biennial 744 euros increases •.
Salary BJ3 - minimum salary range: 24 531,00 EUR;
-maximum salary: 35 196,00 EUR;
-intermediate increases: • three annual 372 euro increase, • followed by two increases in biennial 293 euros, followed by three increases in biennial of 673 euros, • • followed by an increase in biennial 992 euros, • followed by eight biennial 744 euros increases. » Art. 140. it is inserted in chapter II, title III, book II, part II, of the Code, part III, comprising articles 373-375, and entitled as follows: ' Section III '. -Allowances and bonuses.
S.
141. article 373 of the Code, replaced by the law of 27 December 1994, amended by the law of 17 February 1997, is replaced by the following provision: «art.» 373. it goes: 1 ° a pay supplement of 2 221,91 euros to the clerk who assists the investigating judge or the judge of the youth for a month at least.
2 ° a premium of 123.95 euro per case to the clerk who performs the function of Registrar of the Court of Assizes during the session of the Court of Assizes;
3 ° a monthly premium of 110 euros to the members of the registry justifying knowledge of the second language, as provided for in article 53, § 6, paragraph 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters, provided that they exercise their functions to a court where a part at least of the magistrates or members of registry are under the law on the use of languages in judicial matters, required to justify the knowledge of more than one national language;
4 ° a monthly premium of 110 euros to the members of the secretariat of parquet justifying knowledge of the second language, as provided for in article 53, § 6, paragraph 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters, provided that they exercise their functions to a court where a part at least of the magistrates or members of registry are under the law on the use of languages in judicial matters, required to justify the knowledge of more than one national language;
Premium referred to in paragraph 1, 3 ° and 4 °, is only allocated to the registry and the secretariat of parquet members who are on active service and who are receiving treatment. Premium is paid at the same time that treatment. In the event of incomplete benefits, the premium is paid in proportion to the services provided. » Art. 142. article 373bis of the Code, repealed by the law of August 10, 2005, is restored in the following wording: «art.» 373bis. § 1. During the period of validity of certified training referred to in article 284, 1 °, it is allocated: 1 ° an annual skills allowance of € 2,000 to staff members paid by A11 or A12 salary scale;
2 ° an annual skills allowance of EUR 3 000 staff members paid by A21, A22 and A31-A32 salary scale;
§ 2. "The provisions relating to the conditions and modalities of payment of allowances of skills applicable to members of staff at levels B, C or D, referred to in article 177, § 2, also apply to members of staff at A level. ' s. 143. article 373ter of the Code, replaced by the law of August 10, 2005, is replaced by the following provision: «art.» 373ter. - § 1. The clerk or Secretary who manages the certified training 1 receives an annual skills allowance of € 2,000 during the period of validity of this certified training referred to in article 284, 2 °.
§ 2. The clerk or Secretary who manages the certified training 2 receives an annual skills allowance of € 2,000 during the period of validity of this certified training referred to in article 284, 2 °.
§ 3. The clerk or the Secretary who fails the certified training 2 loses the benefit of the allocation of competences.
By way of derogation from the preceding subparagraph, it receives during a period of 12

months following the closing date of the minutes certified training 2, and at the earliest on expiry of the period of validity of the previous certified training, half of the allocation of competences referred to the § 1.
§ 4. The clerk or the Secretary paid by salary BJ2 scale who manages the certified training 3 receives an annual skills allowance of € 2,000 during the period of validity of this certified training.
§
5. The clerk or the Secretary who fails the certified training 3 loses the benefit of the allocation of competences.
By way of derogation from the preceding subparagraph, it receives, for a period of twelve months following the closing date of the minutes certified training 3, and at the earliest on expiry of the period of validity of the previous certified training, half of the allocation of competences referred to the § 1.
§ 6. The clerk or Secretary who manages the certified training 4 receives an annual skills allowance of 2,000 euros for the duration of validity of this measure of skills.
§ 7. The clerk or the Secretary who fails the certified training 4 loses the benefit of the allocation of competences.
By way of derogation from the preceding subparagraph, it receives, for a period of twelve months following the closing date of the minutes certified training 4 and, at the earliest on expiry of the period of validity of the previous certified training, half of the allocation of competences referred to the § 1.
§
8. The clerk or Secretary who manages the certified training 5 receives an annual skills allowance of € 2,000 during the period of validity of this certified training.
§
9. The clerk or the Secretary who fails the certified training 5 loses the benefit of the allocation of competences.
§ 10. The provisions relating to the conditions and modalities of payment of allowances of skills applicable to members of staff at levels B, C or D, referred to in article 177, § 2, also apply to the members of staff of level B, coated of the grade of clerk or Secretary. » Art. 144 § 1. Article 374, paragraph 1, 3 °, of the same Code, replaced by the law of August 10, 2005, is replaced by the following provision: «3 ° a monthly premium of 110 euros to the members of the secretariat of parquet justifying knowledge of the second language, as provided for in article 53, § 6, paragraph 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters provided that they exercise their functions to a court where a part at least of magistrates or members file are, under the law on the use of languages in judicial matters, required to justify the knowledge of more than one national language; the premium is only allocated to members of the secretariat of parquet which are on active service and who are receiving treatment.
Premium is paid at the same time that treatment.
In the event of incomplete benefits, the premium is paid in proportion to the services provided. The regime of mobility applicable to the salaries of federal public services also applies to this premium. It is linked to pivotal 138.01 index.
§ 2. Article 374 of the Code is replaced by the following provision: «art.» 374. the regime of mobility applicable to the salaries of federal public services also applies to premiums and allowances referred to in articles 373, 373bis and 373ter.
These amounts are linked to pivotal 138.01 index.
» Art. 145. article 375 of the same Code, as amended by the laws of the August 2, 1974, February 17, 1997, August 10, 2005 and June 10, 2006, is replaced by the following provision: «art.» 375. § 1. The members of staff and members of a registry or a secretariat of Prosecutor's office called, in application of articles 330 and 330bis, to perform a function beyond during a period of one month, receive an allowance whose amount is fixed on the basis of the difference between the remuneration enjoyed by the staff member in the rank of the function carried out on an interim basis and the remuneration which he enjoys in his substantive rank.
The remuneration referred to in the preceding paragraph includes: 1 ° the treatment, including, as appropriate, supplements treatment due;
2 ° possibly the home or residence allowance.
§ 2. A registry or a secretariat of parquet members called, in application of article 328 or 329bis to fill a higher function for a period of at least three consecutive months, shall receive an allowance equal to half of that target the amount to the § 1.
§ 3. The regime of mobility applicable to staff of the federal public service salaries shall also apply to this allowance.
It is linked to pivotal 138.01 index.
The allowance is subject to the contribution for compulsory insurance against disease and disability health care sector and the special contribution for the financing of the social security system.
The allowance is not subject to withholding for the funding of the statutory pension.
§ 4. This allowance is granted under the same conditions as the allocation for the exercise of a superior function granted to members of the staff of level B, C and D referred to in article 179. » Art. 146. in the heading of chapter III of part two, book II, title III, of the same Code, the word "Iter" is deleted.
S.
147. article 380 of the same Code, as amended by the law of July 15, 1970, replaced by the law of 17 February 1997 and amended by laws of the May 20, 1997, 12 April 1999 and 10 June 2006, is repealed.
S.
148 A section 403 of the same Code, as amended by the laws of the February 17, 1997, 20 May 1997 and 10 June 2006, the following changes are made: 1 ° in paragraph 1, the words 'Deputy Registrars' and 'and the clerks Assistant' shall be deleted;
2 ° in paragraph 2, the words "Secretaries" are deleted.
S. 149. article 407 of the same Code, amended by the law of May 6, 1997 and 24 March 1999, is replaced by the following provision: «art.» 407. the members of the headquarters and members A level of the public prosecutor, the referendum about the Court of cassation and judicial personnel who are absent without authorization may, by a decision of the competent authority to decide to suspend, be deprived of their treatment during the time of their absence. » Art. 150A article 409 of the same Code, replaced by the law of 7 July 2002 and amended by the Act of 22 December 2003, the following changes are made: 1 ° the § 1, paragraph 2, is replaced by the following subparagraph: "the national disciplinary board exercises its jurisdiction respect of judges, of the Court of cassation and judicial personnel referendum."
2 ° to § 2, paragraph 1, the words "rapporteur Secretary" shall be replaced by the word 'Secretary ';
3 ° § 2, paragraphs 2 and 3, is replaced by the following: ' when she is called upon to exercise its powers with respect to a magistrate, to a referendum at the Court of cassation or judicial level staff member has, the linguistically competent national discipline Council Chamber is composed of three judges, two judges of the Crown and two external members to the judicial order among lawyers and university professors teaching law. ''
When it is called to exercise its powers of a member of the judicial personnel of level B, C in D, the linguistically competent Chamber of the national Council of discipline is composed of two judges of the seat, a magistrate of the public prosecutor, a clerk, a Secretary and two external members to the judicial order among lawyers and university professors teaching law. »;
4 ° § 8 is replaced by the following provision: "§ § 8 8 ' The Secretaries are clerks to the Court of cassation put at the disposal of the national disciplinary board by the Chief Clerk of this Court. »;
5 ° in § 10, 'rang 13' shall be replaced by the words «class A3.
S. 151. at article 410 of the Code, replaced by the law of 7 July 2002 and amended by the law of December 22, 2003 and June 10, 2006, the following changes are made: 1 ° the § 1, 5 °, is replaced by the following text: "5 ° in relation to the referendum and prosecution lawyers:-the first President of the Court of appeal with respect to the referendum closely this Court;
-the first President of the Court of labour against the referendum closely this Court;
-the president of the Court of first instance against the referendum at this Court.
-the president of the Court of the work with respect to the referendum at this Court.
-the president of the tribunal de commerce with respect to the referendum at this Court.
-the judge in the oldest police court with respect to the referendum this tribunal;
-the public prosecutor at the Court of appeal against prosecution lawyers near the general prosecutor's office and the general prosecutor's office of labour;
-the Prosecutor for prosecution lawyers near the Prosecutor's office of the Court of first instance;
-the auditor of the work with respect to prosecution lawyers about the auditor's office's work. »;
2 ° the § 1, 7 °, is replaced by the following text: "7 ° with regard to the clerks, Secretaries and staff of the registries, secretariats of parquet and support services:-the public prosecutor at the Court of cassation against the clerk in head of the Court of cassation and the Secretary in Chief near the public prosecutor at the Court of cassation;
-the

Attorney general at the Court of appeal with respect to the Chief Registrar of the Court of appeal and the Court of labour and the Chief Secretary of the public prosecutor at the Court of appeal and the Court of labour and the staff of level has about these courses, near General flooring and General audits;
-the Prosecutor of the King against the clerk in head of the Court of first instance, of the head of the Commercial Court Registrar, of the head of the police Court Registrar, Chief Clerk of the justice of peace and the Chief Secretary of the Prosecutor's office of the Prosecutor of the King and members of staff at A level near these courts and these floors;
-the auditor of the work with respect to the Chief Registrar of the tribunal of work and the Chief Secretary of the Prosecutor's office of labour and the staff of level has much these courts and the prosecution services;
-the Chief Clerk for clerks-managers, clerks, experts, administrative experts and ICT experts;
-the Chief Secretary against the service secretaries-heads, Secretaries, experts, administrative experts and ICT experts;
-federal prosecutor with respect to the Chief Secretary and the staff of level A federal prosecutor;
-Chief Secretary for Secretary head of Department, Secretaries, experts, administrative experts and ICT experts, federal prosecutors. » Art. 152A article 412 of the Code, replaced by the laws of 7 July 2002 and 10 June 2006, the following changes are made: 1 ° the § 1, paragraph 2, is replaced by the following subparagraph: ' by way of derogation from the provisions of the preceding paragraph, the competent authority for a minor sentence is:-the Attorney general at the Court of cassation against the referendum who assist advisors at the Court of cassation;
-the Attorney general at the Court of appeal against the referendum the courts;
-the Prosecutor of the King or the auditor of the work, as the case may be, against the referendum closely these courts. »;
2 ° in the § 2, 4 °, the words «the Deputy Registrars» and «Assistant Secretaries» shall be deleted;
3 ° § 2, 6 °, shall be replaced by the following text: "6 ° with respect to the judicial level staff members and clerks, including the mistakes made in the assistance that they lend to the magistrate and the Secretaries referred to in 4 °, the King for the removal and resignation from office and where appropriate the Attorney general at the Court of appeal or the federal Attorney for other major sentences.»
3 ° § 3, 7 °, is replaced by the following text: "7 ° with respect to experts, administrative experts, experts ICT, assistants and collaborators, the Minister of Justice for the revocation and the resignation of office and, as appropriate, the Attorney general at the Court of cassation, the Attorney general at the Court of appeal or the Attorney for the other major penalties. ''
S.
153. in article 413 of the Code inserted by the Act of July 7, 2002, the words "or a secretariat of parquet» are replaced by the words" a secretariat of parquet or a support service.
S.
154. at article 415 of the Code, inserted by the Act of July 7, 2002, as amended by the law of 13 June 2006, the following changes are made: 1 ° § 6, 2 °, sixth indent, is replaced by the following text: "-clerks, Secretaries and staff the grafts, the secretariats of parquet and support services. ''
2 ° § 7 is replaced by the following provision: "§ § 7 7» The Attorney general at the Court of cassation hears appeals against minor punishments, imposed:-members of the prosecutor general the courts of appeal;
-to the members of the auditor's general office the courts of labour;
-to the attorneys of the King;
-Auditors work;
-for the Federal judiciary;
-to the Crown of the King of Supplement;
-to complement labour auditor substitutes;
-to the magistrates of assistance;
-to the referendum the courts;
-for lawyers of Prosecutor's office of the general prosecutor's office about the courses and course work and the federal prosecution.
-clerks and staff of the registries of the courts of appeal and courts of labour and support services about these courses.
-Secretaries and staff of the secretariats of parquet near appellate courts, courses work, federal prosecutors and support services near these floors. »;
3 ° § 8 is replaced by the following provision: "§ § 8 8 ' The Attorney general at the Court of Appeal hears appeals against minor punishments, imposed:-members of the courts of first instance parquets;
-to the members of the auditor's office's work;
-in the courts referendum;
-in parquet lawyers near floors near the courts;
-to judicial personnel offices and support services of the courts of first instance, courts courts the courts police and the justices of the peace, trade, labour;
-to the judicial staff of the secretariats of parquet and support services near these floors. » Art. 155. in article 419, paragraph 7, of the same Code, replaced by Act July 7, 2002, the words "and the staff of the grefffes and the secretariats of parquet» are replaced by the words"and judicial personnel.
CHAPTER III. -Amendments to the Act of 15 June 1935 concerning the use of languages in judicial matters art. 156 article 53, § 5, paragraph 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters, replaced by the law of 27 April 2001, the words "or a Clerk Assistant" are deleted.
S.
157. article 54bis of the Act, replaced by the Act of April 26, 2005, is repealed.
CHAPTER IV. -Amendments to the law of April 3, 1953 of judicial organization art. 158. in the table in article 1 of the Act of April 3, 1953, of judicial organization, replaced by the law of 20 July 1998 and amended by the laws of the November 29, 2001, 11 March 2004, 14 December 2004, August 10, 2005 and December 20, 2005, the following changes are made: 1 ° the column entitled 'Clerks' is replaced by the next column : For consultation table, see image 2 ° the column entitled "Deputy Registrars" is removed.
S. 159. in table I 'Court of cassation' annexed to the act as amended by the laws of the February 25, 1954, June 25, 1964, November 10, 1970 and may 6, 1997, the following changes are made: 1 ° in the column entitled 'Clerks', the figure '6' is replaced by '11 ';
2 ° the column entitled 'Clerks-clerks' is deleted.
Chapter V. - Amendments to the law of 7 July 1969 determining the framework of personnel of the courts and courts of work article 160. in table "course of work' contained in article 1 of the Act of 7 July 1969 determining the framework of personnel of the courts and labour tribunals, replaced by the law of 28 December 1990 and amended by the law of 12 January 1993, the following changes are made: 1 ° the column entitled 'Clerks' is replaced by the next column : For consultation table, see image 2 ° the column entitled "Clerks-clerks" is removed.
S.
161. in table "Labour courts" contained in article 1 of the Act, replaced by the law of July 6, 1976 and amended by the laws of the November 13, 1979, 23 September 1985, June 23, 1989, December 28, 1990, 12 January 1993 and 27 December 2006, the following changes are made: 1 ° the column entitled 'Clerks' is replaced by the next column : For consultation table, see image 2 ° the column entitled "Deputy Registrars" is removed.
CHAPTER VI. -Amendments to the law of 15 July 1970 determining the framework of the staff of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code articles 162. in the table in article 1 of the Act of 15 July 1970 determining the framework of the staff of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code, replaced by the law of 20 July 1998, the following changes are made: 1 ° the column entitled 'Clerks' is replaced by the next column: for the consultation of the table see image 2 ° the column entitled 'Deputy Registrars' is deleted.
CHAPTER VII. -Amendments to the law of 16 July 1970 determining the framework of the staff of the police courts arts. 163 - table contained in the sole article of the law of 16 July 1970 determining the framework of the staff of the police courts, replaced by the law of 22 May 2006, the following changes are made: 1 ° the column entitled 'Clerks' is replaced by the next column: for consultation table, see image 2 ° the column entitled "Deputy Registrars" is removed.
CHAPTER VIII. -Amendments to the law of 20 July 1971 determining the framework of the staff of the justices of the peace s. 164. the table contained in the sole article of the law of 20 July 1971 determining the framework of personnel of the justices of the peace, replaced by the Act of March 25, 1999, as amended by laws of April 27, 2001 and December 20, 2005, is replaced by the following table: for consultation table, see image chapter IX. -Amendments to the law of 2 July 1975 determining the framework of personnel of the courts of first instance art. 165. in the table in article 1 of the law of 2 July 1975 determining the framework of staff at the courts of first instance, replaced by the law of 20 July 1998 and 10 June 2006, the following changes are made: 1 °

the column entitled "Registrar" is replaced by the next column: for consultation table, see image 2 ° the column entitled "Clerks Assistant" is removed.
Chapter x. - Amendment to the Act of June 10, 2006, on the reform of the career and the monetary status of the transplants and the secretariats of the parquets s. staff 166. in article 65 of the Act of June 10, 2006, on the reform of the career and the financial status of the staff of grafts and the secretariats of the parquet floors, the words «for as much as it meets at this time all the conditions of appointment mentioned above, with the exception of those relating to length of service ' are deleted.
CHAPTER XI. -Amendments to the law of 5 August 2006 amending certain provisions of the Judicial Code for the procedure by electronic arts. 167. article 10 of the law of 5 August 2006 amending certain provisions of the Judicial Code for the procedure by electronic means is replaced by the following provision: «art.» 10. an article 169bis, worded as follows, shall be inserted in the same Code: «art.» 169bis. the registers and directories are created, stored and communicated in a way that makes possible their consultation and ensures legibility. The King sets out the arrangements for this purpose after the opinion of the Management Committee and of the Committee of surveillance, respectively referred to in articles 15 and 22 of the Act of 10 August 2005 establishing the Phenix information system.
No changes can be made to the entries listed in the registers and directories, unless it is authorized by statutory or regulatory provisions. » Art. 168. article 11 of the Act is replaced by the following: «art.» 11. in article 176 of the Code replaced by Act of 17 February 1997, the following subparagraphs are inserted between paragraphs 1 and 2: 'the Chief Secretary shall ensure that the registers and directories to the secretariat are created, stored and communicated in a way that ensures legibility and makes it possible to their consultation, in cases where the law allows the consultation. The King establishes the terms after the opinion of the Management Committee and of the Committee of surveillance, respectively referred to in articles 15 and 22 of the Act of 10 August 2005 establishing the Phenix information system.
No changes can be made to the entries listed in the registers and directories unless it is authorized by statutory or regulatory provisions.
» Art. 169. in article 12 of the same Act, the proposed 315bis of the Judicial Code article is renumbered as section 315ter.
CHAPTER XII. -Transitional provisions and final Section one. -Integration in the level A chief clerks, of the Chief Secretaries, Department heads-clerks, Secretaries-heads of service, the referendum and prosecution lawyers, grades of particular qualification holders and fasteners in the service documentation and concordance of the texts to the Court of cassation article 170 § 1. People lined at the time of the entry into force of this Act, one of the grades be deleted in column 1 below, to which are attached the salaries, salary range and supplements treatment set out in column 2, are appointed ex officio in the class set out in column 3, remunerated by salary range specified in column 4 and coated indicated in column 5.

For the consultation of the array, see § 2 image. For the calculation of the age of class of the persons named in the class specified in column 3, the services provided in the grade set out in column 1 are deemed be provided in the class indicated in column 3.
Pecuniary seniority gained by these staff members shall be deemed to have been acquired in the new salary scales.
§ 3. In the case where a function would have not been the subject a weighting, referred to in article 160 of the Code of judicial procedure, the staff member is named in a class and receives salary scale y target attached to the § 1.
S. 171. without prejudice to the provisions of paragraph 2, the first attachment, the attachment-head of service and the Director of the Department of documentation and concordance of the texts to the Court of cassation retain the benefit of their scale of extinction treatment as well as their rank in a personal capacity.
Attachments in office at the time of the entry into force of this Act and having achieved 'very good' in their assessment referred to in article 287quater of the Judicial Code, can be promoted by the Minister of Justice to the successive rank of first Secretary after at least nine years of service, attachment-head of service after at least eighteen years of service and Director after at least twenty-four years of service.
Section II. -Integration in the level B s. 172 § 1. People lined at the time of the entry into force of this Act, one of the grades removed below in column 1, to which are attached the salaries, salary scale and treatment set out in column 2, supplements are appointed ex officio to the grade set out in column 3 and paid by the scale of treatment indicated in column 4.

For the consultation of the array, see § 2 image. For the calculation of seniority of rank of the members of staff appointed in the rank indicated in column 3, the services provided in the grade set out in column 1 are deemed have been provided in the grade set out in column 3.
§ 3. Pecuniary seniority gained by these staff members shall be deemed to have been acquired in the new salary scales.
§ 4. Clerks assistants, clerks Assistant Principal Assistant Secretaries, Assistant Secretaries, and principal who, in accordance with the § 1, are integrated in the scale of BJ2 treatment at the time of the entry into force of this Act, can immediately participate in the certified training 4.
§ 5.
By way of derogation from article 373ter, § 8 of the Judicial Code, these members of the staff, if they manage certified training 5 attached to the grade of clerk or Secretary, benefit from salary scale BJ3 from the first day of the month following the day of their registration in this certified training, and at the earliest on expiry of the period of validity of the previous certified training.
Section III. -Arrangements pecuniary transitional art. 173. the application of this Act can be detrimental to the salaries, salary increases and pensions of members of grafts and the secretariats of parquet or fasteners in the Service documentation and concordance of the texts to the Court of cassation in office at the time of its entry into force. If the treatment provided by this Act is less than the treatment enjoyed by the person at the time of the entry into force of the Act, it keeps the higher salary until she senses treatment at least equivalent.
S.
174. for the purposes of article 173 treatments the clerks of the courts, courts, police courts and justices of the peace, which were applicable before the entry into force of this Act, are kept in extinction as follows: Court of cassation:-Chief Clerk: 37 694,74 euros - Clerk: 27 513,62 euros - principal Deputy Clerk: 17 927,00 euro - Deputy Registrar: 17 258,24 euros course of appeal and labour courts : - Chief Clerk: 35 465,30 euros - Clerk: 25 358,51 euro - Deputy principal Clerk: 17 927,00 euros - Assistant Clerk: 17 258,24 euro courts of first instance, labour courts, commercial courts whose jurisdiction includes at least 250,000:-Chief Clerk: 33 681,72 euros - Clerk: 20 453,72 euro - Deputy principal Clerk: 17 927,00 euro - Deputy Registrar: 17 258,24 euro trial courts , labour courts, commercial courts whose jurisdiction is less than 250,000:-Chief Clerk: 29 371,48 euros - Clerk: 20 453,72 euro - Deputy principal Clerk: 17 927,00 euro - Deputy Registrar: 17 258,24 Euro police courts and justices of the peace:-Chief Clerk: 27 513,62 euros - Clerk: 20 453,72 euro - Deputy principal Clerk: 17 927,00 euro - Deputy Clerk : 17 258,24 euros article 175. for the purposes of article 173, the salaries of the Secretaries of the floors, which were applicable before the entry into force of this Act, are kept in extinction as follows: Prosecutor of the Court of cassation:-Chief Secretary: 37 694,74 euros - Secretary: 27 513,62 euros - Senior Assistant Secretary: 17 927,00 euro - Deputy Secretary: 17 258,24 euros public prosecutor of the Court of appeal , parquet of the Labour Court and federal prosecution:-Chief Secretary: 35 465,30 euros - Secretary: 25 358,51 euros - Senior Assistant Secretary: 17 927,00 euro - Deputy Secretary: 17 258,24 euros the procureur du Roi Parquet and parquet of the auditor's work the spring with at least 250,000 people:-Chief Secretary: 33 681,72 euros - Secretary: 20 453,72 euros - Senior Assistant Secretary : 17 927,00 euro - Deputy Secretary: 17 258,24 euros the procureur du Roi Parquet and parquet of the auditor's work the spring with fewer than 250,000 inhabitants:-Chief Secretary: 29 371,48 euros - Secretary: 20 453,72 euros - Senior Assistant Secretary: 17 927,00 euro Deputy Secretary: 17 258,24 euros article 176. the treatments continue to be collected in extinction

the clerks and Secretaries pursuant to articles 174 and 175 are increased as follows: for consultation table, see image arts. 177. for the purposes of article 171 treatments of fasteners in the Service documentation and concordance of the texts to the Court of cassation, which were applicable before the entry into force of this Act, are kept in extinction as follows: first Secretary: 13A - minimum salary: 27 923,80 euros - maximum processing: 42 638,83 euros - intermediate increases: eleven biennial increases in 1 337.73 euros attachment-head of service : 13 B - minimum salary: 30 715,07 euros - maximum processing: 49 443,29 euros - intermediate increases: fourteen biennial increases in 1 337.73 Director euros: 15A - minimum salary: 39 122,44 euros - maximum processing: 53 984,76 euros - intermediate increases: eleven biennial increases in 1 351,12 euros article
178. for the purposes of article 173 means treatment enjoyed by the person at the time of the entry into force of this Act, as well as supplements of treatment referred to in paragraph 2.
The following treatment supplements are maintained in extinction: 1 ° for managers-clerks and Secretaries-managers, supplements to treatment of 4 258,09 EUR, 5 105.28 euros and 5 818,70 EUR;
2 ° the chief clerks and the Chief Secretaries of the courts of first instance, the courts of labour and commercial courts whose spring account less than 250,000 inhabitants and where at the time of the entry into force of this Act at least seven members of staff are employed full time, the treatment of 2 883,32 euros supplement.
S. 179. the clerks, Principal Deputy Registrars, Secretaries and Principal Assistant Secretaries who benefit from the pay supplement of 1 001,5 euros at the time of the entry into force of this Act, allocated under sections 367ter and 373ter of the Judicial Code, as in force before that date, retain the benefit of this supplement of treatment in accordance with these provisions.
Section IV. -Other transitional provisions art. 180. the procedures for the appointment to jobs which the vacancy has been published in the Moniteur belge before the entry into force of this Act, are closed in accordance with the provisions which were in force at the time of publication.
At the time of the appointment, the staff member will be nonetheless immediately integrated in business class, the rank and salary range, in accordance with articles 170 and 172 of the Act corresponding.
S. 181. the chief clerks of the justices of peace and the police courts which, at the time of the entry into force of this Act, use at least seven members of staff full time, retain the pay supplement of 2 883,32 euros personally provided that they are paid by salary A23 or A22 scale.
S. 182. for the purposes of article 375 of the Code of judicial procedure, provided treatment to articles 174 and 175 apply against members of staff who, at the time of the entry into force of this Act, a superior function of Deputy Registrar or Deputy Secretary had been allocated. This provision applies for the duration of the mission awarded prior to the entry into force of this Act.
S. 183. the staff members covered for ten years to a former rank of Deputy Registrar, Deputy Secretary, principal Assistant Registrar or Senior Assistant Secretary, or a new grade of clerk or Secretary, shall be exempt from obtaining the Patents referred to in article 262, § 2, paragraph 3, 2 °, of the Judicial Code, as amended by this Act, during a term of ten years following the date of entry into force of this Act.
S. 184. the holders of the certificate of clerk candidate and candidate Secretary issued on the basis of an organized review before or being organized at the time of the entry into force of this Act, shall be exempt from the selection referred to in articles 264-267 of the Judicial Code as amended by this Act. The King chooses among candidates in a vacant place Laureate it considers to be most suitable for the function to practice, after the Organization of a supplementary test under the supervision of Selor.
Section V.
-Entry into force art. 185. the King fixed the date of entry into force of each of the provisions of this Act, no later than 18 months after its publication in the Moniteur belge, except: 1 ° of articles 135, § 1, 144, § 1, 150, 2 ° and 4 °, 166 and 185;
2 ° of articles 39, 1 ° to 5 °, and 138, § 1, which come into force on December 1, 2006.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 25, 2007.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Note (1) Parliamentary References: Senate.
Documents: 3 - 2009 - 2006/2007: No. 1: Bill.
No. 2: Notice of the Higher Council of Justice.
Nos. 3 and 4: amendments.
No. 4: The text amended by the commission.
No. 5: report.
No. 6: Text amended by the commission.
No. 7: Amendments tabled after the approval of the report.
No. 8: Supplementary report.
No. 9: The text amended by the commission.
Annals of the Senate: February 15, 2007 House of representatives.
Documents: Doc 51 2922 / (2006/2007) 001: draft transmitted by the Senate.
002: Report.
003: Text adopted in plenary meeting and submitted to Royal assent.
Full report: March 29, 2007

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