belgiquelex.be - Carrefour Bank of Legislation 31 JANVIER 2007. - Judicial Training Act and Establishment of the Judicial Training Institute (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I
er. - General provision
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Application field
Art. 2. This Act applies to:
1st Professional Judicial Officers;
2° substitute magistrates, judges and social advisers, consular judges and assessors in accordance with penalties;
3° judicial interns;
4° Referendum;
5° prosecutors;
6° attached to the documentation and documentation service
consistency of texts with the Court of Cassation;
7° members of transplants;
8° members of prosecutor ' s secretariats;
9° members of the staff of the offices and the prosecutor ' s offices;
10° personnel wearing a special qualification grade created by the King in accordance with Article 180, paragraph 1
erThe Judicial Code.
CHAPTER III. - Judicial training
Art. 3. Judicial training means:
1° the initial training, that which is provided during the internship and from the start of service;
2° Continuing training, which is provided during the career, to develop professional capacities;
3° the support of the career, the training provided to prepare for a future function or mandate.
Art. 4. A magistrate referred to in Article 2, 1°, has the right to participate in the permanent training courses offered by the Judicial Training Institute for five working days per judicial year.
The head of body, referred to in article 58bis, 2°, of the Judicial Code, determines, in consultation with the magistrate, the choice among the offers of permanent training.
Art. 5. Each training is evaluated by the Institute.
Art. 6. The King determines the rights and obligations relating to initial training, permanent training and career support as well as the procedures for the execution of training for persons referred to in Article 2, 4° to 10°.
CHAPTER IV. - From the institute and its organs
Section 1
re. - General
Art. 7. It is created a Judicial Training Institute, referred to as the Institute. He enjoys legal personality.
The Institute is responsible for the judicial training of persons referred to in Article 2.
Section 2. - Missions
Art. 8. § 1
er. The Institute sets out the training programs referred to in section 3 and ensures that they are carried out and evaluated.
The programs are in accordance with the guidelines prepared by the Appointment and Designation Commission, which are brought together and ratified by the General Assembly of the Supreme Council of Justice when they relate to persons referred to in section 2, 1 to 3°, or by the Minister of Justice when they relate to persons referred to in section 2, 4°, at 10°.
§ 2. The Institute is competent for national and international cooperation in judicial training and the exchange of professional experience.
Section 3. - Organs
Art. 9. The Institute's bodies are: the Board of Directors, the Directorate and the Scientific Committee.
Sub-section 1
re. - The Board of Directors
Art. 10. The Board of Directors is responsible for:
1° to approve the annual action plan proposed by management taking into account the directives referred to in Article 8;
2° to control the execution by the management of the Institute's missions;
3° to approve the budget and staffing plan proposed by management;
4° to exercise competence in the field of assessment and discipline vis-à-vis management members, in accordance with section 23 and the rules determined in its rules of procedure.
Art. 11. § 1
er. The board of directors is composed of twelve members, also divided between the French-speaking and Dutch-speaking linguistic roles.
Members of the Institute's Board of Directors shall be:
1st the chairpersons of the appointing and appointing committees of the Appointment and Designation Commission of the Superior Council of Justice;
2° the Director General of the General Directorate of the Judicial Organization of the Federal Public Service Justice or its representative of the same linguistic role;
3° the Director General of the Federal Administration Training Institute or, if the latter is of the same linguistic role as the member referred to in 2°, his representative of the other linguistic role;
The King appointed on the proposal of the Minister of Justice:
1° two magistrates of the headquarters and two magistrates of the Public Prosecutor ' s Office, presented by the Supreme Council of Justice;
2° four persons from those referred to in Article 2, 4° to 10.
The term of office referred to in paragraph 3 is five years; They're renewable.
§ 2. The board of directors chooses a president within it. He establishes his rules of procedure.
§ 3. The King determines the presence token that may be allocated to the members of the board of directors referred to in § 1
er, paragraph 3, as well as allowances that may be allocated to them for reimbursement of travel and residence expenses.
The presence token and allowances are borne by the Institute.
Sub-section 2. - Direction
Art. 12. Management is responsible for the daily management of the Institute.
It is composed of a Director of Judicial Training, assisted by two Deputy Directors and is administered collegially.
Management consists of two divisions: one carries out the Institute's duties in respect of persons referred to in section 2, 1 to 3°, the other in respect of persons referred to in section 2, 4° to 10°.
Each division has one of the deputy directors.
Art. 13. Management is responsible for:
1° of the execution of the duties referred to in Article 8;
2° the preparation of the annual budget and action plan;
3° of the Institute's budget and other financial resources expenditures;
4° of the conclusion of public procurement;
5° of all aspects of staff management, including selection, engagement, resignation, evaluation and discipline;
6° of the conclusion of contracts and protocols of mutual agreement with institutions, organizations or associations that have vocational training as objective, including:
(a) the Federal Administration Training Institute;
(b) the Flemish Community, the French Community and the German-speaking Community;
(c) International organizations with vocational training for purposes;
7° of the conclusion of cooperation protocols with the Federal Public Service Justice with respect to the services that this service can provide to the Institute;
8° representation of the Institute in judicial proceedings as defendants and in extrajudicial acts; for judicial proceedings as an applicant, management must request the agreement of the board of directors.
Art. 14. Management shall report every two months on the finances and activities to the Government Commissioners referred to in section 40.
Art. 15. The members of management are appointed by the King, by a deliberate order in the Council of Ministers, on the proposal of the Minister of Justice and on the advice of the Appointment and Designation Commission of the Superior Council of Justice, for a renewable term of six years.
Their competency profile is drafted by the Minister of Justice, on the advice of the Supreme Council of Justice.
Nominations are addressed to the Chair of the Federal Justice Public Service Steering Committee within 30 days of the publication of vacancies to the Belgian Monitor, under penalty of inadmissibility; The latter shall transmit them for advice to the Supreme Council of Justice.
Art. 16. The members of the management function on a full-time basis.
During their tenure, they may not be members of the Supreme Council of Justice and may not engage in any other professional activity.
The board of directors may accept derogations from this prohibition provided that they do not prevent management members from performing their duties properly.
Members of management must have a university degree from the master's level.
Art. 17. No later than six months after their appointment, under penalty of termination of their term of office, the members of the management must justify before a review board established by the SELOR Delegate Administrator - the Federal Administration Selection Office - the knowledge of the other national language than that in which they have undergone the examinations of their university degree. This language examination includes a passive written knowledge test of the other language and a passive and active oral knowledge test of the other language.
The conditions and program of the review referred to in paragraph 1
er and the composition of the review board referred to in paragraph 1
er shall be determined by a royal decree deliberated in the Council of Ministers.
Are exempted from the examination referred to in paragraph 1
er the winners of the examination referred to in Article 43quinquies, § 1
erparagraph 3, 43quinquies, § 1
er, paragraph 4, or 66 of the Act of 15 June 1935 concerning the use of languages in judicial matters or the examination referred to in Article 15, § 1
erparagraphs 3 and 4, 15, paragraph 2, 5, 21, § 1
erparagraphs 3, 27, paragraphs 2 and 3, 38, § 1
er§ 2, § 2, § 4, § 5, 43, § 3, paragraph 3, § 4, paragraph 1
er, 3 and 4, 43ter, § 7, paragraph 1
er, 43ter, § 7, 5, 44, 46, § 1
er, 46, § 4, or 46, § 5, of the laws relating to the use of languages in administrative matters, coordinated on 18 July 1966, provided that this examination applies to the exercise of functions classified in level 1/A of State staff or to the exercise of functions assimilated from services not belonging to State administrations.
Art. 18. Deputy directors belong to a different linguistic role.
Art. 19. The deputy director, at the head of the "judges" division, is a judicial magistrate.
Art. 20. For the duration of their term of office, unless otherwise provided in this Act, the status of judicial personnel shall be applicable to management.
For the application of the status of judicial personnel, management members are level A.
Art. 21. Sections 323bis, 327bis, 330, 330bis and 330ter of the Judicial Code are applied respectively to the member of the management who, at the time of his appointment, is appointed definitively, either as a judge of the seat or the public ministry, or as an officer of the judicial organization.
The member of the management who, at the time of his or her appointment to office, is permanently appointed to a public service referred to in section 1
er§ 1
erof the Act of 22 June 1993 on certain measures relating to public service or to section 1
er of the Royal Decree of 18 October 2001 on the mobility of the staff of certain public services, shall be granted leave of office for a mission of general interest for the duration of the term in accordance with Article 102, § 2, of the Royal Decree of 19 November 1998 on leave and absences granted to the staff of the State administrations. Its employment can be declared vacant after two years and can only be filled in in the meantime by contracting or by means of higher functions.
When the member of the management, at the time of his or her appointment, is in a contractual relationship with the State or any public legal entity under the State, his or her employer proposes a suspension of his or her contract for the duration of his or her term.
However, during this period, it keeps its securities in progress on its scale of treatment.
Art. 22. The Director and Deputy Directors are entitled, respectively, to the same treatment as the First Attorney General at the Court of Cassation and the Attorney General at the Court of Appeal, as well as the increases and benefits attached to the Court of Appeal.
Art. 23. § 1
er. Management members are, during their term of office, assessed twice. The first cycle has a duration of three years and closes with an intermediate evaluation. The second cycle ends six months before the expiry of the mandate and ends with a final assessment.
The evaluation of a senior management member is conducted by a first and second evaluator, who are of the same linguistic role as the member of management. For this purpose, the Board of Directors designates two of its members.
§ 2. During each evaluation cycle, operational interviews will take place, at the initiative of the management member or one of the reviewers, when they are required.
The operating interviews relate to the operation of the steering member and any modifications to be made.
§ 3. At the end of each evaluation cycle, the first reviewer invites the management member to an evaluation interview.
The second evaluator may participate in this interview.
In all cases, there is a consultation between the reviewers prior to the evaluation interview.
After the evaluation interview, the first reviewer prepares a draft descriptive evaluation report and makes, where appropriate, a reference proposal. He works with the second reviewer who can make his remarks. Then he writes the descriptive evaluation report.
The evaluation report is co-signed by the second evaluator and is communicated, with acknowledgement of receipt, to the evaluated within twenty business days of the evaluation interview.
During the intermediate evaluation, no final mention is found in the descriptive evaluation report, except when the first reviewer considers that the management member deserves the "sufficient" indication.
The final assessment is closed by the "sufficient", "sufficient" or "very good".
The intermediate evaluations and the final evaluation of the management member are finalized with the "insufficient" indication if it appears from the evaluation that the management member operates below the expected level.
§ 4. The Board of Directors shall prepare in its rules of procedure terms and conditions for the application of this provision.
Art. 24. If the assessment referred to in section 23, leads to the "insufficient" statement, after an intermediate assessment, the King may terminate the warrant prematurely.
A member of the management, excluding that referred to in section 21, paragraphs 1
er and 2, whose term of office is terminated prematurely due to a "sufficient" statement, receives a severance allowance according to the rules set by the King.
Without prejudice to paragraph 1
er, the King may, on the proposal of the board of directors, put an end to the mandate of a member of the management because of serious breaches that permanently prevent professional collaboration between the member of the management and the Institute.
If the management member requests to terminate his or her mandate, and if the board of directors agrees, a six-month notice is required. This period may be shortened in case of mutual agreement.
Art. 25. A member of management, excluding that referred to in section 21, paragraphs 1
er and 2, which received a "very good" or "sufficient" final statement whose terms are not renewed, shall receive a reintegration allowance according to the rules laid down by the King.
Subsection 3. - The scientific committee
Art. 26. The scientific committee's mission is to render opinions or recommend actions, upon request from the management and the board of directors or initiative, including:
1st policy of training judges, judicial trainees and persons referred to in article 2, 4° to 10°;
2° training programmes;
3° organization of training;
4th teaching methods.
As part of this mission, the scientific committee assesses the training evaluation reports. It reports to management and the board of directors and advises them.
Art. 27. The scientific committee is composed of seventeen members, also divided between the French-speaking and Dutch-speaking linguistic roles.
÷ the Director's exception, members are appointed by the Minister of Justice for a four-year term, as follows:
1° two magistrates of the seat presented by the Appointment and Designation Commission of the Superior Council of Justice;
2° two officers of the Public Prosecutor ' s Office, presented by the Appointment and Designation Commission of the Superior Council of Justice;
3° four persons among those referred to in Article 2, 4° to 10°;
4° two lawyers, one presented by the Order of French-speaking and German-speaking Bars and the other by the Orde van Vlaamse balies;
5° four members of the Academic Community, two of whom were presented by the Vlaamse Interuniversitaire Raad and two by the Interuniversity Council of the French Community of Belgium;
6° two members of the Federal Administration Training Institute.
It is chaired by the Director of Judicial Training.
The King determines the presence token that may be allocated to members of the scientific committee, with the exception of the director, as well as the allowances that may be allocated to them in refund of their travel and residence expenses.
The presence token and allowances are borne by the Institute.
Section 4. - Experts and administrative personnel
Art. 28. Staff are subject to an annual staff plan, established by management and approved by the Board of Directors.
Recruitment respects linguistic parity.
Art. 29. Unless otherwise decided by the Board of Directors, required by the proper functioning of its services and set out in a regulation approved by Royal Decree, the staff appointed on a final basis, recruited by the Institute, shall be subject to the legal and statutory rules applicable to staff of the judicial organization appointed on a final basis.
Art. 30. Judges of the headquarters and the Public Prosecutor's Office may receive a delegation within the Institute in accordance with articles 323bis and 327bis of the Judicial Code.
Art. 31. The staff of the judicial organization may, by agreement and at the request of the Institute addressed to the Minister of Justice, receive a delegation within the Institute in accordance with sections 327bis, 330, 330bis and 330ter of the Judicial Code.
Art. 32. § 1
er. A staff member appointed on a final basis from a federal public service, a federal public programming service or the Supreme Council of Justice may, upon agreement and at the request of the Institute, as the case may be, be made available to the Institute to the Minister of Justice or to the Superior Council of Justice.
§ 2. During the period of this disposition, the officer is on leave. Leave is not paid. However, this period is similar to a period of service activity during which it maintains its rights to promotion and baremic advancement.
Art. 33. The delegation or the provision referred to in articles 31 and 32 may be terminated:
1° at the request of management after prior hearing of the staff member or agent;
2° at the request of the staff member or agent concerned with the consideration of a one-month notice period;
3° on the decision of the authority to which the staff member or agent is responsible, taking into consideration a one-month notice period.
Art. 34. Staff members referred to in articles 31 and 32 shall be subject to:
1° to the management authority;
2° to assessment regulations, disciplinary regimes, leave regulations and regulations relating to working hours, applicable to personnel referred to in section 29.
Art. 35. The staff plan may provide for the possibility of hiring staff under the employment contract.
Art. 36. The treatment of staff recruited by the Institute and of staff seconded or made available is borne by the Institute's budget.
Art. 37. Without prejudice to the provisions of this Act, each staff member, in charge of a delegation or made available, maintains its own status.
However, in the event that the status of staff referred to in sections 31 and 32 provides, on an equivalent mission, higher remuneration or special benefits, a salary surcharge at the same level and these benefits are allocated to them from the Institute's budget.
CHAPTER V. - Financing and financial control
Art. 38. The Institute has budgetary resources provided by funds in the federal Public Service's administrative budget.
These credits are for the fiscal year following the year in which this section comes into force at least 0.9 per cent of the annual salary mass of staff referred to in section 2 for the year in question.
By payroll, the overall budgetary burden to be borne by the administrative budget of the Federal Public Service Justice, which includes employer charges, family allowances, vacation pay, end-of-year allowance and home or residence allowance.
The percentage referred to in paragraph 2 is increased annually by 0.25% in the following four fiscal years to reach the threshold of 1.9%.
Art. 39. The Institute may receive remuneration for the services it undertakes; These resources are recorded with other non-budgetary resources.
The Institute maintains a separate accounting of the use of budgetary and other financial resources, including grants.
Art. 40. § 1
er. The Institute is placed under the financial control of the Minister of Justice and the Minister of Budget.
This control is exercised through two government commissioners appointed by the King, one on the proposal of the Minister of Justice, the other on the proposal of the Minister of Budget.
The King rules the remuneration of government commissioners. These remuneration are borne by the Institute.
§ 2. Government Commissioners may attend meetings of the Board of Directors with an advisory voice.
§ 3. Any Commissioner of the Government shall have a period of four free days to appeal against any decision of the board of directors or management with a financial scope that it considers to be contrary to the law, the statutes or the general interest. The appeal is suspensive.
This period runs from the day of the meeting to which the decision was made, provided that the Commissioner of the Government was regularly convened and, if not, from the day on which he was informed.
These Commissioners appeal to the Minister who has presented them.
§ 4. If within a period of twenty free days commencing on the same day as the period referred to in § 3, the Minister applying the appeal did not, after taking the opinion of the other interested minister, pronounce the cancellation, the decision becomes final.
§ 5. By a decision of the Minister notified to the Board of Directors, the time limit set out in subsection 4 may be increased by ten days.
§ 6. The cancellation of the decision is notified to the board of directors by the minister who pronounced it.
Art. 41. The Chair of the Board of Directors presents an annual activity report to the Minister of Justice, the House, the Senate and the Superior Council of Justice.
CHAPTER VI. - Committees
evaluation of the judicial internship
Art. 42. A commission for the evaluation of the French-speaking judicial internship and a commission for the evaluation of the Dutch-speaking judicial internship are established within the Institute.
They are competent to:
1° to establish the programme of the courses referred to in Article 259octies, § 2, paragraph 1
er2nd indent and § 3, paragraph 2, 2nd indent of the Judicial Code;
2° to follow up the trainee;
3° to receive the internship reports referred to in Article 259octies of the Judicial Code;
4° to render to the Minister of Justice, where one or more internship reports are unfavourable, a notice that may include a proposal for a change of assignment of the trainee or a proposal for an early termination of the internship;
5° in the month following the receipt of all internship reports, the final evaluation of the internship and the final report on the internship;
6° to ensure, where appropriate, through recommendations addressed to trainees, the harmonization of the contents of the trainee's practical training and its adequacy with the needs of the position.
Art. 43. They are composed each:
- a judge of the Public Prosecutor's Office not a member of the Supreme Council of Justice;
- a judge of the seat not a member of the Supreme Council of Justice;
- the deputy director of the Training Institute, competent for the division of magistrates of the judiciary and judicial interns, or his representative;
- two experts in teaching or pedagogy or in psychology of work not members of the Supreme Council of Justice.
Apart from the deputy director of the Training Institute, competent for the division of magistrates of the judiciary and judicial trainees, or his representative, the members of the Judicial Training Evaluation Boards are appointed for a renewable four-year period. For each of these effective members, there is an alternate designated according to the same procedure.
Apart from the deputy director of the Training Institute, competent for the division of magistrates of the judicial order and the judicial interns, the actual and alternate members of the evaluation boards of the internship are appointed by the Appointment and Designation Commission of the Supreme Council of Justice among the candidates who responded to the appeal to the candidates published to the Belgian Monitor.
The actual and alternate members of the evaluation boards of the internship cannot render a notice when the intern is a spouse, a legal or de facto cohabitant, a parent or allied to the 4th degree included.
Each commission designates a president.
Apart from the deputy director of the Training Institute, competent for the division of magistrates of the judicial order and the judicial interns, and his representative, the members of the evaluation boards of the internship are entitled to a token of presence, the amount of which is fixed in accordance with Article 259bis-21, § 2, of the Judiciary Code.
Members of the internship assessment boards are entitled to travel and residence allowances in accordance with the provisions applicable to federal public service personnel. They are similar to class A3.
Attendance tokens and allowances are dependent on the Institute's budget.
The assessment board secretariat is provided by the Institute staff.
CHAPTER VII. - Amendments to the Judicial Code
Art. 44. ÷ article 259bis-9, § 2, of the Judicial Code, replaced by the law of 22 December 1998 and amended by the laws of 15 June 2001, 3 May 2003 are made the following amendments:
1° § 2 is repealed;
2° in § 3, the words "as well as the directives and programmes referred to in § 2" are deleted;
3° it is inserted a § 4, written as follows:
“§4. Judges appointed on the basis of the professional fitness examination or the oral assessment examination shall receive a theoretical and practical training course during the year following their appointment, the content and duration of which shall be established by the Judicial Training Institute. »
Art. 45. In article 259ter, § 2, paragraph 4, (d) the words "reports relating to judicial training" are replaced by the words "the final report of the judicial internship established by the competent assessment board".
Art. 46. Article 259sexies, § 1
erthe same Code, as amended by the Acts of 22 December 1998 and 3 May 2003, are amended as follows:
(a) 1°, paragraph 3, shall be replaced by the following paragraphs:
"In order to be able to serve as an investigating judge, a judge of the seizures or a judge of the youth, a specialized training is required, organized by the Judicial Training Institute.
In addition, in order to be able to serve as an investigating judge, a judge must be held in court of first instance for at least one year. » ;
(b) the 2° is supplemented by the following paragraph:
"In order to be able to exercise the function of youth appeal judges, a specialized training course is required, organized by the Judicial Training Institute. » ;
(c) in the 3rd, the following paragraph shall be inserted between paragraphs 2 and 3, the following paragraph:
"In order to be able to serve as a youth liaison magistrate, a judge of assistance or a federal magistrate, specialised training has been conducted by the Judicial Training Institute. »
Art. 47. ÷ section 259octies of the same Code, inserted by the Act of 22 December 1998 and amended by the Acts of 24 March 1999, 15 June 2001, 21 June 2001, 10 April 2003, 3 May 2003 and 22 December 2003, are amended as follows:
1° in § 2, paragraph 1
erthe words "by the Minister of Justice in accordance with section 259bis-9" are replaced by the words "by the Judicial Training Institute";
2° in § 2, the following paragraph shall be inserted between paragraphs 3 and 4:
"The internship masters are required to attend during the year following their designation a specialized training organized annually by the Judicial Training Institute. » ;
3° in § 2, paragraph 4, the words "to the Minister of Justice and the competent appointing and appointing committee" are replaced by the words "to the competent assessment board";
4° § 2, paragraph 5, is replaced by the following paragraph:
"Before the end of the 32nd month of the training, the second internship master shall promptly submit a detailed report on the third stage of the training to the president of the court, who shall forthwith transmit a copy of this report to the competent assessment board. If necessary, the second internship master shall submit, in the same way, a supplementary report on the last four months of probation. »;
5° § 2 is supplemented by the following paragraph:
"Before the end of the 33rd month, the competent assessment board shall forward the final report to the Minister of Justice and shall forward a copy thereof to the appropriate president and the first president. » ;
6° in § 3, paragraph 2, the words "by the Minister of Justice in accordance with Article 259bis-9" are replaced by the words "by the Judicial Training Institute";
7° in § 3, the following paragraph is inserted between paragraphs 4 and 5:
"The internship masters are required to attend during the year following their designation a specialized training organized annually by the Judicial Training Institute. »;
8° to § 3, paragraph 5 is replaced by the following paragraph:
"The head of the body shall appoint to each prosecutor two magistrates of the Public Prosecutor's Office who shall serve as a probation officer. Members of the Federal Public Prosecutor ' s Office may not be appointed to the position of probation officer. Before the end of the 14th month of the training, the internship master shall promptly submit a detailed report on the first and second stage of the training to the head of body, which shall forthwith transmit a copy of this report to the competent assessment board. If necessary, the internshipmaster shall submit, in the same way, a supplementary report on the last four months of probation. »;
9° § 3 is supplemented by the following paragraph:
"Before the end of the 15th month, the competent assessment board shall forward a final report to the Minister of Justice, and shall forward a copy thereof to the appropriate head of body and to the Attorney General. »;
10° § 4 is amended as follows:
1° to paragraph 1
er are inserted the words "to the competent assessment board and" between the words in turn communicate" and "the words "to the Minister of Justice";
2° § 4 is supplemented by the following paragraph:
"Before the end of the 11th month of the internship, the trainee submits a reasoned proposal for the external internship to the approval of the competent commission for the evaluation of the internship. »;
11° § 5 is replaced by the following provision:
“§ 5. The trainee referred to in § 2 and the trainee referred to in § 3 shall receive a copy of the internship reports. If the information contained in one or more reports is unfavourable, the assessment board shall render an opinion after hearing the individual. The completion of this formality is mentioned in the report to the Minister of Justice. »;
12° in § 6, paragraph 1
er, the words "name commission" are replaced by the words "assessment commission";
13° in § 6, last paragraph, of the Dutch text, the words "rechter vervangen" are replaced by the words "plaatsvervanging waarnemen";
14° § 8 is replaced by the following provision:
Ҥ 8. The judicial interns perceive:
1° compensation paid for term expired, calculated in the salary scale A 11 which is granted to State officials;
2° the interlayer increases provided for in the said scale;
3° the additional salary allowances, allowances and remuneration awarded to federal public service personnel, to the same extent and to the same conditions as those imposed on them.
During the appointment to the internship, the treatment is fixed taking into account only one year of the required experience, in accordance with § 1
er, paragraph 3, as a condition of participation in the admission examination.
The mobility regime applicable to staff salaries also applies to the employee's remuneration. It is attached to the pevot index 138,01.
All legislation concerning the social security of employed workers, except that relating to annual holidays, is applicable to the judicial trainee. »
Art. 48. Sections 42,43, 44 and 47 apply to current judicial courses with the exception of those who end within four months of the entry into force of these sections.
The competent internship manager immediately sends the internship reports to the competent assessment board.
Art. 49. Section 354, paragraph 2 of the same Code, inserted by the Act of 22 December 1998, is repealed.
CHAPTER VIII. - Transitional provision
Art. 50. The King shall determine the date of entry into force of each of the provisions of this Act and no later than one year after publication to the Belgian Monitor, except this section.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 31 January 2007.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) 2006-2007 session.
Senate:
Parliamentary documents. - No. 1: Bill. - No. 2: Opinion of the Superior Council of Justice. - No. 3: Amendments. - Number four: Report. - No. 5: Text amended by the commission.
Annales of the Senate: December 21, 2006.
House of Representatives:
Parliamentary documents. - 001: Project transmitted by the Senate. - 002: Amendments. - 003: Report.
Full report: 25 January 2007.