Training Judicial And Amending Act Creation Of The Judicial Training Institute (1)

Original Language Title: Loi sur la formation judiciaire et portant création de l'Institut de formation judiciaire (1)

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Posted the: 2007-02-02 Numac: 2007009117 FEDERAL JUSTICE PUBLIC SERVICE January 31, 2007. -Law on judicial training and setting up of the Institute of judicial training (1) ALBERT II, King of the Belgians, to all, present and to come, 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. -Field of application art. 2. this Act applies to the: 1 ° magistrates professionals of the judiciary;
2 ° alternate magistrates, judges and social advisors, lay judges and assessors in enforcement of sentences;
3 judicial trainees °;
4 ° referendum;
5 ° jurists of parquet;
6 ° attached to the service documentation and concordance of the texts to the Court of cassation;
7 ° members of grafts;
8 ° members of the secretariats of parquet;
9 ° staff of grafts and the secretariats of parquet;
10 ° staff members bear a particular qualification grade created by the King in accordance with article 180, paragraph 1, of the Judicial Code.
CHAPTER III. -Of judicial training art. 3. judicial training means: 1 ° the initial training, either one that is provided during the course and upon entry into service;
2 ° the permanent training, either one that is provided during the career, to develop professional skills;
3 ° the accompaniment of career, or training to prepare for a function or a future mandate.
S. 4. a magistrate referred to in article 2, 1 °, has the right to participate in the permanent training offered by the Institute of judicial training for five working days by 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 permanent training offerings.
S.
5. each training undergone an evaluation by the Institute.
S. 6. the King determines the rights and obligations relating to initial training, continuing education and support of career and the implementing of the trainings for the persons referred in article 2, 4 ° to 10 °.
CHAPTER IV. -Of the Institute and its bodies Section 1st.
-General art. 7. a training Court, hereinafter referred to as the Institute is established.
It enjoys legal personality.
The Institute is responsible for judicial training of the persons referred to in article 2.
Section 2. -Missions art. 8 § 1.
The Institute establishes training referred to in article 3 programmes and ensures the implementation and evaluation.
The programs are consistent with the guidelines prepared by the Commission appointment and appointment met and ratified by the General Assembly of the Supreme Council of Justice when they relate to persons referred to in article 2, 1 ° to 3 °, or by the Minister of Justice when they relate to persons referred to in article 2, 4 ° to 10 °.
§ 2. The Institute is responsible for national and international cooperation in judicial training and exchange of professional experience.
Section 3. -Bodies art. 9. the bodies of the Institute are: the Board of Directors, management and the Scientific Committee.
Sub-section 1.
-The Board of Directors art. 10. the governing body is to: 1 ° to approve the annual action plan proposed by the direction taking into account the guidelines referred to in article 8;
2 ° monitoring the implementation by the management of the missions of the Institute;
3 ° to approve the budget and personnel plan proposed by management;
4 ° to exercise the competence assessment and discipline towards members of branch, in accordance with article 23 and to the rules determined in its rules of procedure.
S. 11 § 1.
The Board of Directors is composed of twelve members, evenly divided between French-speaking and Dutch-language roles.
Members of the Board of Directors of the Institute are: 1 ° the presidents of the commissions of appointment and appointment of the Commission appointment and meeting designation of the Higher Council of Justice;
2 ° the Director-general of the Directorate-General of the judicial organization of the federal public Service Justice or his representative of the same linguistic role;
3 ° the Director-general of the Training Institute of the Federal Government or, if the latter is the same linguistic role that the Member referred to the 2 °, its representative of the other linguistic role;
Are appointed by the King on the proposal of the Minister of Justice: 1 ° two judges and two magistrates of the public Ministry, presented by the Supreme Council of Justice;
2 ° four people among those referred to in article 2, 4 ° to 10.
The duration of the mandates referred to in section 3 is five years; they are renewable.
§ 2. The Board of Directors chooses a president in his breast. It shall establish its rules of procedure.
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3. The King determines the presence token that can be allocated to the members of the Board of Directors, referred to the § 1, paragraph 3, as well as allowances that can them be allocated for reimbursement of their travel and subsistence expenses.
The token presence and allowances are dependant of the Institute.
Sub-section 2. -Management art. 12. the Directorate is responsible for the daily management of the Institute.
It is composed of a Director of training judicial, assisted by two Deputy Directors and is administered collectively.
The branch is comprised of two divisions: one performs the duties of the Institute with respect to the persons referred to in article 2, 1 ° to 3 °, the other against the persons referred to in article 2, 4 ° to 10 °.
Each division is headed by a Deputy Director.
S. 13. the Directorate is responsible including: 1 ° for the execution of the tasks referred to in article 8;
2 ° of the preparation of the budget and the annual action plan;
3 ° of the expenses of the budget and other financial resources of the Institute;
4 ° the conclusion of public contracts;
5 ° of all aspects of the management of staff, including the selection, the commitment, the resignation, evaluation and discipline;
6 ° the conclusion of contracts and memoranda of understanding mutual with institutions, organizations or associations who have vocational aims, including: has) the Institute of training of the federal administration;
b) the Flemish community, the French community and the German-speaking community;
c) international organizations who have vocational training for objective;
7 ° the conclusion of protocols of cooperation with the federal public Service Justice in what concerns the services that this service can provide to the Institute;
8 ° of the representation of the Institute in legal proceedings as defendant and extrajudicial acts;
for the litigation as a plaintiff, management must seek the agreement of the Board of Directors.
S. 14. branch communicates every two months a report on finances and activities to the Commissioners of the Government, referred to in article 40.
S. 15. the members of the Directorate are appointed by the King, by a decree deliberated in the Council of Ministers, on the proposal of the Minister of Justice, and on the advice of the Commission appointment and meeting appointment of the High Council of Justice, for a renewable term of six years.
Their competency profile is written by the Minister of Justice, on the advice of the Superior Council of Justice.
Applications are addressed to the president of the Committee of management of the Service public federal Justice within 30 days of the publication of vacancies in the Moniteur belge, under penalty of inadmissibility. It transmits for opinion to the Higher Council of Justice.
S. 16. the members of the management perform their duties full-time.
During their tenure, they may not be members of the High Council of Justice and cannot engage in any other professional activity.
The Board of Directors may accept derogations from this prohibition on condition that they do not prevent members of the Directorate complete their mission.
The members of the management must hold a master's level degree.
S. 17. no later than six months after their designation, under penalty of termination of their mandate, the members of the management must justify before a Board of review established by the Managing Director of SELOR - the Bureau's selection of the Federal Administration - knowledge of the national language other than that in which they suffered their degree examinations. This linguistic examination includes a relating to passive written knowledge of the other language and a passive the oral knowledge test and active of the other language.
The conditions and the program of the review referred to in paragraph 1 as well as the composition of the review panel referred to in paragraph 1 are fixed by royal decree deliberated in the Council of Ministers.
Are exempted from the examination referred to in paragraph 1 the winners of the review referred to in rule 43quinquies, § 1, paragraph 3, 43quinquies, § 1, 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, paragraphs 3 and 4, 15, § 2, paragraph 5, 21, § 1, paragraph 3, 27, paragraphs 2 and 3 38, § 1, paragraph 2, § 2, § 4, § 5, 43, § 3, paragraph 3, 43, § 4, paragraphs 1, 3 and 4, 43ter, § 7, paragraph 1, 43ter, § 7, paragraph 5, 44, 46, § 1, 46,.

§ 4, or 46, § 5, laws on the use of languages in administrative matters, coordinated on 18 July 1966, insofar as this review applies to the exercise of functions classified in the staff of the State 1a level or similar duties services not belonging to the State administrations.
S. 18. the Assistant Directors belong to a different linguistic role.
S. 19. the Deputy Director, head of division 'magistrates', is a magistrate of the judiciary.
S. 20. during the term of their office, unless otherwise provided in this Act, the status of judicial personnel is applicable to members of the management.
For the purposes of the judicial staff, the members of the Executive are level A. S.
21. articles 323bis, 327bis, 330, 330bis and 330ter of the Judicial Code are respectively implementing the Member branch which, at the time of its entry into service, is appointed permanently, either as judge or of the Crown, or as an agent of the judiciary.
The Member of the Executive who, at the time of its entry into service, is appointed permanently in a public service, referred to in article 1, § 1, of the law of 22 June 1993 concerning certain measures in public service or in article 1 of the royal decree of October 18, 2001, relative to the mobility of certain public services staff is on leave from office for mission of general interest for the duration of the mandate in accordance with article 102 § 2 of the royal decree of 19 November 1998 on leave and absences granted to the members of the staff of the State administrations. Its use can be declared vacant after two years and it can there be provided meanwhile by a contractual commitment or through higher functions.
When the Member of the management at the time of its entry into service is in a privity of contract with the State or any legal person of public law within the State, his employer offered him a suspension of his contract for the duration of its mandate.
However, during this period, he keeps his titles to the advancement in its salary scale.
S. 22. the Director and the Deputy Directors respectively are entitled to the same treatment as the first Advocate-General at the Court of cassation and the Attorney general at the Court of appeal, as well as to the increases and benefits pertaining thereto.
S.
23 § 1. The members of the management are in the course of their mandate, assessed twice. The first cycle has a duration of three years and ends by an interim evaluation.
The second round ends six months prior to the expiry of the mandate and closes by a final evaluation.
The evaluation of a member of the Executive is led by a first and a second evaluator, which are of the same linguistic role as the Member of the Executive. The Board of Directors designates for this purpose two of its members.
§ 2. During each cycle of assessment, interviews of operation will take place, on the initiative of the Member of management or of one of the evaluators when they are needed.
Interviews of operation relate to the functioning of the Member of the management and possible adaptations to be made.
§ 3. At the end of each evaluation round, the first reviewer invites the Member of the Executive to an assessment interview.
The second evaluator may participate in this interview.
In all cases, there is a dialogue between the evaluators before the assessment interview.
After the assessment interview, the first reviewer writes a descriptive evaluation report project and made, where appropriate, a proposal for reference. He confers with the second evaluator that can make its comments. Then he wrote the narrative assessment report.
The evaluation report is co-signed by the second reviewer and is communicated, with acknowledgement of receipt, to the rated within twenty working days following the assessment interview.
During the interim evaluation, no final statement appears in the narrative assessment report, except when the first reviewer believes that the Member of the Executive deserves ' deficient '.
The final evaluation is closed with a reference to "insufficient", "sufficient" or "very good".
The interim evaluations and the final evaluation of the Member of the Executive are finalized with the ' deficient ' it is clear from the evaluation that the Member of the Executive functioning below the expected level.
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4. The Governing Council wrote in its internal regulations of the terms with respect to the application of this provision.
S. «24. If the assessment referred to in article 23, leads to marked"insufficient", after an interim evaluation, the King may terminate the mandate prematurely.
A member of the Board, excluding those referred to in article 21, paragraphs 1 and 2, whose mandate ends prematurely due to a ' deficient ' context, receives severance pay according to the rules laid down by the King.
Without prejudice to paragraph 1, the King may, on proposal of the Board of Directors, before ending the mandate of a member of the direction because of serious breaches that permanently prevent any professional collaboration between the Member of the Board and the Institute.
If the Member of the Executive Board request to terminate its mandate, and if the Board agrees, a six-month notice is required.
This period may be shortened in case of mutual agreement.
S. 25. a member of the Board, excluding those referred to in article 21, paragraphs 1 and 2, which received a final mention "very good" or "sufficient" whose term is not renewed, receives a reintegration allowance according to the rules laid down by the King.
Sub-section 3. -The Scientific Committee art. 26. the Scientific Committee has for mission to deliver opinions or recommend actions, on request of the management and the Board of directors or initiative, including in the field of: 1 ° political training of magistrates, judicial trainees and persons referred to in article 2, 4 ° to 10 °;
2 ° programs training;
3 ° organisation of training;
4 ° teaching methods.
As part of this mission, the Scientific Committee evaluates the training evaluation reports. It actually report to management and the Board of Directors and advises.
S. 27. the Scientific Committee is composed of seventeen members, evenly divided between French-speaking and Dutch-language roles.
÷ the exception of the Director, the members are appointed by the Minister of Justice, for a renewable term of four years, in the following manner: 1 ° two judges submitted by the Commission appointment and meeting designation of the Higher Council of Justice;
2 ° two officers of the public prosecutor, presented by the Commission appointment and meeting appointment of the High Council of Justice;
3 ° four people amongst those referred to in article 2, 4 ° to 10 °;
4 ° two lawyers, one submitted by the Ordre des barreaux francophones and germanophone and the other by the Orde van Vlaamse balies;
5 ° four members of the academic community, of which two presented by the Vlaamse Interuniversitaire Raad and two by the Interuniversity Council of the French community of Belgium;
6 ° two members of the Institute of the federal administration.
It is chaired by the Director of the judicial training.
The King determines the presence token that can be allocated to members of the Scientific Committee, with the exception of the Director, as well as allowances that can them be allocated for reimbursement of their travel and subsistence expenses.
The token presence and allowances are dependant of the Institute.
Section 4. -Experts and administrative staff art. 28. the staff is an annual plan of staff, established by management and approved by the Board of Directors.
Recruitment respects linguistic parity.
S. 29. unless decided otherwise by the Board of Directors, necessitated by the proper functioning of its services and set out in a regulation approved by royal decree, appointed definitively, recruited by the Institute staff is subject to legal and statutory rules applicable to members of personnel of the judiciary appointed permanently.
S.
30. the headquarters and the public prosecutor magistrates may receive a delegation within the Institute in accordance with articles 323bis and 327bis of the Judicial Code.
S. 31. the staff of the judicial organization may, subject to its agreement and at the request of the Institute, addressed to the Minister of Justice, receive a delegation within the Institute in accordance with articles 327bis, 330, 330bis and 330ter of the Judicial Code.
S. 32 § 1. Any member appointed personnel to definitive title of a public service federal, federal public service programming or the Higher Council of Justice may, subject to its agreement and at the request of the Institute addressed, as appropriate, to the Minister whose jurisdiction it falls or the High Council of Justice, be put at the disposal of the Institute.
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2. For the duration of this provision, the officer is on leave. The leave is not paid. This period is however considered a period of service activity during which it maintains its rights to the wage scale advancement and promotion.
S. 33. it can be put to the delegation or provision referred to in articles 31 and 32: 1 ° at the request of the direction after previously hearing the staff member or agent;

2 ° at the request of the Member of staff or agent concerned for consideration of a period of notice of one month;
3 ° on the decision of the authority of the staff member or the staff member concerned, subject to consideration of a period of notice of one month.
S. 34. the members of the staff referred to in articles 31 and 32 are submitted: 1 ° to the hierarchical authority of the Directorate;
2 ° to the regulatory assessment, the disciplinary regime, to leave regulations and legislation on working hours, applicable to members of the staff referred to in article 29.
S. 35. the staff plan may provide for the possibility to engage personnel under a contract of work.
S. 36. the treatment of the staff recruited by the Institute and seconded or gratis personnel is charged to the budget of the Institute.
S.
37. without prejudice to the provisions of this Act, each Member of staff, responsible for a delegation or put at disposal, retains its own status.
However, in the event that the staff regulations referred to in articles 31 and 32 provides for equivalent mission, higher earnings or special benefits, a pay supplement on their earnings at the same level and these benefits they are allocated from the budget of the Institute.
Chapter V. - Financing and financial control art. 38. the Institute has the budgetary resources provided by appropriations in the administrative budget of the Service public federal Justice.
These amounts for the fiscal year following that in which this section comes into force less than 0.9 per cent of the annual payroll of the staff referred to in article 2 planned for the reporting year.
By payroll, should hear the overall budgetary burden to be borne by the administrative budget of the Service public federal Justice, which includes employers, family allowances, holiday pay, end-of-year allowance and home or residence allowance.
The percentage referred to in paragraph 2 shall be increased annually 0.25% for the next four fiscal years, to reach the threshold of 1.9%.
S. 39. the Institute may receive compensation for the services it provides; These resources are included with other non-budgetary resources.
The Institute maintains a separate accounting of the use of budgetary appropriations and other financial resources, including grants.
S. 40 § 1. The Institute is under the power of financial control of the Minister of Justice and the Minister for the Budget.
This control is exercised through two Government Commissioners, appointed by the King, on the proposal of the Minister of Justice, the other on a proposal from the Minister for the Budget.
The King sets the remuneration of the Government Commissioners. Such remuneration shall be borne by the Institute.
§ 2.
The Government Commissioners may attend the meetings of the Governing Council with advisory voice.
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3. Any Government Commissioner has a period of four days to appeal against any decision of the Board of directors or management financial scope it considers to be contrary to law, the statutes or the general interest. The appeal is suspensive.
This period shall run from the day of the meeting at which the decision was taken, provided that the Commissioner of the Government there was regularly convened and, otherwise from the day where it received knowledge.
These Commissioners exercise their recourse to the Minister who submitted them.
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4. If within a period of twenty days beginning the same day that the period referred to in § 3, the Minister seized of the appeal has not, after taking the opinion of the other interested Minister, pronounced the cancellation, the decision becomes final.
§ 5. By decision of the Minister notified to the Board of Directors, the period provided for in paragraph 4 may be increased by ten days.
§ 6. Annulment of the decision shall be notified to the Governing Council by the Minister that has imposed it.
S.
41. the Chairman of the Board of Directors presents an annual activity report to the Minister of Justice, the House, the Senate and the Higher Council of Justice.
CHAPTER VI. -Evaluation of judicial internship Arts commissions 42. a commission for evaluation of francophone judicial internship and an evaluation of the Dutch judicial internship commission are imposed within the Institute.
They have the competence: 1 ° to establish the programme of courses referred to in article 259octies, § 2, paragraph 1, 2nd indent and § 3, paragraph 2, 2nd indent of the Judicial Code.
2 ° to ensure the follow-up of the trainee;
3 ° receiving the reports referred to in article 259octies of the Judicial Code;
4 ° to the Minister of Justice, when one or more reports of internships are unfavorable, a notice including possibly a proposal for change of the intern or a proposal for early end of the probationary period;
5 ° in the months following the receipt of all of the reports, the final assessment of the internship and visit the internship a detailed final report;
6 ° to ensure, if necessary through recommendations addressed to the masters of stage, the harmonization of the content of the training of the trainee and its adequacy with the needs of the service.
S. 43. they are composed each:-of a magistrate of the public prosecutor not a member of the Higher Council of Justice;
-of a non-member of the Higher Council of Justice judge;
-the Deputy Director of the Training Institute, responsible for the division of judges; the judiciary and judicial trainees, or his representative
-of two experts in teaching pedagogy or non-member of the Higher Council of Justice work psychology.
Apart from the Deputy Director of the Training Institute, responsible for the division of the magistrates of the judiciary and judicial trainees, or his representative, the judicial internship evaluation Commission members are appointed for a period of four years, renewable. There are for each of these effective members an alternate designated by the same procedure.
Apart from the Assistant Director Training Institute, responsible for the division of the magistrates of the judiciary and judicial trainees, the full and alternate internship evaluation boards are appointed by the Commission appointment and meeting appointment of the Higher Council of Justice among the candidates who responded to the call for candidates published in the Moniteur belge.
The members and alternates of the internship evaluation Commission can give an opinion when the trainee is a spouse, cohabiting a legal fact, a parent or ally to the 4th degree included.
Each commission shall designate a Chairperson.
Apart from the Deputy Director of the Training Institute, responsible for the division of the magistrates of the judiciary and judicial trainees, and his representative, the internship evaluation Commission members right to a token presence whose amount shall be fixed in accordance with article 259a-21, § 2, of the Judicial Code.
Evaluation of the internship Commission members receive allowances for travel and stay in accordance with the provisions applicable to the staff of the federal public service. They are regarded as class A3 officials.
The token presence and allowances are charged to the budget of the Institute.
The evaluation Commission secretariat is provided by the staff of the Institute.
CHAPTER VII. -Amendments to the Judicial Code articles
44 ÷ article 259a-9, § 2, of the Judicial Code, replaced by the law of December 22, 1998 and amended by laws on June 15, 2001, 3 May 2003 are made the following amendments: 1 ° § 2 is repealed;
2 ° to § 3, the words "as well as the guidelines and programmes referred to in paragraph 2" shall be deleted;
3 ° it is inserted a § 4, as follows: "§ § 4 4» Judges appointed on the basis of the examination of professional competence or of the oral assessment screening receive theoretical and practical training which the content and duration are established by the judicial training Institute during the year following their appointment. » Art. (45A article 259ter, § 2, paragraph 4, d) 'judicial placement reports' shall be replaced by the words "the final report of the judicial training established by competent appraisal Board.
S. 46. A article 259sexies, § 1, of the same Code, as amended by laws of December 22, 1998 and 3 May 2003, the following changes are made: has) 1 °, paragraph 3 is replaced by the following subparagraphs: ' need to be able to exercise the function of investigating judge, judge of seizures or the juvenile court judge, have received specialized training. organized by the judicial training Institute.
In addition, in order to exercise the function of investigating judge, should have worked for at least a year the function of judge to the Court of first instance. » ;
(b) 2 ° is supplemented by the following paragraph: "need to exercise the function of judge of appeal of the youth training a specialized, organized by the Institute of judicial training. ';
(c) in the 3rd, the following paragraph is inserted between paragraphs 2 and 3, the following paragraph: "need to be able to exercise the functions of youth liaison magistrate, magistrate assistance or federal magistrate have.

trained as a specialized, organized by the judicial training Institute. » Art. 47 ÷ article 259octies of the Code, inserted by the law of December 22, 1998 and amended by the laws of the March 24, 1999, 15 June 2001, June 21, 2001, 10 April 2003, 3 May 2003 and December 22, 2003, the following changes are made: 1 ° in the § 2, paragraph 1, the words "by the Minister of Justice pursuant to article 259a-9. ' shall be replaced by the words "by the judicial training Institute";
2 ° in § 2, the following subparagraph is inserted between paragraphs 3 and 4: "the masters of internship must follow during the year following their appointment organized specialized training every year by the judicial training Institute.
» ;
3 ° in § 2, paragraph 4, the words "the Minister of Justice and the commission appointment and competent designation" are replaced by the words "competent appraisal Board";
4 ° § 2, paragraph 5, is replaced by the following subparagraph: "before the end of the 32nd month of training, the second supervisor sent without delay a detailed report on the third stage of the training to the president of the tribunal, which shall immediately send a copy of this report to the competent evaluation commission. If necessary, the second master of stage forward, in the same way, a supplementary report on four months of internship. »;

5 ° § 2 is supplemented by the following subparagraph: «Before the end of the 33rd month, competent evaluation commission sent the detailed final report to the Minister of Justice and furnishes a copy to the competent president and first president.»;
6 ° in § 3, paragraph 2, the words "by the Minister of Justice pursuant to article 259a-9,' shall be replaced by the words"by the judicial training Institute ";
7 ° in § 3, the following subparagraph is inserted between paragraphs 4 and 5: "masters of internship must follow during the year following their appointment organized specialized training every year by the judicial training Institute.";
8 ° to § 3, paragraph 5 is replaced by the following subparagraph: "the corps leader designates from each floor two magistrates of the public prosecutor which fulfil the functions of supervisor. The members of the federal prosecution may be designated as the supervisor. Before the end of the 14th month of training, the supervisor sent without delay a detailed report on the first and second stage of the training to the commanding officer, who shall immediately send a copy of this report to the competent evaluation commission. If necessary, the supervisor shall send, in the same way, a supplementary report on four months of internship. »;
9 ° § 3 is supplemented by the following subparagraph: "Before the end of the 15th month, competent evaluation commission sent a detailed final report to the Minister of Justice and furnishes a copy to the competent commanding officer and the Attorney general.";
"10 ° § 4 is amended as follows: 1 ° 1st paragraph are inserted the words" the Commission to competent evaluation and "between words in turn communicates» and" the words "the Minister of Justice;
2 ° § 4 is supplemented by the following subparagraph: "Before the end of the 11th month of the internship, the intern shall submit a reasoned proposal for the external internship for the approval of the Committee responsible for the evaluation of the course.";
11 ° § 5 is replaced by the following provision: "§ § 5 5.» The student referred to in § 2, as well as the student referred to in § 3 receive a copy of the reports. If the information contained in one or more reports are adverse, the evaluation commission shall formulate an opinion after having heard the person concerned. The fulfilment of this formality is mentioned in the report submitted to the Minister of Justice. »;
12 ° in § 6, paragraph 1, the words 'commission of appointment' shall be replaced by the words "Committee of ' assessment '.
13 ° in § 6, final paragraph, Dutch text, the word «rechter vervangen» are replaced by the words "plaatsvervanging waarnemen";
14 ° § 8 is replaced by the following provision: "§ § 8 8 ' Judicial trainee receives: 1 ° a remuneration paid in arrears, calculated in salary scale has 11 which is given to agents of the State;
2 ° dividers increases provided for in the said scale;
3 ° the allowances and additional processing fees attributed to personnel of the federal public service, to the same extent and in the same conditions as those imposed on it.
Upon the appointment to the stage, treatment is fixed by considering only a year of the required experience, in accordance with the § 1, paragraph 3, as a condition of participation in the competition for admission to the course.
The regime of mobility applicable to the salaries of the staff also applies to the remuneration of the trainee. It is attached to the pivot index 138.01.
All legislation concerning social security for workers, except that relating to the annual holiday, is applicable to the legal intern. » Art. 48. sections 42,43, 44 and 47 apply to ongoing judicial internships with the exception of those ending in the four months after the entry into force of these blogs.
The competent supervisor immediately sends the reports to competent appraisal Board.
S. 49. article 354, paragraph 2 of the same Code, inserted by the law of December 22, 1998, is repealed.
CHAPTER VIII. -Disposition transitional art.
50 the King fixed the date of the entry into force of each of the provisions of this Act and no later than one year after its publication in the Moniteur belge, except this article.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, January 31, 2007.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Mrs L.
ONKELINX _ Notes (1) Session 2006-2007.
Senate: Parliamentary Documents. -No. 1: Bill. -No. 2: Notice of the Higher Council of Justice. -No. 3: amendments.
-No 4: report. -No. 5: The text amended by the commission.
Annals of the Senate: December 21, 2006.
House of representatives: parliamentary Documents. -001: Draft transmitted by the Senate. -002: Amendments. -003: Report.
Full report: January 25, 2007.