10 JUIN 2006. - Career and Compensation Reform Act for Registry and Prosecutor ' s Secretariats (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. - Amendments to the Judicial Code
Art. 2. In the second part, Book 1 of the Judicial Code, title III is replaced by the following:
« Title III. - Registry members »
Art. 3. In the second part, book 1 of the same Code, title IV, is replaced by the following title:
« Title IV. - Members of the prosecutor's office »
Art. 4. Section 177, of the same Code, replaced by the Act of 3 May 2003, is replaced by the following provision:
"Art. 177. There is, in each floor, a secretariat, which is under the direction of a chief secretary.
The Chief Secretary is appointed by the King.
The Chief Public Prosecutor's Secretary is responsible for the administration of administrative services, under the direction and supervision of the Attorney General, the Federal Prosecutor, the Crown Prosecutor or the Labour Auditor. It distributes administrative tasks between members and secretariat staff.
The Chief Secretary may be assisted by one or more secretaries and assistant secretaries appointed by the King. Their number is determined by the King, according to the needs of the service
The secretary assists the Attorney General, the Federal Prosecutor, the King's Attorney or the Labour Auditor. He signs the documents inherent in his function, and the documents that the head of the public prosecutor gives him mission to sign. He assists the magistrates in documentation and research work, in the constitution of the files, and in all tasks, with the exception of those expressly reserved for judges.
The secretary keeps all records received or produced by the prosecutor's office. It shall take appropriate measures to ensure the proper conservation of all archives, whose management is vested in it, to classify them and to record them, regardless of their form, structure and content. The King shall determine, after the opinion of the Auditor General of the Kingdom, the terms and conditions for the application of this paragraph.
The Attorney General, the Federal Prosecutor, the King's Prosecutor and the Labour Auditor near a court whose jurisdiction counts a population of more than two hundred and fifty thousand inhabitants, may choose a secretary of law among the members or staff of the Secretariat, on the advice of the Chief Secretary.
One to three service chief secretaries may be appointed to the office. They participate, under the authority of the Chief Secretary, in the direction of the secretariat. If, in a prosecutor's office, more than one hundred staff members are employed on a full-time basis, the number of secretaries-leaders may be increased by one unit per group of thirty additional staff.
The King determines the number and designates them for a three-year term, among the secretaries, on the presentation of the Attorney General, the Federal Prosecutor, the Crown Prosecutor or the Labour Auditor and the Chief Prosecutor.
This designation may be renewed and each time for a period of three years; after nine years of office, they are appointed on a final basis, according to the same procedure. »
Art. 5. Section 178 of the same Code, as amended by the laws of 17 February 1978, 17 February 1997 and 20 May 1997, is replaced by the following provision:
"Art. 178. Deputy secretaries in office for at least 12 years are appointed by the King Principal Assistant Secretaries, as long as their assessment, referred to in section 287ter, is marked "very good".
It will take into account the years of functions performed in a public prosecutor ' s office, a public prosecutor ' s office or a court office in an equivalent or lower grade. »
Art. 6. In the second part, book 1 of the same Code, it is inserted a title IVbis, which includes articles 179 and 180, as follows:
« Title IVbis. - Registry staff and prosecutorial secretariats »
Art. 7. Section 179 of the same Code, as amended by the laws of 17 February 1978, 17 February 1997 and 20 May 1997, is replaced by the following provision:
"Art. 179. There are staff members appointed by the Minister of Justice in grades with a hierarchy of 3 levels, namely levels B, C and D.
Level B contains the ranks of expert, administrative expert and ICT expert.
Level C contains the rank of assistant.
Level D contains the rank of collaborator.
The King determines the status of these staff members and the number of jobs. »
Art. 8. Section 180 of the same Code, as amended by the laws of 17 February 1978, 17 February 1997 and 20 May 1997, is replaced by the following provision:
"Art. 180. Apart from the general qualification grades listed in this title, the King may create special qualification grades, of which He sets the corresponding number of jobs, treatment and status. Recruitment examinations for special qualification grades are organized by the King in the form of competitions before a jury established by the Minister of Justice.
The King may also, in accordance with the provisions of the preceding paragraph, establish special qualification grades to ensure the secretariat of the College of Attorneys General. The functions performed in these secretariats are considered to be functions performed in a prosecutor ' s office.
In addition, the Minister of Justice or the authority to which he delegated this authority may, for specific reasons, engage staff under the links of a contract of work to ensure continuity of services. Only the winners of a contest or an organized examination for the function concerned are considered online for these commitments, or, failing that, the candidates who have received a specific selection based on a function profile, organized by the Minister of Justice or by a State service. In order to be contracted, the persons concerned must be a conduct that meets the requirements of the function and enjoy civil and political rights. »
Art. 9. The Code repeals:
1° section 181, amended by the Act of 15 July 1970, replaced by the Act of 17 February 1997 and amended by the Act of 20 May 1997;
2° section 182, replaced by the law of 17 February 1997 and amended by the law of 15 June 2001;
3° Article 182bis, inserted by the law of 17 February 1997;
4th section 183, renumbered by the law of 15 July 1970 and replaced by the law of 20 May 1997;
5° section 184, renumbered by the law of 15 July 1970, replaced by the law of 17 February 1997 and amended by the law of 20 May 1997;
Article 185, amended by the laws of 17 February 1997, 21 June 2001 and 3 May 2003.
Art. 10. In section 206 ter of the same Code, inserted by the Act of 24 March 1999 and amended by the Act of 22 December 2003, paragraphs 2 and 3 are replaced by the following paragraphs:
"The appointment is final only upon the expiry of a provisional appointment period that must determine whether the candidate is fit to perform the position.
The King may, during this period, terminate the functions performed on an interim basis exclusively on the proposal, as the case may be, of the first president of the Court of Appeal or of the Attorney General near the Court of Appeal, and with prior notice of the head of the court or the prosecutor in which they are assigned.
The time and status applicable to staff members at level B and C appointed on a provisional basis, as referred to in section 179, shall be applied to the same extent and under the same conditions to legal officers appointed on a provisional basis. »
Art. 11. In the second part, title VI, of the same Code, the title of chapter VI is replaced by the following title:
“Chapter VI. - Members of the Registry »
Art. 12. In section 263 of the same Code, replaced by the Act of 17 February 1997, the following amendments are made:
1° § 1^er, 2°, a), is replaced as follows:
"to be terminated or master in law and to have served for at least five years as assistant clerk in a court, tribunal, justice of the peace, or a police court. »;
2° § 2, 2°, a), is replaced as follows:
"to be terminated or master of law and to have served for at least one year as assistant clerk in a court, tribunal, justice of the peace or a police court; »;
3° in § 2, 2°, b), the words "writer or employee" are replaced by the words "expert or assistant. "
Art. 13. Section 264, 2°, (a), of the same Code, replaced by the Act of 17 February 1997, is replaced as follows:
"to be terminated or master of law and to have served for at least five years as assistant clerk in a court, tribunal, justice of the peace or a police court; »
Art. 14. In section 265 of the Code, replaced by the Act of 17 February 1997, the following amendments are made:
1° 2°, a), is replaced as follows:
“(a) be terminated or master in law and have served for at least one year as assistant clerk in a court, tribunal, justice of the peace or a police court; »;
2° in 2°, b), the words "writer or employee" are replaced by the words "expert or assistant."
Art. 15. In section 266 of the same Code, replaced by the Act of 17 February 1997, the following amendments are made:
1° 2°, a), is replaced as follows:
“(a) be terminated or master in law and have served for at least five years as assistant clerk in a court; »;
2° to 2°, b), the words "calling or working court" are deleted.
Art. 16. Section 266bis of the same Code, inserted by the Act of 10 January 1975, is repealed.
Art. 17. Section 267, 2°, (a), of the same Code, replaced by the Act of 17 February 1997, is replaced as follows:
“(a) be terminated or master in law and have served for at least one year as assistant clerk in a court, tribunal, justice of the peace or a police court; "
Art. 18. Section 268, 2°, of the same Code, replaced by the Act of 17 February 1997, is replaced as follows:
"(2) be terminated or master in law and have served for at least five years as assistant clerk in a court; "
Art. 19. Section 269, 2°, of the same Code, replaced by the Act of 17 February 1997, is replaced as follows:
“(a) be terminated or master in law and have served for at least one year as assistant clerk in a court; »
Art. 20. Section 269bis of the same Code, inserted by the Act of 11 December 1973 and replaced by the Act of 17 February 1997, is replaced by the following provision:
"Art. 269bis. To be appointed Deputy Registrar of a Jurisdiction, the candidate must:
1st to be twenty-one years old;
2(a) be terminated or master in law;
(b) or be a holder of a degree or certificate taken into consideration for the admission to level A functions in State administrations as well as the certificate of candidate-register;
(c) or be a holder of a degree or certificate taken into account for the admission to level C functions in State administrations as well as the certificate of candidate-recruitment, and in addition to exercising for at least three years the functions of expert or assistant in a office or office.
Appointment as Deputy Clerk of a candidate meeting the conditions of appointment set out in paragraph 1^er, 2°, (a) or (b), becomes final only upon the expiration of a provisional appointment period that must determine whether the candidate is capable of performing the position.
The King may, during that period, on the advice, as the case may be, of the first president, the president, the justice of the peace or the judge to the police court, that the Chief Clerk transmits directly to the Minister of Justice by joining his or her, put an end to his or her provisional duties.
The time and status applicable to staff members at level B and C appointed on a provisional basis, referred to in section 179, shall be applied to the same extent and under the same conditions to clerks appointed on a provisional basis. »
Art. 21. In the second part, title VI, of the same Code, the title of chapter VII is replaced by the following title:
“Chapter VII. - Members of the Office of the Prosecutor »
Art. 22. Section 270 of the same Code, as amended by the Act of 17 February 1997, is replaced by the following provision:
"Art. 270. The Deputy Secretaries and Secretaries are appointed by the King on two double lists, as the case may be, by the Attorney General, the Federal Prosecutor, the King's Attorneys or the Labour Auditors, the other by the Chief Prosecutor.
In the labour courts, appointments are made on the joint proposal of Ministers with Labour and Justice in their responsibilities. »
Art. 23. Section 271 of the same Code, as amended by the Acts of 2 December 1982, 17 February 1997 and 20 May 1997, is replaced by the following provision:
"Art. 271. To be appointed Chief Secretary of the Crown Prosecutor's Office or Labour Auditor, the candidate must:
1° to be aged thirty-five years;
2(a) be terminated or master in law and have served for at least five years as assistant secretary to the prosecutor ' s office.
(b) or be a holder of a candidate-secretary ' s certificate and, in addition, having served for at least 10 years as secretary or assistant secretary to the public prosecutor ' s office or auditor ' s office. »
Art. 24. Section 272, of the same Code, repealed by the Act of 20 May 1997, is reinstated in the following wording:
"Art. 272. In order to be appointed Secretary to the Public Prosecutor's Office or the Labour Auditor, the candidate must:
1st to be aged 25 years;
2(a) be terminated or master in law and have served for at least one year as assistant secretary in a prosecutor ' s office;
(b) or be a holder of a candidate-secretary's certificate and, in addition, be an assistant secretary in a prosecutor's office or an auditor's office, or have served for at least five years as an expert or assistant in a prosecutor's or auditor's office. »
Art. 25. In the second part, Book 1, Title VI of the same Code, the title of Chapter VIII is deleted.
Art. 26. Section 273 of the same Code, as amended by the Acts of 17 February 1997 and 21 June 2001, is replaced by the following provision:
“Art. 273. In order to be appointed Chief Secretary of the Public Prosecutor's Office of a Court of Appeal or a Federal Court of Labour or Public Prosecutor's Office, the candidate must:
1° to be aged thirty-five years;
2(a) be terminated or master in law and have served for at least five years as assistant secretary to the prosecutor's office in a court;
(b) or be a holder of the certificate of a candidate-secretary and, in addition, having served for at least five years as secretary of the prosecutor's office of a court, or being chief secretary of the prosecutor's office of the King or the auditor of work. »
Art. 27. Section 274 of the same Code, replaced by the Act of 17 February 1997, is replaced by the following provision:
"Art. 274. In order to be appointed Secretary to the Public Prosecutor's Office of a Court of Appeal, Labour Court or Federal Public Prosecutor's Office, the candidate must:
1st to be aged 25 years;
2(a) be terminated or master in law and have served for at least one year as assistant secretary in a prosecutor ' s office;
(b) or be a holder of a candidate-secretary ' s certificate and, in addition, having served for at least five years as a secretary in a public prosecutor ' s office or as an assistant secretary in a court ' s office. »
Art. 28. Section 275 of the same Code, replaced by the Act of 17 February 1997, is replaced by the following provision:
"Art. 275. In order to be appointed Chief Prosecutor of the Court of Cassation, the candidate must:
1° to be aged thirty-five years;
2(a) be terminated or master in law and have served for at least five years as assistant secretary to the prosecutor's office in a court;
(b) or be a holder of the certificate of candidate-secretary and, in addition, having served for at least five years as secretary to the prosecutor's office of the Court of Cassation or as chief secretary of the prosecutor's office of a court. »
Art. 29. Section 276 of the Code, replaced by the Act of 17 February 1997 and amended by the Act of 21 June 2001, is replaced by the following provision:
"Art. 276. To be appointed Secretary to the Prosecutor ' s Office, the applicant shall:
1st to be aged 25 years;
2(a) be terminated or master in law and have served for at least one year as assistant secretary to the prosecutor's office in a court;
(b) or be a holder of the certificate of a candidate-secretary and, in addition, having served for at least five years as secretary to the prosecutor's office of a court or as deputy secretary to the prosecutor's office of the Court of Cassation. »
Art. 30. Section 277 of the same Code, replaced by the Act of 17 February 1997 and amended by the Act of 21 June 2001, is replaced by the following provision:
"Art. 277. To be appointed Assistant Secretary to the Public Prosecutor ' s Office, the candidate must:
1st to be twenty-one years old;
2(a) be terminated or master in law;
(b) or be a holder of a degree or certificate taken into consideration for the admission to level A functions in State administrations and the certificate of candidate-secretary;
(c) or be a holder of a degree or certificate taken into account for the admission to level C functions in State administrations as well as the certificate of candidate-secretary and, in addition, having served as an expert or assistant in a office or a prosecutor's office for at least three years.
Appointment as deputy secretary of a candidate meeting the conditions of appointment set out in paragraph 1^er, 2°, (a) or (b), is final only upon the expiry of a provisional appointment period that must determine whether the candidate is capable of performing the position.
The King may, during this period, on the advice, as the case may be, of the Attorney General, the Federal Prosecutor, the King's Prosecutor or the Labour Auditor, that the Chief Secretary transmit directly to the Minister of Justice by joining the Minister of Justice, put an end to the duties performed on a provisional basis.
The time and status applicable to staff members at level B and C appointed on a provisional basis, as referred to in section 179, shall be applied to the same extent and under the same conditions to employees appointed on a provisional basis. »
Art. 31. Section 278 of the same Code, replaced by the Act of 17 February 1997, is replaced by the following provision:
"Art. 278. The King shall conduct the examination for the issuance of the certificate of candidate-secretary referred to in sections 271 to 277. Candidates who, at the time of the closing of the registrations, meet the conditions of qualification and seniority set out in section 277, paragraph 1^er, 2°, b) or c). »
Art. 32. It is inserted in the second part, title VI, of the same Code, a new chapter VIII, comprising articles 279 to 281, entitled as follows:
“Chapter VIII. - Registry and prosecutorial staff."
Art. 33. Section 279 of the same Code, replaced by the Act of 17 February 1997, is replaced by the following provision:
"Art. 279. § 1^er. In order to be appointed, by recruitment, expert, administrative expert or ICT expert in a office or prosecutor ' s office, the candidate shall:
1st to be twenty-one years old;
2° be a holder of a degree or certificate taken into consideration for admission to level B functions in State administrations;
3° to be awarded a comparative selection for the function, organized by SELOR - Federal Administration Selection Office.
The appointment of an expert, an administrative expert or an ICT expert is final only upon the expiry of a provisional appointment period that must determine whether the candidate is capable of performing the position.
During this period, the Minister of Justice may, on the advice of the Chief Clerk or the Chief Secretary, that the Chief Clerk transmits directly to the Minister, terminate the interim function.
§ 2. In order to be appointed, by promotion, expert, administrative expert or expert ICT in a office or prosecutor ' s office, the candidate shall:
1st to be appointed definitively to the function of assistant in a court office or a prosecutor's office;
2° be awarded a comparative selection for the function concerned, organized by SELOR - Federal Administration Selection Office.
§ 3. The King determines the modalities for the selection and recruitment of experts, administrative experts or ICT experts and sets the time and status applicable to the provisional appointment. »
Art. 34. Section 280 of the Code, replaced by the Acts of 17 February 1997 and 21 June 2001, is replaced by the following provision:
"Art. 280. § 1^er. In order to be appointed, by recruitment, assistant in a court office or prosecutor ' s office, the candidate shall:
1° to be 18 years old;
2° be holder of a degree or certificate taken into consideration for admission to a level C function in State administrations.
3° to be awarded a comparative selection for the function, organized by SELOR - Federal Administration Selection Office.
The appointment of an assistant is final only upon the expiry of a provisional appointment period to determine whether the candidate is fit to perform the position.
During this period, the Minister of Justice may, on the advice of the Chief Clerk or the Chief Secretary, transmit directly to the Minister of Justice, put an end to the provisional function.
§ 2. In order to be appointed, by promotion, assistant in a court office or prosecutor ' s office, the candidate shall:
1st to be appointed definitively to the position of collaborator in a office or a prosecutor ' s office;
2° to be awarded a comparative selection for the job, organized by SELOR - Federal Administration Selection Office.
§ 3. The King determines the procedure for selecting and recruiting assistants and sets the time and status applicable to the provisional appointment. »
Art. 35. Section 281 of the same Code, replaced by the Act of 1^er February 1977 and amended by the laws of 17 February 1997 and 20 May 1997, is replaced by the following provision:
“Art. 281. In order to be appointed as a collaborator in a court office or a prosecutor ' s office, the candidate must:
1° to be 18 years old;
2° be awarded a comparative selection for the function concerned, organized by SELOR - Federal Administration Selection Office.
The appointment of a collaborator is final only upon the expiry of a provisional appointment period to determine whether the candidate is capable of performing the position.
During this period, the Minister of Justice may, on the advice of the Chief Clerk or the Chief Secretary, transmit directly to the Minister of Justice, put an end to the provisional function.
The King determines the modalities for the selection and recruitment of employees and sets the time and status applicable to the provisional appointment. "
Art. 36. The Code repeals:
1st section 282, replaced by the law of 17 February 1997;
2° section 283, replaced by the law of 17 February 1997.
Art. 37. Article 285bis, paragraph 1^erthe same Code, inserted by the Act of 17 February 1997 and amended by the Act of 20 May 1997, is replaced by the following provision:
"Art. 285bis. Recipients of a competitive examination referred to in section 180, paragraph 1^erretain the benefit of their success for three years from the date of the minutes of the contest. »
Art. 38. Section 286 of the same Code, replaced by the Act of 2 December 1998, is supplemented by the following paragraph:
“§3. For the appointments, functions and jobs provided for in this title, the persons concerned must be conduct that meets the requirements of the function and enjoy civil and political rights. »
Art. 39. Article 286 bis, paragraph 1^erthe same Code, inserted by the Act of 17 February 1997 and amended by the Acts of 20 May 1997 and 12 April 1999, are amended as follows:
1° the words "of a translator, of an employee" are deleted;
2° the word « 185 » is replaced by the word « 180 ».
Art. 40. In article 287, last paragraph, of the same Code inserted by the law of 17 February 1997 and amended by the laws of 22 December 1998 and 12 April 1999, the word " 185" is replaced by the word "180".
Art. 41. Section 287bis of the same Code, inserted by the Act of 17 February 1997 and amended by the Acts of 20 May 1997, 12 April 1999, 17 July 2000, 13 March 2001 and 21 June 2001, are amended as follows:
1° to § 1^er, paragraph 2, the words "274, 276 and 278" are replaced by the words "271, 273 and 275";
2° to § 1^er, paragraph 4, the words "275, 277, 279 and 280" are replaced by the words "272, 274 and 276 and 277";
3° paragraphs 5 and 6 of § 1^er are repealed;
4° in § 4, the words "or the Minister with the Work in his powers" are deleted.
Art. 42. In section 287ter of the same Code, inserted by the Act of 17 February 1997 and amended by the Act of 20 May 1997, the following amendments are made:
1° to § 1^erParagraphs 1^er and 2, 5°, the word "85" is replaced by the word "180";
2° in § 3, paragraph 3, the words "its opinion" are replaced by the words "its decision";
3° in § 3, paragraph 4, the words "this notice is definitive and is attached" are replaced by the words "this decision is final and is attached";
4° in § 4, 2°, the words "or 330bis" are replaced by the words ", 330bis, 330ter or 330quater".
Art. 43. In Article 287quater, § 1^er, paragraph 3, of the same Code, inserted by the law of 17 February 1997 and amended by the laws of 12 April 1999 and 21 June 2001, the word "85" is replaced by the word "180".
Art. 44. Section 291bis, paragraph 2, of the same Code, inserted by the Act of 17 February 1997 and amended by the Acts of 12 April 1999 and 21 June 2001, is replaced by the following paragraphs:
"If the place is vacant at the time of publication of the appointment or designation to the Belgian Monitor, the oath must take place in the month following the publication; Otherwise, the appointment or designation may be considered non-agreement.
If the place is still occupied at the time of publication of the appointment or designation to the Belgian Monitor, the swearing-in must take place within one month of the time the place becomes vacant; Otherwise, the appointment or designation may be considered non-agreement. »
Art. 45. Section 328 of the Code, replaced by the Act of 17 February 1997 and amended by the Act of 3 May 2003, is amended as follows:
1° the following paragraph is inserted between paragraphs 2 and 3:
"If a Clerk of Service is unable to do so, the Clerk may be replaced by a Clerk appointed by the Chief Clerk for that purpose. »;
2° the last paragraph is repealed.
Art. 46. In section 329 of the same Code, replaced by the Act of 17 February 1997, the words "an editor or an employee" are replaced by the words "a staff member with the rank of expert, assistant or employee."
Art. 47. In section 329bis of the same Code, inserted by the law of 17 February 1997 and amended by the law of 21 June 2001, the following amendments are made:
1° the words "or if it comes to disappointment or to cease its functions" are inserted between the words "to make this designation" and the words ", it is provided for its replacement";
2° the article is supplemented by the following paragraph:
"In the event of an incapacity of a chief secretary of service, he may be replaced by a secretary whom the chief secretary designates for that purpose. »
Art. 48. Section 330 of the same Code, replaced by the Act of 17 February 1997 and amended by the Acts of 20 May 1997, 26 March 2003, 10 April 2003 in 27 December 2004, are amended as follows:
1° to paragraph 1^er, the words "writers and employees" are deleted;
2° Paragraph 3 is replaced by the following paragraph:
"Without prejudice to the application of section 370, the referees, Chief Clerks, Clerks and Deputy Clerks so delegated retain their salary and the associated increases and benefits. »
Art. 49. Section 330bis of the same Code, inserted by the Act of 17 February 1997 and amended by the Acts of 20 May 1997, 24 March 1999, 12 April 1999, 10 April 2003 and 27 December 2004, are amended as follows:
1° to paragraph 1^er, the words ", translators, editors and prosecutors" are deleted;
2° paragraph 2 is replaced by the following paragraph:
"Without prejudice to the application of section 370, prosecutors' lawyers, chief secretaries, secretaries, assistant secretaries as well as delegated secretaries maintain their treatment and the related increases and benefits. »
Art. 50. An article 330ter, as follows, is inserted in the same Code:
"Art. 330ter. § 1^er. When warranted by the service, the Chief Clerk may delegate, a staff member from his or her office, who is the recipient of the examination of a deputy returning officer, to the office of clerk for a specified and limited period of time.
§ 2. The Minister of Justice may also delegate the staff of a Registry or a Public Prosecutor's Secretariat to a similar or higher function in their own, or even in another, Registry or Public Prosecutor's Office, as well as in federal public services, strategic bodies and secretariats, in ministerial offices, in government commissions, agencies or offices or to the Central Organ for Seizure and Confiscation.
Only a staff member who meets the conditions of appointment for the higher function may be designated to perform this function.
It is only in the absence of a staff member who meets the requirements of the preceding paragraph in the office of the office of the office of the public prosecutor that a staff member who does not meet these conditions may be designated by an act of designation to perform higher functions.
§ 3. A staff member may only be responsible for performing a higher function, referred to in § 2, for a job that is vacant or temporarily unoccupied. In the event of an award for vacant employment, the procedure for final awarding this job must be initiated.
In order to ensure continuity of service, however, the Minister of Justice may, by derogation from the previous paragraph, delegate overcrowding to meet specific needs or assist additional magistrates.
The delegation to a higher position is valid for a maximum of six months. This delegation may be extended to a maximum of three times by an identical term of not more than six months.
By derogation from the above, the delegation may be maintained upon the expiry of the third extension:
(a) if the employment could not be granted on a final basis;
(b) for overcrowding delegations made by the Minister of Justice pursuant to paragraph 2;
(c) in exceptional cases duly justified.
§ 4. The staff members so delegated retain their salary and related increases and benefits. Delegates in accordance with § 2 also receive an allowance for the exercise of a higher function. »
Art. 51. It is inserted in the second part, Book II, Title II, of the same Code, a chapter IIIbis, including Article 330quater, with the following title:
“Chapter IIIbis. - Mutation and mobility »
Art. 52. An article 330quater, as follows, is inserted in the same Code:
"Art. 330quater. § 1^er. A staff member of a registry or a prosecutor's office may, at his or her request, be permanently transferred by transfer to an equivalent grade in another office or another prosecutor's office, provided that a job is vacant.
The King rules the mutation. This transfer takes place without the application of section 287 and without further oath.
§ 2. A staff member of a registry or prosecutor's office may, upon request, be permanently transferred by mobility to an equivalent grade in a federal public service. A staff member of a federal public service may, at his or her request, be permanently transferred by mobility to an equivalent grade in a office office or office.
The King rules mobility. »
Art. 53. In article 353ter of the same Code, inserted by the law of 26 March 1996 and amended by the laws of 17 February 1997 and 12 April 1999, the word " 185" is replaced by the word "180".
Art. 54. Section 370 of the same Code, as amended by the Act of 17 February 1997, is replaced by the following provision:
"Art. 370. § 1^er. Members of a court or prosecutor's office, who, pursuant to section 330 and 330 bis, are required to perform a higher function for an uninterrupted period of one month, receive an allowance that is set on the basis of the difference between the remuneration that the staff member would receive in the rank of the provisional position and the remuneration that he or she benefits in his or her actual grade.
The remuneration referred to in paragraph 1 shall include:
1° the treatment, including if applicable the treatment supplements due;
2° possibly the home or residence allowance.
§ 2. Members of a court or a public prosecutor's office called, pursuant to sections 328 or 329bis to perform a higher function for a period of at least three consecutive months, shall receive an allowance of half the amount referred to in § 1^er.
§ 3. The mobility regime applicable to federal public service staff salaries also applies to this allowance.
It is linked to the pivotal index 138,01.
The allowance is subject to the contribution for the compulsory health care insurance plan and the special contribution for the financing of the social security plan.
However, the allowance is not subject to the deduction for the financing of the legal pension.
§ 4. This allowance is payable under the same conditions as the allowance for the exercise of a higher position granted to staff at level B,C and D referred to in section 179. »
Art. 55. Article 375 § 1^erParagraph 2 of the Code is repealed.
Art. 56. to section 380 of the same Code, as amended by the Act of 15 July 1970, replaced by the Act of 17 February 1997 and amended by the Acts of 20 May 1997 and 12 April 1999, are amended as follows:
1° the words "surcharges, allowances and allowances" are inserted between the words "treatments" and the words "translators";
2° the words "translators, principal translators, editors, principal editors, employees, principal employees" are replaced by the words "experts, administrative experts, ICT experts, assistants and employees".
Art. 57. in article 403 of the same Code, amended by the laws of 17 February 1997 and 20 May 1997, the words "translators, editors and employees" are replaced by the words "experts, administrative experts, ICT experts, assistants and employees".
Art. 58. Article 410, § 1^er, 7°, of the same Code, amended by the laws of 10 February 1998 and 7 July 2002, are amended as follows:
1st to 5th dash, the words "writers and transplant employees" are replaced by the words "experts, administrative experts, ICT experts, assistants and transplant staff";
2° in the sixth dash, the words "translators, editors and public prosecutors" are replaced by the words "experts, administrative experts, ICT experts, assistants and staff of prosecutors' secretariats";
3rd to 8th, the words "translators, editors and employees of the Federal Prosecutor's Office" are replaced by the words "experts, administrative experts, ICT experts, assistants and employees of the Federal Prosecutor's Office".
Art. 59. In article 412, § 2, 7°, of the same Code, as amended by the law of 7 July 2002, the words "translators, editors, prosecutors and office clerks" are replaced by the words "experts, administrative experts, ICT experts, assistants and staff of the office or office of prosecutors".
CHAPTER III. - Amendments to the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 60. In section 54bis of the Act of June 15, 1935 concerning the use of languages in judicial matters, inserted by the Act of December 20, 1957, the words " clerk-greffiers, as well as the editors and employees" are replaced by the words "Deputy clerks, as well as experts, administrative experts and assistants".
Art. 61. In section 54ter of the Act, inserted by the Act of 26 April 2005, the following amendments are made:
1° in § 1^er, the words "writers and employees" are replaced by the words "experts, administrative experts and assistants";
2° in § 3, the words "writer or employee" are replaced by the words "experts, administrative experts and assistants".
CHAPTER IV. - Amendments to the Act of 10 April 1995 on the redistribution of work in the public sector
Art. 62. Article 2, paragraph 1^er the Act of 10 April 1995 on the redistribution of work in the public sector, as amended by the Acts of 3 December 1997 and 24 December 2002, the second is replaced by the following provision:
"2° staff attached to courts and tribunals".
CHAPTER V. - Amendments to the Act of 17 February 1997 amending certain provisions of the Judicial Code with regard to the staff of the court and the public prosecutors
Art. 63. Sections 92, 93 and 95 of the Act of 17 February 1997 amending certain provisions of the Judicial Code with regard to the staff of the court and the public prosecutors are repealed.
CHAPTER VI. - Transitional and final provisions
Art. 64. § 1^er. Staff members who, on the date of entry into force of this Act, hold a grade resumed in the left column shall be appointed ex officio in one of the grades created in the right column:
For the consultation of the table, see image
§ 2. The modalities for integrating staff members into the new rank are determined by the King.
§ 3. For the appointment procedures for vacancies of a translator, editor or employee, published in the Belgian Monitor before this Act comes into force, the provisions in force at the time of publication shall remain applicable.
At the time of appointment, however, the staff member concerned is immediately integrated into the corresponding rank of expert, assistant or employee.
Art. 65. A staff member who, at the time of the coming into force of this Act, performs the function of an employee may, in accordance with the conditions of appointment fixed by the Judicial Code prior to the coming into force of this Act, be appointed clerk, deputy clerk, secretary or deputy secretary, provided that he or she meets all the above-mentioned conditions of appointment, with the exception of those relating to the former service. The employee's seniority and the former employee's seniority are considered for the purposes of this provision.
Art. 66. For a period of six years from the coming into force of this Act, candidates who have a valid certificate attesting to their success in the examination of an organized translator before or in the course of organization on the date of entry into force of this Act are expected to meet the eligibility requirements of section 279, § 1^erParagraph 1^er3°, and § 2, 2°, of the Judicial Code.
They can apply for an appointment as an administrative expert by recruitment and promotion.
Art. 67. For a period of six years from the date of entry into force of this Act, candidates who have a valid certificate attesting to their success in the examination of an editor, organized before or during the course of organization on the date of entry into force of this Act, are expected to meet the eligibility requirements set out in section 280, § 1^erParagraph 1^er3°, and § 2, 2°, of the Judicial Code.
They can apply for an appointment to the rank of assistant both by recruitment and promotion.
Art. 68. For a period of six years from the coming into force of this Act, candidates who have a valid certificate attesting to their success in the examination of an employee before or during an organization on the effective date of this Act are expected to meet the eligibility requirement under section 281, paragraph 1^er2° of the Judicial Code.
Art. 69. Staff members delegated to higher office before the date of 1^er April 2003 pursuant to sections 330 or 330bis of the Judicial Code, as drafted prior to the coming into force of this Act, remain delegated in accordance with the conditions set out in the notice of designation that regulates their individual situation. Undetermined delegations shall be considered to be maintained and terminated as soon as the Minister of Justice expressly terminates it.
However, they are paid in accordance with Article 370 of the Judicial Code.
Art. 70. By derogation from sections 179 and 180 of the Judicial Code, the Minister with the Labour in his or her powers, retains the authority to appoint or hire staff at levels C and D in the office of the courts and labour courts for fifteen months after the coming into force of this Act.
Art. 71. This Act comes into force on the first day of the month following the one in which it was published in the Belgian Monitor, with the exception of Article 61 which comes into force at the time of the entry into force of the Act of 26 April 2005 amending Articles 53, § 6, and 54bis of the Act of 15 June 1935 concerning the use of languages in judicial matters and inserting in it an article 54ter and an article 66bis.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 June 2006.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Public Service,
C. DUPONT
Minister of Employment,
P. VAN VELTHOVEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006.
House of Representatives
Documents. - Bill, 51-2299/1 - 15 February 2006 - Erratum, 51-2299/2 - 2 March 2006. - Amendments, 51-2299/3 - 21 March 2006. Report on behalf of the Commission, 51-2299/4 27 March 2006. - Text adopted by the Commission, 51-2299/5 -27 March 2006. - Text adopted in plenary and transmitted to the Senate, 51-2299/6 - 30 March 2006.
Senate
Documents. - Project transmitted by the House, 3-1644/1 - 31 March 2006. Report on behalf of the Commission, 3-1644/2 - 19 April 2006. - Text adopted in plenary and subject to Royal Assent, 3-1644/3 - 11 May 2006.