Act Reforming The Council Of State And The Creation Of A Council Of Litigation Of Foreigners (1)

Original Language Title: Loi réformant le Conseil d'Etat et créant un Conseil du Contentieux des Etrangers (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Posted the: 2006-10-06 Numac: 2006000704 Interior FEDERAL PUBLIC SERVICE September 15, 2006. -An act reforming the Council of State and creating a Council of litigation of foreigners (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. -Amendments to the laws on the Council of State, coordinated on 12 January 1973 s. 2. in article 7 of the laws on the Council of State, coordinated on 12 January 1973, the words "gives reasoned opinions or" are deleted.
S. 3. articles 8, 9 and 10 of the same laws, amended by the law of 9 August 1980 and June 16, 1989, are hereby repealed.
S. 4 A article 14, § 1, same laws, amended by the Act of 25 May 1999, the words "the Council of State and the administrative courts" shall be inserted between the words "Arbitration Court", and the words "as well as organs of the judiciary".
S. 5. article 16 (2), same laws is hereby repealed.
S.
6. section 17 of the same statutes, inserted by the Act of 16 June 1989 and amended by the laws of the 19 July 1991, August 4, 1996 and 25 May 1999, the following changes are made: 1 ° in the § 1, the following changes are made: has) in paragraph 1, the words "article 14, § 1" are replaced by the words "article 14, §§ 1 and 3";
(b) subsection is supplemented by the following paragraphs: "when the applicant requests the suspension of the execution, it must opt either for a suspension in extreme urgency, for ordinary suspension.
Under penalty of inadmissibility, it cannot, either simultaneously or consecutively, again apply paragraph 3, either ask again the suspension in the request referred to in § 3.
By derogation from paragraph 5, without prejudice to the provision of § 3, the rejection of the request for suspension under the urgency procedure does not prevent the applicant to later introduce an application for suspension according to the ordinary procedure, when this suspension extremely urgent request was rejected on the grounds that the extreme urgency is not sufficiently established. »;
2 ° the § 2, paragraph 2 is supplemented as follows: 'and are not more likely to review.';
3 ° § 3, paragraph 1 is replaced by the following provision: "except in the case of extreme urgency, the request of suspension and the action for annulment must be brought by one and the same Act.
In the title of the application, it is appropriate to mention that an action for annulment, either an application for suspension and annulment is introduced. If this formality is not satisfied, it will be deemed that the query has only an action for annulment.
As soon as the action for annulment is introduced, an application for suspension introduced later is not admissible, without prejudice to the possibility for the applicant to introduce, in the manner referred to in this article, a new action for annulment accompanied by a request for suspension, if the appeal period has not yet expired. »;
4 ° § 4 is supplemented by the following paragraph: «the King determines in the rules of procedure referred to in article 30, cases where, after it was held by interim at the request of suspension judgment, the member designated by the Prosecutor's Office must not establish new report, and the rules that must be followed in this regard.»;
5 ° to § 6, paragraph 2, the second sentence is deleted.
S. 7 in article 19 of the same laws, amended by the acts of 24 March 1994 and may 25, 1999, the following changes are made: 1 ° paragraph 2 is supplemented as follows: 'When this condition is not fulfilled, the limitation periods shall take courses four months after the person became aware of the Act or decision to individual scope.';
2 ° article is supplemented by the following subparagraph: "an appeal in cassation may be introduced without the assistance of a person referred to in paragraph 3, which must sign the request.".
S. 8. article 20 of the same laws, repealed by the law of 24 March 1994, is restored in the following wording: «§ 1.» The appeal in cassation, referred to in article 14, § 2, is treated when it is declared admissible pursuant to § 2.
§ 2. Each appeal in cassation is, as soon as it is brought to the role, and on the basis of the application and the record of the proceedings, immediately submitted to the admission procedure.
The appeal in cassation for which the Council of State is incompetent or without jurisdiction or which are irrelevant or clearly inadmissible are not declared eligible.
Are only declared eligible the appeal in cassation who invoke a violation of law or violation of a rule of form, either substantial or prescribed on pain of nullity, provided that the plea by the action is not manifestly unfounded and that this violation is actually nature such that it can lead to the quashing of the disputed decision and could influence the scope of the decision.
Are also declared eligible, appeals to the Supreme Court for which the Council of State is not incompetent or without power of jurisdiction to rule on the appeal in cassation or who are not irrelevant or clearly inadmissible and whose examination by the section is necessary to ensure the unity of jurisprudence.
§ 3. The first President, the President, the speaker of House or Councillor of State having at least three years of seniority of rank designated by the head of the body which is responsible for the administration section, pronounce, by order, within eight days from the receipt of the record of the Court on the admissibility of the appeal in cassation, without a hearing and without hearing the parties. Immediately after receipt of the request, the clerk in head request communication of the record of the jurisdiction to the administrative jurisdiction whose decision is challenged by an appeal in cassation. The Court communicates the folder within two working days of the request for communication to the Council of State.
Order denying the admissibility of the appeal reasons succinctly the denial.
The order is directly served on the parties to the Supreme Court in the manner established by a royal decree deliberated in the Council of Ministers. This royal decree can also determine the cases in which a notification to the administrative authorities concerned referred to in article 14, § 2, of the device as well as the object just as well as the form and the conditions under which this notification is made and the manner in which these orders are fully accessible to this part.
No opposition, or third-party proceedings cannot be brought against orders made under this provision, which are not more likely to review.
§ 4. The cassation procedure is engaged when the appeal in cassation is declared eligible under this provision. The Chamber before which the action is during pronounce on the appeal in cassation within a period of six months following the order referred to in § 3.
§ 5. The King determines, by a decree deliberated in the Council of Ministers, the procedure for examination of the admissibility of cassation referred to in this article. ».
S. 9 article 21, paragraph 6, same laws, replaced by the law of October 17, 1990, the words "or when the communication according to which article 17, § 4, last paragraph, been applied" are inserted after the words "auditor's report".
S. 10. article 21bis of the same laws, replaced by the law of May 25, 1999, is supplemented by the § following: "§ § 3 3» If one who has an interest in the solution of the case comes within the framework of an application for suspension which has been introduced, in accordance with article 17, § 3, paragraph 1, in the same Act that the action for annulment, this motion to intervene applies both to the request of suspension for the action for annulment. ».
S. 11. article 23, paragraph 1 of the same laws is replaced by the following subparagraph: "the administration section corresponds directly by mail with all authorities and administrations as it considers necessary.".

S. 12. in the same laws, section 24, as amended by laws of October 17, 1990 and August 4, 1996, is supplemented by the following paragraph: "if it appears, after the application of paragraph 2, that the conclusions of the report are insufficient to resolve the dispute, in its judgment, the Chamber may load the auditor's Office, as appropriate, of the consideration of means or exceptions specified , or the subsequent consideration of the matching use of a measure of inquiry she ordered in its judgment.
».
S. 13 in article 25 of the same laws, amended by the law of May 27, 1974, the following changes are made: 1 ° 1st paragraph is replaced by the following subparagraph: "If there is place in investigation, section directs that it be process either at his hearing, by the Member of the Council of State, or by the relevant Member of the auditor designated by the auditor general.
The auditor general or member of the auditor's Office designated by him may perform ex officio the duties of instruction.
»;
2 ° in paragraph 2, the words "or the auditor general" are inserted after the words 'The Chamber';
3 ° in paragraph 3, the word "Frank" is replaced by "EUR".
S. 14. article 27 of the same laws, amended by law of August 4, 1996 and may 25, 1999, of which the first two paragraphs form paragraph 1, is supplemented by the following paragraph: "§ § 2 2» The president of the Chamber of the Council of State from whom the appeal from a judgment

the Council of litigation of foreigners is during, or Councillor of State designated by him, may, ex officio or at the request of one of the parties, order that the matter be considered closed.
It can also order it when the administrative record contains parts that are recognized confidential pursuant to article 39/64 of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
Such parts may be mentioned, cited or given in any procedure, under penalty of nullity of it. ».
S.
15 in article 28, the same laws, the following changes are made: 1 ° paragraph 2 is replaced by the following subparagraph: "interlocutory or definitive cessation is brought to the attention of the parties in the manner established by a royal decree deliberated in the Council of Ministers. This royal decree can also determine the circumstances in which a notification to the administrative authorities concerned referred to in article 14, the device and the object of the judgment is sufficient, as well as the form and the conditions under which this notification limited to the parties can take place and the way in which these cases are accessible to this part in their full text version. »;
2 ° in paragraph 3, the words "and orders referred to in article 20 § 3" shall be inserted between the words "Stops" and the words "Council of State".
S. 16A article 29, paragraph 1 of the same laws, amended by law of August 4, 1996 and on 25 May 1999, the number "10", shall be deleted.
S.
17 in article 30 of the same statutes, as amended by the laws of 18 April 2000 and August 2, 2002, the following changes are made: 1 ° in the § 1, paragraph 2, the words "as well as the rights of stamp and registration" shall be deleted;
2 ° the § 1, paragraph 2, is completed as follows: «it regulates to pay costs and expenses;
It determines the cases in which the parties or their lawyers may jointly decide that the cause should not be treated in a public meeting.
If, pursuant to paragraph 2, the cause is not treated in a public meeting, the auditor's Office will not notice; ";
3 ° the § 1 is supplemented by the following paragraph: ' by way of derogation from paragraph 2, the King may, by Decree deliberated in the Council of Ministers, set a shorter limitation period of the appeal in cassation referred to in article 14, § 2, although it can count less than fifteen days. ';
4 ° to § 2, paragraph 1, the words "manifestly inadmissible, manifestly based or manifestly founded" are replaced by the words "or who call that succinct discussions";
5 ° § 2, paragraph 2, is repealed.
6 ° § 3 is replaced by the following provision: "§ § 3 3» The administration division may, under an expedited procedure defined by a royal decree deliberated in the Council of Ministers, cancel the Act or the regulations if the opposing party or one who has an interest in the resolution of the dispute does introduce no request for continuation of proceedings within a period of 30 days from the notification of the auditor's report in which the cancellation is proposed , or, if it is provided for under article 17, § 4, of the communication in which the cancellation is proposed. »;
7 ° article is supplemented by the following paragraphs: "§ § 5 5.» Give rise to the payment of a stamp duty of EUR 175: 1 ° the applications instituting proceedings to apply for compensation for the reparation of exceptional damage caused by an administrative authority;
2 ° the applications instituting proceedings for annulment against the acts and regulations of the various administrative authorities or appeal in cassation, as well as requests for suspension of the execution of an act or regulation of an administrative authority, under the conditions laid down in paragraph 2;
3 ° queries in opposition, third-party or revision.
When the suspension of the execution of an act or regulation of an administrative authority is requested, the fee specified in paragraph 1, 2 °, is paid immediately as demand for suspension.
In this case, the fee for the request for cancellation is due during the introduction of a request for continuation of the procedure referred to in article 17, § 4B and is paid by the person requesting the continuation of the proceedings, without prejudice to § 6.
When the Council of State is seized of a request for suspension and a motion to quash, and in accordance with the procedure referred to in § 2, considers that the application is without object, or when the request has been closed in accordance with the procedure of the succinct discussions referred to in § 2, the motion to quash does not give rise to the payment of the fee.
When hearing an application for suspension and a request for annulment, and that during the suspension, the Council of State the applicant disclaims, or when the contested measure is removed so that there is more need to adjudicate, the State Council may pronounce by one and the same judgment on the request of suspension and the motion to quash without having introduced a request for continuation of proceedings , and the fee is associated is not due.
In the event of collective motion to quash, those applicants who have not requested the suspension must, under penalty of inadmissibility, immediately, pay the fee due for the motion to quash.
§ 6. Give rise to the payment of a stamp duty of 125 euro, requests for intervention submitted regarding disputes referred to in § 5, paragraph 1, 2 °.
If application is made of article 21bis, § 3, the fee referred to in paragraph 1 shall be paid only once. This tax is paid immediately upon introduction of the request for intervention referred to in article 21bis, § 3.
If a person with interest in the resolution of the dispute under the suspension procedure was admitted as an intervener in the request for suspension, the introduction by that party of an application for continuation of proceedings as referred to in article 17, § 4B, does not give rise to the payment of a fee.
§ 7. Collective motions give rise to the payment of the fee as many times there are applicants.
§ 8. Except the notifications made pursuant to the order referred to in §§ 1 to 3, the issuance by the Registrar of a shipment, a copy or an extract signed or unsigned, gives rise to the payment of a fee of 50 cents per page, to be calculated in accordance with the provisions of articles 273 and 274 of the Code of registration fees, mortgage and registry.
§ 9. The King determines by order deliberate in Council of Ministers, the mode of collection of taxes referred to in §§ 5-7 and 9. ».
S.
18. at article 33 of the same laws, the following changes are made: 1 ° to the paragraph 1, the words "and orders referred to in article 20 § 3" are each time inserted after the words "stops";
2 ° to paragraph 3, the words "or order referred to in article 20, § § 3 3' are inserted after the words"the stop"."
S. 19 article 37 of the same laws, restored by the law of February 17, 2002, the following paragraph is inserted between paragraphs 1 and 2: "If the Council of State considers, after an appeal in cassation has been declared inadmissible in accordance with article 20, that the fine referred in paragraph 1, is justified, another Member of the Council of State that the Member of the Council of State took the decision of inadmissibility fixed therefor a hearing to a date close. ''
S. 20. article 51 of the same laws and article 51bis of the same laws, inserted by the Act of 9 August 1980 and amended by the laws of 31 December 1983 and June 16, 1989, are hereby repealed.
S. 21A article 53, paragraph 1, of the same laws, amended by the Act of 25 May 1999, the words "requests for opinions" and the number "10" are deleted.
S. 22. in article 63 of the same laws, as amended by laws of June 16, 1989 and August 4, 1996, the words "notices issued in implementation of article 10 and" are deleted.
S.
23. article 66 of the same laws is supplemented by the following subparagraph: ' by way of derogation from paragraph 1, the refugee applicant must, under penalty of inadmissibility, introduce his appeal and other procedural documents in the language determined during the introduction of the application for asylum in accordance with article 51/4 of the Act of 15 December 1980 on access to the territory, residence. the establishment and removal of foreigners. » .
S. 24. in chapter I of title VII of the same laws, sections 69 to 74, form a section 1, entitled as follows: «Section 1st.»
General provisions".
S. 25A article 69 of the same laws, as amended by the laws of April 18, 2000, and January 14, 2003 April 2, 2003, the following changes are made: 1 ° to 1 °, figures "twelve" and "thirty" are replaced respectively by "fourteen" and "twenty-eight".
2 ° to 4 °, the words "including a computer clerk" are deleted.
S. 26A section 70 of the same laws, amended by law of October 17, 1990, on 24 March 1994, may 6, 1997, 8 September 1997 and 22 March 1999, the following changes are made: 1 ° in § 1, the following subparagraph is inserted between the first and the second paragraph: 'the Assembly of the Council of State may organize a selection test in the manner that it determines.';
2 ° the § 1, paragraph 8, which becomes article 9 is hereby amended as follows: "without prejudice to the provision of article 11, the appointment is made on the basis of the list submitted by the Council of State when the time limit under this paragraph is came to an end. »;
3 ° to § 2, paragraph 1, the words "doctor or law degree" shall be replaced by the words "doctor, licensee or master in law";
4 ° § 2, paragraph 1, 4 °, is completed

with the following words: "or be a member of the Council of litigation of foreigners referred to in article 39(1) of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners;";
5 ° § 3 is repealed;
6 ° § 4 is replaced by the following provision: "§ § 4 4» State Councillors are appointed for life. The first president, the president and the presidents of Chambers are designated in these functions among the Councillors of State conditions and in the manner determined by the present laws. ».
S. 27A article 71 of the same laws, amended by law of October 17, 1990, on August 4, 1996, may 6, 1997 and may 25, 1999, the following changes are made: 1 ° in the § 1 paragraphs 1 and 2 are replaced by the following: "Deputy Auditors and Deputy referenda are appointed by the King on a list indicating the order of their ranking in a competition which the Council of State determines the conditions. The jury to examine candidates includes two members of the Council of State, the auditor general or the assistant auditor general and a first auditor designated by him as well as a stranger to the institution. Members of the Council of State and the foreign institution person are appointed by the General Assembly of the Council of State.
The members of the auditor's office are designated by the auditor general or auditor general Assistant, as the case may be. The period of validity of the contest is three years.
To be admitted to the competition referred to in paragraph 1, the candidate must have 27 years, being doctor, licensed or master in law and then to have acquired relevant professional experience of legal nature of three years.
In case of dispute, the jury decides admission to the examination. »;
2 ° to § 2, the following changes are made: has) to paragraph 1 (a)), the words "or the auditor general Assistant as appropriate" shall be inserted between the words "auditor general", and the words "Assistant Auditors";
((b) in paragraph 1 (b)), the words "or President as appropriate" shall be inserted between the words 'first president', and the words "the referendum Assistant";
(c) in paragraph 2, the words "or president as appropriate" shall be inserted between the words "first president", and the words "or of the auditor general".
3 ° to § 3, including the existing text will be the paragraph 1, the following changes are made: a) to the paragraph 1, the word "Are" is replaced by the words "May be" in the introductory sentence.
(b) § shall be supplemented by the following paragraphs: "the appointment referred to in paragraph 1 is made on assent, respectively the auditor general or the Deputy auditor general, the responsible head of the section of legislation and the Coordination Office.
The listener or the referendum which, during the last periodic assessment preceding the notice referred to in paragraph 2, has been awarded the final 'insufficient' as a definitive assessment evaluation, cannot be named. »;
4 ° § 3A, 3B and 4 are repealed;
5 ° to § 5 the following changes are made: a) to paragraph 1, the words "and the Deputy auditor-general" shall be inserted between the words "auditor general" and the word "peut" and the word "may" shall be replaced by the word "may";
(b) in paragraph 2, the words "or the auditor general Assistant as appropriate" shall be inserted between the words "auditor general" and the words "or the first President" and the words "or President as appropriate" shall be inserted between the words "first president" and the word "respectively".
S.
28A article 72 of the same laws, amended by law of October 17, 1990, 19 July 1991, August 4, 1996 and 25 May 1999, the following changes are made: 1 ° the § 1, paragraph 2, 3 °, is supplemented by the words "or member of the Council of litigation of foreigners registry referred to in article 39/4, paragraph 2 , of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners. »;
2 ° the § 1, paragraph 4, is supplemented by the words "or if they have been appointed members of the Council of litigation of foreigners registry referred to in article 39/4, paragraph 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and expulsion of foreigners";
3 ° §§ 2 and 3 are repealed.
S. 29. in the same laws, an article 73/1 is inserted after article 73, worded as follows: «art.» 73/1. The first president determines, in consultation with the president, if he takes responsibility for the section of legislation and the Coordination Office or the administration section, so what a commander justifying knowledge of the French and Dutch language still is responsible for the legislation section. The other holder of the mandate of head of body therefore has the responsibility of the other section. The two chefs de corps shall consult to determine whether the exercise of their competencies in this area have an influence on their respective competences.
The designation of the members of the administrative staff and the distribution of the means made available is carried out by the first president under its management plan, in close consultation with the Chairman and the heads of bodies of the Prosecutor's Office.
The first president shall communicate to the Minister of the Interior the distribution of tasks in accordance with this provision.
».
S. 30. There shall be inserted in Title VII, chapter I of the same laws, after article 74, section 2, comprising articles 74/1 to 74/6, as follows: Section 2. The designation and the exercise of warrants sub-section 1. -Mandates s. 74/1.
The mandates of Chief of corps and Deputy mandates are mandates to the Council of State.
Exercise the mandate of Chief of corps, first president's mandate holders, president, general auditor and deputy auditor general.
Exercise the Deputy mandate, the mandate of president of Chamber holders, first auditor head of section, of first referendum section chief and Chief Clerk.
S. 74/2. § 1. To be designated first president or president, the candidate must be named for at least eleven years as holder of function within the meaning of article 69, 1 ° to 3 °, including at least five years as Councillor of State.
At the time of the opening up of the mandate of commanding officer, the candidate must have at least five years lower than the age limit referred to in article 104. This age limit is not applicable in the case of renewal of the mandate of Chief of corps.
§ 2. No person may be appointed auditor general unless he is deputy general auditor, first auditor head of section or first auditor.
No person shall be appointed deputy general auditor unless he is first auditor head of section or first auditor.
At the time of the opening up of the mandate of commanding officer, the candidate must have at least five years lower than the age limit referred to in article 104. This age limit is not applicable in the case of renewal of the mandate of Chief of corps.
§ 3. To be appointed president of the Chamber, the candidate must be appointed for at least three years as Councillor of State.
At the time of the actual opening of the Deputy mandate, the candidate must have at least three years less than the age limit referred to in article 104. This age limit is not applicable in the case of renewal of the Deputy mandate.
§ 4. Without prejudice to the application of article 71, § 1, paragraph 5, the first listeners section heads and the first referendum section heads are appointed from among the first listeners and the first referendum.
At the time of the actual opening of the Deputy mandate, the candidate must have at least three years less than the age limit referred to in article 104. This age limit is not applicable in the case of renewal of the Deputy mandate.
§
5. To be appointed Chief Registrar, the candidate must: 1 ° be thirty years of age;
2 ° having managed one of the following tests: a) the contest's legal Secretary at the Court of arbitration;
(b) the assistance of legal Secretary at the Court of cassation;
(c) the contest of Deputy auditor or referendum Deputy to the Council of State;
(d) the examination of professional competence provided for in article 259a of the Judicial Code).
(e) the competition for admission to the judicial stage referred to in article 259quater of the Judicial Code).
(f) the examination to the rank of recruitment of level 1 qualification "lawyer", for the administrations of the federal authorities, the communities and regions and for the public interest organizations that depend on as well as for the Court of arbitration services and the services of the Council of State;
g) grade of recruitment of substantive examination, qualification "lawyer", for the legislative chambers and parliaments of community and region;
3 ° have relevant experience of at least three years.
At the time of the actual opening of the Deputy mandate, the candidate must have at least three years less than the age limit referred to in article 104. This age limit is not applicable in the case of renewal of the Deputy mandate.
Subsection II. -Procedure for the designation of the article mandates 74/3. § 1. The corps leader mandate-holders are appointed by the King for a term of five years, which may be renewed once.
After the expiration of each period of ten years, the head of body function is declared vacant right. Under penalty of inadmissibility, can only introduce their candidacy, function holders who demonstrate, by their degree, they spent examining doctor, degree or master's degree in law in the other language, the french or the Dutch than the corps leader

sitting previously. The Chief of corps sitting can compete for the mandate declared vacant its linguistic role.
The first president and the president take their mandate on the same day. The ten-year period referred to in paragraph 2 shall commence this day. The same rule applies to the general auditor and deputy auditor general mandates.
§ 2. Candidates join nomination papers a management plan. The King may determine subject to this plan.
The General Assembly of the Council of State means office candidates.
The General Assembly of the Council of State proceeded, after having considered the admissibility of the applications and have compared titles and merits of candidates, the reasoned submission explicit of a candidate for the vacant mandate of Chief of corps.
It communicates this presentation motivated as well as all applications and their assessment to the Minister of the Interior.
The candidate nominated by the General Assembly of the Council of State may be appointed by the King as the head of body. The King shall take its decision within a period of two months from the receipt of the submission. In the event of refusal, the General Assembly of the Council of State has, upon receipt of this decision, a period of 15 days to make a new presentation, in accordance with the rules referred to above.
If, after the new format, the King takes a second decision of refusal within a period of two months from the receipt of this new presentation, shall be made in accordance with paragraph 4, unless the same candidate has been presented. In the latter case, the Council of State must present another candidate or decide to start from the first appointment procedure.
§ 3. Between the third and the second month before the end of the mandate of corps commander, the commanding officer may request the General Assembly to renew the mandate. He joined this demand management plan and a report on the exercise of the previous mandate.
The General Assembly of the Council of State evaluates renewal application and decides whether the mandate should be renewed. The decision not to renew implies ipso jure the declaration of vacancy of the mandate.
If it is a mandate of head of body to the auditor's Office, the meeting referred to in paragraphs 1 and 2 is referred to as body meeting. For the purposes of this paragraph, the meeting of body is composed of the first listeners heads of section, the first listeners and listeners in the linguistic role in which the mandate is to be renewed.
In the event of non-renewal of the mandate of head of body, the person concerned resumes, at the end of it, the exercise of the function or the mandate to which he was appointed or designated as last amended, where appropriate, in excess. When the person concerned has not been appointed to the mandate which it resumed the exercise, it is considered that has been designated for this purpose to the whole of the period for which the warrant had been granted.
The mandate of Chief of corps which is not renewed or which, in application of § 1, paragraph 2, is declared vacant by right, continues however to the moment where the new head of body the mandate without that this period does not exceed nine months from the notification of the decision of non-renewal or the date of the vacancy.
If mandate-holder served twice on the same mandate of commanding officer, it benefits during the two years following the end of the second term of the mandate of the compensation allocated to the Chief of corps and increases and benefits that are linked, unless it resumes a mandate of head of body which is bound to a higher processing.
§ 4. Before the expiration of the term, the holder of the mandate of Chief of corps can put its mandate provided by registered letter to the post or against acknowledgement of receipt, addressed to the Minister of the Interior.
It is however put the mandates of commanding officer at the time where the new corps leader resumes the mandate without that this period does not exceed nine months from the receipt of the provision. This period may be reduced by the King on a reasoned request from the person concerned.
The provisions of § 3 paragraph 3, shall apply to the Chief of corps which provides early leader's body.
The holder of the mandate of head of body that puts at disposal before the expiration of the term can no longer apply for a mandate of head of body for a period of two years from the day where he actually renounced its mandate. For the purposes of this provision, the designation of a Chief's body for another term, Chief of corps is not considered early provision of the mandate of Chief of corps.
§
5. When the mandate of commanding officer is vacant before the expiry of the period referred to in the § 1, paragraph 2, only people who belong to the same linguistic role that the corps leader whose mandate of commanding officer ended early may, under penalty of inadmissibility, to apply.
The duration of the mandate of the head of the person who, pursuant to paragraph 1, is designated head of body, is, by way of derogation to the § 1, paragraph 1, limited to the remainder of the term which ended early.
If, at the time of the actual vacancy of the term first president or auditor general, less than one year must still elapse until the end of the reporting period in the § 1, paragraph 2, the president or the deputy general auditor replaces the first president or the auditor-general in the exercise of its mandate for the remaining period of the current mandate.
If the effective vacancy of the mandate referred to in the preceding paragraph concerning the mandate of president or deputy general auditor, it will be replaced by the president of the Chamber or the first auditor head of Division on the basis of the seniority of the same linguistic role service.
The replacement referred to in paragraphs 3 and 4 shall end right at the time of the appointment of a new mandate holder.
S. 74/4. § 1.
The Deputy mandate holders are designated as follows: 1 ° Chamber presidents are appointed by the General Assembly among its members;
2 ° the first listeners section heads are appointed by the King with the assent of the auditor general or the Deputy auditor general, as the case may be;
3 ° the first referendum section heads are appointed by the King with the assent of the first president or the president if the latter is responsible for the legislation section.
4 ° the Chief Clerk is appointed by the King, on the advice of the first president and the president.
§
2. Deputy mandates designations are valid for a period of three years which may be renewed after evaluation. After nine years of exercise of the function, mandate-holders concerned are, after assessment, identified definitively in this mandate by the appointing authority of the power of appointment.
If it is made under article 71, § 1, paragraph 5, the Deputy mandate lasts, by way of derogation from paragraph 1, limited to the remaining part of the mandate started.
§
3. In the event of non-renewal of the Deputy mandate, the person concerned resumes, expiry, the exercise of the function to which he was appointed Finally, where appropriate, in excess.
If no holder of function has been appointed to the mandate of clerk in Chief, in the event of non-renewal, the person concerned is appointed as clerk, if any surplus, while article 72, § 1, either application.
§ 4. Before the expiration of the term of the mandate, the holder thereof may make it available by registered letter to the post office or addressed to the Minister of the Interior against acknowledgement of receipt. It is however put end to mandate only after the expiry of a period of nine months from the receipt of the provision. This period may be reduced by the King on a reasoned request from the person concerned.
The provisions of § 3 shall apply to the holder of service which offers its mandate before the expiry of the term and that assumes no other mandate.
S. 74/5. The exercise of a mandate of head of body is incompatible with the exercise of a Deputy mandate.
If the holder of a Deputy mandate takes over a term of Chief of corps during his tenure, his deputy mandate becomes actually vacant agenda for the resumption of the mandate of Chief of corps.
Sub-section III. -For the exercise of the mandate s. 74/6. § 1.
The holder of a warrant of commanding officer shall annually prepare an activity report in which are shown the implementation of its management plan and its evaluation.
-Where appropriate, this report contains adaptations to be made to the plan, indicates the needs and proposals to improve the functioning of the Council and the judicial backlog.
The first president consolidates these reports into a single report and transmits it before 1 October the Minister of the Interior.
The King may lay down rules for the application of this provision, as well as the content of this activity report.
§ 2. The first president joined its activity report referred to the § 1, the following data concerning the past judicial year: 1 ° by litigation or according to the nature of the requests for opinions, statistics showing the number of new cases during this period as well as the number of cases settled by final judgment or opinion during the same period. The report also mentions the total workload of the sections, the evolution of this reserve of labour also measured based on the number of filings or opinions by the auditor's Office;
2 ° the evolution: -.

cases pending and the backlog, including the procedure of admissibility of the appeal in cassation;
-the framework of personnel and occupation of the workforce;
-logistical means;
-the workload;
The data referred to in paragraph 1, 1 °, relating to the first six months of the current judicial year are also provided before 1 April of the current judicial year.
The Minister of the Interior determines the standardized form that activity reports should be written. ».
S. 31. it is inserted in Title VII, chapter I, same laws, section 3, comprising articles 74/7 to 74/12, as follows: Section 3. -The evaluation of the members of the Board, the auditor's office and the Office for Coordination sub-section Ire. -Provisions general article
74/7. § 1. With the exception of the chefs de corps, members Council, the Prosecutor's Office and the Coordination Office are subject to a written, descriptive assessment and reasoned, which is either periodic when there is an appointment or an assessment of the mandate Assistant.
These evaluations are carried out within thirty days following the expiry of the time limits provided in this section.
Periodic assessment does not mention final, unless the evaluator considers that the assessed merit an 'insufficient' mention. The evaluation of the mandate-holders may give rise to a 'good' or 'insufficient' assessment.
§
2. The assessment is carried out on the basis of criteria covering the personality as well as intellectual, professional, and organizational, capability including the quality of the services provided and without prejudice to the independence and impartiality of the function holder.
The King determines, on a reasoned proposal from the first President and the auditor general, each as regards its powers, and the General Assembly was heard, evaluation criteria, taking into account the specific nature of the functions and mandates, and sets detailed rules for the application of these provisions.
§
3. The evaluation is preceded by an interview of planning between the rated and the evaluator. One or more interviews of operation may take place during the evaluation cycles.
The evaluator prepares a draft evaluation, which may already have, where appropriate, a proposal for final evaluation 'insufficient'. This project is, before the assessment interview, release to the rated against acknowledgement of receipt dated. It may possibly still be adapted on the basis of this interview. At the end of it, the evaluator gives a provisional statement.
The first president or the auditor general, depending on whether it is a member of the Board, the Coordination Office or the auditor's Office, sends a copy of the interim evaluation to the person concerned against proof of dated receipt or by registered mail with acknowledgement of receipt. If the person concerned does not written comments on this interim evaluation in the time limit set in paragraph 4, it becomes final upon expiry of this period.
The person concerned may, under penalty of forfeiture, within a period of ten days from the notification of the interim evaluation, address his remarks written, however accused of dated receipt or by registered mail with acknowledgement of receipt letter, respectively to the first president or the auditor general, which joined the original to the EIA documentation and send a copy to the assessor.
Within thirty days of receipt of the copy of these observations, it carries out a written and final assessment in which it responds to these comments in writing. Within ten days of receipt of the final evaluation, the commanding officer transmits a copy to the person concerned against proof of dated receipt or by registered mail with acknowledgement of receipt letter.
§ 4. A person who is pursuant to § 3, paragraph 4, can appeal against the final assessment within a period of ten days from the notification of the final assessment, under penalty of forfeiture, with: 1 ° a commission assessment consisting of the first president or president as appropriate and the presidents of Chambers of the same linguistic role as the person who , at first instance, did not to the members of the Council and the Office for Coordination assessment;
2 ° to a panel composed of the auditor general or auditor general Assistant as appropriate and first listeners section heads of the same linguistic role as the person who in the first instance, not proceeded to assessment related to the members of the auditor's Office.
The appeal is filed against acknowledgement of receipt dated or sent by registered letter to mail to the attention of the first president or, with respect to the members of the auditor's Office, to the attention of the auditor general. A petition submitted timely suspends execution of the final assessment.
The assessment referred to in paragraph 1 of the Board hears the person concerned, if the latter has made the request in his appeal. It has a period of 60 days from the receipt of Appeal respectively by the first president or the auditor-general to make a final decision based on the evaluation.
§ 5. The assessment records are kept by the first president with regard to the members of the Council and of the Coordination Office, and by the auditor general with respect to the members of the auditor's Office. Assessments are confidential and can be accessed at any time by the parties concerned. They are kept for at least ten years.
During each appointment, presentation or renewal of mandate, the evaluation of the last six years of the individual folder is attached to the attention of the appointing authority of the power of appointment.
§
6. The King may lay down rules for the application of this provision.
Subsection II.
-The periodic assessment s. 74/8. § 1. The periodic assessment of a member of the Council, the Prosecutor's Office or the Coordination Office takes place, for the first time, a year after swearing in the function where it needs to be evaluated and then every three years.
§
2. In regards to the members of the Council, the evaluation is conducted by the speaker of the House for which it is designated.
The evaluation of the presidents of Chambers identified definitively in accordance with article 74/4, § 2, paragraph 1, is carried out by the responsible head of section which belongs the rated. If this body Chief got his degree in the language of the evaluated and is not bilingual, he is assisted by the bilingual Chamber president the most senior in rank of those who belong to the linguistic role of the evaluated.
§
3. In regards to the members of the auditor's Office, the evaluation is performed by the first auditor head of Division.
By way of derogation from paragraph 1, the assessment of the first listeners section heads appointed definitively in accordance with article 74/4, § 2, paragraph 1, is carried out by the auditor general or the assistant auditor general.
§ 4. In regards to the members of the Coordination Office, the evaluation is performed by the first referendum section head.
By way of derogation from paragraph 1, the assessment of the first referendum section heads appointed definitively in accordance with article 74/4, § 2, paragraph 1, is carried out by the first president or the president if he is responsible for the legislation section.
If this body Chief got his degree in the language of the evaluated and is not bilingual, he is assisted by the holder of the oldest bilingual Deputy mandate in rank of those who belong to the linguistic role of the evaluated.
§ 5. If a member of the Board, the auditor's Office or the Coordination Office has obtained during a periodic evaluation, 'insufficient' final and definitive evaluation, it entails, from the first day of the month following the notification of the final assessment, the loss for six months of the last three-year increase referred to in article 3, § 1, of the law of April 5, 1955 relative to salaries of holders of a function to the Council of State magistrates and members of the registry of the Council of litigation of foreigners.
Without prejudice to paragraph 1, obtained derogations shall be suspended de jure for the period laid down in paragraph 1 in accordance with article 107, paragraph 2. No further derogation can only be obtained during this period.
In case of obtaining the 'insufficient' words, the person concerned is under a new assessment after a period of six months. If he gets a new 'insufficient' assessment, paragraphs 1 and 2 shall apply for a further period of six months.
Sub-section III. -The assessment of Deputy mandates s. 74/9.
§ 1. The Deputy mandate holders assessment takes place at the end of each period for which the mandate has been granted and no later than four months before the expiry of the period.
§
2. The presidents of Chambers is assessed by the responsible head of section which belongs the rated. If this body Chief got his degree in the language of the evaluated and is not bilingual, he is assisted by the bilingual Chamber president the most senior in rank of those who belong to the linguistic role of the evaluated.
§ 3. The first auditor head of Division mandate-holders is assessed by the auditor general or the assistant auditor general.
§ 4. The evaluation of holders of a first referendum section chief mandate is carried out by the first president or President if he is responsible for the legislation section.

If this body Chief got his degree in the language of the evaluated and is not bilingual, he is assisted by the holder of the oldest bilingual Deputy mandate in rank of those who belong to the linguistic role of the evaluated.
§ 5. If the mandate-holder gets "good" assessment, its mandate is renewed. If it gets the 'insufficient' assessment, the person concerned resumes, upon expiry of its mandate, the exercise of the function in which he was named last, possibly in excess. The first president passes to the Interior Federal Public Service a provision whereby the extension or termination of the mandate is established.
The mandate holders who are appointed permanently after nine years are subject to periodic evaluation.
Section 4. -The assessment of members of the registry subsection Ire. -The assessment of the Chief Clerk s.
74/10. § 1. The evaluation of the mandate of Chief Clerk takes place at the end of each period for which the mandate has been granted and no later than four months before the expiry of the period.
§
2. The assessment is undertaken jointly by the first president and the president according to the procedure laid down in article 74/12.
Holder referred to in paragraph 1 which is not bilingual in the sense of article 73, § 2, means a bilingual holder of a Deputy mandate that graduated in the language of the evaluated, to assist in the assessment.
§ 3. The assessment is made on the basis of criteria covering the personality as well as intellectual, professional, and organizational, capability including the quality of the services provided.
The King fixed, on the proposal of the first president and the auditor general, the evaluation criteria and detailed rules for the application of this provision.
§ 4. If the mandate-holder gets "good" assessment, its mandate is renewed. If the assessment is 'insufficient', the procedure referred to in article 74/4, § 3, is applicable. The first president passes to the Interior Federal Public Service a provision whereby the extension or termination of the mandate is established.
§
5. The holder of the mandate of Clerk Chief § 5 who is appointed definitively after nine years is subject to periodic evaluation referred to in article 74/7, including the expected consequences in article 74/8.
Subsection II. -The assessment of s. clerks 74/11. § 1.
Every two years, an evaluation of all clerks newsletter is established.
In assessment bulletin, the Chief Clerk and the speaker of House jointly express their opinion as to the value and the behavior of the Registrar, including the quality of services, using descriptive formulations, according to made.
Excluding the Chief Registrar, evaluators must justify their diploma that they have passed the exam by doctor degree or master's degree in law in the same language, the french or the Dutch, that assessed him.
Periodic assessment does not include any final evaluation, unless the evaluators consider that the assessed merit "deficient".
The King determines the modalities for the application of these provisions.
§
2. Evaluation newsletter is written for the first time between the ninth and the twelfth month of effective service.
Assessment covers the period since the last evaluation bulletin.
The Registrar may request a re-evaluation at the earliest one year after the drafting of the previous evaluation.
§ 3. If a clerk got during a periodic evaluation, 'insufficient' final and definitive evaluation, it entails, from the first day of the month following the notification of the final assessment, the loss for six months of the last three-year increase referred to in article 3, § 1, of the Act of April 5, 1955 to salaries of holders of a function to the Council of State magistrates and members of the registry of the Council of litigation of foreigners.
Without prejudice to paragraph 1, the derogations obtained pursuant to article 107, paragraph 2, shall be suspended de jure for the period laid down in paragraph 1. No further derogation can only be obtained during this period.
Where 'insufficient' evaluation, the person concerned is under further evaluation after a period of six months. If he gets a new 'insufficient' assessment, paragraph 1 and 2 are again application.
Sub-section 3. -The procedure for evaluating the Chief Clerk and the clerk s. 74/12. § 1.
The assessment referred to in this section is preceded by an interview of planning between the assessed and its evaluators. One or more interviews of operation may take place during the evaluation cycles.
Evaluators shall jointly prepare an evaluation project which may already have, where appropriate, a proposal for final evaluation 'insufficient'. This draft is sent to the rated against acknowledgement of receipt dated before the assessment interview and discussed it with the rated. It may possibly be adapted according to maintenance. After this interview, the evaluators jointly draft a provisional assessment.
First president shall communicate a copy of the interim evaluation to the person concerned against proof of dated receipt or by registered mail with acknowledgement of receipt letter. If the person concerned makes no remarks written on the subject of the interim evaluation by the deadline in paragraph 4, it becomes final after expiry of this period.
Under penalty of forfeiture, the person concerned may, within a period of ten days from the notification of the interim evaluation, send his written remarks, accused of dated receipt or by registered letter to the post with acknowledgement of receipt, to the first speaker, who joined the original to the EIA documentation and send a copy to the evaluators.
They write jointly, within thirty days of receipt of those comments, a final written evaluation in which they respond in writing to the comments. Within ten days of receipt of the final evaluation, the first president furnishes a copy to the person concerned against proof of dated receipt or by registered mail with acknowledgement of receipt letter.
§
2. A person who has made application of § 1, paragraph 4, may, under penalty of forfeiture, lodge an appeal against the final decision within a period of ten days from the notification of the final assessment with an evaluation commission composed of the first president, president, and presidents of Chambers.
The action is brought against accused of dated receipt or by registered mail with acknowledgement of receipt letter. An appeal lodged in time suspends execution of the final assessment.
The assessment referred to in paragraph 1 of the Board hears the person concerned, if he has requested in its appeal. It has a period of 60 days from the receipt of the appeal by the first president to take a final decision based on the evaluation.
§ 3. The assessment records are kept by the first president with regard to the Chief Clerk and the Chief Registrar with regard to the clerks. Assessments are confidential and can be accessed at any time by the parties concerned. They are kept for at least ten years.
During each appointment, presentation or renewal of mandate, the evaluation of the last six years of the individual folder is attached to the attention of the appointing authority of the power of appointment.
§
4. The King may determine the detailed rules of procedure for the application of this provision. ».
S.
32. articles 75 and 76 of the same laws form the section 5, as follows: Section 5. -Specific provisions concerning the auditor's Office".
S. 33A article 76, § 1, same laws, amended by the law of 4 August 1996 and April 2, 2003, the following subparagraphs are inserted between paragraph 1 and paragraph 2: "without prejudice to the provisions laying down specific time limits, members of the auditor's Office involved in the statement in the administration section examine primarily the appeal in cassation declared eligible as well as the action for annulment when they are not applicable. call a disclaimer or must be removed from the role.
When it appears that the use requires only brief discussions, the member designated by the auditor's Office primarily processes the request introduced.
The auditor general and the assistant auditor general are accountable, in the report of activity referred to in article 74/6, of the implementation of the requirements laid down in paragraphs 2 and 3.
The members of the auditor's Office do not participate in the examination of the admissibility of the appeal in cassation referred to in article 20. ».
S. 34. article 77 of the same laws form the section 6, as follows: Section 6. -Specific provisions concerning the Coordination Office".
S. 35. article 77, paragraph 2, same laws, replaced by the law of 4 August 1996 and amended by the laws of 25 May 1999 and April 2, 2003, is supplemented by the words "or President if he is responsible for the legislation section».
S. 36. in the same laws, a section 7 is inserted after article 77, worded as follows: "Section 7. -Specific provision concerning members of the registry arts. 77/1. The Chief Clerk is responsible for the registry Directorate, under the direction and control of the first president and president, each with regard to its powers.
The first president or the president designates, each with regard to skills and after notice of the Chief Clerk and president of concerned Chamber, the clerks who assist the speaker of House. ».

S. 37. in the same laws, a section 8 is inserted after article 77/1, entitled as follows: "Section 8. -Specific provisions".
S.
38. an article 78/1, as follows shall be inserted in the same laws: «art.» 78/1. The King determines, after reasoned opinion of the first President and the auditor general, the manner in which the workload of function holder is registered, as well as the way in which these stored data are evaluated. ».
S. 39. an article 78/2, worded as follows, shall be inserted in the same laws: «art.» 78/2. If the absence of a member of the Board, of the auditor's Office, of the Coordination Office or registry is due to a disease, the regularity of this lack may be subject respectively by the first president or president, the auditor general or the assistant auditor general or the Chief Registrar, to an inspection carried out by the Health Service administrative, which is part of the Administration of medical expertise , according to the procedures laid down in the administrative regulations of this service. ».
S.
40A article 79 of the same laws, as amended by the laws of 6 May 1982 and August 4, 1996, the following changes are made: 1 ° 1st paragraph is replaced by the following subparagraph: "the legislation section is composed of twelve members of the Council of State, and ten assessors to the maximum. It is composed of four presidents of Chamber and eight State Councillors, appointed by the first president in consultation with the Chairperson. They are chosen such as four of them justify the knowledge of the French language, four of the Dutch language, and four of the Dutch and French languages. »;
2 ° to paragraph 2, the words "members of the Council of State that are part of the administration division may be called by the first president" are replaced by the words "the first president may, in consultation with the president, call members of the Council of State that are part of the Administrative Division".
S. 41 A article 81, same laws, as amended by the laws of 6 May 1982 and on 25 May 1999, the following changes are made: 1 ° in paragraph 2, the first sentence is replaced by the following provision: «rooms are chaired by the presidents of chambers which have been designated to be part of the legislation section.»;
2 ° article is supplemented by the following subparagraph: 'the first president or the president, if he is responsible for the legislation section, seat, according to the necessities of the service, in a room of the section, that he presides over'..
S. 42 A section 83, as amended by the laws of 6 May 1982, 31 December 1983, August 4, 1996 and April 2, 2003, the first sentence is replaced by the following provision: "the first president receives the requests referred to in articles 2 to 6 and as a rule the distribution between the four rooms according to a system defined in its management plan.".
S. 43A article 85A of the same laws, inserted by the law of 13 June 1979 and amended by the Act of 6 May 1982, the following changes are made: 1 ° "first president" shall be replaced by the words "the first president or the president, if he is responsible for the section of legislation";
2 ° article is supplemented by the following paragraph: "when the auditor general is of the opinion that paragraph 1 is applicable, the first president or president, if he is responsible for the section of legislation, directs the reference to the combined Chambers.
».
S. 44. in article 86, paragraph 2, same laws, amended by the law of 18 April 2000, the words "or President if he is responsible for the administration section" shall be inserted after the words "first president" and the word "may" shall be replaced by the word "may".
S. 45A section 87 of the same laws, as amended by the laws of August 4, 1996, on 8 September 1997 and 18 April 2000, the following changes are made: 1 ° paragraphs 2 and 3 are replaced by the following: "Six members of the Council at least, namely, three Dutch and three French, examine as a priority the admissibility of the appeal in cassation referred to in article 20. The first president or the president, if he is responsible for the administration section, can adapt this number based on the needs of the service, so that the time limit referred to in article 20, paragraph 3, is always respected.
The first president or the president, if he is responsible for the administration section, determines each month the average processing time of examinations of eligibility processed in the past month. As soon as it appears that this average processing time exceeds double the time limit referred to in article 20, § 3, the first President or president, if he is responsible for the Administrative Division, takes the necessary measures to remedy this, until the average previously committed processing time again satisfies the time limit referred to in article 20, § 3, paragraph 1.
In particular, it may constitute additional chambers and designate all members or members of the administration who are responsible, section solely or partially, in priority to other materials, the processing of the appeal in the procedure for admission to the appeal in cassation.
The competent commanding officer shall report to the Minister of the Interior as well as to the General Assembly of the Council of State of the application of this provision.
Function holders appointed pursuant to paragraph (3), must not meet the requirement of seniority provided for in article 20, paragraph 3.
The administration division deals in priority the appeal in cassation and the action for annulment without object, for which the Prosecutor's Office considers that they call that succinct discussions, or that contain a disclaimer or that must be removed from the role. »;
2 ° to paragraph 5, which becomes paragraph 8, the words "by the first President is responsible for the section of legislation" are inserted between the words "composed" and the word "members".
S. 46. article 89, paragraph 1, as amended by the Act of 6 May 1982, is replaced by the following provision: "the Administrative Division consists of the presidents of Chamber and State Councillors, who are not appointed to be part of the legislation section. The first president or president seat, depending on the need of the service, in a room of the section, that he chairs. ».
S. 47. article 90 of the same laws, as amended by the laws of August 4, 1996 and may 25, 1999, is replaced by the following provision: «art.» 90 § 1. The Chambers of the administration division sit with three members.
They however sit as a member: 1 ° on requests for suspension and provisional measures;
2 ° recourse in cancellation or appeal in cassation which is provided for under sections 17, §§ 4bis and 4ter, 21, paragraph (2) or 26, or when the use must be declared moot, or who calls a disclaimer or must be removed from the list, or when it comes to processing requests causing that succinct discussions.
By way of derogation from paragraph 1, the president of the Chamber may ex officio, order the referral of a case to a Chamber composed of a Member where the legal complexity or the significance of the case do not oppose.
By way of derogation from paragraph 2, the president of the Chamber may, if the applicant requested so motivated in its application or ex officio, order the referral of a case to a Chamber composed of three members when the legal complexity or the significance of the case-specific circumstances so require.
§ 2. During the examination of the admissibility of the appeal in cassation referred to in article 20, the seat is always consists of a single member.
Where the holder of a mandate of president of Chamber considers that, to ensure the unity of jurisprudence in the Chamber, a cause should be treated by three judges, he ordered the reference to a Chamber composed of three members.
In order to ensure the unity of the case-law, the holder of a mandate of president of the Chamber shall inform immediately the first President or President as appropriate, cases which, according to him, should be treated by the Chambers met from the administration section. ».
S.
48 article 92 of the same laws, replaced by the law of 4 August 1996, including the two paragraphs form the § 1, the following changes are made: 1 ° in the paragraph 1, the words "First president" are replaced by the words "the first president or president";
2 ° the following subparagraph is inserted between the first and the second paragraph: "If the first president and the president consider not necessary to convene the General Assembly, president of informed Chamber room of the case. If the Chamber, after deliberation, requested the convening of the General Assembly, the first President or president if he is responsible for the administration section, is required to respond. »;
3 ° article is supplemented by the § following: "§ § 2 2» When the first President or President, after taking the opinion of the Board member responsible for the examination of the admissibility of the appeal in cassation within the meaning of article 20, believes that this review must ensure the unity of the case-law, be treated by the met of the administration section rooms, he ordered the reference to the combined Chambers. If it considers that the significance of the case so requires, it may decide, by way of derogation from the foregoing, refer the matter to the General Assembly of the administration section.
If the first president and the president feel no need to convene the met Chambers, the president of Chamber informs the Chamber

of the case. If the Chamber, after deliberation, requesting that the met rooms, the first President or president if he is responsible for the administration section, is required to respond.
».
S. 49. article 93 of the same laws, replaced by the Act of 16 June 1989 and amended by the Act of 4 August 1996, is repealed.
S. 50. an article 95bis, worded as follows, shall be inserted in the same laws: «art.» 95bis. § 1. With regard to the composition of the Chambers met of the administration division referred to in article 92, paragraph 2, the first President or president, if he is responsible for the administration section, designate each year both chambers of different languages responsible of the treatment of the appeal in cassation and whose six members thus represent rooms assembled by the administration section.
§ 2. The rooms assembled by the administration referred to in article 92, section § 2, are chaired by the president of the oldest Chamber or, failing that, by a president of Chamber appointed by the speaker of House the oldest among the advisers of States present.
Without prejudice to paragraph 1, the first President and president, is responsible for the administration section, may participate in rooms assembled by the administration section. In this case, it takes the Presidency. ».
S.
51. article 97, paragraph 1, of the same laws, amended by the Act of 16 June 1989, is repealed.
S. 52A article 102bis, same laws, inserted by the Act of 4 August 1996, the following changes are made: 1 ° to the paragraph 1, the words "for a renewable period of three years" are replaced by the words "for a renewable period of five years";
2 ° to paragraph 2, the words "level 1" are replaced by the words 'level A';
3 ° paragraph 3 is replaced by the following subparagraphs: "the administrator is in his capacity as mandate-holder, under the authority of the first president and the auditor general, each as regards its competence, responsible for administrative management of the Council of State and its infrastructure, excluding the skills covered by the Chief Registrar, under section 77/1. He is also, with regard to these skills, the day-to-day management.
Without prejudice to article 102, the first president may entrust the administrator powers which it has laid down in the administrative management of staff. Administrator confers with Chief Clerk if competencies determined in paragraph 3 may have an impact on the skills of the latter.
The administrator annually draws a progress report in which he mentioned including previous skills, as well as the impact of the evolution of the workload on the means put at the disposal of the Council of State.
This report also contains a statement of all measures which could have a budgetary impact. It shall forward that report to the first president and the auditor-general who can add their comments. The first Chairman shall forward that report to the Minister of the Interior before October 1. »;
4 ° to paragraph 4 which becomes paragraph 7, the words "the administrator processing is fixed in scale 15/1.' are replaced by the words"The King determines the monetary status of the administrator".
S. 53. an article 102ter, worded as follows, shall be inserted in the same laws: «art.» 102ter. the King, on the advice of the General Assembly of the Council of State, the auditor general and administrator, named the holder of the mandate-Deputy Director of coaching staff and the Organization and the holder of the mandate-Deputy Director of supervision of the budget and management, for a period of five years, renewable, which coincides with the beginning and end of the period during which the administrator shall perform its mandate.
Before the expiration of the term, the mandate holder can put its mandate provided by registered letter to the post or against acknowledgement of receipt, addressed to the Minister of the Interior. It is however put the mandates at the time where the new Director of coaching resumes the mandate without that this period does not exceed nine months from the receipt of the provision. This period may be reduced by the King on a reasoned request from the person concerned. The term of office of the person who is designated Director of coaching in the mandate which ended early, by way of derogation from the provisions of paragraph 1 is limited to the remaining term of office ended early.
No one can be appointed as holder of the mandate-Deputy Director of coaching staff and the organization or holder of the mandate-Deputy Director of supervision of the budget and management is it: 1 ° has not 27 years;
2 ° is not the holder of a diploma giving access to jobs of a level in the State administrations;
3 ° does not a useful experience in the field of the functional content of the Deputy mandate.
The holders of the mandates-Deputy of Director of coaching staff and the Organization and supervision of the budget and Management Director exercise their functions under the authority and direction of the administrator.
Without prejudice to the provisions of this Act, the provisions governing administrative and financial departments staff regime are applicable to holders of mandates-Deputy of Director of coaching staff and the Organization and supervision of the budget and Management Director. The King determines their monetary status. Holders of mandates-assistants must justify the knowledge of Dutch or French language other than that of their diploma. The Director of coaching must justify a diploma in another language, Dutch or French, than that of the other Director of coaching. ».
S.
54. an article 104/1, as follows shall be inserted in the same laws: «art.» 104/1. The members of the Council of State, the Prosecutor's Office, the Coordination Office and the registry that are no longer in same to fulfil their function due to a severe and permanent disability, and who did not retire, are notified by registered mail, either ex officio or at the request of the auditor general, by the first president. With regard to the first president, the warning is given by the auditor general. ».
S. 55. an article 104/2, as follows shall be inserted in the same laws: «art.» 104/2. If, in the months of warning, the Member of the Council of State, of the auditor's Office, the Coordination Office or the registry did not retire, the State Council meets in General Assembly room of the Council to decide, the auditor general or, when it comes to this, the auditor general Deputy heard, on the retirement of the person concerned.
Fifteen days at least before the date fixed for the general meeting, the person concerned is informed of the day and the hour of the meeting during which it will be heard, and was invited by the same opportunity to provide its comments in writing.
This information and this request are sent to him by registered letter with acknowledgement of receipt. ».
S. 56. an article 104/3, worded as follows, is inserted into the same laws: «art.» 104/3. The decision is immediately notified to the person concerned. If it has not formulated its observations, the decision is passed in res judicata only if it has not been formed opposition within five days from the date of the notification.
The person concerned cannot opposition where it was agreed by the General Assembly but has not filed written comments.
The opposition is admissible if it is submitted by registered letter. The notice of opposition contains, under penalty of nullity, opposition the applicant's means.
When the applicant in opposition fails a second time, a new opposition is more responsive. ».
S. 57. an article 104/4, as follows shall be inserted in the same laws: «art.» 104/4. The decision, either on the observations of the Member of the Council of State, the Prosecutor's Office, of the Coordination Office or the registry, or on its opposition, the East last spring. ».
S. 58. an article 104/5, as follows shall be inserted in the same laws: «art.» 104/5. The notifications are made by the Chief Clerk which is required to record it by a minute. ».
S.
59. article 104/6, as follows shall be inserted in the same laws: «art.» 104/6. The decision referred to in article 104/4 is sent to the Minister of the Interior within fifteen days after it is passed in res judicata. ».
S. 60. article 105 of the same laws, amended by the law of October 17, 1990, the following subparagraph is added: "For the purposes of article 8, section 1, paragraphs 2 and 4, of the general law of 21 July 1844 on Civil and ecclesiastical pensions the designations referred to in article 74/1 includes final appointments.".
S.
61. article 111 of the same laws, amended by the law of 24 March 1994, is supplemented by the following paragraphs: "the holder of a warrant referred to in article 74/1, paragraph 2, cannot be removed." The holder of a warrant referred to in article 74/1, paragraph 3, can be detached for a limited period which may not exceed the period of one year.
If the Administrator holds function, the detachment is made, by way of derogation from paragraph 2, for the duration of the mandate of the administrator.
The designation of a holder of a function to the Council of State with a mandate to the Council of litigation of foreigners, in accordance with the provisions laid down in the law of 15 December 1980 on access to the territory,

residence, establishment and removal of foreigners, implies full detachment from the function holder concerned for the duration of the mandate. In the event of renewal of the mandate, this detachment is renewed of right for the duration of the renewal. By way of derogation from paragraph 4, first sentence, they enjoy the treatment, including allowances and increases and wage supplements that are attached to the exercised mandate. ».
S. 62 A section 112, the same laws, the following changes are made: 1 ° in the paragraph 1, the words "holders of a function of the Council of State may" are replaced by the words "with the exception of holders of a mandate of head of body referred to in article 74/1, holders of a function of the Council of State can";
2 ° article is supplemented by the following subparagraph: 'by way of derogation from paragraph 4, holders of a function to the Conseil d'Etat, seconded to supranational or international institutions to carry out duties unpaid not more allowing them to carry out their functions to the State Council, continue to receive treatment attached to these functions. Article 111A is applicable.
».
S. 63A article 113 of the same laws, amended by the Act of May 6, 1982, the following subparagraph is inserted between paragraphs 1 and 2: "all holders of service designated for a mandate from the Council of litigation of foreigners in accordance with the provisions laid down in the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners. may, notwithstanding the number of seats laid down in article 69, be replaced. ».
S.
64 article 118 of the same laws, the words "of the Ministry of the Interior" are replaced leave the words "of the Interior Federal Public Service".
S. 65A article 120 of the same laws, the following changes are made: 1 ° 1st paragraph is repealed;
2 ° in paragraph 2, the word "She" is replaced by the words "The General Assembly of the Council of State".
S.
66. the heading of title VIII of the same laws is replaced by the following: ' title VIII.
-MISCELLANEOUS PROVISIONS".
S. 67. the same laws are supplemented by an article 121, worded as follows: «art.» 121. the State Council annually publishes judicial, a succinct overview of the application during the judicial year, the procedure of eligibility referred to in article 20. By a decree deliberated in the Council of Ministers, the King may determine the form and conditions of publication. ».
S. 68. the same laws are supplemented by a title IX, entitled as follows: "TITEL IX. "- MEASURES TO REDUCE THE JUDICIAL BACKLOG".
S. 69. the same laws are supplemented by an article 122, worded as follows: «art.» 122 § 1. In order to eliminate the backlog in the administration section, the figure laid down in article 69, 1 ° increased respectively from 44 to 50 and 28-34, be increased by three State Councillors by linguistic role.
These function are primarily responsible to contribute to the resorption delay in the administration section in the legal areas where the backlog is most important and who are appointed by the first president or president, if he is responsible for the administration, after consultation with the presidents section rooms concerned and in accordance with the plan to reduce the backlog referred to in paragraph 4. Without prejudice to the possible application of article 86, paragraph 2, the first president or the president, if he is responsible for the administration section, sets these holders of service one or more bedrooms given the delay in these rooms.
The functions referred to in paragraph 1, are declared vacant after the approval by the Minister of the Interior of a "plan to reduce the backlog" established by the first president in close consultation with the president. This plan identifies in a concrete way how holders of service referred to in paragraph 1 are set to work to reduce the backlog in the Council of State litigation.
It is terminated by right, the temporary increase referred to in paragraph 1 the last day of the third judicial year complete following installation of the advisers referred to in paragraph 1. This measure may be renewed by the King only once, for a period of two judicial years, after approval of a "plan to reduce the backlog" new or adapted.
§ 2. The first president or the president, if he is responsible for the Administrative Division, are in their annual activity report, report on the implementation of the additional number of advisers referred to in this provision and the progress made in the reduce the backlog in the administration section.
§ 3. Of Councillor of State, conferred pursuant to this article, are appointed in the function.
They hold the position in excess of the target date in the § 1, paragraph 4. They access full employment referred to in article 69, 1 ° when they are vacant, provided they demonstrate the linguistic knowledge required for the position vacant.
Depending on the operational requirements of the service, the first president means, in consultation with the Chairperson, State Councillors in excess for the duration as it determines in a room of one of the two sections of the Council of State. It's actually mentioned in the progress report provided for in article 74/6. ».
S.
70. the same laws are supplemented by article 123, as follows: «art.» 123 § 1. In order to eliminate the backlog in the administration section, the figure laid down in article 69 (2), is increased from 64 to 70 plus three first listeners, listeners or listeners attached by language.
These function holders are involved primarily in instruction in the administration section and are responsible to contribute to the absorption of the delay in this section in the legal areas where the backlog is most important and which are designated by the auditor general or the Deputy auditor general, each as regards its competence, after consultation with the first heads listeners concerned section and in accordance with the plan to reduce the backlog referred to in paragraph 3.
The functions referred to in paragraph 1, are declared vacant after the approval by the Minister of the Interior of a "plan to reduce the backlog" prepared by the auditor general and deputy auditor general, each with regard to skills. This plan identifies in a concrete way the manner in which the holders referred to in paragraph 1 are set to work to reduce the backlog in the Council of State litigation.
It is terminated by right, the temporary increase referred to in paragraph 1 the last day of the third judicial year complete following the installation of the members of the auditor's office referred to in paragraph 1. This can be used only once for a period of two judicial years and renewed by the King after approval of a "plan to reduce the backlog" new or adapted.
§ 2. The auditor general or auditor general Deputy, are, in their annual activity report, report on the implementation of the additional number of members of the auditor's office on the basis of this provision and the progress made in the reduce the backlog in the administration section.
§ 3. The holders referred to in paragraph 1, last paragraph, hold the position in excess. Those who, pursuant to this article, a member of the auditor's office function is granted, are named in the function. They hold the position in excess of the target date in the § 1, paragraph 4. They access full employment referred to in article 69 (2), when they are vacant, provided they bring proof of the required linguistic knowledge for the job become vacant.
Depending on the needs of service, the auditor general or the Deputy auditor general, each in relation to, refers to the clerks appointed surplus for the period he determines in a room of one of the two sections of the Council of State. It's actually mentioned in the annual report provided for in article 74/6. ».
S.
71. the same laws are supplemented by a section 124, as follows: «art.» 124 § 1. In order to eliminate the backlog in the administration section, the figure laid down in article 69, 4 ° is increased from 25 to 31, increased by three clerks by linguistic role.
The functions referred to in paragraph 1, are declared vacant after the approval by the Minister of the Interior of a "plan to reduce the backlog" in accordance with article 61, § 1, paragraph 3.
Is terminated, of right, to the temporary increase referred to in paragraph 1 the last day of the third judicial year complete following installation of the clerks referred to in the first subparagraph. This measure may be renewed by the King only once, for a period of two judicial years, after approval of a "plan to reduce the backlog" new or adapted.
§ 2. Of the Registrar function, conferred pursuant to this article, are appointed in the function. They hold the position in excess of the target date in the § 1, paragraph 3. They access full employment referred to in article 69, 4 ° when they are vacant, provided they demonstrate the linguistic knowledge required for the position vacant.
Depending on the operational requirements of the service, the first president designates in consultation with the Chairperson the clerks made redundant for the duration

It determines in a room of one of the two sections of the Council of State. It's actually mentioned in the progress report provided for in article 74/6. ».
CHAPTER III. -Amendments to the Act of March 31, 1898, on professional unions s. 72. at article 6 of the Act of March 31, 1898, on the professional unions, amended by the Decree of the Regent of August 23, 1948, the following changes are made: 1 ° 1st paragraph and the introductory phrase of paragraph 2 are replaced by the following provision: "the articles and the annexes thereto shall be deposited with the Minister that the Middle Classes. , which communicates to the direction of the Moniteur belge, for the purpose of its publication, an act in which mention is made: ";
2 ° in paragraph 4 which becomes paragraph 3, the words "ratification" are replaced by the words "the transmission of the Act referred to in paragraph 1".
3 ° paragraph 5, which becomes paragraph 4, is replaced by the following provision: "the form and the conditions of publication of the Act referred to in paragraph 1 and of the deposit of the statutes are determined by royal decree.";
4 ° in article 6, which becomes paragraph 5, the words "in paragraph 2 of this article' shall be replaced by the words" paragraph (1)".
S. 73 article 7 of the Act, the word "enshrined" shall be deleted.
S. 74. article 8, paragraph 2, of the Act, inserted by the Decree of the Regent of August 23, 1948, is hereby repealed.
S. 75. in article 15, paragraph 4, of the Act, the words "the Registrar of the Council of State" are replaced by the words "to the Minister that the Middle Classes".
S. 76 article 16, paragraph (3) of the Act, as amended by the Decree of the Regent of August 23, 1948, the second sentence is deleted.
CHAPTER IV. -Amendments to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts 77. it is inserted into the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, after article 39, a title IA, entitled as follows: "title Ibis. The Council of litigation of foreigners".
S. 78. in Title IA of the Act, there shall be inserted a chapter 1, entitled as follows: "Chapter 1. Institution and jurisdiction of the Council of litigation of foreigners".
S.
79. an article 39/1, as follows shall be inserted in the Act: «art.» 39/1. § 1. There is hereby established a Council of litigation of foreigners, hereinafter referred to as "The Council".
The Council is a single administrative jurisdiction competent to hear appeals brought against individual decisions taken pursuant to the laws on access to the territory, residence, establishment and removal of foreigners.
§ 2. The King sets the Council headquarters located on the territory of the Brussels-Capital Region.
The appropriations necessary to the functioning of the Council are entered in the budget of the Interior Federal Public Service. ».
S.
80. an article 39/2, as follows shall be inserted in the Act: «art.» 39/2. § 1. The Council shall act, by way of rulings on the appeals lodged against the decisions of the Commissioner-general for refugees and stateless persons.
The Council may: 1 ° confirm or alter the contested decision by the Commissioner general for refugees and stateless persons;
2 ° annul the decision contested by the Commissioner general to the refugees and stateless persons either for the reason that the contested decision is vitiated by a substantial irregularity which cannot be repaired by the Council because it lacks essential elements that imply that the Commission cannot conclude to the confirmation or the reformation referred to in 1 ° be provided to additional investigative measures.
By way of derogation from paragraph 2, the decision referred to in article 57/6, paragraph 1, 2 ° is likely by an appeal for annulment referred to in § 2.
§ 2. The Council acts annulment by way of judgments, on other remedies for violation forms either substantial or prescribed penalty of nullity, excess or abuse of authority. ».
S. 81. an article 39/3, as follows shall be inserted in the Act: «art.» 39/3. The Council drafts and publishes annually a report of activity of previous judicial year. This report includes an overview of pending records. ».
S. 82. in the Ibis title, of the same Act, it is inserted a chapter 2 and section Ire, entitled as follows: "Chapter 2. The Organization of the Council Section Ire. The composition of the Council".
S. 83. an article 39/4, as follows shall be inserted in the Act: «art.» 39/4. The Council is composed of thirty-two members, namely a first president, a president, four presidents of Chambers and twenty-six judges to the foreigners litigation.
The Council has a registry, which is maintained by a Registrar, assisted by eight clerks.
At the Council, there is an administrator and administrative staff.
».
S. 84. an article 39/5, as follows shall be inserted in the Act: «art.»
39/5. The mandate of Chief of corps and Deputy mandates are mandates to the Council of litigation of foreigners.
The holder of the mandate of first president has the mandate of Chief of corps.
The office of president, president of the Chamber, Chief Clerk incumbents Deputy mandate.
».
S. 85. an article 39/6 as follows shall be inserted in the Act: «art.»
39/6. § 1. The first president has the mandate of Chief of corps. He is responsible for the development of the management plan.
First president shall allocate, in close consultation with the president, the duties and activities between the president and himself on the basis of its management plan.
The first president designates the persons referred to in article 39/4 and allocates resources in accordance with its plan of management and in close consultation with the president.
The president exercises a mandate. It replaces the first president when it is prevented. The president chairs the House which he belongs and shall exercise all powers of the holder of the mandate of president of the Chamber.
When back in the processing of cases, first president shall instruct one or more rooms to hold outside the regular meetings, a special meeting within fifteen days or within the period that it determines. It has backward when the deadline set in article 39/76, § 3 and article 39/77, § 2 is exceeded.
Where justified by the needs of the service, the first president may allocate a portion of the cases assigned to a Chamber, among other rooms.
The first president and the president shall preserve the unity of the case law and take the necessary measures to this effect.
§ 2. The first president determines the composition of the Chambers.
The rooms are chaired by a president of Chamber or the president in relation to his room. If absent, the Presidency is exercised by the oldest present Council member according to the order of swearing. The first president sits in the rooms according to the needs of the service, in which case they presided over.
§ 3.
The president of the Chamber exercises a mandate. He is responsible for the Organization of the Chamber and took his leadership.
It's actually regulierementrapport the first president or president, as appropriate.
The president of Chamber ensures the preservation of the unity of jurisprudence and takes the necessary measures to this effect.
Where it considers that, in order to ensure the unity of jurisprudence in the Chamber, a case should be treated by three judges, he ordered the reference to such a place.
It communicates without delay to the first president and the president Affairs which, according to him, must be dealt with by the General Assembly in order to ensure the unity of the case law. ».
S. 86. an article 39/7, as follows shall be inserted in the Act: «art.» 39/7. The Chief Clerk is responsible for the registry Directorate and is placed under the direction and control of the first president. The first president means, in close consultation with the president and after opinion of the Chief Clerk and the president of the Chamber concerned, the staff of the registry assisting the speaker of House. ».
S.
87. an article 39/8, as follows shall be inserted in the Act: «art.» 39/8. Under the authority and direction of the first president, the administrator is responsible for the administrative management of the Council and its infrastructure, with the exception of powers entrusted to the Chief Clerk under article 39/7. He is also, with regard to these skills, the day-to-day management. Without prejudice to this competence, the first president may entrust the competences it has determined in the administrative management of staff.
Administrator confers with Chief Clerk when competencies determined in paragraph 1 may have an impact on the skills of the latter.
The administrator annually draws a progress report in which he including report on skills determined in article 2, as well as the impact of the evolution of the workload on the means put at the disposal of the Council. This report also contains a statement of all measures which may have a budgetary impact. It shall forward that report to the first president and the president who can add their comments. The first Chairman shall forward that report to the Minister before October 1. ».
S. 88. in title Ibis, Chapter 2, of the Act, it is inserted a section II, entitled as follows: "Section II.
-The rooms".
S. 89. an article 39/9, as follows shall be inserted in the Act: «»

S. 39/9. § 1. The Board consists of six rooms of which one is chaired by the president, two take knowledge of affairs in Dutch language, two of affairs in French-language and one bilingual Affairs.
The first president may call additional rooms if the number of new cases requires.
French Chambers of members justifying knowledge of the French language, become aware of all matters which must be addressed in french. The Flemish Chambers of members justifying knowledge of the Dutch language, have knowledge of all matters which must be addressed in Dutch. The bilingual Chamber, composed of members justifying knowledge of languages French and Dutch, take cognizance of cases that article 39/15 entrusted in particular.
The House of the president, composed of members who provide proof that they have passed the exam by doctor, licensee or master in law in the same language as president, either the french or the Dutch, take cognizance of matters that must be addressed in the language of his degree.
Each room is composed of at least three members.
After close consultation with the president, the first Chairman appoints the members that make up the bilingual Chamber.
In the room who, on the basis of the regulations referred to in § 2, becomes aware of German Affairs, sits a judge who, in accordance with article 39/21, § 3, provides evidence of a sufficient knowledge of German.
§ 2. The rules and regulations established by the General Assembly and approved by the King, including determines the competence of each room and the number of judges at the foreigners litigation attached thereto. It also determines the room who has knowledge of the affairs in the German language or bilingual business as well as its composition.
The regulations can be consulted at the registry and shall be published in the mode determined by the King. ».
S. 90. an article 39/10, as follows shall be inserted in the Act: «art.» 39/10. The Chambers sit to a single member.
However, they sit with three members: 1 ° in cases that are attributed to the bilingual Chamber;
2 ° when the Council is called upon to pronounce on cases returned after cassation;
3 ° when the president of Chamber, in order to ensure unity of jurisprudence, applied article 39/6, § 3, paragraph 3.
The president of the Chamber may, where the applicant requests so motivated in its application or ex officio, order that the case be assigned to a Chamber sitting with three members when the legal difficulty, the importance of the case or special circumstances so require. ».
S. 91. in title Ibis, Chapter 2, of the Act, it is inserted a section III, entitled as follows: "Section III. -The General Assembly".
S. 92. an article 39/11, as follows shall be inserted in the Act: «art.» 39/11. The General Assembly of the Council is composed of the members of the Council referred to in article 39/4, paragraph 1.
The General Assembly is chaired by the first president or, if absent, by the president. If they are all both absent, the Presidency is exercised by the president of the Chamber with the most seniority, or, where appropriate, by the judge to present foreign litigation, that presents the most seniority.
With the exception of the hearings referred to in article 39/12, the Administrator attended general meetings whenever subjects relating to its powers are set out in the agenda. With regard to these topics, he has a consultative voice. ».
S. 93. an article 39/12, as follows shall be inserted in the Act: «art.» 39/12. When the first president or president, after obtaining the opinion of the judge to charge foreigners litigation of the report for the hearing, considers that, in order to guarantee the unity of the case law, a case must be dealt with by the General Assembly, he ordered the reference to this Assembly.
If the president and the first president consider not necessary to convene the General Assembly, the president of Chamber shall inform the room. If the Chamber, after deliberation, requested the convening of the General Assembly, the first president is required to respond.
The General Assembly in this case holds a hearing with at least six members, including the president and even number.
It is composed of an equal number of members of the Board who have demonstrated by their degree they spent examining doctor, licensee or master of law on the one hand, in French, on the other hand, language Dutch.
In the event of parity of votes, the voice of one who presides the General Assembly is dominating. ».
S. 94. in title Ibis, Chapter 2, of the Act, it is inserted a section IV and a 1st sub-section, entitled as follows: "Section IV. -The use of subsection 1 languages. -The use of languages in the services of the Council".
S.
95. an article 39/13, as follows shall be inserted in the Act: «art.» 39/13. The administrative activities of the Council and the Organization of its services are governed by the provisions of the legislation on the use of languages in administrative matters that are applicable to services whose activity extends throughout the country. ».
S. 96. in title Ibis, Chapter 2, section IV, of the same Act, it is inserted a subsection 2, entitled as follows: "sub-section 2. -The use of languages by the Council bodies involved in the procedure".
S. 97. an article 39/14, as follows shall be inserted in the Act: «art.» 39/14. Unless the language of the proceedings is determined in accordance with article 51/4, the remedies are treated in the language which the legislation on the use of languages in administrative matters requires employment in their domestic services to services whose activity extends throughout the country.
If this legislation does not impose the use of a particular language, the matter will be treated in the language of the Act by which it was introduced before the Board. ».
S. 98. an article 39/15, as follows shall be inserted in the Act: «art.» 39/15. Are devolved to the bilingual chamber referred to in article 39/9, § 1, related affairs which one requires to process a different language than that which is required for others.
When the case is devoted to the bilingual Chamber, written acts of the bodies of the Council should be prepared in French and Dutch. Decisions are made in these two languages. ».
S. 99. in title Ibis, Chapter 2, section IV, of the same Act, it is inserted a subsection 3, entitled as follows: "sub-section 3. -The use of languages by the parties who appear before the Board".
S. 100. an article 39/16, as follows shall be inserted in the Act: «art.» 39/16. The parties subject to the law on the use of languages in administrative matters make use in their actions and statements of the language whose use is mandated by this legislation into their domestic services. ».
S.
101. an article 39/17, as follows shall be inserted in the Act: «art.» 39/17. Are Dummies, any query and submission addressed to the Commission by a party subject to the legislation on the use of languages in administrative matters in another language that those whose employment is imposed by this legislation.
The nullity is pronounced ex officio.
However, the hit Act of nullity interrupts the deadlines for prescription and procedure; These deadlines do not run during the proceedings. ».
S.
102. an article 39/18, as follows shall be inserted in the Act: «art.» 39/18. Parties who are not subject to the legislation on the use of languages in administrative matters may establish their acts and statements in the language of their choice.
Necessary and particularly at the request of one of the parties, a translator is appealed; translation costs are borne by the State.
By way of derogation from paragraph 1, the refugee applicant must, under penalty of inadmissibility, introduce the query and other procedural documents in the language determined at the time of the submission of the application for asylum in accordance with article 51/4. ».
S. 103. in the Ibis title, of the same Act, it is inserted a chapter 3 and section Ire, entitled as follows: "Chapter 3. -The function Section Ire. -The conditions of appointment of the members of the Council and the registry".
S. 104. an article 39/19, as follows shall be inserted in the Act: «art.» 39/19. § 1. Foreigners litigation judges are appointed by the King on a list of three names formally motivated, presented by the Council, after it has examined the admissibility of the applications and compared titles and merits of the candidates.
The General Assembly of the Council can arrange a selection test in the manner that it determines. Previously, she decides if a reserve of winners must be incorporated. The validity of the reserve list is set at two years.
The General Assembly of the Council means the candidates for office or at their request. If a selection test is organised, this hearing is limited to the only winners. To this end, it may appoint at least three members, which it will report on the hearing of those candidates.
The Council communicates its presentation as well as all nominations and the appreciation thereof, to the Minister.
The candidate first unanimously by the General Assembly of the Council, can be appointed a judge of the litigation

foreigners, unless the Minister refuses this presentation because the conditions laid down in paragraph 2 are not met.
In the event of refusal by the Minister, the General Assembly of the Council proceeded to a new presentation.
In the absence of unanimity in a presentation, j. at the foreigners litigation may be appointed among the people who appear on the list.
The Minister publishes the vacancies in the Moniteur belge, at the initiative of the Commission.
The publication mentions the number of vacancies, the conditions of appointment, the deadline of submission of applications, at least one month, and the authority to which they should be addressed.
Any presentation is published in the Moniteur belge; : it cannot be made the appointment until fifteen days after this publication.
§ 2. No person shall be appointed a judge of the foreigners litigation, has thirty-five years, is Belgian, doctor, licensee, or master in law, and if it can justify of relevant professional experience of legal nature of five years at least.
§ 3.
Without prejudice to the possibility of dismissal for professional incapacity referred to in article 39/29, the foreigners litigation judges are appointed for life.
The first president and the president and the presidents of Chambers are designated in these functions under the conditions and under the conditions determined by this law. ».
S. 105. an article 39/20, as follows shall be inserted in the Act: «art.» 39/20. The clerks are appointed by the King on two lists of candidates, presented respectively by the Assembly Council and Chief Clerk.
No one can be appointed Clerk to it: 1 ° has 25 years;
2 ° is holder of a grade of at least B level;
3 ° not demonstrated relevant experience of five years at least.
By way of derogation from the condition laid down in paragraph 2, 3 /, the clerk who shall provide, in accordance with article 39/21, § 3, proof of sufficient knowledge of the German language, may be appointed to it: 1 ° has provided evidence of at least one year of relevant experience;
2 ° can provide proof of sufficient knowledge of the German language. ».
S. 106. an article 39/21, as follows shall be inserted in the Act: «art.» 39/21. § 1. The president must justify his degree he spent examining doctor, degree or master's degree in law in the language, French or Dutch, other than that of the first president.
Half of the presidents of Chambers and half of the foreigners litigation judges must explain, by graduation, they spent examining doctor, licensee or master in law in French: the other half of each group, in the Dutch language.
Half of the clerks must belong to the french linguistic role and the other half in the Dutch language role.
§ 2. Three members of the Council at least, the Chief Clerk of the Council, and two clerks must at least justify the knowledge of the language other than that of their diploma. When the knowledge of the other language of the diploma is imposed, it must be ensured that they are not all to the same linguistic role.
The justification of knowledge of this language is made in accordance with article 73, § 2, paragraph 4, laws on the Council of State, coordinated on 12 January 1973.
The members of the Board, the registry, the administrator and the members of the administrative staff of the Council can also provide this evidence or by successfully completing the examination referred to in article 73, § 2, paragraph 5, laws on the Council of State, coordinated on 12 January 1973, either by passing a special examination. This review is passed to a Committee which is chaired by a member of the Council. The King rule the composition of this commission, the organisation of the examination and determines the matter taking into account the specific requirements of the activities of the Council. This review includes a review referred to in article 73, § 2, laws on the Council of State, coordinated on 12 January 1973.
§ 3. A judge in litigation of foreigners and a member of the registry must also justify the sufficient knowledge of the German language. Proof of knowledge of this language is made according to the mode determined in article 73 of the laws on the Council of State, coordinated on 12 January 1973, or by passing a special examination in accordance with § 2, last paragraph. This review includes a review referred to in article 73, § 3, laws on the Council of State, coordinated on 12 January 1973. ».
Where no clerk of the Council does satisfy what is foreseen in article 39/20, paragraph 3, this function is performed by the clerk of the Council of State, which provides evidence of sufficient knowledge of the German language. The latter is appointed by the first president of the Council of State, which shall communicate its decision to the first president of the Council. ».
S. 107. an article 39/22, as follows shall be inserted in the Act: «art.» 39/22. First president ready into the hands of the first president of the Council of State in person or in writing, the oath prescribed by the Decree of July 20, 1831.
The other members of the Council and the registry take this oath in the hands of the first president. ».
S.
108. in title Ibis, Chapter 3, of the Act, it is inserted a section II and a 1st sub-section, entitled as follows: "Section II. -The designation and the exercise of warrants sub-section 1. -The mandates".
S. 109. a section 39/23, as follows shall be inserted in the Act: «art.» 39/23. § 1. The first Chairman and President are appointed from among the members of the Council appointed for five years at least as a judge to the litigation of foreigners or holders of function to the Council of State referred to in article 69, 1 ° to 3 °, laws on the Council of State, details on 12 January 1973, appointed for five years at least in the supra quality.
At the time of the actual vacancy of the mandate of head body or mandate Deputy Chairman, the candidate must have at least five years younger than the age limit referred to in article 39/38. This age limit does not apply in the case of renewal of the mandate or the Deputy mandate.
»
§ 2. The presidents of Chambers are designated among the members of the Council appointed three years unless a judge at the foreigners litigation.
At the time of the actual vacancy of the Deputy mandate, the candidate must have at least three years less than the age limit referred to in article 39/38. This age limit does not apply in the case of renewal of the Deputy mandate.
§
3. The Chief Clerk is designated among the clerks of the Council appointed for three years at least as clerks or among the clerks of the Council of State referred to in article 69, 4 °, the laws on the Council of State, coordinated on 12 January 1973, appointed for three years at least in the supra quality.
At the time of the actual vacancy of the Deputy mandate, the candidate must have at least three years less than the age limit referred to in article 39/38. This age limit does not apply in the case of renewal of the Deputy mandate. ».
S. 110. in title Ibis, Chapter 3, section II, of the Act, it is inserted a subsection 2, entitled as follows: "sub-section 2. -Procedure for designation of the mandates".
S. 111. an article 39/24, as follows shall be inserted in the Act: «art.» 39/24. § 1. The holder of mandate of head body and the Deputy mandate of president are appointed by the King for a term of five years which may be renewed once.
After the expiration of each period of ten years, Chief of corps and president are declared vacant right. Under penalty of inadmissibility, may only introduce their candidacy, candidates who have demonstrated, by graduation, they spent examining doctor, licensee or master of law in the other language, the french or the Dutch, as the Chief of corps sitting previously or president, as appropriate. The Chief of corps or the president can compete for the mandate declared vacant its linguistic role.
The first president and the president begin their term on the same day. The ten-year period referred to in paragraph (2) takes courses for these mandates, this day.
§ 2. The mandate of first president candidate joined his candidacy a management plan. The King may fix the purpose of this management plan.
The General Assembly of the Council heard candidates to office.
The General Assembly of the Council proceeded, after examining the admissibility of the applications and have compared the rights and relative merits of the candidates, reasoned presentation express only one candidate for the vacant mandate. It communicates this presentation motivated as well as all applications and their assessment to the Minister.
The candidate nominated by the General Assembly of the Council, may be appointed by the King as the head of body.
The King takes a decision within two months after the receipt of the submission. In the event of refusal, the General Assembly of the Council has, upon receipt of this decision, a period of 15 days to make a new presentation, in accordance with the rules referred to above.
If the King takes a second decision of refusal within the time limit of two months from the receipt of this new presentation, shall be made in accordance with the preceding paragraph, unless the same candidate has been presented. In the latter case, the Council must submit another candidate or decide to repeat the procedure of appointment since the beginning.
§ 3. Between the third and the second month before the end

the mandate of head body or the Deputy mandate of president, the commanding officer or the president may request the General Assembly to renew the mandate. The Chief of corps attached to this application management plan and a report on the exercise of the previous mandate. The holder of the mandate of president attached a report on the exercise of the mandate elapsed.
The General Assembly of the Council evaluates the renewal application and decides whether the mandate of the head body or Deputy president's mandate should be renewed. The decision not to renew implies ipso jure the declaration of vacancy of the mandate.
In the event of non-renewal of the mandate of head body or the Deputy mandate of president, the person concerned resumes, at the end of it, the exercise of its function or the mandate to which he was named or designated in the last place, where appropriate, in excess. When the person concerned has not been appointed to the mandate which it resumed the exercise, it is supposed to have been appointed to this end for the whole of the period for which the warrant had been granted.
If it is a holder of a function to the Council of State, he resumed his function at the Council of State, regardless of the number of posts provided for in article 69 of the coordinated laws on the Council of State. Express written request no later than two months before the expiration of the mandate, it can nevertheless, if in excess, be appointed to the Board without article 39/19, § 1, or application. This appointment implies ipso jure the resignation to the State Council. In this case, it retains the treatment, increases, the complements of treatment and allowances related to the function of owner of function at the Council of State, unless that it resumes a function which is linked higher than.
The mandate of Chief of corps or mandate Deputy president who is not renewed or which, in application of § 1, paragraph 2, is declared vacant by right, not ceases however that at the time where the first President or the President will resume the mandate without this delay can count more than nine months from the notification of the decision of non-renewal or the date of the vacancy.
If the holder of the warrant exercised the mandate of head of body or the president twice, it is during the two years following the end of the second term of the mandate, of the compensation allocated to the commanding officer or the president, including the increases and benefits which are related, unless it resumes a mandate which is bound to a higher processing.
§ 4. Before the expiration of the term, the holder of the mandate may provide its mandate of commanding officer or his Deputy tenure as president by registered letter to the post or against acknowledgement of receipt, addressed to the Minister.
It is however put end to the mandate of Chief of corps or mandate Deputy president at the time where the new corps leader or president resumes the mandate without that this period does not exceed nine months from the receipt of the provision.
The provisions of § 3, paragraphs 3 and 4, shall apply to the corps leader or president who provides early mandate.
The commanding officer or the president who provides its mandate before the expiry of the term can no longer apply for a mandate of head of body or a term Assistant of Chairman for a period of two years from agenda where he actually renounced its mandate. For the purposes of this provision, the appointment of a president for a term of Chief of corps is not considered early provision of the Deputy mandate.
§ 5. When the mandate of Chief of corps or mandate Deputy Chairman is vacant before the expiry of the deadline in the § 1, paragraph 2, only those which meet the same language requirements that the corps leader or president, as appropriate, whose mandate ended early, can, under penalty of inadmissibility, to apply.
The term of office of the person who, pursuant to the paragraph 1, is designated commanding officer or president, is, by way of derogation to the § 1, limited to the remainder of the term which ended before the expiration of the term.
If, at the time of the actual vacancy of the mandate of Chief of corps, less than a year must still elapse until the end of the reporting period in the § 1, paragraph 1, the president replaces the first president in the exercise of its mandate for the remaining period of the current mandate.
If it comes to the effective vacancy of the office of president, he will be replaced by the speaker of house belonging to the same linguistic role, by order of seniority of service.
The replacement ends right when the appointment of a new mandate holder.
Replacement referred to in paragraphs 3 and 4 shall end right at the appointment of a new mandate holder. ».
S. 112. an article 39/25, as follows shall be inserted in the Act: «art.» 39/25. § 1. The Deputy mandate holders are designated as follows: 1 ° Chamber presidents are appointed by the General Assembly;
2 ° the Chief Clerk is appointed by the King, on the advice of the first president and the president.
§ 2. Deputy mandates designations referred to the § 1 shall be valid for a period of three years which may be renewed after evaluation. After nine years of function, mandate-holders concerned are designated outright in this mandate by the appointing authority of the power of appointment.
§ 3. In the event of non-renewal of the Deputy mandate, the person concerned resumes at the expiration of the exercise of the function to which he was appointed in the last place, where appropriate, in excess.
§ 4. Before the expiration of the term of the Deputy mandate, the mandate holder can make it available by registered letter at the post office or against acknowledgement of receipt addressed to the Minister. It is however put end to mandate only after the expiry of a period of nine months from the receipt of the provision. This period may be reduced by the King on a reasoned request from the person concerned.
The provisions of § 3 shall apply to the mandate-holder which offers its mandate before the expiry of the term and that assumes no other mandate. ».
S.
113. an article 39/26, as follows shall be inserted in the Act: «art.» 39/26. The exercise of a mandate of head of body is incompatible with the exercise of a Deputy mandate. The Deputy mandate of president is incompatible with the exercise of the Deputy mandate of president of the Chamber.
If the holder of a Deputy mandate accesses, during his mandate, a mandate to Chief of body or president, his deputy mandate becomes effectively vacant agenda for the resumption of the mandate of head of body or president. ».
S. 114. in title Ibis, Chapter 3, section II, of the Act, it is inserted a subsection 3, entitled as follows: "sub-section 3. -For the exercise of the mandate".
S.
115. an article 39/27, as follows shall be inserted in the Act: «art.» 39/27. § 1. The holder of a warrant of commanding officer shall annually prepare an activity report in which are particularly specified in implementing its management plan and its evaluation. -Where appropriate, this report prepared in close consultation with the Chairperson in relation to the skills of it, contains the necessary modifications to the plan, indicates the needs and proposals to improve the functioning of the Council and eliminate the legal backlog. The first Chairman shall forward before 1 October the Minister of the Interior.
The King may lay down rules for the application of this provision, as well as the content of this activity report.
§ 2. The first president joined its activity report referred to the § 1, the following data concerning the past judicial year: 1 ° litigation statistics showing the number of new cases during this period as well as the number of cases settled by final decision within the same period.
The report also mentions the volume of work;
2 ° the evolution:-pending and backlog; business
-the framework of personnel and occupation of the workforce;
-Logistics;
-of the workload.
The data referred to in paragraph 1, 1 °, for six months of the current judicial year are also provided before 1 April of the current judicial year.
The Minister determines the standardized form on the basis of which the operation reports must be written. ».
S. 116. in title Ibis, Chapter 3, of the Act, it is inserted a section III and a 1st sub-section, entitled as follows: "Section III. -The evaluation of the members of the Council subsection 1.
-General provisions".
S. 117. an article 39/28, as follows shall be inserted in the Act: «art.» 39/28. § 1. With the exception of the corps leader mandate-holders or president, the members of the Council are subject to a narrative assessment, reasoned and written, either periodic evaluation when it comes to an appointment, or an assessment of the mandate Deputy of president of Chamber and Chief Clerk.
These assessments are conducted within 30 days from the expiry of the time limits provided in this section.
Periodic assessment does not mention final, unless the evaluator considers that the assessed merit an 'insufficient' mention. The evaluation of the mandate holders may give rise to a rating of 'good' or 'insufficient'.
§
2. The assessment is carried out on the basis of criteria covering the personality as well as on capacity-building

intellectual, professional, and organizational, including the quality of services, without prejudice to the independence and impartiality of the Member of the Council.
The King determines, on the proposal for a reasoned the first Chairman and president, everyone in regards to its powers, the General Assembly heard, evaluation criteria, taking into account the specific nature of the functions and mandates, and it determines the detailed rules for the application of these provisions.
Any excess of the time limit referred to in articles 39/82, § 4, paragraph 2 and 39/85, paragraph 2, is put into the assessment file of the Member of the Council with reference to the justification.
§ 3. Evaluation is preceded by an interview of planning between the appraisee and the evaluator. One or more interviews of operation may take place during the evaluation cycles.
The evaluator prepares a draft evaluation, which may already have, where appropriate, a proposal for final evaluation 'insufficient'.
This project is, before the assessment interview, provided acknowledgement of receipt dated, in the assessed.
It can still be adapted on the basis of this interview. Following this, the evaluator drafts an interim evaluation.
First president shall communicate a copy of the interim evaluation to the person concerned against proof of dated receipt or by registered mail with acknowledgement of receipt letter.
If the person concerned does not written comment on this interim evaluation in the time limit set in paragraph 4, it becomes final upon expiry of this period.
The person concerned may, under penalty of forfeiture, within ten days from the notification of the interim evaluation, addressed his remarks written, against acknowledgment of dated receipt or by registered mail with acknowledgement of receipt, the first President and the Chairman, each as regards its competence, which joined the original to the EIA documentation and send a copy to the assessor. Within thirty days of receipt of the copy of these observations, this evaluator establishes an evaluation written and final in which it responds to these comments in writing. Within ten days of receipt of the final evaluation, the commanding officer furnishes a copy to the person concerned against proof of dated receipt or by registered mail with acknowledgement of receipt letter.
§ 4. A person who is pursuant to § 3, paragraph 4, may, under penalty of forfeiture, within a period of ten days from knowledge of the final assessment decision, appeal it to: 1 ° an evaluation commission composed of the head of body and the president with regard to the members of the Council;
(2) an evaluation commission composed of the commanding officer, the president and the other presidents of Chambers of the same linguistic role that the rated with respect to the presidents of Chambers.
The action is brought to the first president, dated receipt or by registered mail with acknowledgement of receipt delivery. An appeal lodged in time suspends execution of the final assessment.
The assessment referred to in paragraph 1 of the Board hears the person concerned, if latter requested it in its appeal. It has a period of 60 days from the receipt of the appeal by the first president, to make a final decision based on the evaluation.
§ 5. The assessment records are kept by the first president.
A copy of the final evaluation shall be kept for ten years. Assessments are confidential and can be accessed at any time by the parties concerned.
During each appointment, when each proposal or renewal of mandate, the evaluation of the last six years of the person concerned is attached to the attention of the appointing authority of the power of appointment.
§
6. The King may lay down rules for the application of this provision. ».
S. 118. in title Ibis, Chapter 3, section III, of the same Act, it is inserted a subsection 2, entitled as follows: "sub-section 2. -Of the periodic evaluation".
S. 119. an article 39/29, as follows shall be inserted in the Act: «art.» 39/29. § 1. The periodic evaluation takes place the first time a year after swearing in the function where it needs to be evaluated and then every three years.
§ 2. The evaluation is conducted by the speaker of the House which the rated part.
Evaluation of the presidents of Chambers identified definitively in accordance with article 39/25, § 2, is carried out by the first President which, if it does not provide evidence that it has passed the review of doctor, licensed or master in law in the same language that the assessed, either the Dutch or french, is assisted by the president or the bilingual member of the oldest Council in rank among those that belong to the linguistic role of the evaluated.
§
3. If a member of the Board, has obtained during periodic evaluation, the 'insufficient' final final words, it results from the first day of the month following the communication of the final reference, the loss for six months of the last three-year increase referred to in article 3 of the Act of April 5, 1955 to salaries of holders of a function to the Council of State , and magistrates and members of the registry of the Council of litigation of foreigners.
Without prejudice to paragraph 1, the derogations obtained pursuant to article 39/45 are suspended ex officio during the lasted attached to the 1st paragraph. No new exemption is obtained during this period.
Where 'insufficient' evaluation, the person concerned is under further evaluation after a period of one year.
§ 4. When a member of the Council gets two successive 'insufficient' assessments, at the request of the first president of the Council, the Council of State meets in General Assembly room of the Council, for, on the opinion of the auditor general or the Deputy auditor general, take a decision by way of judgment, on termination of employment for professional incapacity of the person concerned.
With regard to the request for dismissal for professional incapacity referred to in paragraph 1, the auditor general or the assistant auditor general seized the Council of State, ex officio or at the request of the first president of the Council of litigation of foreigners. The action is exerted by the auditor general or auditor general Assistant in accordance with article 75, paragraph 2, laws on the Council of State, coordinated on 12 January 1973. The Council shall decide within six months of referral to the Council of State.
The King sets by Decree deliberated in the Council of Ministers special rules for expedited before the Council of State concerning an action for termination of employment for professional incapacity referred to in the first paragraph if necessary, contrary to articles 14, 17, 18, 21, 21bis, 24 and 28 of the laws on the Council of State, coordinated on 12 January 1973, with the exception, in which this last provision , of the obligation to give reasons for the judgment.
Severance pay is given to the Member of Council dismissed by judgment, to professional unfitness. This allowance is equal to 12 times the last monthly pay of the Member of the Council when it has at least 20 years of service, or eight times or six times this remuneration depending on whether the Member has 10 years of service or less.
For the purposes of this §, meaning of "earnings", laid down in application of Act of 5 April 1995 on the salaries of holders of a function to the Council of State, judges and members of the registry and the Council of litigation of foreigners.
§
5. If it is a designated room chair on a final basis in accordance with article 39/25, § 2, the State Council meets in the Council Chamber, at a general meeting, to decide, by judgment, on the opinion of the auditor general or auditor general Deputy, on termination of employment for professional incapacity of the person concerned of his deputy mandate.
For the action referred to in the preceding paragraph, the auditor general or the assistant auditor general captures the State Council ex officio or at the request of the first president of the Council of litigation of foreigners. The action is performed by the auditor general or auditor general Assistant in accordance with article 75, paragraph 2, coordinated laws on the Council of State. The Council shall decide within six months of referral to the Council of State.
The King sets by Decree deliberated in the Council of Ministers special rules for expedited before the Council of State concerning an action for dismissal of the Deputy for professional incapacity mandate referred to in paragraph 1, if necessary, contrary to articles 14, 17, 18, 21, 21bis, 24 and 28 of the laws on the Council of State, coordinated on 12 January 1973, with the exception , in relation to the latter provision, of the obligation to give reasons for the judgment.
The Member concerned whose Deputy mandate has been withdrawn is returned and resumed his order of rank among the members of the Council. ».
S.
120. in title Ibis, Chapter 3, section III, of the same Act, it is inserted a subsection 3, entitled as follows: "sub-section 3. -Evaluation of the mandates of president of Chamber".
S.
121. an article 39/30, as follows shall be inserted in the Act: ' Art 39/30. § 1. The holders of a Deputy mandate of president of Chamber evaluation takes place at the end of each period for which the mandate has been granted and no later than four months before the expiration of the time limit.
§ 2. The evaluation of the presidents of Chambers is carried out by the first President which, if it does not provide evidence that it has passed the examination of doctor, licensed or master in law

in the same language as the assessed, either the Dutch or french, is assisted by the president or by the bilingual member of the oldest Council with rank of those who belong to the linguistic role of the evaluated.
§ 3. If the Deputy mandate-holder Gets the "good", its mandate is renewed. If the word is 'insufficient', the person concerned takes over the function for which he was appointed last upon expiry of its mandate. In this case, this occurs in excess. The first president passes to the Interior Federal Public Service a provision whereby the extension or termination of the mandate is established.
The Deputy mandate of president of Chamber holders who are appointed permanently after nine years, are subject to periodic evaluation. ».
S.
122. in title Ibis, Chapter 3, of the Act, it is inserted a section IV and a 1st sub-section, entitled as follows: "Section IV. -The evaluation of the members of the sub-section 1st registry. -The evaluation of the Chief Clerk".
S. 123. an article 39/31, as follows shall be inserted in the Act: «art.» 39/31. § 1. The Deputy mandate of Chief Registrar evaluation takes place at the end of each period for which the mandate has been granted and no later than four months before the expiration of the time limit.
§ 2. The evaluation takes place by the first president under the procedure laid down in article 39/29. If it does not provide evidence that it has passed the examination of doctor, licensed or master in law in the same language as the assessed, either the Dutch or the french, he is assisted by the president or by the bilingual member of the oldest Council in rank among those that belong to the linguistic role of the evaluated.
§ 3. The assessment is made on the basis of criteria covering the personality as well as intellectual, professional, and organizational, capability including the quality of the services provided.
The fixed King, on the proposal of the first president and the president, evaluation criteria and detailed rules for the application of this provision.
§ 4. If the Deputy mandate-holder Gets the "good", its mandate is renewed. Case this mention is 'insufficient', the person concerned takes over the function for which it was named last upon expiry of its mandate. In this case, this occurs in excess. The first president passes to the Interior Federal Public Service a provision laying down the extension or termination of the mandate.
§ 5. The holder of a warrant Deputy Chief Registrar who is appointed definitively after nine years, is subject to periodic evaluation referred to in article 39/29, including the measures provided for in §§ 3 and 5 in the case of a first or second mention 'insufficient'. ».
S. 124. in title Ibis, Chapter 3, section IV, of the same Act, it is inserted under a subsection 2 "Evaluation of clerks", an article 39/32, worded as follows: subsection 2. -Assessment of the clerks «art.» 39/32. § 1. Every two years, an evaluation of all clerks newsletter is established.
In assessment bulletin, the Chief Clerk and the speaker of House jointly express their opinion as to the value and the behavior of the Registrar, including the quality of benefits, using descriptive forms, in accordance with the mentioned indications.
Excluding the Chief Registrar, evaluators must justify their diploma that they have passed the exam by doctor degree or master's degree in law in the same language, the french or the Dutch, that assessed him.
Periodic assessment does not mention final, unless the evaluators consider that the assessed merit an 'insufficient' mention.
The King determines the modalities for the application of these provisions.
§
2. Evaluation newsletter is written for the first time between the ninth and the twelfth month of effective service.
Assessment covers the period since the last evaluation bulletin.
The Registrar may request a re-evaluation at the earliest one year after the drafting of the previous evaluation.
§ 3. If a clerk got during a periodic evaluation, 'insufficient' final and definitive evaluation, it entails, from the first day of the month following the notification of the final assessment, the loss for six months of the last three-year increase referred to in article 3 of the law of April 5, 1955 on the salaries of holders of a function to the Council of State and judges and members of the registry and the Council of litigation of foreigners.
Without prejudice to paragraph 1, obtained derogations are suspended ex officio for the period laid down in paragraph 1 in accordance with article 39/45 no new exemption is obtained during this period.
Where 'insufficient' evaluation, the person concerned is under further evaluation after a period of one year.
§ 4. After two successive evaluations 'insufficient', the commanding officer made a proposal for dismissal to the appointing authority of the power of appointment.
The Member of the registry concerned may appeal against this proposal, in accordance with article 39/33. This appeal is suspensive.
Dismissal for professional incapacity is pronounced by the authority which is vested with the power of appointment.
Severance pay is given to the Member of the registry for professional incapacity. This allowance is equal to twelve times the last monthly pay of the Member of the registry when it has at least 20 years of service, or eight times or six times this remuneration depending on whether the Member has 10 years of service or less.
For the purposes of this §, is meant by "remuneration" that fixed in accordance with the Act of April 5, 1955 to salaries of holders of a function to the Council of State, judges and members of the registry of the Council of litigation of foreigners. ».
S.
125. an article 39/33, as follows shall be inserted in the Act: «art.» 39/33. § 1. The assessment referred to in this section is preceded by an interview of planning between the assessed and its evaluators. One or more interviews of operation may take place during the evaluation cycles.
Evaluators are jointly drafting an evaluation project which may, where appropriate, already include a proposal for final evaluation 'insufficient'. This project is communicated to the assessed prior to the assessment interview, acknowledgement of receipt dated. It can be possibly adapted according to maintenance. After this interview, the evaluators jointly draft a provisional assessment.
The first president shall communicate a copy of the interim evaluation to the person concerned by dated receipt or by registered mail with acknowledgement of receipt letter. If the person concerned makes no remarks written on the interim evaluation, within the time limit under paragraph 4, it becomes final after the expiration of this period.
Under penalty of forfeiture, the person concerned may, within a period of ten days from the notification of the interim evaluation, addressed his remarks written acknowledgement of dated receipt or by registered letter to the post with acknowledgment of receipt, the first president or president, as appropriate, which joined the original to the EIA documentation and send a copy to the evaluators. These evaluators prepare jointly, within thirty days of receipt of those comments, a final written evaluation in which they respond to remarks in writing. Within ten days of receipt of the final evaluation, the first president furnishes a copy to the interested party, against acknowledgment of dated receipt or by registered mail with acknowledgement of receipt.
§ 2. A person who has made application of § 1, paragraph 4, may, under penalty of forfeiture, appeal against the final decision within a period of ten days from the notification of the final assessment to: 1 ° an evaluation commission composed of the head of body, the president and all presidents of Chambers as regards the Chief Registrar;
(2) an evaluation commission composed of the head of body and the president with regard to the clerks.
The action is brought under the first president against receipt of dated receipt or by registered mail with acknowledgement of receipt letter. An action brought within the time suspends execution of the final assessment.
The assessment referred to in paragraph 1 of the Board hears the person concerned, if he has requested in its appeal. It has a period of 60 days from the receipt of the appeal by the first president, to take a final decision based on the evaluation.
§ 3. The assessment records are kept by the first president with regard to the Chief Clerk and the Chief Registrar with regard to the clerks. Assessments are confidential and can be accessed at any time by the parties concerned. They are kept for at least ten years.
During each appointment, when each proposal or renewal of mandate, the evaluation of the last six years of the person concerned is attached to the attention of the appointing authority of the power of appointment.
§
4. The King may establish more specific rules of procedure for the application of this provision. ».
S.
126. in title Ibis, Chapter 3, of the Act, it is inserted a section V, entitled as follows: "Section V. - the exercise of the function".
S. 127. an article 39/34, as follows shall be inserted in the Act: «art.» 39/34. The King determines, after the first reasoned opinion

President, the way in which is recorded the burden of work of the holder of a function, as well as the way in which these stored data are evaluated. ».
S. 128. a section 39/35, as follows shall be inserted in the Act: «art.» 39/35. If the absence of a member of the Council or the registry is due to illness, the regularity of this lack may be subjected by the first president or president, or the Chief Clerk to an inspection carried out by the Health Service administrative which is part of the Administration of medical expertise in the manner set out in the Bylaw of this service. ».
S. 129. an article 39/36, as follows shall be inserted in the Act: «art.» 39/36. The King prescribed the costume worn at hearings and in official ceremonies by the members of the Council and the registry.
The King sets the precedence and honours.
».
S. 130. in title Ibis, Chapter 3, of the Act, it is inserted a section VI, entitled as follows: "Section VI. -Salaries, retirement and pensions."
S. 131. an article 39/37, as follows shall be inserted in the Act: «art.» 39/37. Legislation fixed salaries, increases and allowances allocated to the members of the Council and the registry. ».
S.
132. an article 39/38, as follows shall be inserted in the Act: «art.» 39/38. §
1. The members of the Council are put to retirement if, due to a severe and permanent disability, they are no longer able to duly perform their function, or if they have reached the age of sixty-seven.
Articles 391, 392, 393, 395, 396 and 397 of the Judicial Code shall apply to the members of the Council.
§
2. Members of the registry are put out to pasture when a severe and permanent disability no longer allows them to properly perform their functions or when they have reached the age of 65. General Civil Pension Act is applicable.
Clerks who, at the age of sixty-five years of age, do not meet the legal conditions of service to get a pension, are placed in the position of availability according to the same regime as that provided to agents of the State. Those who do not have five years of service, are kept active until they reach the legally required minimum service seniority.
§ 3. Clerks may, on the proposal of the Council, be exceptionally kept active beyond the limits set in paragraph 2, where the Council has a particular interest to keep their competition, whereas they should be replaced if they were put in retirement.
The King statue on the retention of the clerks on the advice of Ministers in Council.
The retention has effect for one year; It can be renewed.
§ 4. For the purposes of the alinees 2 and 4 of article 8, § 1, of the general law of 21 July 1844 on Civil and ecclesiastical pensions, the designations referred to in article 39/23 shall be treated as final appointments. ».
S.
133. an article 39/39, as follows shall be inserted in the Act: «art.» 39/39. The members of the Council and the registry who, suffering from a disability severe and permanent, are no longer able to properly fulfill their function and which did not retire, are notified by letter recommended to the position, at the request of the first president. If he is the first president, the warning is given by the president, or vice versa. ».
S. 134. an article 39/40, as follows shall be inserted in the Act: «art.» 39/40. If, in the months of warning, the Member of the Council or the registry did not retire, the Council meets in General Assembly in the Council Chamber to adjudicate upon the retirement of the person concerned.
Fifteen days at least before the date which has been set for the General Assembly of the Council, the person concerned is informed of the date and time of the meeting at which it will be heard and at the same time is invited to submit its comments in writing.
This information and this request are sent to him by registered letter with acknowledgement of receipt. ».
S. 135. an article 39/41, as follows shall be inserted in the Act: «art.» 39/41. The decision is immediately notified to the person concerned. If it did not provide comments in writing, the decision does in res judicata only if it has not been formed opposition within five days from the date of the notification.
The person concerned is unable to make opposition when it was agreed by the General Assembly of the Council but has not provided written comments.
The opposition is admissible if it is submitted by registered letter. The notice of opposition contains, under penalty of nullity, the means of the applicant in opposition.
When the applicant in opposition fails a second time, a new opposition is more responsive. ».
S. 136. an article 39/42, as follows shall be inserted in the Act: «art.» 39/42. Decision on the observations of the Member of the Council or the registry, either on its opposition, is in the final instance. ».
S. 137. an article 39/43, as follows shall be inserted in the Act: «art.» 39/43. The notifications are made by the Chief Clerk of the Council which is required of them by a record. ».
S. 138. an article 39/44, as follows shall be inserted in the Act: «art.» 39/44. The decision referred to in article 39/42, when it is passed into res judicata, is sent within 15 days to the Minister. » .
S.
139. in title Ibis, Chapter 3, of the Act, it is inserted a section VII, as follows: "Section VII. "-Incompatibilities and discipline".
S. 140. an article 39/45, as follows shall be inserted in the Act: «art.» 39/45. The functions of Member of the Board and the registry are incompatible with judicial functions, with the exercise of a public mandate conferred by election, with any function or public office paid political or administrative, with loads of notary and bailiff, with the legal profession, with the military and ecclesiastical state.
May be waived in the 1st paragraph: 1 ° when it comes to the exercise of functions of teacher, lecturer, lecturer or assistant in higher learning institutions, provided that these functions shall not be exercised for more than five hours per week nor more than two half-days per week;
2 ° when it comes to the exercise of functions of Member of a Board of examination.
3 ° when it comes to participation in a commission, in a Council or Advisory Committee, provided that the number of paid duties or charges is limited to two and all of their remuneration does not exceed one-tenth of the annual gross salary of the main function to the Council.
These exemptions are granted by the King or by the Minister, as provided for by the 1 / or aux 2 / and 3 /. They are granted with the assent of the first president. ».
S. 141. an article 39/46, as follows shall be inserted in the Act: «art.» 39/46. The members of the Council and the registry may be required for any other public service, except in cases provided by law. ».
S. 142. an article 39/47, worded as follows, is inserted into the Act: «art.» 39/47. They may: 1 ° undertaking the defence of the persons concerned, or verbally, or in writing, nor give them consultations;
2 ° be of arbitration paid;
3 ° either personally or per person proxy, not to exercise any kind of trade, be business agent, participate in management, administration or supervision of commercial companies or industrial or commercial establishments.
By way of derogation from paragraph 1, 3 /, the King may, in specific cases, authorize participation in the supervision of companies or industrial establishments. ».
S. 143. an article 39/48, as follows shall be inserted in the Act: «art.» 39/48. Article 458 of the penal Code is applicable to the members of the Council and the registry with regard to the information which they are aware in the exercise of their function. ».
S. 144. an article 39/49, as follows shall be inserted in the Act: «art.» 39/49. The members of the Council or the registry may with their consent and on the advice of the first president loaded being temporarily by the King to perform tasks or exercise any functions with national institutions. In case the tasks allocated to them do more allow them to carry out their duties on the Board, they are a measure of detachment.
The duration of the secondment shall not exceed one year.
However, extensions may be granted to the conditions laid down in paragraph 1, for periods of one year at most, without that the length of the posting does not exceed six years.
If, upon expiry of the detachment, the person concerned has not resumed his duties at the Council, it is deemed to have resigned.
Detached holders retain their place on the ranking list. The time they spend in the position of detachment is considered to be a period of actual service. They continue to collect treatment attached to their duties on the Board. No additional compensation cannot be granted, nor compensation outside those that cover actual expenses inherent to the missions or in the functions entrusted and those that are laid down by the King in each particular case.
The holder of a mandate of head body or a Deputy mandate of president cannot be removed. The holder of a warrant Deputy President of Chamber or chief clerk may be seconded for a limited period,

which may not exceed one year.
If the administrator is a member of the Council or the registry, the posting is made, by way of derogation from paragraph 2, for the duration of the mandate of the administrator.
Cannot be detached more than four members of the Council or the registry. No more than three of the seconded members may belong to the same linguistic role. ».
S. 145. an article 39/50, as follows shall be inserted in the Act: «art.» 39/50. With the exception of the holder of a commanding mandate the members of the Council or the registry may be authorised by the King, subject to the opinion of the first president, to carry out missions or functions with institutions supra-national, international or foreign.
In case the tasks that are assigned to them thus do more allow them to fulfil their function in the Council, they are placed out of the frame.
The total duration of exclusion from the framework cannot exceed periods of effective performance of duties to the Council.
Stakeholders put out constantly collect treatment attached to their duties on the Board and participate in the progress. They retain the right to return to their previous posts to the Board notwithstanding the number of seats laid down by article 39/4.
If, on expiry of the period of exclusion from the framework, stakeholders have not returned their function to the Commission, they shall be deemed resigned.
The persons referred to in paragraph 2 are permitted to count the duration of their mission in the calculation of their pension, insofar as it has not already been taken into consideration for this calculation. The pension thus calculated is reduced by the net amount of the pension granted to the person concerned, the head of the mission it assigned by the foreign Government, foreign administration or the supranational or international organization with which it has accomplished it. This reduction applies only to the increase in pension resulting from the supported by Treasury Board, for the duration of this mission. ».
S. 146. an article 39/51, as follows shall be inserted in the Act: «art.» 39/51. Members of the Council or the registry who are seconded or placed out of the frame can be replaced notwithstanding the number of seats laid down by article 39/4 at most at a rate of two members of the Council and a member of the registry.
For the purposes of article 39/4 the appointments to ensure the replacements are considered appointments to new places.
Holders of the functions to ensure that replacements are appointed permanently. They access of right, as holidays, to the places provided for in article 39/4, provided that they justify the linguistic knowledge required for the vacancy has become. ».
S. 147. an article 39/52, as follows shall be inserted in the Act: «art.» 39/52. Parents and allies, until the degree of Uncle and nephew included, cannot be members of the Board at the same time without a dispensation from the King; they can sit at the same time, except at general meetings. ».
S. 148. an article 39/53, as follows shall be inserted in the Act: «art.» 39/53. Any member of the Council who breached the dignity of his functions or duties of the State may, depending on the case, be declared forfeited or suspended from his duties by judgment in General Assembly of the Council of State on the advice of the general auditor or the auditor general Assistant as appropriate.
The staff of the registry may be suspended and dismissed for the same reasons by the King, the Council heard. ».
S. 149. in the Ibis title, of the same Act, it is inserted a chapter 4, entitled as follows: "Chapter 4. The administrator and the administrative staff. » Art. 150. an article 39/54, as follows shall be inserted in the Act: «art.» 39/54. The Minister puts at the disposal of the Council staff and the means necessary for the fulfilment of its mission.
The composition of permanent and temporary staff of the Commission incorporated in the central administration of the Federal Public Service, is determined by the King by Decree deliberated in the Council of Ministers. ».
S. 151. an article 39/55, as follows shall be inserted in the Act: S. 39/55. The King appoints by order deliberated in Council of Ministers and after receiving the opinion of the General Assembly of the Council, an administrator for a renewable period of five years: person can be appointed administrator is it: 1 ° has not 30 years;
2 ° is not holder of a diploma giving access to level A occupations in the administrations of the State, or who has such employment;
3 ° does not experience in 3 years at least in the domain of the function to give support.
Without prejudice to the provisions of this Act, the provisions governing administrative and financial departments staff plan apply to the administrator. The King fixed level staff wage scale scale has federal public services that is assigned to the administrator, without that it could be higher that assigned to the administrator of the Council of State. The administrator must justify the knowledge of the other language, French or Dutch, that his diploma. ».
S.
152. in the Ibis title, of the same Act, it is inserted a chapter 5 and section Ire, entitled as follows: "Chapter 5. -The procedure Section Ire. -Common provisions.
» Art. 153. an article 39/56, as follows shall be inserted in the Act: «s.39/56.
The remedies referred to in article 39/2 can be brought before the Council justifying foreign injury or of interest.
The Minister or his delegate may appeal from a decision of the Commissioner-general for refugees and stateless persons, if it considers it contrary to the law or decrees that are related.
The parties may be represented or assisted by lawyers registered at the roll of the order of lawyers or on the list of trainees as well as under the provisions of the Judicial Code, by nationals of a Member State of the European Union who are entitled to practise the profession of lawyer.
Without prejudice to this possibility, when an appeal is lodged against a decision of the Commissioner-general for refugees and stateless persons, this part is represented by the Commissioner-general to refugees and stateless persons, by one of the deputies or by a delegate designated by the Commissioner-general to that end.'.
S. 154. an article 39/57, as follows shall be inserted in the Act: «art.» 39/57. The appeal against a decision referred to in article 39/2, § 1, paragraph 1, with the exception of the decisions referred to in paragraph 3 of the same paragraph, must be introduced by request within fifteen days of notification of the decision against which it is directed.
Action for annulment under article 39/2, §§ 1, paragraph 3, and 2, should be instituted using a query within a period of 30 days after notification of the decision against which it is directed. ».
S. 155. a section 39/58 as follows is inserted into the Act: ' s.39/58. Anyone, including the intervener, introduced an appeal or an application referred to in this chapter, is obliged to elect domicile in Belgium.
The election of domicile that is made in the first act of the procedure, applies to subsequent acts, unless notified to the Registrar of an express amendment, by registered letter.
Without prejudice to the possibility to express amend, in the manner laid down in paragraph 2, in the course of the proceedings, an election of domicile in the act containing the annulment and suspension demand, applies to both the suspension for the cancellation procedure.
All meaning is validly made by the Registrar at the address for service. ».
S. 156. an article 39/59, as follows shall be inserted in the Act: «s.39/59. § 1. When the defendant does not transmit the record within the time limit, the facts relied on by the applicant are considered proven.
This presumption does not apply in case of intervention on the basis of article 39/72, § 2.
The note introduced by the defendant is excluded ex officio of the discussion when it is not submitted within the deadline set in article 39/72.
§
2. All parties appear or be represented at the hearing.
When the applicant does not appear or is not represented, the request is rejected. Other parties who do not appear or are not represented are supposed to agree at the request or the appeal. Meaning of a hearing order makes mention of this paragraph. ».
S. 157. a section 39/60 as follows shall be inserted in the Act: «s.39/60. The procedure is written.
The parties and their counsel can express their comments orally at the hearing. It cannot be relied on means other than those exposed in the request or in the note. ».
S. 158. an article 39/61, as follows shall be inserted in the Act: «art.» 39/61. The parties and their counsel may consult the file at the registry during the time limit fixed in the hearing order.
» .
S. 159. an article 39/62, as follows shall be inserted in the Act: «art.» 39/62. The Council corresponds directly with the parties.
He is authorized to deliver by these parties all parts and information Affairs to pronounce.
» .
S. 160. an article 39/63, as follows shall be inserted in the Act: «s.39/63. When the Commission appealed to the assistance of an interpreter, it is sworn in

the following terms: "I swear to faithfully translate the speech to be transmitted between people who speak different languages". ».
S. 161. a section 39/64, as follows shall be inserted in the Act: «art.» 39/64. Council hearings are public.
When these are held in accordance with article 39/77, § 1, paragraph 1 to the specific place where abroad is or where it is put at the disposal of the Government, the advertising is guaranteed within the limits permitted by the layout of the premises.
The president of the Chamber or the judge to foreigners litigation may order ex officio or at the request of one of the parties that the hearing be held in camera.
It may also order the camera where the administrative record contains parts which he acknowledged, ex officio or at the request of the parties, its confidentiality. ».
S. 162. an article 39/65, as follows shall be inserted in the Act: «art.» 39/65. The decisions of the Council are motivated. They are signed by the president and a member of the registry.
Interlocutory or final decision is brought to the knowledge of the parties in the manner established by a royal decree deliberated in the Council of Ministers. This royal decree can also determine the cases in which a notification device and the purpose of the decision to the administrative authorities to the cause is sufficient, as well as the form and the conditions under which this limited notification may take place and the way in which these decisions are accessible at this part in the full version.
The decisions of the Council are available to the public in the case, the form and under the conditions laid down in a royal decree deliberated in the Council of Ministers.
The Council ensures the publication in cases, the form and conditions laid down by royal decree deliberated in the Council of Ministers. ».
S. 163. an article 39/66, as follows shall be inserted in the Act: «art.» 39/66. Article 258 of the penal Code relating to the denial of justice is applicable to the members of the Council.
The principles governing the disqualification of judges and advisors of the judiciary are applicable to the members of the Council. ».
S. 164. an article 39/67, as follows shall be inserted in the Act: «s.39/67. The decisions of the Council are likely neither opposition nor third-party review. They are only likely to appeal in cassation provided for in article 14, § 2, of coordinated laws on the Council of State. ».
S.
165. an article 39/68, as follows shall be inserted in the Act: «art.» 39/68. The proceedings before the Council of litigation of foreigners is fixed by royal decree deliberated in the Council of Ministers.
This royal decree determines particular limitation periods, which may not be less than the time limits set out in this Act; the amount of costs and expenses as well as the arrangements for discharge;
the granting of the benefit of the pro deo for insolvent people. May establish special rules of procedure for the consideration of requests without object, as well as for the consideration of queries that require succinct discussions. ».
S. 166. in title Ibis, Chapter 5, of the Act, it is inserted a section II and a 1st sub-section, entitled as follows: "Section II. -Specific provisions applicable to the recourses of full jurisdiction against the decisions of the Commissioner-general for refugees and stateless persons subsection 1. -General provisions applicable to the ordinary procedure and the accelerated procedure. » Art. 167. an article 39/69, as follows shall be inserted in the Act: «art.» 39/69. § 1. The request is signed by the party or by a lawyer who satisfies the conditions laid down in article 39/56.
The query must contain, under penalty of nullity: 1 ° the name, nationality and domicile of the applicant and the reference to its dossier to the opposing party, indicated on the decision contested;
2 ° the election of domicile in Belgium;
3 ° the indication of the decision against which the appeal is lodged.
4 ° statement of the facts and arguments in support of the appeal and, when new elements, within the meaning of article 39/76, § 1, paragraph 4 are invoked, according to which there are established serious indications of a fear of persecution within the meaning of the International Convention on the status of refugees, signed at Geneva on 28 July 1951 in so far, , or a real risk of harm serious as referred to in article 48/4, the reasons for which these elements could not be disclosed in a timely manner to the Commissioner-general for refugees and stateless persons;
5 ° the language determined for the hearing at the hearing under article 39/60;
6 ° be introduced in Dutch or French language according to the language of the proceedings determined pursuant to article 51/4;
7 ° be signed by the applicant or his lawyer.
Are not enrolled in the role: 1 ° the remedies not accompanied by a copy of the contested act or document which has brought it to the knowledge of the applicant party;
2 ° the remedies not accompanied by six copies thereof;
3 ° remedies for which the imposed role duty is not paid.
§
2. In cases where the applicant is put at the disposal of the Government or is located in a specific place under article 74/8, the request may also be introduced by surrender, on site, the Director of the prison or the Director of the specific place where it is located, or one of their delegates, which mentions on the request the date on which it was introduced deliver an acknowledgement of receipt to the applicant or his counsel and shall immediately forward it to the Council.
§
3. After receipt of appeals registered to the role, the Chief Clerk or clerk appointed by it, carries immediately to the attention of the Minister or his delegate, in the manner determined by the King, by Decree deliberated in the Council of Ministers, except when the appeal was presented to the delegate of the Minister pursuant to § 2. ».
S. 168. an article 39/70, as follows, is inserted into the Act: «art.» 39/70. Except with the agreement of the person concerned, no measure of expulsion from the territory or discharge cannot be enforced in manner forced respect abroad during the time limit for the appeal and during the consideration of this. ».
S. 169. in title Ibis, Chapter 5, section II, of the Act, it is inserted a subsection 2, entitled as follows: "sub-section 2. The ordinary procedure. » Art. 170. an article 39/71, as follows shall be inserted in the Act: "the Clerk shall promptly transmit a copy of the appeal to the defendant and, when it comes to an action brought by the Foreign Minister who has interest in the case and the Commissioner-general for refugees and stateless persons. The King determines, by Decree deliberated in the Council of Ministers, the manner of service. ».
S. 171. an article 39/72, as follows shall be inserted in the Act: «art.» 39/72. § 1.
The defendant passes to the Registrar, within eight days of the notification of the administrative folder to attach a note to observation.
Where abroad invokes new elements in its application, the deadline set in paragraph 1 is extended to fifteen days.
§ 2. Abroad which is served with an appeal to the Minister against a decision of the Commissioner-general for refugees and stateless persons, may submit a request for intervention within fifteen days of this service. Absence of meaning, the Chamber seised of the matter may admit a subsequent intervention.
Where a duty should be paid for the request for service, it is examined only when the tax is paid. ».
S. 172. an article 39/73, as follows shall be inserted in the Act: «art.» 39/73. § 1.
Upon receipt of the petition, the president of the Chamber or designated judge examines priority appeals moot, manifestly inadmissible, which are subject to a disclaimer or that must be removed from the role.
The president of the Chamber or the designated judge shall convene the parties applicant, defendant, and where appropriate, abroad who has interest in the trial of the case in the case of an appeal introduced by the Minister or his delegate to appear as soon as possible before it. There is mention of this provision in the order and the reason is briefly described.
The request for intervention from abroad that has interest may be introduced at the hearing.
§
2. At the hearing, the president of the Chamber or the judge exposes in its summary report, the reason for which the discontinuance of proceedings may be pronounced, for which the Commission is manifestly incompetent or for which the use is not applicable or manifestly inadmissible.
Having heard the replies of the parties, limited to the reasons given in the § 1, paragraph 2, the president of the Chamber or the judge pronounce without delay. If it does not conclude the withdrawal or rejection of the appeal for the reason given in paragraph 2, the procedure continues in accordance with the following articles.
».
S. 173. an article 39/74, as follows shall be inserted in the Act: «art.» 39/74. When it is not applied article 39/73, the president of the Chamber or the judge designated, fixed by order the day and time of the hearing to which the appeal would be considered.
».
S. 174. an article 39/75, as follows shall be inserted in the Act: «art.» 39/75. The Chief Clerk or clerk designated shall notify without delay the order fixing the day of the hearing to the parties to the proceeding.
The parties must be notified at least eight days

in advance of the date of the hearing.
Parts of the procedure not yet communicated to the parties, are attached to the convening. If necessary, it is mentioned in the notification if the administrative file was introduced. ».
S. 175. an article 39/76, as follows shall be inserted in the Act: «art.» 39/76. § 1. President of Chamber before it or the designated foreign litigation judge examines whether it can confirm or alter the contested decision.
The president of Chamber seized or the foreigners litigation designated judge examines only new items when the two conditions has been met: 1 ° these new elements are included in the original submission or, in the case of introduction of a request for intervention, in accordance with article 39/72, § 1, in this last query;
2 ° the applicant or the intervener in the case provided for in article 39/72, § 2 must show that it could not invoke these elements in an earlier stage of the administrative procedure.
By way of derogation from paragraph 2 and, where appropriate, in article 39/60, paragraph 2, the Council may, for the proper administration of justice, decide to take account of any new element that is brought to its attention by the parties, including their statements at the hearing, to the cumulative conditions that: 1 ° these elements find a basis in the record of proceedings;
2 ° they are likely to demonstrate a certain way whether founded or unfounded appeals;
3 ° the part explains in a plausible manner due to not release these new elements in an earlier phase of the procedure.
Are new elements within the meaning of this provision, those relating to facts or situations that have occurred after the last phase of the administrative procedure in which they could be provided as well as all new elements and/or evidence any or elements supporting the facts and reasons relied on during the administrative processing.
The Commissioner-general to the refugees and stateless persons may consider on its own initiative or at the request of one of the parties, the new elements brought in accordance with paragraph 3, and prepare a written report thereon within the time granted by the president of Chamber before it or judge to foreigners litigation, unless it finds that it has of enough information to decide.
A written report not filed within the time limit is excluded from debates. The applicant must file a note in reply about this written report within the deadline set by the judge, under penalty of exclusion from the debates of the new elements that it relied.
§ 2. If the president of the Chamber or judge seized foreigners litigation cannot examine the case at the bottom for the reason referred to in article 39/2, § 1, paragraph 2, 2 °, it motivates in his decision and cancels the contested decision. In this case, the Chief Clerk or the Registrar designated by him immediately refer the matter to the Commissioner-general for refugees and stateless persons.
§ 3. The president of the Chamber or judge seized foreigners litigation takes a decision within three months of receipt of the appeal.
If it comes with an action relating to a matter which the Commissioner-general for refugees and stateless persons has been considered as a priority in accordance with article 52, § 5, 52/2, § 1 or § 2, 3 ° 4 ° or 5 °, this remedy is also considered as a priority by the Council. The time limit in paragraph 1 is reduced to two months. ».
S. 176. in title Ibis, Chapter 5, section II, of the Act, it is inserted a subsection 3, entitled as follows: "sub-section 3. -The accelerated procedure"article 177. an article 39/77, as follows shall be inserted in the Act: «art.» 39/77. § 1.
When the action is brought by a foreign national who is located in a specific place under article 74/8 or that is put at the disposal of the Government, the Chief Clerk or clerk designated by him shall send a copy, immediately and no later than the business day which is a Saturday or a Sunday, or a holiday following receipt of the appeal which can be registered to the role, the Commissioner-general for refugees and stateless persons. It asked him to submit the file to the registry, within the time limit set by it and which shall not exceed three working days, from the meaning.
Upon the filing of the record or if it is not filed within the time limit, the president of the Chamber or judge to the foreigners litigation designated fixed immediately the case and summoned the parties to appear before it within five working days at the latest following the date of receipt of the binding.
The president of the Chamber or the judge designated may convene may, by order, the parties to the specific place referred to in article 74/8 where abroad is located or the place where it is put at the disposal of the Government, on the day and at the hour fixed, even on Sunday or a holiday.
The convocation fixes the day from which the record may be consulted at the registry by the parties and their counsel.
If the defendant has not transmitted the record time previously, it is delivered from the bench at the president, taking the necessary measures to enable the other parties to the proceeding to consult.
§
2. The president of the Chamber or the judge to foreigners litigation designated is pronounced under article 39/76, §§ 1 and 2.
President of Chamber or judge seized foreigners litigation to decide within five working days following the closing of the discussion. It may order the immediate execution of the decision.
§ 3. In the case of an alien who is placed in a specific place referred to in article 74/8 during the procedure, or which is put at the disposal of the Government, the use during is considered ipso jure the accelerated procedure. Unless the use is already fixed, the procedure takes place in this case in accordance with this article, regardless of its State, being understood that the time limit in the § 1, paragraph 5, amounts to not less than three working days.
§ 4. Assimilated right in accordance with article 74/5 decision, § 6, is treated according to the accelerated procedure referred to in this subsection. ».
S. 178. in title Ibis, Chapter 5, of the Act, it is inserted a section III and a 1st sub-section, entitled as follows: "Section III. -Application for annulment sub-section 1. -General provisions. » Art.
179. an article 39/78, as follows shall be inserted in the Act: «art.» 39/78. The appeal is introduced according to the procedure laid down in article 39/69, on the understanding that the provisions laid down in article 39/69, § 1, paragraph 2, 4 °, with regard to the invocation of new elements, and 6 °, are not applicable.
Without prejudice to article 39/69, § 1, paragraph 3, are not listed on the role those applications for which the required law has not been paid.
».
S. 180. an article 39/79, as follows shall be inserted in the Act: «art.» 39/79. Except with the agreement of the interested, no measure of expulsion from the territory cannot be enforced in manner forced respect abroad during the time limit for the introduction of the appeal against the decisions referred to paragraph (2) or during the review of it, and such measures may be taken with respect to abroad due to facts that gave rise to the contested decision.
The decisions referred to in paragraph 1 are: 1 ° the decision refusing entry to aliens referred to article 10bis, insofar as joined abroad lies always in the Kingdom, is there extends not his stay beyond the limited its authorization to stay or is not the subject of an order to leave the territory.
2 ° the decision refusing to recognize the right of residence or putting an end to it, taken in application of article 11, §§ 1 and 2;
3 ° order to leave the territory issued to members of the family referred to in article 10A, paragraph 2, on the basis of article 13, § 4, paragraph 1, or members of the family referred to in article 10bis, § 1, for the same reasons, provided that joined abroad lies always in the Kingdom, is there extends not his stay beyond the limited its authorization to stay or is not the subject of an order to leave the territory;
4 ° the reference, except when it has already been the subject of an opinion of the Advisory Committee of foreigners, in accordance with article 20, paragraph 1;
5 ° the rejection of an application for authorisation of establishment;
6 ° the decision requiring abroad, in application of article 22, to leave places determined to stay away or to reside in a place determined;
7 ° any decision of refusal of recognition of the right of residence to an EU outsider, based on European regulations, as well as any decision putting an end to the stay of foreign EU on the basis of article 44A;
8 ° any decision of expulsion of a foreigner EU exempted from the requirement to obtain separate residence document which allowed his entry into the Belgian territory;
9 ° the decision refusing the residence authorisation sought on the basis of article 58 a foreigner wishing to study in Belgium.
§ 2. Where applicable, any dispute referred to the § 1, paragraph 2, 6 ° and 7 °, abroad EU will be authorized by the Minister or his delegate to present its means of defence in person, except when his appearance may cause serious public order or public security or when the appeal relates to a refusal of access to the territory.

This provision is also apply to the Council of State, acting as a judge in cassation against a decision of the Board. ».
S. 181. an article 39/80, as follows shall be inserted in the Act: «art.» 39/80. When an action for annulment of a decision concerning entry or stay is bound to an action against a decision of the Commissioner-general for refugees and stateless persons, the examination of this last appeal is a priority. If necessary, the Council may however, in the interest of a proper administration of justice, decide or both appeals will be reviewed and closed simultaneously, or that the examination of the application for annulment will be suspended until the final decision on the recourses of full jurisdiction. ».
S.
182. in title Ibis, Chapter 5, section III, of the same Act, it is inserted a subsection 2, entitled as follows: "sub-section 2. -Invalidation proceedings. » Art. 183. an article 39/81, as follows shall be inserted in the Act: «art.» 39/81. Invalidation proceedings takes place in the manner provided in articles:-39/71;
-39/72, § 1, paragraph 1;
-39/73, § 1, paragraphs 1 and 2, and § 2;
-39/74;
-39/75;
-39/76, § 3, paragraph 1;
-39/77. ».
S. 184. in title Ibis, Chapter 5, section III, of the same Act, it is inserted a subsection 3 and a 1 paragraph, entitled as follows: "sub-section 3. -The administrative injunction § 1.
The suspension. » Art. 185. an article 39/82, as follows, is inserted into the Act: «art.» 39/82. § 1. When an act of an administrative authority is voidable under article 39/2, the Commission is only competent to order the suspension of its execution.
The suspension is ordered, hearing the parties or duly convened, by reasoned decision of the president before Chamber or judge to the foreigners litigation it designates for this purpose.
In an extreme emergency, the suspension may be ordered on a provisional basis unless the parties or some of them have been heard.
When the applicant requests the suspension of the execution, it must opt either for a suspension in extreme urgency, for ordinary suspension. Under penalty of inadmissibility, it can either simultaneously or consecutively, to once again apply paragraph 3, either ask again the suspension in the request referred to in § 3.
Notwithstanding article 4 and without prejudice to paragraph 3, the rejection of the request for suspension under the urgency procedure does not prevent the applicant to later introduce an application for suspension according to the ordinary procedure, when this suspension extremely urgent request was rejected on the grounds that the extreme urgency is not sufficiently established.
§ 2. The suspension of execution can be ordered only if serious ways to justify annulment of the contested act are invoked and the condition that the immediate execution of the Act risk injury serious difficult to repair.
The judgments by which the suspension has been ordered are likely to be reported or modified at the request of the parties.
§ 3. Except in cases of extreme urgency, the request of suspension and the motion to quash should be introduced by a single act.
In the title of the application, there is mention that is introduced either an action or an application for suspension and annulment. If this formality is not met, it will be deemed that the query has only an action for annulment.
Once the application for annulment is introduced, an application for suspension introduced later is not admissible, without prejudice to the possibility for the applicant to introduce, in the manner described above, a further appeal in with cancellation of a request for suspension, if the appeal period has not yet expired.
The application includes a statement of the means and facts which, according to the applicant, that justify the suspension or, where appropriate, interim measures are ordered.
Suspension and other interim measures that have been ordered before the introduction of the request for cancellation of the Act will be immediately lifted by the speaker of the House or by the judge at the foreigners litigation that it designates, which issued, if it finds that no motion to quash on the grounds which had justified has been entered within the time limit provided for in the rules of procedure.
§ 4.
The president of the Chamber or the judge to the foreigners litigation designated statue within thirty days on the request of suspension. If the suspension is ordered, it is held on the motion to quash within four months of the pronouncement of the Court decision.
If abroad subject to a deportation or refoulement measure whose execution is imminent, and has not yet introduced a request for suspension, he may request the suspension of that decision extremely urgent. If abroad brought an action in extreme urgency in application of this provision within twenty-four hours of notification of the decision, this appeal is examined within 48 hours following receipt by the Commission of the application for a stay of execution in extreme urgency. If the president of the Chamber or the foreigners litigation before judge pronounces within this period, he must notify the first president or the president. It takes the necessary measures for a decision no later than two hours after receipt of the request. It may inter alia to evoke the case and decide himself. If the Council is not delivered in the abovementioned period of two hours, or if the suspension has not been granted, the enforcement of the measure is again possible.
§
5. Council may annul the Act for which the suspension is requested if, within eight days from the notification of the judgment which ordered the suspension, the opposing party has not introduced, following an accelerated procedure laid down by the King, application for continuation of proceedings.
§ 6. There is in the head of the applicant a presumption of discontinuance of proceedings when the request of suspension of an act or regulation having been rejected, it introduces no request for continuation of proceedings within a period of eight days from the notification of the decision.
§
7. The King determines, by Decree deliberated in the Council of Ministers, the procedure relating to applications under this section. Specific rules may be laid down concerning the examination of applications for suspension of the execution of manifestly inadmissible and manifestly based. A specific for the merits procedure for cases in which the suspension of the execution is ordered, can also be attached.
Where the suspension of the execution would be ordered for misuse of powers, the case is referred to the General Assembly of the Council.
If the General Assembly does not invalidate the Act which is the subject of the action, the suspension shall cease to have effect. In this case, the case is referred for consideration of other possible means, to the House which was originally entered.
§ 8. If the Chamber competent to adjudicate on the merits does not invalidate the Act which is the subject of the action, it can raise or report the orderly suspension. ».
S. 186. an article 39/83, as follows shall be inserted in the Act: «art.» 39/83. Except with the agreement of the person concerned, it shall be made to the enforcement of the measure of expulsion or refoulement which made abroad the object at the earliest 24 hours after the notification of the measure. ».
S.
187. in the Ibis title, Chapter 5, section III, subsection 3, of the Act, there shall be inserted a paragraph 2, entitled as follows: "§ § 2 2» The provisional measures. » Art. 188. an article 39/84, as follows shall be inserted in the Act: «art.» 39/84. When the Council is seized of an application for suspension of an act in accordance with article 39/82, it is only qualified in the provisional and the conditions laid down in article 39/82, § 2, paragraph 1, to order all necessary measures to safeguard the interests of the parties or persons who have an interest in the solution of the case, except for measures relating to civil rights.
These measures are ordered, hearing the parties or duly convened by reasoned judgment of the president of the competent Chamber to pronounce on the merits or by the judge at the foreigners litigation it designates for this purpose.
In an extreme emergency, provisional measures may be ordered unless the parties or some of them have been heard.
Article 39/82, § 2, paragraph 2, applies to rulings under this section.
The King sets, by Decree deliberated in the Council of Ministers, the procedure relating to the measures referred to in this article. ».
S.
189. an article 39/85, as follows shall be inserted in the Act: «art.» 39/85. If abroad subject to an expulsion measure or discharge whose execution is imminent, the foreigner who has already introduced a request for suspension, may, provided that the Commission has not yet ruled on that request, ask, by way of interim measures within the meaning of article 39/84, the Commission to consider his application for suspension as soon as possible.
The request for provisional measures and the request for suspension are reviewed jointly and processed within 48 hours following receipt by the Commission of the request for provisional measures. If the President of the

Chamber or judge seized foreigners litigation does not pronounce within this period, he must notify the first president or the president. It shall ensure that a decision is reached at the latest in the Septuagint - two hours after receipt of the request. It may inter alia to evoke the case and decide himself.
Upon receipt of the application for interim measures, it cannot be made to the enforcement of the expulsion or refoulement measure until the Council ruled on the application or that it has rejected the request. If the Council is not delivered in the time of septante-deux hours referred to in paragraph 2, or if the suspension has not been granted, the enforcement of the measure is again possible.
The fixed King, by Decree deliberated in the Council of Ministers, the content of the request referred to in this article, the manner in which it must be lodged and the procedure. ».
S. 190 article 51/3, § 3, of the Act, the words ", by the president or an assessor of the Standing Committee for appeals by refugees," are deleted.
S. 191. article 51/4, § 3, paragraph 1, of the Act, is replaced by the following subparagraph: "§ § 3 3» In proceedings before the Commissioner-general for refugees and stateless persons, the Council of litigation of foreigners and the Council of State, it is made use of the language chosen or determined in accordance with paragraph 2. ».
S.
192. in article 51/8, paragraph 2, of the same law, "Council of State" shall be replaced by the words "the Council of litigation of foreigners".
S. 193a section 55 of the Act, inserted by the Act of 22 December 2003, as amended by the Act of 27 December 2004, the following changes are made: 1 ° in the § 1, the words "when it is again reviewed by the Minister or his representative, the Commissioner-general for refugees and stateless persons or by the Standing Committee for appeals by refugees" are replaced by the words "when it is still considered by the Commissioner-general for refugees and" stateless persons or by the Council of litigation of foreigners";
2 ° in § 2, the words "the Council of State declares moot the appeal brought against a decision taken following a statement or a request made on basis of articles 50, 50A or 51" are replaced by the words "The Council of State declares moot the appeal brought against a decision taken by the Council of litigation of foreigners".
S. 194. articles 57/11 to 57/23 of the same Act, inserted by the law of July 14, 1987 and amended by the laws of the July 18, 1991, 6 May 1993, 15 July 1996, 9 March 1998 and 16 March 2005, are repealed.
S.
195. at article 57/23 bis of the same Act, inserted by the Act of 6 May 1993 and amended by the Act of 15 July 1996, the following changes are made: 1 ° in the paragraph 1, the words "provided that the applicant for asylum agrees" are inserted between the words "delegate" and the words "may refer to the parts";
2 ° paragraph 2 is replaced by the following subparagraph: "it may give a notice, written or oral, to the Minister provided that this opinion concerns the jurisdiction of determining which State is responsible for the processing of the asylum application or dismiss an asylum application later, to the Commissioner-general for refugees and stateless persons, on its own initiative or at its request. It may also, on its own initiative, give written notice to the Council of litigation of foreigners. »;
3 ° in paragraph 3, the words "an authority" shall be replaced by the words "the Commissioner-general for refugees and stateless persons".
S. 196a article 57/24 of the same Act, inserted by the Act of July 14, 1987 and amended by the Act of 15 July 1996, the following changes are made: 1 ° to paragraph 1, the words "and the Standing Committee for appeals by refugees" are deleted and the words "and their operation" are replaced by the words "as well as its operation";
2 ° in paragraph 2, the words "and the presidents of the Standing Committee for appeals by refugees" shall be deleted and the word "write" is replaced by the word "write".
S. 197. at article 57/25 of the same Act, inserted by the Act of July 14, 1987 and amended by the Act of 15 July 1996, the following changes are made: 1 ° to the paragraph 1, the words "and the Standing Committee for appeals by refugees" shall be deleted and the words "their mission" are replaced by the words "of its mission";
2 ° paragraph 3 is deleted.
S. 198. at article 57/26 of the same Act, inserted by the Act of 14 July 1987 and replaced by the Act of 6 May 1993, the following changes are made: 1 ° in the § 1, the words ", his deputies as well as presidents and permanent assessors of the Standing Committee for appeals by refugees" are replaced by the words "and his assistants";
2 ° §§ 2, 4 and 5 are repealed.
S. 199. in article 57/27 of the same Act, inserted by the law of July 14, 1987, the words ", his deputies and the members of the Commission permanent remedies refugees" are replaced by the words "and his deputies".
S.
200A section 63 of the Act, as amended by laws of 14 July 1987, 18 July 1991, on May 6, 1993 and February 18, 2003, the following changes are made: 1 ° 1st paragraph is replaced by the following subparagraph: 'administrative decisions can give rise either to a request for waiver of security measure, appealed to the Council of litigation of foreigners , to recourse to the judiciary, in accordance with the following provisions. »;
2 ° to paragraph 2, the words "and title III, chapter Ierbis" are deleted.
S. 201. article 66, paragraph 3, of the Act is repealed.
S. 202. in title III of the same Act, Chapter 4, containing sections 69, as amended by the Act of 10 July 1996, 69A, as last amended by the Act of 15 July 1996, is repealed.
S. 203 A section 71 of the Act, as amended by the laws of 6 May 1993, 15 July 1996, 9 March 1998, February 18, 2003 and September 1, 2004, the following changes are made: 1 ° to the paragraph 1, the reference to article 63/5, paragraph 3, and article 67 is deleted and the words "51/5." , § 3, paragraph 4 "shall be replaced by the words" 51/5, § 1, § 3, paragraph 2, and paragraph 4 ";
2 ° in clause 3, "The person concerned" shall be replaced by the words "without prejudice to articles 74/5, § 3, paragraph 5 and 74/6, § 2, paragraph 5, the person concerned".
S.
204 A section 72 of the Act, amended by the acts of 28 June 1984 and 10 July 1996, the following changes are made: 1 ° 1st paragraph, the words ", the Minister, his delegate or its Board" shall be inserted between the words "or its Council" and the words "in its means" and the second sentence is deleted;
2 ° in paragraph 3, the words "in the case provided for in article 74" are deleted.
Chapter V. - Amendment of the Code of criminal procedure art. 205 articles 479 and 483 of the Code of criminal investigation, replaced by the law of 10 October 1967 and amended by the laws of the June 3, 1971, may 6, 1997 and June 28, 1983, the words "members of the Council of litigation of foreigners" are inserted between the words "a referendum at this Court," and the words "a general".
CHAPTER VI. -Amendments to the Act of April 5, 1955 to salaries of holders of a function to the Council of State s. 206. the heading of the Act of April 5, 1955 to salaries of holders of a function to the Council of State is replaced by the following: "Act of April 5, 1955 relative to salaries of holders of a function to the Council of State and the judges and staff of the registry of the Council of litigation of foreigners".
S.
207. at article 1 of the Act, the following changes are made: 1 ° the § 1 is from October 1, 2002, replaced by the following provision: «§ 1.» The salaries of holders of a function to the Council of State shall be fixed as follows (in euros): - first president 66 755 - auditor general 64 989 - President 64 915 - deputy general auditor 63 196 - President of Chamber 57 778 - first auditor head of Section and first referendum section 56 012 Chief - Councillor of State 53 511 - first auditor and first referendum 53 511 - listener and referendum 44 091 - auditor Assistant and legal Secretary Assistant 33 790 - Chief Clerk 53 511 - clerk 25 549 ".
2 ° a § 1bis is inserted, worded as follows: "has from the date determined by the King, by Decree deliberated in the Council of Ministers, the treatment of clerk to the Council of State is set as follows (in euros):-Clerk 29 125.71";
3 ° a § 1B shall be inserted, worded as follows: "§ 1B.» The salaries of the members of the Council of litigation of foreigners and members of the registry of the latter shall be fixed as follows (in euros): - first president 62 000 - President 59 616 - speaker of House 56 010 - j. 45 000 - Chief Clerk 30 612 - clerk 20 252 foreigners litigation function of the Council of State licensees who are appointed to the function of first president or president enjoy the treatment laid down in paragraph 1 including compensation increases and wage supplements provided for in this law.
4 ° to § 2, the following changes are made: has) in the sentence introductory, "to 897 073 francs' shall be replaced by the words" 22 238 euros"and the words"(in francs)"are deleted;
b) amounts '979 ' 94 and 71 234' are replaced respectively by "2 354" and "1 766".
5 ° to § 3, the following changes are made: a) in the introductory sentence, the words

"1 363 072 francs" shall be replaced by the words "EUR 33 790" and the words "(in francs)" shall be deleted;
(b) the amounts '94 979' and "71 234" are replaced respectively by "2 354" and "1766".
S.
208 A section 3 of the Act, as amended by the laws of 3 June 1971, August 2, 1974, 6 January 1989, October 17, 1990, on 3 April 1997 and 25 May 1999, the following changes are made: 1 ° the § 1, 1 °, from October 1, 2002, replaced by the following provision: «1 ° with respect to the first president. , President, the presidents of Chambers, State Councillors, the auditor general, the Deputy auditor general, the first listeners heads of section, the first referendum section heads, first listeners, the first referendum and Chief Clerk: eight successive increases, including the first three of 2 354 euros, the following four of 1 766 euros and the last as follows (in euros) : - First president 3 306 - auditor general 5 072 - President 3 232 - deputy general auditor 4 998 - President of Chamber 2 894 - first auditor head of section and first referendum Chief of section 4 660 - Councillor of State 2 776 - first auditor and first referendum 2 776 - Clerk Chief 2 776 ";
2 ° the § 1, 2 ° to 4 °, is replaced by the following paragraph: "2 ° in relation to the listeners, the referendum, Deputy Auditors and Deputy referendum: eight successive increases to a total of 22 074 euros, including the first three amounted to 2 943 euros and five others to 2 649 euros;
3 ° in relation to the Registrars: eight successive increases to a total of 20 470,31 euros, of which the first three are 3 411,72 euros and the remaining five to 2 047,03 €;
4 ° with respect to the assessors of the legislation section: seven successive increases of a total amount of 7 063 euros, of which the first three amounted to 1 177 euros and the other four at 883 euros. »;
3 ° a § 1bis is inserted, worded as follows: "§ 1bis.»
Salaries and allowances, referred to in articles 1 and 2, are increased, with regard to the members of the Council of litigation of foreigners, after each period of three years of duties to the Council cited above. These increases are as follows: 1 ° in relation to the first president, the president and the presidents of Chambers: eight successive increases, including the first three of 2 354 euros, the following four of 1 766 euros and the last under the following conditions (in euros): - first 3 232 - Chairman 2 894 - speaker of House 2 776.
2 ° in relation to foreigners litigation judges: eight successive increases to a total of 22 074 euros, including the first three amounted to 2 943 euros and the other five 2 649 euros;
3 ° in relation to the Chief Clerk and the table: eight successive increases of a total amount of 11 037 euros, of which the first three amounted to 1 839 euros and five others to 1 104 euros. »;
4 ° to § 2, the words "and to the members of the Council of litigation of foreigners" are inserted after the words "Council of State" and the number "23 744" is replaced each time by "589 euros";
5 ° to § 3, the words "Council of State" and members of the registry of the Council of litigation of foreigners shall be inserted after the words "clerks" and the number "29 680" is every time replaced by "EUR 738";
6 ° a § 3A is inserted, worded as follows: "§ 3A. '. Without prejudice to the other increases referred to in this article, the members of the Council referred to in article 69, 1 ° of the laws on the Council of State, coordinated on 12 January 1973, which do not mandate, and who have at least eleven years of seniority of rank, benefit opinion favourable and formally motivated head of body and for as much as they have not obtained during their periodic evaluation, 'insufficient' evaluation, by an amount of 1 487 euros. The same conditions, the first listeners and the first referendum that are named for at least 11 years in the rank of first auditor or first referendum also benefit from this increase.
If a subsequent periodic assessment gives rise to the above 'insufficient' assessment, the holder of the function referred to in paragraph 1 loses this increase which it has been granted the first of the month following the notification of the final assessment.
This provision does not apply as long as the provisions relating to the periodic evaluation of the function of the Council of State licensees, have not entered into force. »;
7 ° in § 4, paragraph 2, the words "and the members of the Council of litigation of foreigners" are inserted between the words "The owners of a function to the State Council" and the words "remain";
8 ° to § 5, paragraph 1, the following changes are made: a) in the introductory sentence, the words "and to the members of the Council of litigation of foreigners' shall be inserted between the words"holders of office"and the words"taking into account";
(b) at the 3 ° are added after the words "the same terms" the words "as well as the duration of the services provided as a clerk to the Council of State or as a member of the office of the Council of litigation of foreigners, provided that it is, as such, holds the degree of doctor, degree or master's degree in law, and this under the same terms".
(c) paragraph is added as follows: "4 ° the period during which the function of Member of the Council of litigation of foreigners has been exercised with regard to holders of a function to the Council of State and during which the function of holder of a function to the Council of State has been exercised with respect to the members of the Council of litigation of foreigners";
9 ° to § 5, paragraph 2, now paragraph 3, the following changes are made: a) in the introductory sentence, the words "Council of State" and members of the registry of the Council of litigation of foreigners shall be inserted between the words "clerks" and "on".
(b) at the 3 °, shall be inserted after the words "Council of State", the words "" or the Council of litigation of foreigners provided to level A or B and this to the same extent and in the same manner as those determined in the Statute. ";"
(c) in the 4th, the number "2" is replaced by "A or B";
10 ° in § 5, the following subparagraph is inserted between paragraphs 2 and 3: "except when the new calculation is more advantageous, all clerks of the Council of State appointed to the date of the entry into force of this provision, retain the calculation of the periodic increase set at that date.". »;
11 ° to § 6, the words "or as a member of the Council or the Council of litigation of foreigners registry" shall be inserted between the words "Council of State" and "already a function";
12 ° § 7 is supplemented by the following paragraph: "For the calculation of periodic increases, is account of periods during which the Member of the Council or the Registrar of the Council of litigation of foreigners has been placed out of the frame, in application of article 39/51 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.".
S.
209. article 3A of the Act, as amended by the law of 3 April 1997, is replaced by the following provision: «art.» 3A. the holder of function to the Conseil d'Etat or the Member of the Board or the Registrar of the Council of litigation of foreigners called to replace, for three consecutive months at least, the first President, the auditor general, the Chair, the Deputy auditor general, president of Chamber, the first auditor head of section, the first referendum section head, the Chief Clerk or the Clerk to the Council of litigation of foreigners in the exercise of its mandate affects half of the difference between its treatment and that is attached to the mandate exercised temporarily, provided that it meets the criteria to be designated for this term. ».
S. 210. article 3ter of the Act, as amended by the Act of 25 May 1999, is replaced by the following provision: «art.» 3B. holders of office the Council of State, with the exception of the clerks, and the members of the Council of litigation of foreigners referred to in article 1, which are in service of custody, receive a supplement of treatment of 3 223 euros. ».
The clerks of the Council of State and members of the registry of the Council of litigation of foreigners who are Babysitting service, benefit from a supplement of treatment of 2 231 euros. ».
S. 211. in article 3quater of the Act, as amended by the Act of 25 May 1999, the following changes are made: 1 ° "60,000 francs" shall each time be replaced by the words "EUR 1 487";
2 ° article is supplemented by the following paragraphs: "same treatment supplements are granted to the members of the Council and Court of the Council of litigation of foreigners according to the distinctions made in paragraphs 1 and 2.
The function holder which, pursuant to article 39/20, paragraph 3, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, acting as clerk, receives in addition half of extra treatment, referred in paragraph 2, for the period during which it performs this function. ».
S.
212 article 4 of the Act, as amended by the Act of 2 August 1974, the words "and the members of the Council and Court of the Council of litigation of foreigners" are inserted between the words "Council of State" and the words "are linked".
S. 213 A section 5 of the Act, the following changes are made:

1 ° to the paragraph 1, the words "and the members of the Council and Court of the Council of litigation of foreigners" are inserted between the words "holders of office" and the words "referred to the";
2 ° paragraph 2 is supplemented by the following words: "and to the members of the Council and Court of the Council of litigation of foreigners".
CHAPTER VII. -Provisions finals Section Ire. -Final provisions relating to the Council of State art.
214. the Council of State remains responsible for requests for opinions within the meaning of articles 8 and 9 of the law on the Council of State, coordinated on 12 January 1973, pending with the Council at the time of the entry into force of this Act. They are processed in accordance with the provisions in force on the eve of the entry into force of this provision. Articles 51 and 51bis of the laws on the Council of State, coordinated on 12 January 1973, shall continue to apply to these notices.
Without prejudice to paragraph 1, the competent Member of the auditor's office request, according to the State of the procedure relating to the request for an opinion, if the entered House or the competent authority maintains its request for an opinion. The absence of explicit continuation thereof within three months of the request to hold, the request for an opinion is closed ex officio as inadmissible.
S. 215. the Council of State remains responsible for the handling of cases relating to the powers of the Board of mines within the meaning of article 10 of the laws on the Council of State, coordinated on 12 January 1973, pending with the Council at the time of the entry into force of this Act. They are processed in accordance with the provisions in force on the eve of the entry into force of this provision.
S. 216. the provisions of article 17, § 1, paragraphs 5 and 6, § 3, paragraph 1, of the same laws, such that amended by article 6, 3 ° of this Act, shall apply to appeals lodged after the entry into force of this provision.
The provisions of article 17, § 4, paragraph 2, laws on the Council of State, coordinated on 12 January 1973, inserted by article 6, 4 °, this Act shall apply to actions for which no report of the Member concerned of the auditor's office was written at the time of the entry into force of this provision.
S.
217. the eight day period referred to in article 20 of the laws on the Council of State, coordinated on 12 January 1973, as only restored to article 8 of this Act, comes into force on a date determined by the King.
Until that date, the deadline is one month.
One year after the entry into force of article 20, § 2, laws on the Council of State, coordinated on 12 January 1973, as re-established by section 8 of this Act, the Council of Ministers evaluates the grounds for eligibility set out in article 20, § 2, paragraphs 2 to 4, supra.
S. 218. article 21bis, paragraph 3, and article 30, § 6, laws on the Council of State, coordinated on 12 January 1973, inserted by articles 10 and 17 of this Act, shall apply to appeals lodged after the entry into force of this provision.
For appeals introduced before the entry into force of this provision, the applications for intervention in disputes referred to in article 30, § 5, paragraph 1, 2 °, as inserted by the Act, give rise to the payment of a stamp duty of 125 euros. If a person voluntarily intervening in proceedings suspended introduced two requests of intervention, including one for the suspension procedure and the other for invalidation proceedings, this right is only paid for intervention in the proceedings for suspension and is recognised as debet for invalidation proceedings.
S. 219. article 30, paragraph 3, laws on the Council of State, coordinated on 12 January 1973, inserted by article 17, 6 °, of this Act, shall apply to pending cases for which the report of the Member of the Prosecutor's office has not yet notified on the date of the entry into force of article 30, paragraph 3.
S. 220. the computer clerk appointed to the Council of State on the date of entry into force of article 25 (2), may, within four months of the publication of the royal decree referred to in paragraph 3, ask to be appointed on a permanent basis as a member of administrative staff in a grade and equivalent to that of computer clerk employment. This appointment takes place, if any, in excess.
From his appointment as a member of the administrative staff, it loses the status of Member of the registry. It remains, however, authorized, ad personam, to bear the title of information technology clerk.
The King determines, on the advice of the first president, this equivalent employment and the modalities of the transition in administrative staff.
Until the appointment referred to in paragraph 2 or, where applicable, until the day where ends the period provided for in paragraph 1, the computer clerk function is maintained. If the person concerned does not make use of the possibility provided for in paragraph 1, it is referred to the registry, if any surplus. It remains, however, authorized, ad personam, to bear the title of information technology clerk.
S. 221. article 71, § 3, laws on the Council of State, coordinated on 12 January 1973, as amended by article 27 of this Act applies to the appointment of holders of function of the Council of State which are actually eleven years of service since the entry into force of article 71, § 3, supra, and, without prejudice to what is laid down in article 74/8.
S. 222. procedures to meet the actual holidays declared prior to the entry into force of this provision for appointments to the Council of State after the entry into force of this provision, which shall be conferred by mandate and that are initiated prior to the entry into force of this section, are prosecuted in accordance with the rules in force on the eve of the entry into force of this provision.
The mandate holders who, pursuant to paragraph 1, have yet been appointed following the old procedure after the entry into force of this regulation, shall, at the time of their appointment, considered as having been designated as the corresponding mandate-holders.
The procedures for filling vacancies with a mandate which are not finalized until the first day of the fourth month following the entry into force of this provision are included ab initio, in accordance with the provisions of the laws on the Council of State, coordinated on 12 January 1973, in effect at this time.
S.
223. the heads of bodies of the State Council who are appointed at the time of the entry into force of this section shall be deemed be appointed in the position of head of body from the first day of the fourth month following the entry into force of this provision.
They may: 1 ° either make available their function of commanding officer in the month. In this case, a new Chief of corps is appointed according to the procedure laid down by the laws on the Council of State, coordinated on 12 January 1973.
The outgoing commanding officer continues to exercise his office until the appointment of the new head of body;
2 ° or continue to perform their function of Chief of corps for a period of five years. They have to this end, in the month following the expiry of the period referred to in paragraph 1, a management plan meeting the requirements of the coordinated laws on the Council of State. At the end of the term, their mandate can be renewed in accordance with the laws on the Council of State, coordinated on 12 January 1973.
For the purposes of this article, the period of ten years referred to in article 74/3, § 1, paragraph 2 of the laws on the Council of State, coordinated on 12 January 1973, shall commence on the date determined by the King.
After the availability of the function of commanding officer, they continue to receive personal treatment and increases y related, and this until the day of their retirement, resignation, dismissal or, where applicable, their appointment or designation in another function or mandate, and this at least two years.
Where appropriate, they exercise in excess, as the case may be, the mandate Deputy President of Chamber or first auditor head of Division, in which they are deemed be appointed permanently and retain personally their rank. If necessary, the surplus disappears when the declaration of vacancy for a Deputy mandate.
S. 224. as from the entry into force of this section, the Deputy to the Council of State mandate holders are deemed be appointed in their deputy mandate. The nine-year period begins from the initial appointment service.
S. 225. the first periodic evaluation or the first newsletter evaluation of incumbents of function to the Council of State is established between the sixth and the twelfth month after this provision came into force three years without prejudice to provisions to the contrary, the provisions relating to the status of holders of function to the Council of State for which requirements are asked periodic assessment or assessment bulletin shall apply 18 months after this provision came into force for three months.
S. 226 articles 111, paragraph 6 and 112 of the laws on the Council of State, coordinated on 12 January 1973, amended respectively by articles 61 and 62 of this Act, do not apply to holders of function which, at the date of the entry into force of this provision, shall be deemed be designated by law in a Deputy mandate and which , in this

date, are detached or were put outside, and for the duration of their secondment or taken out of context, including renewal.
S. 227. at the date fixed by the King, in the laws on the Council of State, coordinated on 12 January 1973, "administrative section" shall be replaced by the words "section of the administrative litigation".
The King is empowered to introduce the new name referred to in paragraph 1 in all existing laws with reference to the "administration" section.
S. 228. the King can coordinate the provisions of the laws on the Council of State, coordinated on 12 January 1973, and the provisions that would, until the time of coordination, expressly or impliedly made changes.
To this end, it may: 1 ° otherwise organize the provisions to coordinate, including by ordering them or numbering otherwise;
2 ° renumber accordingly the references contained in the provisions to coordinate;
3 ° rewrite the provisions to coordinate for consistency and uniformity, without prejudice to the principles that are enrolled.
Coordination will be entitled as follows: "laws on the Council of State, coordinated the..." ».
S. 229. till the day of the entry into force of this provision, the treatment of the auditor general Assistant near the Council of State, referred to in article 1, § 1, of the law of April 5, 1955 relative to the salaries of holders of a function, such as amended by article 207 of the Act, remains set at 59 618 euros.
Section II. -Final provisions regarding the establishment of the Council of litigation of foreigners art. 230 § 1. Applications for review pursuant to section 64 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners who are pending with the Minister of the Interior on the date referred to in article 231 become ex officio without object. The Minister or his delegate shall communicate this fact to the applicant for revision and informed him that, on pain of forfeiture, it may, within thirty days of the notification of this communication, convert its application for review in request for annulment of the decision whose review is sought.
Unless the claimant was brought pursuant to article 69, paragraph 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, as it was for the application on the eve of the date referred to in article 231, a direct appeal to the Council of State against the decision whose review is sought, the applicant may , on penalty of forfeiture, within a period of thirty days following notification of the request referred to in paragraph 1, introduce a cancellation request to the Council of litigation of foreigners against the initial decision which requested the review.
Except by agreement with foreign, no measure of expulsion from the territory cannot be executed forcibly respect abroad for the period fixed in accordance with paragraph (2) for the introduction of appeal during the consideration of this appeal by the Council of litigation of foreigners, recourse to the original including the review decision has been requested, nor such measures cannot be taken with respect to abroad due to facts that gave rise to the decision which is the subject of the action.
§ 2.
The State Council is responsible for the action for annulment within the meaning of article 69, paragraph 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners who were pending on the date referred to in article 231, on the understanding that the reason for suspension referred to in article 69, paragraph 3, of the Act of 15 December 1980 ceases to have effect.
Until a final ruling by the Council of State concerning the use, the alien who brought an action for annulment pursuant to article 69, paragraph 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners can avail themselves of the intended benefit to the § 1, paragraph 3.
S. 231. the King fixed by Decree deliberated in the Council of Ministers and no later than one year after the publication of this Act, the date on which the Council of litigation of foreigners is competent to hear appeals referred to in article 39(1) of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
S. 232. the Council of State remains competent to hear, on the basis of the provisions that apply to the eve of the date referred to in article 231, the action for cancellation and suspension brought against individual decisions taken pursuant to the laws on access to the territory, residence, establishment and removal of foreigners.
These remedies are treated in accordance with the provisions in force on the eve of the date referred to in article 231.
S.
233. as long as the back court to the State Council concerning the annulment and suspension appeals against individual decisions taken under the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners is not eliminated, at least two bedrooms francophone and two Flemish rooms and at least nine members of the auditor's Office know first and foremost of these remedies.
According to the data recorded on the workload of function and the evolution of the pending cases and the judicial back licensees, the chefs de corps may, each with regard to its powers, decide that one or more members of these rooms or the auditor's Office are assigned, in whole or in part, or in priority to other litigation for the duration and the type of litigation which they shall determine. They make mention in the progress report referred to in article 74/6 of the laws on the Council of State, coordinated on 12 January 1973, inserted by section 30 of this Act.
If, after three years judicial, the judicial back in the cases referred to in paragraph 1 is not eliminated, the chefs de corps make report to the General Assembly and take the necessary remedial measures. They explain them in the activity report referred to in article 74/6.
S.
234. § 1. The remedies that are pending before the Standing Committee for appeals by refugees on the date fixed in accordance with article 231 are deemed to be hanging right before the Council of litigation of foreigners.
Decisions on which are taken under advisement at the date referred to in paragraph 1 are pronounced in the month following the date specified in paragraph 1. If the discussions are to be reopened, these cases are pursued in Council of litigation of foreigners in accordance with the powers and procedure that were applicable at the time of the closing of the discussion.
The first president and the president of the Council of litigation of foreigners, assisted by the Chief Clerk and administrator, prepare an inventory of cases that are transferred in accordance with this provision.
§
2. Unless in an action, the first President or the member designated by the Commission permanent remedies refugees made pursuant to article 235, § 3, the first president or president, each as regards its competence, or the judge delegated by him, asks in the targeted actions to the § 1-the applicant to continue the proceedings and to complete the query pending so that it complies with the procedural rules prevailing before the Council of litigation of foreigners.
The request to continue supplementing the initial request shall, on pain of unacceptability, satisfy the conditions referred to in article 39/69, § 1, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners. By derogation from article 39/69, § 1, paragraph 2, 4 °, this latter rule is not prescribed on pain of inadmissibility.
The applicant is presumed to withdraw if it does not introduce by registered letter within thirty days from the date of notification of the request referred to in paragraph 1, a request for continuation of proceedings supplementing the initial query. In this case the request will be processed in accordance with article 39/73 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners such as amended by this Act.
The Chief Clerk mention this presumption in the notification of the request referred to in paragraph 1.
If the applicant introduced within the time limit referred to in paragraph (2) a request for continuation of proceedings completing the initial application, the proceedings are continued in accordance with the provisions of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners such as amended by this Act.
S.
235. § 1. The Standing Committee of appeal refugees remains competent to hear appeals referred to in article 57/11 of the Act of 15 December on access to the territory, residence, establishment and removal of foreigners, up to the day before the date referred to in article 231.
From the date to be determined by the King, until the eve of the date referred to in article 231, as regards to appeals against the decisions of the Commissioner-general for refugees and stateless persons who are pending during this period, the competence of the Standing Committee for appeals by refugees is extended to the jurisdiction to consider whether the applicant alien meets the conditions referred to in article

48/4 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
§ 2. Concerning remedies which are pending pursuant to the § 1 and for which no hearing date is yet set, the Standing Committee for appeals by refugees has the same powers as those that are assigned by this Act to the Council of litigation of foreigners.
The Standing Committee for appeals by refugees may in particular: 1 ° confirm or alter the contested decision;
2 ° annul the contested decision either because the contested decision is vitiated by a substantial irregularity which cannot be repaired by the Standing Committee for appeals by refugees, either because it lacks essential elements that imply that the Standing Committee of appeal of refugees cannot conclude to the confirmation or the reformation referred to in 1 ° is provided for additional training measures.
These remedies are treated in accordance with the procedure and under the conditions laid down in articles 39/9, 39/17, 39/18, 39/56 to 39/67, 39/69 to 39/77 of the Act of 15 December 1980, as inserted by this Act, on the understanding that the words "The Council" must each time be understood as "The Standing Committee of appeal of refugees".
§ 3. In the cases referred to the § 1, the first president or the member designated by him asks the applicant to continue the proceedings and to complete the pending query so that it complies with the procedural rules prevailing before the Council of litigation of foreigners.
The request to continue supplementing the initial request shall, on pain of unacceptability, satisfy the conditions referred to in article 39/69, § 1, of the Act of 15 December 1980. By derogation from article 39/69, § 1, paragraph 2, 4 °, of the law of 15 December 1980 the latter rule is not prescribed on pain of inadmissibility.
The applicant is presumed to withdraw if it does not introduce a request for continuation of proceedings supplementing the initial request by registered letter within thirty days from the date of notification of the request referred to in paragraph 1.
The notification of the request referred to in paragraph (2) makes mention of this presumption.
If the applicant introduced within the time limit referred to in paragraph 2, a request for continuation of proceedings completing the initial application, the proceedings are continued in accordance with the provisions referred to in § 2, paragraph 3.
§ 4. The remedies which are pending pursuant to this provision and for which a hearing date is set, are treated in accordance with prevailing on the eve of the entry into force of this provision.
The decisions of the Standing Committee for appeals by refugees are likely by an appeal in cassation to the Council of State. Article 57/23 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, as it was in force on the eve of its repeal by this Act, applies to these appeals in cassation.
Article 20 of the laws on the Council of State, coordinated on 12 January 1973 applies to the appeals lodged against the decisions of the Standing Committee of appeal refugees, introduced after the entry into force of this provision.
S. 236. § 1.
The first designation, in the context of the creation of the Council of litigation of foreigners, the first president and the president of the Council of litigation of foreigners is done by the King, by order deliberated in the Council of Ministers, among the candidates who are, for at least five years, either: 1 ° member of the Council of State referred to in article 69, 1 ° to 3 ° included laws on the Council of State, coordinated on 12 January 1973;
2 ° a permanent member of the Standing Committee for appeals by refugees who meet the conditions referred to in article 39/19, § 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, as inserted by the Act.
On the day of the publication in the Moniteur belge referred to in § 2, paragraph 1, the candidate must be at least five years from the age limit referred to in article 39/38 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
A member of the Commission permanent appeal of refugees that is designated as the first president or President, is at the same time appointed to the Council of litigation of foreigners. At the end of the mandate, the person concerned is appointed, appropriate surplus, in the function of judge in litigation of foreigners.
In this case, it will rank at the time where he was appointed first president or President in the context of its designation.
If a holder of function of the Council of State is designated as first president or president and the person asked, at the end of the mandate, to be appointed, in accordance with article 39/24, § 3, paragraph 4 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, to the Council of litigation of foreigners, this implies an appointment If in excess, to judge litigation of foreigners. In this case, the person concerned will rank at the time where he was appointed first president or President in the context of its designation.
§
2. The Minister of the Interior published in the Moniteur belge referred holidays to the § 1.
The publication mentions the holidays, the conditions of appointment, the deadline for the submission of applications which is at least a month and the authority to whom it should be sent.
Candidates for the office of first president or president joined their bid their curriculum vitae and a forward-looking plan in which they expose their vision on the establishment of the Council of litigation of foreigners and on the modalities of work of it as soon as the Board will exercise its functions in applications of article 231.
§ 3. The period of ten years and the period of five years referred to in article 39/24, § 1, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners take courses on the date referred to in article 231.
The first president submits in the month following the date referred to in article 231 a management plan that responds to the provisions of article 39/24, § 2 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
S. 237 § 1. The first designation in the context of the creation of the Council of litigation of foreigners to a Chief Clerk to the Council of litigation of foreigners is done by the King, by order deliberated in the Council of Ministers, among the candidates who are, for at least three years, either: 1 ° appointed as a member of the Council of State registry referred to in article 69 , 4 ° of the laws on the Council of State, coordinated on 12 January 1973 or perform the function of Registrar assumed the Council of State;
2 ° appointed to act as Chief Clerk, clerk head of Department, Registrar or Clerk Assistant near the courts and tribunals;
3rd holders of a diploma giving access to level functions in public administrations or exercise such a function and provide the evidence of useful experience of at least three years.
§ 2. The Minister of the Interior published in the Moniteur belge referred holidays to the § 1. The publication mentions the holidays, the conditions of designation, the deadline for the submission of applications which is at least a month and the authority which they should be sent.
Unless the applicant provides proof of knowledge of the other language in accordance with article 242, the proof of knowledge of the other language in article 39/21, § 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners must be provided no later than before the end of the first period of three years.
The period of three years referred to in article 39/25, § 2 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners begin to run on the date determined under section 231.
S.
238. § 1. The first appointment in the context of the creation of the Council of litigation of foreigners to the administrator of the Council of litigation of foreigners, is done by the King, by order deliberated in the Council of Ministers, among the candidates who fulfil the conditions referred to in article 39/55 of the Act of 15 December 1980 on access to the territory, residence the establishment and removal of foreigners.
§ 2. The Minister of the Interior published in the Moniteur belge referred vacancy in the § 1. The publication mentions the vacancy, the conditions of designation, the deadline for the submission of applications which is at least a month and the authority to which they must be sent.
The proof of knowledge of the other language in article 39/55, paragraph 3 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners must be provided no later than before the end of the first period of four years.
The four-year time limit under article 39/55 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners begin to run on the date determined under section 231.
S. 239 § 1. The first appointment in the context of the creation of the Council of litigation of foreigners to foreigners litigation judges is done by the King, by order deliberated in the Council of Ministers, among the candidates who fulfil the conditions referred to in article 39/19, § 2 of the Act of 15 December 1980 on access to the territory,

the residence, establishment and removal of foreigners and judged in accordance with § 2 capable, and this joint proposal motivated the first president and the president of the Council of litigation of foreigners, after they examined the admissibility of the applications and compared titles and merits of the candidates.
For the purposes of this section, the permanent members of the Standing Committee for appeals by refugees who may rely on the application of article 3 of the law of 16 March 2005 amending article 57/12 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, shall not satisfy the requirement to be in possession of a doctoral degree Licensee and master in law at the first appointment at the time of the creation of the Council of litigation of foreigners.
If the first President or President don't provide proof of knowledge of the other language in accordance with article 39/21 of the Act of 15 December 1980 on access to the territory, residence, establishment and expulsion of foreigners or in accordance with article 242 of the Act, they are assisted by office by a member of the Conseil d'Etat bilingual within the meaning of article 69 (1) of the laws on the Council of State, coordinated on 12 January 1973. This bilingual member is designated for this purpose by the first president of the Council of State and belongs to the same linguistic role as candidate.
§ 2. At the initiative of the first president of the Council of litigation of foreigners, the Minister of the Interior published in the Moniteur belge holiday referred to the § 1. The publication mentions the holidays, the conditions of designation, the deadline for the submission of applications which is at least a month and the authority which they should be sent.
The Minister of the Interior organizes a selection test which determines the content and modalities.
Are exempted from the selection referred to in paragraph (2) exams: applicants which, at the time where they are doing candidate, exercise the function either legal Secretary at the Court of arbitration, or holder of service referred to in article 69 1 ° to 3 ° of the laws on the Council of State, coordinated on 12 January 1973, or judge or judicial order Advisor , is a permanent member of the Standing Committee for appeals by refugees.
§
3. The first president and the president presented their joint proposal motivated as well as all applications and the assessment thereof to the Minister of the Interior.
S. 240 § 1. The first presidents of room designated by the General Assembly of the Council of litigation of foreigners among the Board members that provide proof that they have spent at least three years a judicial function, or among holders of function of the Council of State referred to in article 69, 1 ° to 3 ° of the laws on the Council of State, coordinated on 12 January 1973 who are appointed for at least three years in the above-mentioned quality.
at the date of the publication in the Moniteur belge referred to in § 2, paragraph 1, the candidate must be at least three years from the age limit laid down in article 39/38 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
§
2. The Minister of the Interior published in the Moniteur belge on the initiative of the first president of the Council of litigation of foreigners planned holidays in the § 1. The publication mentions the holidays, the conditions of designation, the deadline for the submission of applications which is at least a month and the authority which they should be sent.
The first designation made by General Assembly composed of the first president and president and member of the Council of litigation of foreigners appointed pursuant to section 239, as far as twenty judges at the foreigners litigation have taken oath.
§ 3. If in application of § 1 a holder of service of the Council of State is designated to the mandate Assistant of president of Chamber, after evaluation, it may be appointed permanently in accordance with article 39/25 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners by the appointing authority after having carried out his duties for nine years.
The final appointment to the Council of litigation of foreigners at the same time involves the appointment in excess of the person responsible for the function of judge in litigation of foreigners. In this case, it will rank at the date of his first appointment to the Deputy mandate. This appointment implies the resignation of right of the Council of State. In this case, it retains the treatment, increases, wage supplements and allowances related to the function of owner of the COS function unless higher than not linked to the function that it takes.
Express written request submitted at least two months before the expiration of the Deputy mandate, he may waive its final designation referred to in paragraph 2. In this case, at the end of the Deputy mandate, he resumed the mandate or function to which he was appointed or designated last. Where appropriate, this is done in excess. Where the person concerned is not named in the warrant which he resumed the exercise, it is deemed to be designated for the period for which the warrant is granted.
S. 241 § 1. The first designation of the clerks in the context of the creation of the Council of litigation of foreigners is done by the King, by order deliberated in Council of Ministers, on the basis of two lists of candidates proposed on the one hand by the first Chairman and President and on the other hand by the Chief Clerk, among the candidates who fulfil the conditions referred to in article 39/20 , paragraph 2, of the Act of 15 December 1980 on access to the territory, residence, the establishment and the expulsion of foreigners and judged in accordance with § 2 capable.
§ 2. at the initiative of the first president of the Council of litigation of foreigners, the Minister of the Interior published in the Moniteur belge holiday referred to the § 1. The publication mentions the holidays, conditions of appointment, the time limit for the submission of applications, which is at least a month, and the authority which they should be sent.
The Minister of the Interior organizes a selection test which determines the content and modalities.
Are exempted from the selection under paragraph (2) exams: applicants who, at the time where they are candidates, perform for at least five years the member function of the registry of the Council of State referred to in article 69, 4 ° of the laws on the Council of State, coordinated on 12 January 1973, or clerk assumed the State Council or Chief Clerk Clerk's Department head, Registrar or Registrar associate the courts and tribunals.
S. 242 § 1. The members of the Council of litigation of foreigners referred to in articles 236 to 241, providing evidence of the knowledge of the French language or Dutch referred to in article 43, § 3, paragraph 3, the laws on the use of languages in administrative matters, coordinated by the royal decree of 18 July 1966 or articles 5 and 7 of the Act of July 30, 1938, concerning the use of languages on the date of their appointment or appointment to the army , are expected to have proven knowledge of the language other than that in which their degree was established in article 39/21, § 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners inserted by article 106.
§ 2. The members of the Council of litigation of foreigners referred to in articles 236 to 241, that on the date of their appointment or appointment, provide proof of knowledge of the German language for the level has referred to in article 15, § 1, paragraph 3, the laws on the use of languages in administrative matters, coordinated by the royal decree of 18 July 1966 , or which prove to be appointed official, they have made in German their consideration for access to this function in accordance with article 43, § 4, paragraph 3, the laws mentioned above, are expected to have proven knowledge of the German language in article 39/21, § 3, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
If during the first designation or appointment no judges or attorneys provides evidence of sufficient knowledge of the German language in the sense of the paragraph 1 of article 39/21, § 3, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, the first president decides if the examination of a case which has been introduced in German is treated in french or Dutch. In this case, the documents to the use of the Council are translated as the case may be in french or Dutch. The speeches are held in french or in Dutch as the case may be, or in German with simultaneous translation. The judgment is pronounced in German.
S.
243. This article and articles 235, § 1, paragraph 2, 236-242 come into force the day of its publication in the Moniteur belge.
The King determines the date of entry into force of articles 6, 3 °; 6, 4 °, 17, 1 ° to 6 °; 25, 2 °; 52, 4 °; 216; 219 and 220.
Other sections come into force the first day of the second month following that in which this law has been published in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, September 15, 2006.
ALBERT by the King: the Deputy Prime Minister and Minister of the Interior, P. DEWAEL

Deputy Prime Minister and Minister of Justice, Ms. L. ONKELINX the Minister for Middle Classes and Agriculture, Ms. S. LARUELLE. the Minister of environment and Pensions, B. TOBBACK sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) records of the House of representatives: DOC 51-2479 (2005/2006): No. 1: Bill.
No. 2: Appendices.
our 3-8: amendments.
No. 9: Opinion of the Council of State.

No. 10: amendments.
No. 11: report.
No. 12: Text adopted by the commission.

No. 13: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 12, 2006.
(2) documents of the Senate: 3 - 1787 - 2005/2006: 3 - 1787 - 2005/2006: No. 1: draft transmitted by the House of representatives.
No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: July 14, 2006.

Related Laws