15 SEPTEMBER 2006. - Law reforming the Council of State and creating a Council of Foreign Litigation (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the laws on the Council of State, coordinated on 12 January 1973
Art. 2. In Article 7 of the Laws on the Council of State, coordinated on 12 January 1973, the words "given opinions or" are deleted.
Art. 3. Sections 8, 9 and 10 of the Acts of 9 August 1980 and 16 June 1989 are repealed.
Art. 4. Article 14, § 1^er, the same laws, as amended by the law of May 25, 1999, the words "of the Council of State and administrative courts" are inserted between the words "of the Court of Arbitration," and the words "and the organs of the judiciary".
Art. 5. Section 16, 2°, of the same laws is repealed.
Art. 6. The following amendments are made to section 17 of the Acts of 16 June 1989 and amended by the Acts of 19 July 1991, 4 August 1996 and 25 May 1999:
1° § 1^erthe following modifications are made:
(a) in paragraph 1^erthe words "Article 14, § 1" are replaced by the words "Article 14, §§ 1 and 3";
(b) the paragraph shall be supplemented by the following paragraphs:
"When the applicant requests the suspension of the execution, he must either opt for an emergency suspension or for an ordinary suspension. Under penalty of inadmissibility, it may not, simultaneously or consecutively, apply again paragraph 3, or request the suspension in the request referred to in § 3.
By derogation from paragraph 5 and without prejudice to the provision of § 3, the rejection of the application for suspension under the extreme emergency procedure does not preclude the applicant from subsequently introducing a request for suspension under the ordinary procedure, where the request for a suspension in extreme emergency was rejected on the ground that the extreme emergency is not sufficiently established. »;
2° § 2, paragraph 2 is supplemented as follows: "and are not more likely to review. »;
3° § 3, paragraph 1^er is replaced by the following provision:
"Except in the case of extreme urgency, the application for suspension and the appeal for cancellation must be introduced by one act.
In the title of the request, it should be mentioned that either a remedy for cancellation or a request for suspension and a remedy for cancellation is introduced. If this formality is not satisfied, it will be considered that the request contains only a remedy for cancellation.
As soon as the application for cancellation is filed, a request for suspension subsequently filed is not admissible, without prejudice to the possibility offered to the applicant to introduce, in the manner referred to in this section, a new remedy for cancellation with a request for suspension, if the appeal period has not yet expired. »;
4° § 4 is supplemented by the following paragraph:
"The King shall determine in the rules of procedure referred to in section 30, where, after it has been decided by interlocutory judgment on the application for suspension, the designated member of the Auditorate shall not establish a new report, as well as the rules to be followed in this regard. »;
5° in § 6, paragraph 2, the second sentence is deleted.
Art. 7. Section 19 of the Acts, amended by the Acts of 24 March 1994 and 25 May 1999, is amended as follows:
1° paragraph 2 is completed as follows:
"When this condition is not fulfilled, the limitation periods take place four months after the individual has become aware of the act or decision within the individual scope. »;
2° the article is supplemented by the following paragraph:
"An appeal for cassation cannot be filed without the assistance of a person referred to in paragraph 3, who must sign the request. "
Art. 8. Section 20 of the Acts repealed by the Act of 24 March 1994, is reinstated in the following wording:
« § 1^er. The appeal for cassation referred to in Article 14, § 2, shall be treated only when it is declared admissible under § 2.
§ 2. Each appeal for cassation is, as soon as it is referred to the role, and on the basis of the request and the record of the proceedings, immediately subject to the admission procedure.
Appeals for cassation for which the Council of State is incompetent or without jurisdiction or which are irrelevant or manifestly inadmissible are not declared admissible.
The appeals in cassation which invoke a violation of the law or a violation of a substantive rule of law or a violation of a formal rule of law are only deemed to be null and void, provided that the means invoked by the appeal is not manifestly unfounded and that the violation is indeed of such a nature as it may lead to the cassation of the quarrated decision and may have influenced the scope of the decision.
The appeals in cassation for which the Council of State is not incompetent or without the power of jurisdiction to rule on the appeal in cassation or which are not without object or manifestly inadmissible and whose examination by the section is necessary to ensure the unity of jurisprudence.
§ 3. The first president, the president, the chamber chair or the state councillor having at least three years of seniority, designated by the head of body who is responsible for the administration section, shall, by order, decide within eight days of receiving the court file, on the admissibility of the appeal in cassation, without hearing and without hearing the parties. Immediately after receipt of the request, the Chief Clerk requests a communication from the court file to the administrative court whose decision is challenged by a cassation appeal. This jurisdiction shall communicate the case within two working days of the request for communication to the State Council.
The order that refuses the admissibility of the appeal gives a brief reason for refusal.
The order is directly served on the parties in cassation in accordance with the terms established by a royal decree deliberated in the Council of Ministers. This Royal Decree may also determine the cases in which a notification to the administrative authorities in question referred to in article 14, paragraph 2, of the device and the object is sufficient, as well as the form and conditions under which such notification is made and the manner in which these orders are fully accessible to that party.
No opposition or third-party opposition may be filed against the orders made under this provision, which are not more subject to review.
§ 4. The cassation proceedings are initiated when the cassation appeal is declared admissible under this provision. The board to which the appeal is pending shall decide on the appeal for cassation within six months of the order referred to in § 3.
§ 5. The King shall determine, by a deliberate order in the Council of Ministers, the procedure for examining the admissibility of cassation referred to in this article. "
Art. 9. In article 21, paragraph 6, of the same laws, replaced by the law of 17 October 1990, the words "or in the communication that article 17, § 4, last paragraph, was applied" are inserted after the words "of the auditor's report".
Art. 10. Article 21bis of the same laws, replaced by the law of 25 May 1999, is supplemented by the following §:
“§3. If the person who has an interest in the solution of the case intervenes in the context of a request for suspension that has been filed, in accordance with Article 17, § 3, paragraph 1^er, in the same act as the remedy for cancellation, this request for intervention is valid both for the application for suspension and for the appeal for cancellation. "
Art. 11. Article 23, paragraph 1^er, the same laws are replaced by the following paragraph:
"The administration section corresponds directly by mail to all authorities and administrations that it considers necessary. "
Art. 12. Section 24, as amended by the Acts of 17 October 1990 and 4 August 1996, is supplemented by the following paragraph:
"If it appears, after application of paragraph 2, that the conclusions of the report do not permit the resolution of the dispute, in its judgment, the board may charge the Auditorate, as the case may be, of the examination of one or more means or exceptions that it specifies, or of the subsequent examination of the appeal with an instruction that it orders in its judgment. "
Art. 13. In section 25 of the Act, as amended by the Act of 27 May 1974, the following amendments are made:
1st paragraph 1^er is replaced by the following paragraph:
"If there is an investigation, the section orders that it be conducted either at its hearing or by the member of the Council of State or by the competent member of the Auditorate designated by the Auditor General. The Auditor General or the member of the Auditorate designated by him may perform duties of instruction on his or her own behalf. »;
2° in paragraph 2, the words "or the Auditor General" are inserted after the words "The Chamber";
3° in paragraph 3, the word "francs" is replaced by the word "euro".
Art. 14. Article 27 of the same Acts, amended by the Acts of 4 August 1996 and 25 May 1999, the first two paragraphs form paragraph 1^er, is supplemented by the following paragraph:
Ҥ2. The President of the Chamber of the Council of State to whom the appeal against a decision of the Council of Aliens Litigation is pending, or the State Council designated by him, may, on his own motion or at the request of one of the parties, order that the matter be examined in private.
It may also order it when the administrative record contains documents that are recognized as confidential under section 39/64 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
Such documents may not be mentioned, invoked or repeated in any act of the proceedings, under penalty of nullity of the proceedings. "
Art. 15. In section 28, the following amendments are made:
1° Paragraph 2 is replaced by the following paragraph:
"The interlocutory or final decision shall be brought to the attention of the parties in accordance with the terms set out by a royal decree deliberated in the Council of Ministers. This Royal Decree may also determine the cases in which a notification to the administrative authorities in question referred to in Article 14, of the device and the object of the order is sufficient, as well as the form and conditions under which such notification limited to the parties may take place and the manner in which such decisions are accessible to that party in their full version. »;
2° in paragraph 3, the words "and the orders referred to in Article 20, § 3" are inserted between the words "The judgments" and the words "of the State Council".
Art. 16. Article 29, paragraph 1^er, the same laws, amended by the laws of 4 August 1996 and 25 May 1999, the number "10," is deleted.
Art. 17. Section 30 of the Acts, amended by the Acts of 18 April 2000 and 2 August 2002, is amended as follows:
1° to § 1^er, paragraph 2, the words "as well as stamp and registration fees" are deleted;
2° § 1^er, paragraph 2, is supplemented as follows:
"it sets out the modalities to pay costs and expenses; it determines the cases in which the parties or their lawyers may jointly decide that the case should not be dealt with in public meetings.
If, pursuant to paragraph 2, the cause is not treated in public session, the Auditor shall not render an opinion;"
3° § 1^er is completed by the following paragraph:
"By derogation from paragraph 2, the King may, by order deliberately in the Council of Ministers, set a shorter period of limitation for the appeal in cassation referred to in article 14, § 2, without the latter being less than fifteen days. »;
4° to § 2, paragraph 1^er, the words "manifestly inadmissible, manifestly unfounded or manifestly founded" are replaced by the words "or which call only brief debates";
5° § 2, paragraph 2, is repealed;
6° § 3 is replaced by the following provision:
“§3. The section of administration may, according to an expedited procedure defined by a royal decree deliberated in the Council of Ministers, cancel the act or the regulation if the opposing party or the party having an interest in the settlement of the dispute does not introduce any request for the prosecution of the proceedings within 30 days of the notification of the auditor's report in which the cancellation is proposed, or, if it is made application of article 17, § 4 »;
7° the article is supplemented by the following paragraphs:
Ҥ 5. Give the payment of a stamp fee of 175 euros :
1° the introductory requests for compensation in respect of the repair of exceptional damage caused by an administrative authority;
2° the introductory requests for a remedy for annulment against the acts and regulations of the various administrative authorities or for an appeal for cassation, as well as requests for suspension of the execution of an act or regulation of an administrative authority, under the conditions set out in paragraph 2;
3° requests in opposition, third-party opposition or revision.
Where the suspension of the execution of an act or regulation of an administrative authority is requested, the tax set out in paragraph 1^er, 2°, is paid immediately only for the application for suspension. In this case, the fee for the request for annulment is payable only when an application for the prosecution of the procedure referred to in Article 17, § 4ter is filed and is paid by the person or persons requesting the prosecution of the proceedings, without prejudice to § 6.
When the State Council is seized with a request for suspension and a request for cancellation, and pursuant to the procedure referred to in § 2, it considers that the application is not applicable, or where the application has been terminated pursuant to the procedure of the summary proceedings referred to in § 2, the request for cancellation does not give rise to the payment of the tax.
When the Council of State is seized with a request for a suspension and a request for a cancellation, and during the suspension proceedings, the appellant disclaims himself, or when the act under appeal is withdrawn so that there is no longer a need to decide, the Council of State may take a decision by a single decision on the request for a suspension and on the request for a cancellation without levying a request,
In the event of a collective request for cancellation, those applicants who have not applied for the suspension must, under penalty of inadmissibility, immediately pay the right due to the request for cancellation.
§ 6. Give rise to the payment of a stamp fee of 125 euros, the requests for intervention filed concerning the disputes referred to in § 5, paragraph 1^erTwo.
If pursuant to section 21bis, § 3, the tax referred to in paragraph 1^er must be paid only once. This tax is paid immediately upon the introduction of the intervention request referred to in section 21bis, § 3.
If a person who has an interest in the solution of the dispute in the context of the suspension proceedings has been admitted as an intervening party in the application for suspension, the introduction by that party of a request for the prosecution of the proceedings as referred to in Article 17, § 4ter does not give rise to the payment of a tax.
§ 7. Collective requests result in the payment of the tax as many times as there are applicants.
§ 8. Except for notifications made under the order referred to in §§ 1^er at 3, the issuance by the Registrar of a signed or unsigned shipment, copy or excerpt will result in the payment of a tax of 50 cents per page to be calculated in accordance with the provisions of sections 273 and 274 of the Registration, Mortgage and Registry Rights Code.
§ 9. The King shall determine, by order deliberately in the Council of Ministers, the method of collecting the taxes referred to in paragraphs 5 to 7 and 9. "
Art. 18. The following amendments are made to section 33 of the Acts:
1° to paragraph 1^er, the words "and the orders referred to in Article 20, § 3" are inserted each time after the words "stops";
2° in paragraph 3, the words "or the order referred to in Article 20, § 3." are inserted after the words "the order".
Art. 19. In section 37 of the Act, reinstated by the Act of 17 February 2002, the following paragraph shall be inserted between paragraphs 1^er and 2:
"If the Council of State considers, after an appeal for cassation has been declared inadmissible under Article 20, that the fine referred to in paragraph 1^er, is justified, another member of the Council of State that the member of the Council of State having made the decision of non-admissibility sets a hearing for that purpose at a close date. "
Art. 20. Section 51 of the Acts and section 51bis of the Acts of 9 August 1980 and amended by the Acts of 31 December 1983 and 16 June 1989 are repealed.
Art. 21. Article 53, paragraph 1^er, the same laws, as amended by the law of May 25, 1999, the words "advertising requests" and the number "10" are deleted.
Art. 22. In Article 63 of the same Acts, amended by the Acts of 16 June 1989 and 4 August 1996, the words "Notices issued under Article 10 and" are deleted.
Art. 23. Section 66 of the Acts is supplemented by the following paragraph:
"By derogation from paragraph 1^er, the refugee candidate must, under penalty of inadmissibility, apply his or her appeal and other procedural documents in the language determined when the asylum application is introduced in accordance with Article 51/4 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. » .
Art. 24. In chapter I of Part VII of the Acts, sections 69 to 74 form a section 1, entitled as follows:
“Section 1^re. General provisions".
Art. 25. Section 69 of the Acts of 18 April 2000, 14 January 2003 and 2 April 2003 are amended as follows:
1° to 1°, the numbers "two" and "trent" are replaced respectively by "fourteen" and "twenty-eight";
2° to 4°, the words "including an IT clerk" are deleted.
Art. 26. Section 70 of the Acts, amended by the Acts of 17 October 1990, 24 March 1994, 6 May 1997, 8 September 1997 and 22 March 1999, is amended as follows:
1° to § 1, the following paragraph shall be inserted between the first and the second paragraph:
"The General Assembly of the Council of State may organize a selection test according to the manner it determines. »;
2° § 1^erParagraph 8, which becomes paragraph 9, is supplemented as follows:
"Without prejudice to the provision of paragraph 11, the appointment shall be made on the basis of the list submitted by the State Council when the period referred to in that paragraph has expired. »;
3° to § 2, paragraph 1^er, the words "doctor or Licensee in Law" are replaced by the words "doctor, Licensee or Master in Law";
4° § 2, paragraph 1^er, 4°, is supplemented by the following words: "or be a member of the Council of the Litigation of Foreigners referred to in section 39/1 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens;"
5° § 3 is repealed;
6° § 4 is replaced by the following provision:
Ҥ4. State advisers are appointed for life. The first president, the president and the chamber chairs are appointed in these functions among the state advisers on the conditions and in the manner determined by these laws. "
Art. 27. Section 71 of the Acts, as amended by the Acts of 17 October 1990, 4 August 1996, 6 May 1997 and 25 May 1999, are amended as follows:
1° to § 1^erParagraphs 1^er and 2 are replaced by the following:
"Deputy listeners and deputy referees are appointed by the King on a list indicating the order of their classification to a contest whose conditions the Council of State determines. The jury to examine the candidates includes two members of the Council of State, the Auditor General or the Deputy Auditor General and a first auditor appointed by him and a person outside the institution. The members of the Council of State and the foreign person to the institution are appointed by the General Assembly of the Council of State. Auditors are designated by the Auditor General or the Assistant Auditor General, as the case may be. The duration of the competition is three years.
To be admitted to the contest referred to in paragraph 1^er, the candidate must be 27 years old, be a doctor, graduate or master in law and then have acquired a useful professional experience of a legal nature of three years. In the event of a challenge, the jury decides the admission to the examination. »;
2° to § 2 are made the following amendments:
(a) in paragraph 1^er, under (a), the words "or the deputy general auditor as appropriate" are inserted between the words "the general auditor," and the words "the deputy auditors";
(b) in paragraph 1^er, under (b), the words "or the president as the case" are inserted between the words "the first president," and the words "the deputy referendums";
(c) in paragraph 2, the words "or the president as the case may be" are inserted between the words "of the first president," and the words "or the general auditor";
3° to § 3, whose existing text will constitute paragraph 1^erthe following modifications are made:
(a) in paragraph 1^er, the word "Sont" is replaced by the words "Maybe" in the introductory sentence;
(b) the § is supplemented by the following paragraphs:
"The appointment referred to in paragraph 1^er shall be carried out on notice, respectively, of the Auditor General or the Deputy Auditor General, of the Head of Body responsible for the Legislation Section and of the Coordination Office.
The auditor or referee who, at the last periodic review prior to the notice referred to in paragraph 2, was assigned the "insufficient" assessment as a final assessment, cannot be appointed. »;
4° §§ 3bis, 3ter and 4 are repealed;
5° to § 5 are made the following amendments:
(a) in paragraph 1^er, the words "and the deputy general auditor" are inserted between the words "general auditor" and the word "may" and the word "may" is replaced by the word "may";
(b) in paragraph 2, the words "or the deputy general listener as the case may be" are inserted between the words "general listener" and the words "or the first president" and the words "or the president as the case" are inserted between the words "first president" and the word "respectively".
Art. 28. The following amendments are made to section 72 of the Acts amended by the Acts of 17 October 1990, 19 July 1991, 4 August 1996 and 25 May 1999:
1° § 1^er, paragraph 2, 3°, is supplemented by the words "or member of the Registry of the Council of Foreign Litigation referred to in section 39/4, paragraph 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. »;
2° § 1^er, paragraph 4, is supplemented by the words "or if they were appointed members of the Registry of the Council of the Litigation of Foreigners referred to in section 39/4, paragraph 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens";
3° §§ 2 and 3 are repealed.
Art. 29. In the same laws, an article 73/1 is inserted after section 73, which reads as follows:
"Art. 73/1. The first president, in consultation with the president, determines whether he is responsible for the legislation section and the Coordination Office or the administration section, so that a body leader who is justified in the knowledge of the French and Dutch language always has the responsibility of the legislation section. The other body chief's mandate is therefore responsible for the other section. The two heads of bodies are working together to determine whether the exercise of their distinct competences in this matter has an influence on their respective competencies.
The appointment of administrative staff members and the allocation of available resources is carried out by the first president in accordance with his management plan, in close consultation with the president and heads of bodies of the Auditorate.
The first president shall communicate to the Minister of the Interior the allocation of tasks under this provision. "
Art. 30. It is inserted in Part VII, Chapter I of the same Acts, after Article 74, a section 2, including sections 74/1 to 74/6, as follows:
“Section 2. The designation and exercise of mandates
Sub-section 1^re. - Mandates
Art. 74/1. The terms of office of head of body and deputy mandates form the mandates of the State Council.
Exercising the mandate of Head of Body, the incumbents of the mandate of First President, President, Auditor General and Deputy Auditor General.
Exercising the Deputy Mandate, the incumbents of the terms of office of House President, Chief Auditor, First Referendum Chief of Section and Chief Clerk.
Art. 74/2. § 1^er. In order to be designated as the first president or president, the candidate must be appointed for at least eleven years as the holder of office within the meaning of Article 69, 1° to 3°, of which at least five years as a state councillor.
At the time of the effective commencement of the body chief's term, the candidate must have at least five years less than the age limit referred to in section 104. This age limit is not applicable in the event of a renewal of the body chief's mandate.
§ 2. No one can be appointed Auditor General unless he is an Assistant Auditor General, Chief Auditor or First Auditor.
No one may be appointed Deputy Auditor General unless he is the first Chief Auditor or first Auditor.
At the time of the effective commencement of the body chief's term, the candidate must have at least five years less than the age limit referred to in section 104. This age limit is not applicable in the event of a renewal of the body chief's mandate.
§ 3. In order to be designated as a chamber president, the candidate must be appointed for at least three years as a state councillor.
At the time of the effective commencement of the deputy term, the candidate must be at least three years less than the age limit referred to in section 104. This age limit is not applicable in the event of a renewal of the Assistant Mandate.
§ 4. Without prejudice to the application of Article 71, § 1^er, paragraph 5, the first section chief auditors and the first section chief referees are designated among the first listeners and first referees.
At the time of the effective commencement of the deputy term, the candidate must be at least three years less than the age limit referred to in section 104. This age limit is not applicable in the event of a renewal of the Assistant Mandate.
§ 5. To be appointed Chief Clerk, the candidate must:
1° to be aged 30 years;
2° having passed one of the following examinations:
(a) the referendum contest to the Court of Arbitration;
(b) the referendum examination to the Court of Cassation;
(c) the examination of an assistant auditor or deputy referendum to the Council of State;
(d) the professional fitness examination provided for in article 259 bis of the Judicial Code;
(e) the examination for admission to the judicial internship referred to in article 259quater of the Judicial Code;
(f) examination at the level of level 1 recruitment, "legal" qualification, for the administrations of the federal authorities, communities and regions and for the public bodies that depend on it, as well as for the services of the Court of Arbitration and the services of the Council of State;
(g) the examination of the rank of attacking recruitment, "legal" qualification, for the Legislative Chambers and community and regional parliaments;
3° have a useful experience of at least three years.
At the time of the effective commencement of the deputy term, the candidate must be at least three years less than the age limit referred to in section 104. This age limit is not applicable in the event of a renewal of the Assistant Mandate.
Sub-section II. - Mandate designation procedure
Art. 74/3. § 1^er. The holders of the mandate of head of body shall be appointed by the King for a five-year term, which may be renewed once.
After the expiration of each ten-year period, the function of head of body is declared vacant in full right. Under penalty of inadmissibility, may only introduce their application, the incumbents of office who demonstrate, by their degree, that they have passed the examination of a doctor, a Licensee or a Master of Law in the other language, French or Dutch, than that of the former head of body. The head of the siege can assist in the declared vacant mandate of his linguistic role.
The first president and the president take their term on the same day. The ten-year period referred to in paragraph 2 takes place on that day. The same rule applies to the mandates of Auditor General and Deputy Auditor General.
§ 2. Applicants have a management plan for their application. The King can fix the object of this plan.
The General Assembly of the Council of State shall hear the candidates from office.
The General Assembly of the Council of State shall, after considering the admissibility of the applications and having compared the respective titles and merits of the candidates, proceed to the explicit reasoned presentation of a candidate for the vacant term of head of body. It communicates this motivated presentation and all nominations and their evaluation to the Minister of the Interior.
The candidate presented by the General Assembly of the Council of State may be designated by the King as head of body. The King makes his decision within two months of receiving the presentation. In the event of a refusal, the General Assembly of the Council of State shall, upon receipt of this decision, have a period of fifteen days to make a new presentation, in accordance with the above rules.
If, after the new submission, the King makes a second decision of refusal within two months of the receipt of the new submission, it shall proceed in accordance with paragraph 4, unless the same candidate has been submitted. In the latter case, the Council of State must present another candidate or decide that the appointment procedure must be resumed from the beginning.
§ 3. Between the third and the second months before the end of the body chief's term, the body chief may ask the general assembly to renew the mandate. He attached to this request his management plan and a report on the exercise of the previous mandate.
The General Assembly of the Council of State assesses the application for renewal and decides whether the mandate should be renewed. The decision on non-renewal implies, in full right, the vacancy announcement of the mandate.
If it is a body chief's mandate at the Auditorate, the meeting referred to in paragraphs 1^er and 2 is called body meeting. For the purposes of this paragraph, the body meeting is composed of the first chief auditors, first listeners and listeners of the linguistic role in which the mandate must be renewed.
In the event of non-renewal of the terms of reference, the person concerned shall, at the expiry of the term, resume the exercise of the function or mandate to which he or she was appointed or designated in the last place, if any, overcrowded. When the interested party has not been appointed to the mandate for which it resumes the fiscal year, it is considered to have been designated for that purpose for the entire period for which the mandate was granted.
The mandate of body chief who is not renewed or who, pursuant to § 1^er, paragraph 2, shall be declared to be vacant in full right, but shall not cease until the new head of body resumes the term without the period exceeding nine months from the notification of the non-renewal decision or the date of the vacancy announcement.
If the mandate holder has exercised the same terms of reference twice in a row, he or she shall be entitled in the two years following the end of the second term of the terms of the remuneration allocated to the head of the body, as well as the increases and benefits associated with it, unless he or she resumes a term of head of body with a higher salary.
§ 4. Before the expiry of the term, the holder of the terms of office of head of body may make his or her term available by registered letter to the post or against receipt, addressed to the Minister of the Interior.
It is, however, put an end to the body chief's mandate only when the new body chief resumes the mandate without the time limit being extended for nine months after receiving the release. This period may be reduced by the King upon a reasoned request from the person concerned.
The provisions of § 3, paragraph 3, shall be applied to the head of body who shall make his or her mandate as head of body available in advance.
The holder of the body chief's office who makes it available before the expiry of the term can no longer apply for a body chief's term for a period of two years from the day that he or she has effectively waived his or her mandate. For the purposes of this provision, the designation of a head of body for another head of body is not considered to be an advance disposition of the head of body.
§ 5. When the body chief's mandate is to be filled before the expiry of the period referred to in § 1^er, paragraph 2, only persons who belong to the same linguistic role as the head of body whose mandate as head of body has taken an anticipatory end may, under pain of inadmissibility, apply.
The duration of the person's head of body mandate that pursuant to paragraph 1^er, is designated head of body, is by derogation from § 1^erParagraph 1^erlimited to the remaining duration of the mandate that has been phased out proactively.
If, at the time of the effective vacancy of the term of office of first president or general auditor, less than one year must still be completed until the end of the period referred to in § 1^er, paragraph 2, the President or Deputy Auditor General shall replace the first President or Auditor General in the exercise of his or her mandate for the remainder of the current term.
If the actual vacancy of the term referred to in the preceding paragraph is for the term of office of President or Deputy Auditor General, it will be replaced by the House Chair or the first Section Chief Auditor on the basis of the order of service of the same linguistic role.
The replacement referred to in paragraphs 3 and 4 shall be terminated in full at the time of the appointment of a new mandate holder.
Art. 74/4. § 1^er. The incumbents of an Assistant Mandate are designated as follows:
1st Chamber Presidents shall be appointed by the General Assembly among its members;
2° the first auditors section chiefs are appointed by the King on the advice of the Auditor General or the Deputy Auditor General, as the case may be;
3° the first section chief referees are appointed by the King on the advice of the first president or the president if he 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. Appointments to deputy mandates are valid for a three-year period that may be renewed after evaluation. After nine years of exercise of the function, the relevant mandate holders are, after evaluation, designated definitively in this mandate by the appointing authority.
If the application of Article 71, § 1^er, paragraph 5, the term of the deputy term shall, by derogation from paragraph 1^erlimited to the remaining part of the mandate begun.
§ 3. In the event of non-renewal of the Deputy Mandate, the Contracting Party shall, at the expiry of the Deputy Mandate, resume the exercise of the position to which it was last appointed, if any, overcrowded.
If no incumbent has been appointed to the terms of office of Chief Clerk, in the event of non-renewal, the Contracting Party shall be appointed as a Clerk, if any overnumbered, without section 72, § 1^eror application.
§ 4. Prior to the expiry of the term of office, the holder of the term may make it available by registered letter to the post or addressed to the Minister of the Interior against receipt. However, it is only terminated upon the expiry of a period of nine months from the receipt of the provision. This period may be reduced by the King upon a reasoned request from the person concerned.
The provisions of § 3 are applicable to the incumbent who makes his or her term available before the expiry of the term and does not assume any other mandate.
Art. 74/5. The exercise of a body chief's mandate is incompatible with the exercise of an assistant mandate.
If the holder of an Assistant Mandate resumes a post of Head of Body during his or her term of office, his or her Deputy Mandate effectively becomes vacant on the day of the resumption of the Head of Body term.
Sub-section III. - The exercise of the mandate
Art. 74/6. § 1^er. The holder of a body chief's mandate is required to prepare an annual activity report in which the implementation of its management plan and the evaluation of its management plan are described. - Where applicable, this report contains the adaptations to the plan, outlines the needs and proposals to improve the functioning of the Council and to resolve the backlog. The first president shall group these reports in a single report and transmit it before 1^er October to the Minister of the Interior.
The King may determine the terms and conditions for the application of this provision, as well as the content of this activity report.
§ 2. The first president attached to his activity report referred to in § 1^erthe following data for the past judicial year:
1° the statistics by litigation or by the nature of the notice requests, showing the number of new cases during this period as well as the number of cases settled by final decision or by notice during the same period. The report also mentions the total workload of the sections, with the evolution of this work reserve also measured by the number of reports filed or notices rendered by the Auditorate;
2° evolution :
- pending cases and judicial arrears, including the procedure for admissibility of cassation appeals;
- the personnel framework and the occupation of staff;
- logistics;
- the workload;
Data referred to in paragraph 1^er, 1°, relating to the first six months of the current judicial year are also provided before 1^er April of the current judicial year.
The Minister of the Interior determines the standardized form that activity reports must be written. "
Art. 31. It is inserted in Part VII, Chapter I^er, of the same laws, section 3, including articles 74/7 to 74/12, as follows:
“Section 3. - Evaluation of Council, Auditorate and Coordination Bureau members
Sub-section I^re. - General provisions
Art. 74/7. § 1^er. With the exception of the heads of bodies, the members of the Council, the Auditorate and the Coordination Office are subject to a written, descriptive and motivated assessment, which is either periodic when it comes to an appointment or an evaluation of the deputy mandate.
These assessments are carried out within 30 days of the expiry of the deadlines set out in this section.
The periodic assessment does not include a final statement unless the evaluator considers that the evaluator is "insufficient". The assessment of mandate holders may result in a "good" or "insufficient" assessment.
§ 2. The evaluation is carried out on the basis of personality criteria as well as on the intellectual, professional and organizational capacities, including the quality of the services provided and thus without prejudice to the independence and impartiality of the incumbent.
The King shall determine, on a reasoned proposal by the first president and the Auditor General, each with respect to his or her competence, and the General Assembly having been heard, the evaluation criteria, taking into account the specificity of the functions and mandates, and shall define the terms and conditions for the application of these provisions.
§ 3. The evaluation is preceded by a schedule interview between the evaluator and the evaluator. One or more operating interviews may take place during the evaluation cycles.
The evaluator prepares an evaluation project, which may already include a "insufficient" final assessment proposal. This project is, prior to the evaluation interview, communicated to the evaluated against acknowledgement of receipt dated. It can still be adapted according to this interview. At the end of the assessment, the evaluator gives a preliminary indication.
The first President or Auditor General, as a member of the Council, the Coordination Office or the Auditor General, shall send a copy of the preliminary assessment to the individual against acknowledgement of receipt dated or by letter recommended by the position with acknowledgement of receipt. If the interested party fails to make written comments on this interim assessment within the time limit set out in paragraph 4, it becomes final at the expiry of that period.
The applicant may, under penalty of discontinuation, within 10 days of notification of the provisional assessment, make written comments, against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt, respectively to the first president or to the Auditor General, who attachs the original to the assessment file and transmits a copy to the assessor. Within thirty days of receipt of the copy of these observations, the latter shall conduct a written and final assessment in which it shall respond in writing to these observations. Within ten days of the receipt of the final assessment, the head of body shall forward a copy of it to the individual against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt.
§ 4. A person who has applied § 3, paragraph 4, may lodge an appeal against the final assessment within 10 days of the notification of the final assessment, subject to penalty of loss, with:
1° of an assessment board composed of the first president or president as the case may be, and chamber chairs of the same linguistic role as the individual who, in the first instance, did not conduct the assessment of the members of the Council and the Coordination Bureau;
2° of an assessment board composed of the Auditor General or the Assistant Auditor General as the case may be, and of the first auditors section heads of the same linguistic role as the individual who, in the first instance, did not conduct the evaluation of the members of the Auditorate.
The appeal is filed against acknowledgement of receipt dated or sent by registered letter to the position to the attention of the first president or, with respect to the members of the Auditorate, to the attention of the Auditor General. A timely appeal suspends the performance of the final assessment.
The assessment board referred to in paragraph 1^er means the person concerned, if the person has made the request in his appeal. It has a period of sixty days from the receipt of the appeal, respectively, by the first president or the Auditor General to make a final decision on the evaluation.
§ 5. The evaluation files are retained by the first President with respect to the members of the Council and the Coordination Office, and by the Auditor General with respect to the members of the Auditorate. The evaluations are confidential and can be consulted at any time by the interested parties. They are kept for at least ten years.
During each appointment, presentation or renewal of terms of reference, the assessment file for the last six years of the individual is attached to the attention of the appointing authority.
§ 6. The King may determine the terms and conditions of application of this provision.
Sub-section II. - Periodic evaluation
Art. 74/8. § 1^er. The periodic evaluation of a member of the Council, the Auditorate or the Coordination Office takes place, for the first time, one year after the swearing-in in the function to be assessed and then every three years.
§ 2. With respect to Council members, the assessment is carried out by the Chair of the Board for which it is designated.
The assessment of the board chairs designated on a final basis in accordance with Article 74/4, § 2, paragraph 1^er, is performed by the head of body responsible for the section of which is part of the evaluation. If this body leader has not graduated in the language of the evaluated and is not bilingual, he is assisted by the oldest bilingual room president in grade of those who belong to the linguistic role of the evaluated.
§ 3. With respect to the members of the Auditorate, the evaluation is conducted by the first Chief Auditor.
Derogation from paragraph 1^er, the assessment of the first conductors designated as final in accordance with Article 74/4, § 2, paragraph 1^er, is performed by the Auditor General or the Assistant Auditor General.
§ 4. With respect to the members of the Coordination Office, the evaluation is carried out by the first Section Chief Referendum.
Derogation from paragraph 1^er, the assessment of the first referendums heads of section designated definitively in accordance with Article 74/4, § 2, paragraph 1^er, is carried out by the first president or president if he is responsible for the legislation section. If this head of body has not graduated in the language of the evaluated and is not bilingual, he is assisted by the oldest bilingual assistant mandate holder in grade of those who belong to the linguistic role of the evaluated.
§ 5. If a member of the Council, the Auditorate or the Coordination Bureau obtained, during a periodic assessment, the final and final assessment "insufficient", the latter shall, beginning on the first day of the month following the notification of the final assessment, result in the loss for six months of the last triennial increase referred to in Article 3, § 1, of the law of 5 April 1955 relating to the treatments of the holders of a position to the Council of a judge
Without prejudice to paragraph 1^er, the exemptions obtained shall be suspended in full law for the period specified in paragraph 1^er pursuant to Article 107, paragraph 2. No new exemptions may be obtained during this period.
In the event of a "insufficient" statement, the individual is subject to a new assessment after a period of six months. If it gets a new "insufficient" assessment, paragraphs 1^er and 2 are applied for a new six-month period.
Sub-section III. - Evaluation of Assistant Mandates
Art. 74/9. § 1^er. The assessment of the incumbents of an Assistant Mandate shall take place at the end of each period for which the mandate was granted and no later than four months before the expiry of the period.
§ 2. The assessment of room chairs is carried out by the head of body responsible for the section of which is part of the evaluation. If this body leader has not graduated in the language of the evaluated and is not bilingual, he is assisted by the oldest bilingual room president in grade of those who belong to the linguistic role of the evaluated.
§ 3. The assessment of the incumbents of the department chief auditor's mandate is conducted by the Auditor General or the Assistant Auditor General.
§ 4. The assessment of the holders of a First Referendum Chief of Section is carried out by the first president or the president if he is responsible for the Legislation Section. If this head of body has not graduated in the language of the evaluated and is not bilingual, he is assisted by the oldest bilingual assistant mandate holder in grade of those who belong to the linguistic role of the evaluated.
§ 5. If the mandate holder obtains the "good" assessment, his mandate is renewed. If the person obtains the "insufficient" assessment, the person concerned shall, at the expiry of his or her term, resume the exercise of the function in which he or she was last appointed, if any overcrowded. The first president transmits to the Federal Internal Public Service a provision whereby the extension or termination of the mandate is established.
Mandate holders who are appointed on a final basis after nine years are subject to a periodic evaluation.
Section 4. - Evaluation of Registry Members
Sub-section I^re. - Evaluation of the Chief Clerk
Art. 74/10. § 1^er. The assessment of the term of office of Chief Clerk shall take place at the end of each period for which the term was granted and no later than four months before the expiry of the period.
§ 2. The evaluation is carried out jointly by the first president and the president according to the procedure set out in article 74/12.
The licensee referred to in paragraph 1^er who is not bilingual within the meaning of Article 73, § 2, means a bilingual holder of an assistant mandate who has obtained his degree in the language of the evaluated, in order to assist him in the evaluation.
§ 3. The evaluation is conducted on the basis of personality criteria as well as on intellectual, professional and organizational capacities, including the quality of the services provided.
The King shall, on the proposal of the first president and the Auditor General, establish the criteria for the assessment and the terms and conditions for the application of this provision.
§ 4. If the mandate holder obtains the "good" assessment, his mandate is renewed. If the assessment is "insufficient", the procedure referred to in Article 74/4, § 3, is applicable. The first president transmits to the Federal Internal Public Service a provision whereby the extension or termination of the mandate is established.
§ 5. The holder of the term Chief Clerk who is appointed on a final basis after nine years is subject to the periodic assessment referred to in section 74/7, including the consequences provided for in section 74/8, § 5.
Sub-section II. - Clerk evaluation
Art. 74/11. § 1^er. Every two years, an evaluation bulletin of all Clerks is prepared.
In the evaluation bulletin, the Chief Clerk and the House Chair jointly express their views on the value and behaviour of the Clerk, including the quality of the benefits provided, using descriptive formulas, in accordance with the guidance provided.
With the exception of the Chief Clerk, the evaluators must justify by their degree that they have passed the examination of a doctor, a Licensee or a Master of Law in the same language, French or Dutch, as the evaluated.
The periodic evaluation does not include a final assessment unless the evaluators consider that the evaluated merits the reference "insufficient".
The King shall determine the terms and conditions for the application of these provisions.
§ 2. The evaluation bulletin is prepared for the first time between the ninth and twelfth months of effective service.
The evaluation covers the period since the last evaluation bulletin.
The Clerk may request a new evaluation, not earlier than one year after the previous evaluation was prepared.
§ 3. If a Clerk has obtained, in a periodic assessment, the final and final assessment "insufficient", it shall, from the first day of the month following the notification of the final assessment, result in the loss for six months of the last three-year increase referred to in Article 3, § 1^er, of the Act of 5 April 1955 on the treatment of holders of office in the Council of State, magistrates and members of the Registry of the Council of the Litigation of Foreigners.
Without prejudice to paragraph 1^erthe exemptions obtained pursuant to section 107, paragraph 2, shall be suspended in full law for the period specified in paragraph 1^er. No new exemptions may be obtained during this period.
In the event of an "insufficient" assessment, the individual is subject to a new assessment after six months. If it obtains a new "insufficient" assessment, paragraph 1^er and 2 are again in application.
Subsection 3. - The assessment procedure of the Chief Clerk and the Clerk
Art. 74/12. § 1^er. The evaluation referred to in this section is preceded by a schedule interview between the evaluation and its reviewers. One or more operating interviews may take place during the evaluation cycles.
Evaluators jointly draft an evaluation project that may already include, where appropriate, a "insufficient" final assessment proposal. This project is transmitted to the evaluated against acknowledgement of receipt dated prior to the evaluation interview and discussed with the evaluated. It can possibly be adapted according to maintenance. After this interview, the evaluators jointly draft a provisional assessment.
The first president shall provide a copy of the interim assessment to the interested party against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt. If the interested party does not make written comments on the provisional assessment within the time limit set out in paragraph 4, it becomes final after the expiry of that period.
In a 10-day period from the date of notification of the provisional assessment, the interested party may send its written comments, against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt, to the first president, who shall attach the original to the assessment file and transmit a copy to the reviewers. They jointly write, within thirty days of receiving these remarks, a final written assessment in which they respond in writing to the remarks made. Within ten days of receipt of the final assessment, the first president shall forward a copy to the interested party against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt.
§ 2. The interested person who applied § 1^er, paragraph 4, may, under penalty of termination, appeal against the final decision, within ten days from the notification of the final assessment to an assessment board composed of the first president, the president and chamber chairs.
The appeal shall be lodged against acknowledgement of receipt dated or by registered letter to the post with acknowledgement of receipt. An appeal filed on time suspends the completion of the final assessment.
The assessment board referred to in paragraph 1^er means the interested person, if he has made the application in his appeal. It has a period of sixty days from the receipt of the appeal by the first president to make a final decision based on the evaluation.
§ 3. The evaluation files are retained by the first president in respect of the Chief Clerk and the Chief Clerk in respect of the Clerks. The evaluations are confidential and can be consulted at any time by the interested parties. They are kept for at least ten years.
During each appointment, presentation or renewal of terms of reference, the assessment file for the last six years of the individual is attached to the attention of the appointing authority.
§ 4. The King may determine the procedure for the application of this provision. "
Art. 32. Articles 75 and 76 of the Acts form section 5, entitled:
“Section 5. - Specific provisions concerning the Auditorate".
Art. 33. Article 76, § 1^er, the same laws, as amended by the Acts of 4 August 1996 and 2 April 2003, the following paragraphs shall be inserted between paragraph 1^er and paragraph 2:
"Without prejudice to the provisions for specific time limits, the members of the Auditorate who participate in the instruction in the section of the administration shall consider, as a matter of priority, remedies for declared admissible cassation as well as remedies for annulment where they are not applicable, call for discontinuation or be removed from the role.
When it appears that the appeal requires only brief debates, the designated member of the Auditorate deals with the request filed.
The Auditor General and the Assistant Auditor General shall report in the activity report referred to in Article 74/6 on the application of the requirements set out in paragraphs 2 and 3.
Members of the Auditorate do not participate in the examination of the admissibility of cassation appeals referred to in Article 20. "
Art. 34. Article 77 of the same Acts forms section 6, entitled as follows:
“Section 6. - Specific provision for the Coordination Office".
Art. 35. Section 77, paragraph 2, of the same Acts, replaced by the Act of 4 August 1996 and amended by the Acts of 25 May 1999 and 2 April 2003, is supplemented by the words "or the President if he is responsible for the Legislation Section. "
Art. 36. In the same laws, a section 7 is inserted after section 77, which reads as follows:
“Section 7. - Specific provision for transplant members
Art. 77/1. The Chief Clerk is responsible for the management of the Registry, under the direction and control of the first president and the president, each with respect to his or her skills.
The first president or the chair shall designate, each with respect to his or her competence and after the advice of the Chief Clerk and the House Chair concerned, the Clerks who assist the House Chair. "
Art. 37. In the same laws, section 8 is inserted after section 77/1, entitled as follows:
“Section 8. - Specific provisions".
Art. 38. Article 78/1, as follows, is inserted in the same laws:
"Art. 78/1. The King determines, after a reasoned opinion from the first president and the Auditor General, how the office holder's workload is recorded, and how these recorded data are evaluated. "
Art. 39. Article 78/2, as follows, is inserted in the same laws:
"Art. 78/2. If the absence of a member of the Council, the Auditorate, the Coordination Office or the Registry is due to illness, the regularity of the absence may be subordinated respectively by the first President or the President, the Auditor General or the Deputy Auditor General or the Chief Clerk, to a control carried out by the Administrative Health Service, which is part of the Administration of the Medical Expertise, as set out in the regulations. "
Art. 40. Section 79 of the Acts, amended by the Acts of 6 May 1982 and 4 August 1996, is amended as follows:
1st paragraph 1^er is replaced by the following paragraph:
"The law section is composed of twelve members of the Council of State, and a maximum of ten assessors. It consists of four chamber presidents and eight state councillors, appointed by the first president in consultation with the president. They are chosen in such a way that four of them justify knowledge of the French language, four of the Dutch language and four of the French and Dutch languages. »;
2° in paragraph 2, the words "The members of the Council of State who are part of the section of administration 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 who are part of the section of administration".
Art. 41. In section 81, the same laws, as amended by the laws of 6 May 1982 and 25 May 1999, are amended as follows:
1° in paragraph 2, the first sentence is replaced by the following provision:
"The rooms are presided over by chamber chairs who have been designated to be part of the legislation section. »;
2° the article is supplemented by the following paragraph:
"The first president or president, if he is responsible for the legislation section, sits, as required by the service, in a chamber of the section, which he chairs. "
Art. 42. In section 83, as amended by the laws of 6 May 1982, 31 December 1983, 4 August 1996 and 2 April 2003, the first sentence is replaced by the following provision:
"The first president shall receive the requests referred to in sections 2 to 6 and as a rule the distribution between the four chambers according to a system defined in his management plan. "
Art. 43. In section 85bis of the same laws, inserted by the law of 13 June 1979 and amended by the law of 6 May 1982, the following amendments are made:
1° the words "the first president" are replaced by the words "the first president or the president, if he is responsible for the legislation section";
2° the article is supplemented by the following paragraph:
"When the Auditor General is of the opinion that paragraph 1^er the first president or the president, if he is responsible for the legislation section, orders the referral to the chambers brought together. "
Art. 44. In article 86, paragraph 2, of the same laws, as amended by the law of 18 April 2000, the words "or the president if he is responsible for the section of administration" are inserted after the words "first president" and the word "may" is replaced by the word "may".
Art. 45. Section 87 of the Acts of 4 August 1996, 8 September 1997 and 18 April 2000 are amended as follows:
1° paragraphs 2 and 3 are replaced by the following:
"At least six members of the Council, three Dutch speakers and three Francophones, consider the admissibility of cassation appeals referred to in section 20. The first president or the president, if he is responsible for the administration section, may adapt this number to the needs of the service, so that the period referred to in Article 20, § 3, is always respected.
The first chair or chair, if responsible for the administration section, determines each month the average processing time for the eligibility examinations processed in the past month. As soon as it appears that this average processing time exceeds the double of the period referred to in Article 20, § 3, the first president or the president, if he is responsible for the section of administration, shall take the necessary measures to remedy it, until the average processing time previously determined shall again comply with the period referred to in Article 20, § 3, paragraph 1^er.
In particular, it may be additional chambers and may designate all members or members of the section of administration who are solely or partly responsible, as a matter of priority, for the processing of appeals in the application procedure for cassation. The competent head of body reports to the Minister of the Interior and to the General Assembly of the Council of State for the application of this provision.
Service holders designated under paragraph 3 shall not meet the age requirement provided for in Article 20, § 3.
The administrative section deals with cassation remedies as well as non-objective cancellation remedies, for which the Auditorate considers that they only call short debates, or that contain a discontinuation or that must be removed from the role. »;
2° to paragraph 5, which becomes paragraph 8, the words "by the first president if he is responsible for the legislation section" are inserted between the words "composed" and the words "members".
Art. 46. Article 89, paragraph 1^er, as amended by the Act of 6 May 1982, is replaced by the following provision:
"The administration section consists of chamber chairs and state advisers, who are not designated to be part of the legislation section. The first president or president sits, as required by the service, in a room of the section, which he chairs. "
Art. 47. Section 90 of the Acts, amended by the Acts of 4 August 1996 and 25 May 1999, is replaced by the following provision:
"Art. 90. § 1^er. The Boards of the Administration Section are three members.
They are, however, a member:
1° on applications for suspension and interim measures;
2° in the case of annulment or appeal in cassation for which it is applied in articles 17, §§ 4bis and 4ter, 21, paragraph 2 or 26, or where the appeal is to be declared irrelevant, or which calls for discontinuation or must be removed from the role, or in the case of the processing of applications that only result in brief debates.
Derogation from paragraph 1^er, the presiding officer may order the referral of a case to a chamber composed of a member where the legal complexity or interest of the case does not oppose it.
By derogation from paragraph 2, the presiding officer may, if the appellant has requested it in a reasoned or ex officio manner, order the referral of a case to a chamber composed of three members where the legal complexity or interest of the case or specific circumstances require it.
§ 2. When examining the admissibility of the cassation appeal referred to in section 20, the seat shall always be one member.
When the holder of a term of office as a chamber president considers that, in order to ensure the unity of case law in the chamber, a case must be dealt with by three judges, he or she directs the reference to a chamber composed of three members.
In order to ensure the unity of the case law, the holder of a term of office of chamber chair shall immediately inform the first president or president as the case may be, of cases which, in his opinion, must be dealt with by the chambers gathered from the section of administration. "
Art. 48. In Article 92 of the same laws, replaced by the law of 4 August 1996, the two paragraphs form § 1^erthe following modifications are made:
1° in paragraph 1^er, the words "The first president" are replaced by the words "the first president or the president";
2° the following paragraph shall be inserted between the first and the second paragraph:
"If the first president and the president do not feel necessary to convene the general assembly, the presiding officer shall inform the board of the case. If the board, after deliberation, requests the convening of the general assembly, the first president or the president if he is responsible for the administration section, is required to follow up. »;
3° the article is completed by the following §:
Ҥ2. When the first president or the president, after taking the advice of the member of the Council for the Review of the Eligibility of the Cassation Appeal within the meaning of section 20, considers that this review must, in order to ensure the unity of case law, be treated by the chambers gathered in the section of administration, order the reference to the chambers assembled. If it considers that the interest of the case requires it, it may decide, by derogation from the foregoing, to refer the matter to the General Assembly of the Administration Section.
If the first president and the president do not consider it necessary to convene the chambers, the presiding officer shall inform the chamber of the case. If the board, after deliberation, requests the convening of the chambers brought together, the first president or the president if he is responsible for the administration section, is required to follow up. "
Art. 49. Section 93 of the Act, replaced by the Act of 16 June 1989 and amended by the Act of 4 August 1996, is repealed.
Art. 50. An article 95bis, as follows, is inserted in the same laws:
"Art. 95bis. § 1^er. With respect to the composition of the chambers assembled from the section of administration referred to in Article 92, § 2, the first president or the president, if he is responsible for the section of administration, shall each year designate two different language chambers responsible for the processing of cassation appeals and the six members of which thus represent the chambers assembled from the section of administration.
§ 2. The chambers assembled from the administrative section, referred to in Article 92, §2, are presided over by the oldest chamber president or, if not, by a chamber president designated by the oldest chamber president among the state advisers present.
Without prejudice to paragraph 1^er, the first president and the president, if he is responsible for the administration section, may participate in the chambers gathered from the administration section. In that case, he took the presidency. "
Art. 51. Article 97, paragraph 1^er, the same laws, as amended by the Act of 16 June 1989, are repealed.
Art. 52. In section 102bis, the same laws, inserted by the Act of 4 August 1996, the following amendments are made:
1° to paragraph 1^er, the words "for a three-year renewable period" are replaced by the words "for a five-year renewable period";
2° in paragraph 2, the words "level 1" are replaced by the words "level A";
Paragraph 3 is replaced by the following paragraphs:
"The administrator is in his capacity as the holder of a mandate, under the authority of the first president and the Auditor General, each with respect to his/her competences, in charge of the administrative management of the Council of State and its infrastructure, with the exclusion of the powers that fall under the Clerk in chief, under section 77/1. It also ensures, with respect to these competencies, day-to-day management.
Without prejudice to section 102, the first president may entrust to the administrator the competencies that he has set for administrative personnel management. The administrator shall consult with the Chief Clerk if the competencies identified in paragraph 3 may have an impact on the competencies of the Chief Clerk.
The administrator prepares an annual report of activity in which he mentions, inter alia, previous competencies, as well as the impact of the evolution of the workload on the means available to the Council of State.
The report also contains a presentation of all measures that could have a budgetary impact. He transmits this report to the first president and to the Auditor General who can add their remarks. The first president transmits this report to the Minister of the Interior before 1^er October. »;
4° to paragraph 4, which becomes paragraph 7, the words "The treatment of the administrator is fixed in scale 15/1. » are replaced by the words "The King determines the financial status of the administrator. "
Art. 53. An article 102ter, as follows, is 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 the Administrator, appoints the holder of the Assistant Terms of Reference of the Director of Staff and Organization and the holder of the Assistant Terms of Reference of the Director of Budget and Management for a period of five years renewable, which coincides with the beginning and end of the period during which the administrator exercises his or her mandate.
Before the expiry of the term, the mandate holder may make his or her mandate available by registered letter to the post or against receipt, addressed to the Minister of the Interior. However, the mandate is terminated only at the time the new manager resumes the mandate without the time limit being longer than nine months from the date of receipt of the facility. This period may be reduced by the King upon a reasoned request from the person concerned. The duration of the term of office of the person who is designated as the director of supervision in the mandate that has been phased out proactively, by derogation from the provisions of 1^er paragraph, is limited to the remaining term of the mandate that has been phased out proactively.
No person shall be appointed to hold the terms of reference of the Assistant Director of Staff Management and the organization or to hold the terms of reference of the Assistant Director of Budget and Management if he:
1° is not 27 years old;
2° does not hold a degree giving access to level A jobs in state administrations;
3° does not justify a useful experience in the area of the functional content of the deputy mandate.
The incumbents of the Assistant Terms of References of the Personnel and Organization Supervisory Director and the Budget and Management Manager shall exercise their responsibilities under the authority and direction of the Administrator.
Without prejudice to the provisions of this Act, the provisions regulating the administrative and financial system of departmental personnel shall apply to the holders of the Assistant Terms of References of the Personnel and Organization Supervisory Director and Budget and Management Manager. The King determines their monetary status. Assistants must justify the knowledge of the Dutch or French language, other than that of their degree. The manager must justify a degree in another language, Dutch or French, than that of the other manager. "
Art. 54. Article 104/1, as follows, is inserted in the same laws:
“Art. 104/1. The members of the Council of State, the Auditorate, the Coordinating Bureau and the Registry who are no longer able to perform their duties because of a serious and permanent infirmity, and who have not requested their retirement, are notified by registered letter to the post, either on their own or at the request of the Auditor General, by the first president. With respect to the first president, the warning is given by the Auditor General. "
Art. 55. Article 104/2, as follows, is inserted in the same laws:
“Art. 104/2. If, in the month of the warning, the member of the Council of State, the Auditorate, the Coordination Office or the Registry did not request his retirement, the Council of State shall meet in the General Assembly in the Chamber of the Council to decide, the Auditor General or, in the case of the latter, the Deputy Auditor General heard, on the retirement of the individual.
At least 15 days before the date fixed for the General Assembly, the interested party is informed of the day and time of the session during which it will be heard, and is invited on the same occasion to provide its observations in writing.
This information and request are sent by registered letter with acknowledgement of receipt. "
Art. 56. Article 104/3, as follows, is inserted in the same laws:
"Art. 104/3. The decision is immediately notified to the interested party. If the decision did not make its observations, the decision was in force only if it was not filed opposition within five days of the notification.
The interested party may not object in the event that it was heard by the General Assembly but has not filed written submissions.
The opposition is admissible only if it is submitted by registered letter. The notice of opposition shall contain, under penalty of nullity, the opposition of the appellant.
When the opposition claimant fails a second time, a new opposition is no longer admissible. "
Art. 57. Article 104/4, as follows, is inserted in the same laws:
"Art. 104/4. The decision, either on the comments of the member concerned of the Council of State, the Auditorate, the Coordination Office or the Registry, or on its opposition, is the last resort. "
Art. 58. Article 104/5, as follows, is inserted in the same laws:
"Art. 104/5. Notifications are made by the Chief Clerk who is required to record them by a record. "
Art. 59. Article 104/6, as follows, is inserted in the same laws:
"Art. 104/6. The decision referred to in Article 104/4 shall be sent to the Minister of the Interior within fifteen days after it has passed into force of a trial. "
Art. 60. Section 105 of the Acts, as amended by the Act of 17 October 1990, is supplemented by the following paragraph:
"For the purposes of Article 8, § 1, paragraphs 2 and 4, of the General Law of July 21, 1844 on civil and ecclesiastical pensions, the designations referred to in Article 74/1 are assimilated to final appointments. "
Art. 61. Section 111 of the Acts, as amended by the Act of 24 March 1994, is supplemented by the following paragraphs:
"The holder of a term referred to in section 74/1, paragraph 2, shall not be detached. The holder of a term referred to in section 74/1, paragraph 3, may be detached for a limited period that may not exceed the one-year period.
If the administrator is a holder of office, the detachment shall be carried out, by derogation from paragraph 2, for the duration of the administrator's term.
The designation of a holder of a position with the Council of State to a term of office in the Council of Aliens Litigation, in accordance with the provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, implies, in full right, the detachment of the incumbent concerned for the duration of the term. In the event of a renewal of the mandate, the detachment shall be reappointed in full law for the duration of the renewal. By derogation from paragraph 4, first sentence, they shall be entitled to pay, including allowances and increases and salary supplements attached to the mandate exercised. "
Art. 62. In section 112, the following amendments are made:
1° in paragraph 1^er, the words "the holders of a function of the Council of State may" are replaced by the words "with the exception of the holders of a head of body referred to in Article 74/1, the holders of a function of the Council of State may";
2° the article is supplemented by the following paragraph:
"By derogation from paragraph 4, the holders of a position on the Council of State, seconded to supranational or international institutions to perform unpaid functions no longer allowing them to perform their duties on the Council of State, continue to receive the treatment attached to these functions. Article 111bis applies to them. "
Art. 63. In section 113 of the Act, amended by the Act of 6 May 1982, the following paragraph shall be inserted between paragraphs 1^er and 2:
"All office holders designated for a term with the Aliens Litigation Council in accordance with the provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens may, notwithstanding the number of places set out in section 69, be replaced. "
Art. 64. In Article 118 of the same laws, the words "of the Ministry of the Interior" are replaced by the words "of the Federal Interior Public Service".
Art. 65. In section 120 of the Acts, the following amendments are made:
1st paragraph 1^er is repealed;
2° in paragraph 2, the word "It" is replaced by the words "The General Assembly of the State Council".
Art. 66. The title VIII of the same Acts is replaced by the following title:
"ITTRE VIII. - OTHER PROVISIONS."
Art. 67. The same laws are supplemented by article 121, which reads as follows:
"Art. 121. The Council of State publishes, each judicial year, a brief overview of the application of the admissibility procedure referred to in Article 20. The King may, by a deliberate decree in the Council of Ministers, determine the form and conditions of this publication. "
Art. 68. The same laws are supplemented by Title IX, entitled as follows:
" TITEL IX. - MEASURES TO RESORBER THE JUDICIARY RETARD".
Art. 69. The same laws are supplemented by article 122, which reads as follows:
"Art. 122. § 1^er. In order to recover the delay in the administration section, the number set out in section 69, 1°, is increased from 44 to 50 and 28 to 34 respectively, to three state advisers by language role.
These incumbents are primarily responsible for contributing to the resorption of the delay in the administration section in the legal areas where the backlog is the most important and which are designated by the first president or president, if he is responsible for the administration section, after consultation with the chairs of the chambers concerned and in accordance with the plan for the resorption of the backlog referred to in paragraph 4. Without prejudice to the possible application of section 86, paragraph 2, the first president or the president, if he or she is responsible for the administration section, shall assign these incumbents of office to one or more chambers depending on the delay in these chambers.
The functions referred to in paragraph 1^er, are declared vacant after the approval by the Minister of the Interior of a "plan of resorption of backlog" established by the first president in close consultation with the president. This plan sets out in concrete terms how the incumbents of the function referred to in paragraph 1^er are put to work for the resorption of the backlog in the litigation of the State Council.
The temporary increase referred to in paragraph 1 shall be terminated by law.^er on the last day of the third full judicial year following the installation of counsel referred to in paragraph 1^er. This measure can be renewed by the King once, for a period of two judicial years, after approval of a new or adapted "resumption plan".
§ 2. The first president or president, if he is responsible for the section of administration, shall, in their annual activity report, report on the implementation of the additional number of advisors referred to in this provision and the progress made in the resorption of the backlog in the section of administration.
§ 3. The holders of the function of State Councillor, conferred by application of this article, are appointed in the office. They occupy the overnumbered function from the date referred to in § 1^erParagraph 4. They are entitled to the jobs referred to in Article 69, 1°, when they are vacant, provided they demonstrate the language knowledge required to occupy the job that has become vacant.
Depending on the needs of the service, the first president, in consultation with the president, designates the state councillors in excess for the duration that he determines in one of the two sections of the State Council. This is referred to in the activity report under section 74/6. "
Art. 70. The same laws are supplemented by an article 123, which reads as follows:
"Art. 123. § 1^er. In order to resolve the delay in the administration section, the number set out in section 69, 2°, is increased from 64 to 70, or increased by three first listeners, auditors or assistant auditors by language role.
These incumbents of duties are primarily involved in the instruction in the section of administration and are responsible for contributing to the resorption of the delay of this section in the legal areas where the backlog is the most important and which are designated by the Auditor General or the Deputy Auditor General, each with respect to his or her skills, after consultation with the first head auditors of the section concerned and in accordance with the resorption plan of paragraph 3.
The functions referred to in paragraph 1^er, are declared vacant after the approval by the Minister of the Interior of a "plan of resorption of backlog" established by the Auditor General and the Deputy Auditor General, each with respect to his or her skills. This plan sets out in concrete terms how the licensees referred to in paragraph 1^er are put to work for the resorption of the backlog in the litigation of the State Council.
The temporary increase referred to in paragraph 1 shall be terminated by law.^er on the last day of the third full judicial year following the installation of the auditory members referred to in paragraph 1^er. This measure can be used only once for a period of two judicial years and reappointed by the King after approval of a new or adapted "resorption plan".
§ 2. The Auditor General or the Assistant Auditor General, in their annual activity report, report on the implementation of the additional number of auditors on the basis of this provision and the progress made in the resorption of the backlog in the administration section.
§ 3. The holders referred to in paragraph 1^er, last paragraph, occupy the overnumbered function. Those to whom, in accordance with this article, a function of a member of the auditorate is granted are appointed in the function. They occupy the overnumbered function from the date referred to in § 1^erParagraph 4. They are entitled to the jobs referred to in Article 69, 2°, when they are vacant, provided they demonstrate the language knowledge required to occupy the job that has become vacant.
Depending on service requirements, the Auditor General or the Assistant Auditor General, each with respect to him, shall designate the Clerks appointed in over-number for the duration that he determines in one of the two sections of the Council of State. This is referred to in the activity report under section 74/6. "
Art. 71. The same laws are supplemented by article 124, which reads as follows:
"Art. 124. § 1^er. In order to recover the delay in the administration section, the number set out in section 69, 4°, is increased from 25 to 31, which is increased by three clerks by language role.
The functions referred to in paragraph 1^er, shall be declared vacant after the approval by the Minister of the Interior of a "plan of resorption of arrears" in accordance with Article 61, § 1^erParagraph 3.
The temporary increase referred to in paragraph 1 shall be terminated by law.^er the last day of the third full judicial year following the installation of the clerks referred to in the first paragraph. This measure can be renewed by the King once, for a period of two judicial years, after approval of a new or adapted "resumption plan".
§ 2. The incumbents of the Clerk's office, conferred by application of this section, shall be appointed in the position. They occupy the overnumbered function from the date referred to in § 1^erParagraph 3. They are entitled to the jobs referred to in Article 69, 4°, when they are vacant, provided they demonstrate the language knowledge required to occupy the job that has become vacant.
Depending on the needs of the service, the first president shall, in consultation with the president, appoint the clerks over the number of clerks for the duration that he determines in one of the two sections of the Council of State. This is referred to in the activity report under section 74/6. "
CHAPTER III. - Amendments to the Act of 31 March 1898 on professional unions
Art. 72. In section 6 of the Act of 31 March 1898 on professional unions, as amended by the Order of the Board of 23 August 1948, the following amendments are made:
1st paragraph 1^er and the opening sentence of paragraph 2 shall be replaced by the following provision:
"The statutes and their annexes shall be deposited with the Minister who has the middle classes in his powers, who shall communicate to the management of the Belgian Monitor, for the purposes of its publication, an act in which it is mentioned:"
2° in paragraph 4, which becomes paragraph 3, the words "interference" are replaced by the words "transmission of the act referred to in paragraph 1^er";
Paragraph 5, which becomes paragraph 4, is replaced by the following provision:
"The form and conditions of publication of the act referred to in paragraph 1^er and the deposit of the statutes shall be determined by royal decree. »;
4° in paragraph 6, which becomes paragraph 5, the words "paragraph 2 of this article" are replaced by the words "paragraph 1^er".
Art. 73. In Article 7 of the same law, the word ", endorsed" is deleted.
Art. 74. Section 8, paragraph 2, of the Act, inserted by the Order of the Board of 23 August 1948, is repealed.
Art. 75. In article 15, paragraph 4, of the same law, the words "at the office of the Council of State" are replaced by the words "with the Minister who has the Middle Class in his powers".
Art. 76. In section 16, paragraph 3 of the Act, as amended by the Order of the Board of 23 August 1948, the second sentence is deleted.
CHAPTER IV. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 77. It is inserted in the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, after section 39, an Ibis title, entitled as follows:
« Title Ibis. The Aliens Litigation Council".
Art. 78. In the title Ibis of the same law, it is inserted a chapter 1^erentitled:
“Chapter 1^er. Institution and jurisdiction of the Aliens Litigation Council".
Art. 79. Article 39/1, as follows, is inserted in the same law:
"Art. 39/1. § 1^er. It is established a Council of the Aliens Litigation, called "The Council".
The Board is an administrative court, which is the only jurisdiction to hear appeals against individual decisions taken under the laws on access to territory, residence, establishment and removal of aliens.
§ 2. The King sets the seat of the Council in the territory of the Brussels-Capital Region.
The requirements for the operation of the Council are included in the budget of the Federal Interior Public Service. "
Art. 80. Article 39/2, as follows, is inserted in the same law:
"Art. 39/2. § 1^er. The Council shall, by order, decide on appeals against the decisions of the Commissioner-General for Refugees and Stateless Persons.
The Council may:
1° confirm or reform the appealed decision of the Commissioner-General for Refugees and Stateless Persons;
2° to cancel the appealed decision of the Commissioner-General for Refugees and Stateless Persons either for the reason that the decision under attack is a result of a substantial irregularity that cannot be repaired by the Council, or because there are a lack of essential elements that imply that the Council cannot conclude with the confirmation or retraining referred to in 1° without further investigation measures.
By derogation from paragraph 2, the decision referred to in section 57/6, paragraph 1^er, 2° is subject to a remedy for cancellation referred to in § 2.
§ 2. The Council shall decide on the annulment of other remedies for violation of forms by way of order or by way of order, which shall be prescribed in penalty of nullity, excess or diversion of power. "
Art. 81. Article 39/3, as follows, is inserted in the same law:
"Art. 39/3. The Council prepares and publishes an annual activity report for the previous judicial year. This report includes an overview of pending records. "
Art. 82. In Title Ibis, of the same law, it is inserted a chapter 2 and a section Ire, titled as follows:
“Chapter 2. From the organization of the Council
Section I. The composition of the Council".
Art. 83. Article 39/4, as follows, is inserted in the same law:
"Art. 39/4. The Council is composed of thirty-two members, namely a first president, a president, four chamber chairs and twenty-six judges to the litigation of foreigners.
The Board has a Registry, which is held by a Chief Clerk, assisted by eight Clerks.
In the Council, there is a director and administrative staff. "
Art. 84. Article 39/5, as follows, is inserted in the same law:
"Art. 39/5. The mandate of corps chief and the deputy mandates form the mandates of the Foreign Litigation Council.
The holder of the term of office of first president shall serve as head of body.
The incumbents of the term of office of President, House President, Chief Clerk shall exercise the Deputy Mandate. "
Art. 85. Article 39/6, as follows, is inserted in the same law:
"Art. 39/6. § 1^er. The first president is the head of the body. It is responsible for the development of the management plan.
The first president, in close consultation with the president, distributes the tasks and activities between the president and himself according to his management plan.
The first president shall designate the persons referred to in section 39/4 and shall distribute the means available in accordance with its management plan and in close consultation with the President.
The President has a mandate. He replaces the first president when he is prevented. The Chairperson shall preside over the chamber of which he is a member and shall exercise all the powers of the holder of the terms of office of chamber chair.
In the event of a backlog in the processing of cases, the first president instructed one or more chambers to hold out of ordinary sessions, a special session within fifteen days or in the period that he determined. There is a backlog when the time limit set out in Article 39/76, § 3 and Article 39/77, § 2 is exceeded.
When the needs of the service are justified, the first president may allocate some of the cases assigned to a room, among the other chambers.
The first president and the president shall ensure the preservation of the unity of jurisprudence and take the necessary measures to that end.
§ 2. The first president determines the composition of the rooms.
The rooms are presided over by a room chair or the chair with respect to his room. In the event of absence, the Presidency shall be exercised by the member of the Council who is the oldest present according to the order of oath. The first president sits in the rooms according to the needs of the service, in which case they chair them.
§ 3. The presiding officer has a warrant. He is responsible for the organization of the room and takes his direction. It regularly reports to the first president or president, as the case may be.
The Chamber Chair ensures the preservation of the unity of case law and takes the necessary measures to that end.
When he considers that, in order to ensure the unity of jurisprudence in the Chamber, a case must be dealt with by three judges, he or she orders the reference to such a seat.
He promptly communicates to the first president and the president the cases which, in his view, must be dealt with by the General Assembly in order to ensure the unity of jurisprudence. "
Art. 86. Section 39/7, as follows, is inserted in the same Act:
"Art. 39/7. The Chief Clerk is responsible for the management of the Registry and is placed under the direction and control of the first president. The first president shall, in close consultation with the President and after the advice of the Chief Clerk and the relevant Chamber Chair, designate the members of the Registry who assist the House Chair. "
Art. 87. Article 39/8, as follows, is inserted in the same law:
"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 the powers of the Chief Clerk under section 39/7. It also ensures, with regard to these competencies, day-to-day management. Without prejudice to this competence, the first president may entrust him with the skills he has determined in administrative personnel management.
The administrator shall consult with the Chief Clerk when the competencies determined in paragraph 1^er may affect the competence of the latter.
The Administrator prepares an annual activity report in which he reports, inter alia, on the competencies identified in paragraph 2, as well as on the impact of the shift in workload on the means available to the Commission. The report also contains a presentation of all measures that may have a budgetary impact. He transmits this report to the first president and the president who can add their remarks. The first president shall forward this report to the Minister before 1^er October. "
Art. 88. In Title Ibis, Chapter 2, of the same Act, a section II is inserted, as follows:
"Section II. - The rooms.
Art. 89. Article 39/9, as follows, is inserted in the same law:
"Art. 39/9. § 1^er. The Council is composed of six chambers, one of which is chaired by the President, two are familiar with the Dutch language business, two of the French-language business and one of the bilingual affairs.
The first president can compose additional rooms if the number of cases introduced requires it.
The French-speaking rooms, composed of members justifying the knowledge of the French language, are familiar with all matters that must be dealt with in French. The Dutch-speaking rooms, composed of members justifying knowledge of the Dutch language, are aware of all the cases that must be handled in Dutch. The bilingual room, composed of members justifying the knowledge of the French and Dutch languages, is aware of the matters that section 39/15 entrusts to it in particular.
The Chamber of the President, composed of members who demonstrate that they have passed the examination of doctor, graduate or master in law in the same language as the President, either French or Dutch, is aware of the cases that must be dealt with in the language of his degree.
Each room is composed of at least three members.
After close consultation with the president, the first president designates the members who make up the bilingual chamber.
In the chamber which, on the basis of the rules of order referred to in § 2, is aware of the cases in German, sits a judge who, in accordance with Article 39/21, § 3, provides proof of sufficient knowledge of German.
§ 2. The rules of order established by the General Assembly and approved by the King, in particular, determine the competence of each chamber and the number of judges to the litigation of foreigners attached to it. It also determines the chamber that has knowledge of German-language affairs or bilingual affairs and its composition.
The regulations can be consulted at the registry and are published according to the manner determined by the King. "
Art. 90. Section 39/10, as follows, is inserted in the same law:
"Art. 39/10. The rooms sit on a single member.
However, they sit at three members:
1° in cases attributed to the bilingual chamber;
2° when the Council is called to decide on cases referred to after cassation;
3° where the presiding officer, in order to ensure the unity of case law, applies article 39/6, § 3, paragraph 3.
The presiding officer may, when the appellant so requests in a reasoned manner in his or her application or ex officio, order that the case be assigned to a three-member board when the legal difficulty, the importance of the case or special circumstances require it. "
Art. 91. In Title Ibis, Chapter 2, of the same Act, a section III is inserted, as follows:
"Section III. - The General Assembly."
Art. 92. Article 39/11, as follows, is inserted in the same law:
"Art. 39/11. The General Assembly of the Council shall consist of the members of the Council referred to in article 39/4, paragraph 1^er.
The General Assembly shall be presided over by the first president or, in the event of absence, by the President. If both of them are absent, the Presidency shall be exercised by the presiding officer with the most seniority, or, if any, by the judge of the contentious aliens present, who shall have the most seniority.
With the exception of the hearings referred to in section 39/12, the administrator attends general meetings whenever matters relating to his or her competence are on the agenda. With regard to these subjects, he has an advisory voice. "
Art. 93. Article 39/12, as follows, is inserted in the same law:
"Art. 39/12. When the first president or president, after receiving the opinion of the judge to the litigation of the aliens in charge of the hearing report, considers that, in order to guarantee the unity of the case law, a case must be dealt with by the general assembly, he or she orders the referral to that assembly.
If the president and the first president do not feel necessary to convene the general assembly, the presiding officer shall inform the chamber. If the board, after deliberation, requests the convening of the general assembly, the first president is required to follow up.
The General Assembly shall, in this case, hold a numbered hearing and at least six members, including the President.
It is composed of an equal number of members of the Council who have demonstrated by their degree that they have passed the examination of doctor, graduate or master in law on the one hand, in French, on the other, in Dutch.
In the event of a parity of voice, the voice of the President of the General Assembly is preponderant. "
Art. 94. In Title Ibis, Chapter 2, of the same Act, it is inserted a section IV and a subsection 1st, entitled as follows:
"Section IV. - Use of languages
Sub-section 1^re. - The use of languages in Council services".
Art. 95. Section 39/13, as follows, is included in the same 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 employment of languages in administrative matters that are applicable to services whose activity extends to the whole country. "
Art. 96. In Title Ibis, chapter 2, section IV, of the same Act, a sub-section 2, entitled as follows:
"Subsection 2. - The use of languages by the organs of the Council concerned by the procedure".
Art. 97. Article 39/14, as follows, is inserted in the same law:
"Art. 39/14. Unless the language of the procedure is determined in accordance with Article 51/4, appeals are dealt with in the language in which the legislation on the use of languages in administrative matters imposes employment in their domestic services to services whose activity extends to the whole country.
If this legislation does not impose the use of a specific language, the case will be dealt with in the language of the act by which it was brought before the Council. "
Art. 98. Article 39/15, as follows, is inserted in the same law:
"Art. 39/15. The bilingual chamber referred to in section 39/9, § 1^er, related cases, one of which is required to treat a language different from that required for others.
When the case is devolved to the bilingual chamber, the written acts of the Council bodies must be established in the French language and in the Dutch language. Decisions are rendered in both languages. "
Art. 99. In Title Ibis, chapter 2, section IV, of the Act, a sub-section 3 is inserted, as follows:
"Subsection 3. - The use of languages by parties who appear before the Commission".
Art. 100. Article 39/16, as follows, is inserted in the same law:
"Art. 39/16. Parties subject to the legislation on the use of languages in administrative matters shall make use in their acts and declarations of the language whose employment is imposed on them by this legislation in their domestic services. "
Art. 101. Article 39/17, as follows, is inserted in the same law:
"Art. 39/17. Any request and submissions made to the Council by a party subject to the legislation on the use of languages in administrative matters in a language other than that imposed on it by that legislation.
The invalidity is pronounced ex officio.
However, the invalidity act interrupts the limitation and procedural periods; these deadlines do not run during the proceeding. "
Art. 102. Article 39/18, as follows, is inserted in the same law:
"Art. 39/18. Parties that are not subject to the legislation on the use of languages in administrative matters may establish their actions and statements in the language of their choice.
If necessary and in particular at the request of one of the parties, a translator is required; the costs of translation are borne by the State.
Derogation from paragraph 1^er, the refugee candidate must, under penalty of inadmissibility, file the request and other procedural documents in the language determined at the time of the introduction of the asylum application in accordance with Article 51/4. "
Art. 103. In Title Ibis, of the same law, it is inserted a chapter 3 and a section Ire, entitled as follows:
“Chapter 3. - The function
Section I^re- The conditions of appointment of members of the Council and the Registry".
Art. 104. Article 39/19, as follows, is inserted in the same law:
"Art. 39/19. § 1^er. Judges to the litigation of foreigners are appointed by the King on a list of three formally motivated names, presented by the Council, after the Council has considered the admissibility of the applications and compared the respective titles and merits of the candidates.
The General Assembly of the Council may organize a selection test in accordance with the terms and conditions it determines. She decided beforehand whether a laureate reservation should be established. The validity of the recruitment reserve is two years.
The General Assembly of the Council shall hear the candidates from office or at their request. If a selection event is organized, this hearing is limited to the only winners. To this end, it may designate at least three members who will report on the hearing of these candidates.
The Commission shall communicate its submission and all applications and the appreciation of them to the Minister.
The candidate, first unanimously presented by the General Assembly of the Council, may be appointed a judge of the litigation of foreigners, unless the Minister refuses this presentation because the conditions set out in § 2 are not met.
In the event of a refusal by the Minister, the General Assembly of the Council proceeds to a new presentation.
In the absence of unanimity in a presentation, the judge of the litigation of aliens may only be appointed among the persons on the list presented.
The Minister publishes the holidays to the Belgian Monitor, on the initiative of the Council.
The publication mentions the number of vacancies, the terms of appointment, the deadline for the introduction of applications, at least one month, and the authority to which they must be addressed.
Any presentation is published to the Belgian Monitor; : the appointment can only be made fifteen days after this publication.
§ 2. No one can be appointed a judge of the litigation of aliens, if he has not completed thirty-five years, if he is Belgian, doctor, Licensee or Master of Law, and if he cannot justify a useful professional experience of a legal nature of at least five years.
§ 3. Without prejudice to the possibility of dismissal for professional incapacity referred to in article 39/29, judges to the litigation of foreigners are appointed for life.
The first president and the chair and chamber chairs shall be appointed under the conditions and in the manner determined by the law. "
Art. 105. Article 39/20, as follows, is inserted in the same law:
"Art. 39/20. The Clerks are appointed by the King on two lists of two candidates, presented respectively by the General Assembly of the Council and by the Chief Clerk.
No one can be appointed clerk if he:
1° to 25 years completed;
2° has a grade of B at least;
3° does not demonstrate a useful experience of at least five years.
By derogation from the requirement set out in paragraph 2, 3/, the Registrar who shall provide, in accordance with section 39/21, § 3, proof of sufficient knowledge of the German language, may be appointed if he:
1° demonstrated at least one year of useful experience;
2° can provide proof of sufficient knowledge of the German language. "
Art. 106. Article 39/21, as follows, is inserted in the same law:
"Art. 39/21. § 1^er. The president must justify by his degree that he has passed the examination of a doctor, graduate or master in law in the French or Dutch language, other than that of the first president.
Half of the chamber chairs and half of the judges to the litigation of foreigners must justify, by their degree, that they have passed the examination of doctor, graduate or master in French-language law: the other half of each group, in Dutch.
Half of the clerks must belong to the French linguistic role and half to the Dutch language role.
§ 2. At least three members of the Council, the Chief Clerk of the Council and at least two Clerks, must justify the knowledge of the language other than that of their degree. When knowledge of the language other than that of the degree is imposed, it must be ensured that not all of them belong to the same linguistic role.
The justification for the knowledge of this language is provided in accordance with Article 73, § 2, paragraph 4, of the laws on the Council of State, coordinated on 12 January 1973.
The members of the Council, the Registry, the administrator and the members of the administrative staff of the Council may also provide this evidence either by passing the examination referred to in Article 73, § 2, paragraph 5, of the laws on the Council of State, coordinated on 12 January 1973, or by passing a special examination. This review was before a commission chaired by a member of the Council. The King regulates the composition of this commission, the organization of the review and determines the subject matter, taking into account the specific requirements of the Council's activities. This examination is assimilated to the examination referred to in Article 73, § 2, of the Laws on the Council of State, coordinated on 12 January 1973.
§ 3. A judge of the litigation of foreigners and a member of the registry must also justify the sufficient knowledge of the German language. The evidence of the knowledge of this language is provided in accordance with the manner determined in Article 73 of the Laws on the Council of State, coordinated on 12 January 1973, or through a special examination organized in accordance with § 2, last paragraph. This examination is equivalent to the examination referred to in Article 73, § 3, of the laws on the Council of State, coordinated on 12 January 1973. "
Where no Clerk of the Council satisfies the provisions of Article 39/20, paragraph 3, this function is exercised by the Clerk of the Council of State who provides sufficient knowledge of the German language. The latter is designated by the first president of the Council of State, who communicates his decision to the first president of the Council. "
Art. 107. Article 39/22, as follows, is inserted in the same law:
"Art. 39/22. The first president took the oath prescribed by the decree of 20 July 1831 into the hands of the First President of the Council of State in person or in writing.
The other members of the Council and the Registry shall take this oath in the hands of the first President. "
Art. 108. In Title Ibis, chapter 3, of the same Act, it is inserted a section II and a subsection 1st, entitled as follows:
"Section II. - Designation and exercise of mandates
Sub-section 1^re- Mandate."
Art. 109. Article 39/23, as follows, is inserted in the same law:
"Art. 39/23. § 1^er. The first president and the president are appointed among the members of the Council appointed for at least five years as a judge of the litigation of foreigners or among the holders of office in 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, appointed for at least five years in the above-mentioned quality.
At the time of the actual vacancy of the term of office of head of body or the deputy term of president, the candidate must be at least five years less than the age limit referred to in section 39/38. This age limit does not apply in the event of a renewal of the term or the deputy term. »
§ 2. Chamber chairs are appointed from Council members appointed for at least three years as a judge of the litigation of foreigners.
At the time of the effective vacancy of the deputy term, the candidate must be at least three years less than the age limit referred to in section 39/38. This age limit does not apply in the event of a renewal of the Assistant Mandate.
§ 3. The Chief Clerk is appointed from among the Clerks of the Council appointed for at least three years as Clerks or from the Clerks of the Council of State referred to in Article 69, 4°, of the Laws on the Council of State, coordinated on 12 January 1973, appointed for at least three years in the above-mentioned quality.
At the time of the effective vacancy of the deputy term, the candidate must be at least three years less than the age limit referred to in section 39/38. This age limit does not apply in the event of a renewal of the Assistant Mandate. "
Art. 110. In Title Ibis, chapter 3, section II, of the same Act, a sub-section 2, entitled as follows:
"SubSection 2. - Mandate designation procedure."
Art. 111. Section 39/24, as follows, is inserted in the same Act:
"Art. 39/24. § 1^er. The holder of a term of office of head of body and the deputy term of president shall be appointed by the King for a term of five years that may be renewed once.
After the expiration of each ten-year period, the functions of head of body and president are declared vacant in full right. Under penalty of inadmissibility, candidates who have demonstrated, by their degree, that they have passed the examination of a doctor, a graduate or a master in law in the other language, French or Dutch, as the former head of body or the president, as the case may be. The head of the body or the siege president may assist in the declared vacant mandate of his 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 place for these terms on that day.
§ 2. The nominee for the term of office of first president encloses a management plan for the candidate. The King can fix the subject matter of this management plan.
The General Assembly of the Council shall hear the ex officio candidates.
The General Assembly of the Council shall, after considering the admissibility of the applications and having compared the respective rights and merits of the candidates, proceed to the explicit purpose of a single candidate for the vacant term. It communicates this motivated presentation and all nominations and their evaluation to the Minister.
The candidate presented by the General Assembly of the Council may be designated by the King as head of body.
The King makes a decision within two months of receiving the presentation. In the event of a refusal, the General Assembly of the Council shall, upon receipt of this decision, have a period of fifteen days to make a new presentation, in accordance with the above rules.
If the King makes a second decision of refusal within two months of receiving the new submission, it shall be made in accordance with the preceding paragraph, unless the same candidate has been submitted. In the latter case, the Commission must present another candidate or decide to resume the appointment process from the beginning.
§ 3. Between the third and the second month before the end of the term of office of head of body or the deputy term of president, the head of body or president may request the general assembly to renew the mandate. The head of body attached to this request its management plan and a report on the exercise of the previous mandate. The President's mandate holder shall attach a report on the exercise of the mandate that has elapsed.
The Commission's general meeting assesses the application for renewal and decides whether the mandate of the head of body or the deputy term of president must be renewed. The decision on non-renewal implies, in full right, the vacancy announcement of the mandate.
In the event of a non-renewal of the terms of reference of the head of the body or of the deputy term of the president, the person concerned shall, at the expiry of the term of office or the term to which he was appointed or last appointed, if any, overcrowded. When the individual was not appointed to the mandate for which he or she resumed the fiscal year, he or she is expected to have been designated for that purpose for the entire period for which the mandate had been granted.
If it is a holder of a position in the Council of State, he shall resume his office in the Council of State, regardless of the number of posts provided for in Article 69 of the coordinated laws on the Council of State. On express written request not later than two months before the expiry of the term, it may nevertheless, if any, be appointed to the Council without Article 39/19, § 1^eror application. This appointment implies the resignation of the Council of State. In this case, it retains the salary, increments, salary supplements and allowances related to the function of holder of office in the Council of State, unless it resumes a function to which a higher salary is related.
The term of office of head of body or the deputy term of president who is not renewed or who, pursuant to § 1^er, paragraph 2, is declared to be a full-fledged vacancy, however, only ceases at the time when the first president or the president resumes the term without the period of more than nine months, after notification of the non-renewal decision or the date of the vacancy announcement.
If the mandate holder has served on two occasions as head of body or as president, he or she shall be entitled in the two years following the end of the second term of office, the remuneration allocated to the head of body or the president, including the increases and benefits associated with it, unless he or she resumes a mandate to which a higher salary is linked.
§ 4. Prior to the expiry of the term, the mandate holder may make his or her terms of reference as Head of Body or Deputy Chair available by registered letter to the post or against receipt, addressed to the Minister.
However, the terms of reference of the head of the body or the deputy term of the president are not terminated until the new head of the body or president resumes the mandate without the time limit exceeding nine months from the receipt of the release.
The provisions of § 3, paragraphs 3 and 4, shall be applied to the head of body or to the president who makes his or her mandate available in advance.
The Head of Body or the President who makes his or her term available before the expiry of the term may no longer apply for a term of office of Head of Body or a term of office of President for a period of two years from the day that he or she has effectively waived his or her term of office. For the purposes of this provision, the designation of a chair for a term of office of head of body is not considered an advance provision of the deputy mandate.
§ 5. Where the term of office of head of body or the deputy term of president is to be filled before the expiry of the period set out in § 1^er, paragraph 2, only persons who meet the same language conditions as the head of body or the president, as the case may be, whose terms of office have been precipatoryly terminated, may, under penalty of inadmissibility, apply.
The term of office of the person who, pursuant to paragraph 1^er, is designated head of body or president, is by derogation from § 1^er, limited to the remaining term of office that ended before the expiry of the term.
If, at the time of the actual vacancy of the head of body, less than one year still has to be completed until the end of the period referred to in § 1^erParagraph 1^er, the chair replaces the first president in the exercise of his or her mandate for the remaining term of office.
If this is the actual vacancy of the term of office of president, it will be replaced by the room chair belonging to the same linguistic role, by order of service seniority. The replacement ends in full right when a new mandate holder is appointed.
The replacement referred to in paragraphs 3 and 4 shall be terminated in full upon designation of a new mandate holder. "
Art. 112. Article 39/25, as follows, is inserted in the same law:
"Art. 39/25. § 1^er. The incumbents of an Assistant Mandate are designated as follows:
1st Chamber Presidents shall be 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. The designations to the deputy mandates referred to in § 1^er are valid for a period of three years that may be renewed after evaluation. After nine years of office, the relevant mandate holders are designated definitively in this mandate by the appointing authority.
§ 3. In the event of a non-renewal of the Deputy Mandate, the Contracting Party shall resume the performance of the position to which it was last appointed, if any, overnumbered.
§ 4. Prior to the expiry of the terms of reference, the mandate holder may make such a request by registered letter to the position or against receipt to the Minister. However, it is only terminated upon the expiry of a period of nine months from the receipt of the provision. This period may be reduced by the King upon a reasoned request from the person concerned.
The provisions of § 3 shall apply to the mandate holder who makes his or her mandate available before the expiry of the term and who does not assume any other mandate. "
Art. 113. Article 39/26, as follows, is inserted in the same law:
“Art. 39/26. The exercise of a body chief's mandate is incompatible with the exercise of an assistant mandate. The exercise of the Deputy Chair's mandate is incompatible with the exercise of the Deputy House Chair's mandate.
If the holder of a deputy term passes, during his or her term of office, a term of office of head of body or president, his or her deputy term becomes effectively vacant on the day of the resumption of the term of office of head of body or president. "
Art. 114. In Title Ibis, chapter 3, section II, of the Act, a sub-section 3 is inserted, as follows:
"SubSection 3. - The exercise of the mandate."
Art. 115. Article 39/27, as follows, is inserted in the same law:
"Art. 39/27. § 1^er. The holder of a body chief's mandate is required to prepare an annual activity report in which the implementation of its management plan and the evaluation of its management plan are specified. - Where appropriate, this report prepared in close consultation with the President with regard to the competences of the President, contains the necessary modifications to the plan, outlines the needs and proposals to improve the functioning of the Council and to resolve the legal delay. The first president transmits this before 1^er October to the Minister of the Interior.
The King may determine the terms and conditions for the application of this provision, as well as the content of this activity report.
§ 2. The first president attached to his activity report referred to in § 1^erthe following data for the past judicial year:
1° the contentious statistics showing the number of new cases during this period and the number of cases settled by final decision in the same period. The report also mentions the workload;
2° evolution :
- pending cases and judicial backlog;
- the personnel framework and the occupation of the staff;
- logistics;
- 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^er April of the current judicial year.
The Minister determines the standardized form on which operational reports should be prepared. "
Art. 116. In Title Ibis, Chapter 3, of the same Act, it is inserted a section III and a sub-section 1st, entitled as follows:
"Section III. - Assessment of Council members
Sub-section 1^re. - General provisions."
Art. 117. Article 39/28, as follows, is inserted in the same law:
"Art. 39/28. § 1^er. With the exception of the holders of the terms of office of Head of Body or Chair, the members of the Council are subject to a descriptive, motivated and written assessment, a periodic evaluation when it comes to an appointment, or an assessment of the deputy term of House Chair and Chief Clerk.
These assessments are carried out within 30 days of the expiry of the deadlines set out in this section.
The periodic assessment does not include a final statement unless the evaluator considers that the evaluator is "insufficient". The assessment of mandate holders may result in a "good" or "insufficient" statement.
§ 2. The evaluation is carried out on the basis of personality criteria as well as on the intellectual, professional and organizational capacities, including the quality of services, without prejudice to the independence and impartiality of the Board member.
The King determines, on the motivated proposal of the first president and the president, each with respect to his or her skills, the general assembly heard, the evaluation criteria, taking into account the specificity of the functions and mandates, and determines the modalities for the application of these provisions.
Any exceedance of the period referred to in sections 39/82, § 4, paragraph 2 and 39/85, paragraph 2, shall be placed in the assessment file of the member concerned with the reference to the justification.
§ 3. The evaluation is preceded by a schedule interview between the person assessed and the assessor. One or more operating interviews may take place during the evaluation cycles.
The evaluator prepares an evaluation project, which may already include a "insufficient" final assessment proposal. This project is, prior to the evaluation interview, communicated against acknowledgement of receipt, to the evaluation. It can still be adapted according to this interview. At the end of the assessment, the evaluator prepares a preliminary assessment.
The first president shall provide a copy of the interim assessment to the interested party against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt. If the interested party does not make any written comments regarding this interim assessment within the time limit set out in paragraph 4, the interim assessment shall become final at the expiry of that period.
The applicant may, under penalty of discontinuation, within ten days of notification of the provisional assessment, make written comments, against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt, to the first president and the president, each with respect to his or her skills, which attachs the original to the assessment file and transmits a copy to the assessor. Within thirty days of receipt of the copy of these comments, the evaluator shall prepare a written and final assessment in which the evaluator responds in writing to these comments. Within ten days of the receipt of the final assessment, the head of body shall forward a copy to the person against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt.
§ 4. The interested person who has applied § 3, paragraph 4, may, under penalty of loss, within 10 days of the final assessment, appeal the final assessment to:
1° of an assessment board composed of the head of body and the president with respect to the members of the Council;
2° of an assessment board composed of the head of body, the president and other chamber chairs of the same linguistic role as the evaluated, with regard to room chairs.
The appeal is filed with the first president, by acknowledgement of receipt dated or by registered mail with acknowledgement of receipt. A timely remedy suspends the performance of the final assessment.
The assessment board referred to in paragraph 1^er hears the interested person, if the latter requested him in his appeal. It has a period of sixty days from the receipt of the appeal by the first president to make a final decision based on the evaluation.
§ 5. The evaluation files are retained by the first president. A copy of the final evaluations is maintained for at least ten years. The evaluations are confidential and can be consulted at any time by the interested parties.
During each appointment, at each proposal or renewal of terms of reference, the evaluation file for the last six years of the interested party is attached to the attention of the appointing authority.
§ 6. The King may determine the terms and conditions of application of this provision. "
Art. 118. In Title Ibis, chapter 3, section III, of the same Act, a sub-section 2, entitled as follows:
"Subsection 2. - Periodic evaluation."
Art. 119. Article 39/29, as follows, is inserted in the same law:
"Art. 39/29. § 1. The periodic evaluation takes place the first time a year after the swearing-in in the function to be assessed and then every three years.
§ 2. The evaluation is carried out by the chair of the board of which the evaluation is part.
The assessment of the board chairs appointed on a final basis in accordance with section 39/25, § 2, shall be carried out by the first president who, if he does not provide proof that he has passed the examination of a doctor, graduate or master in law in the same language as the evaluated, Dutch or French, is assisted by the president or bilingual member of the Council the oldest in grade among those who belong to the evaluated person.
§ 3. If a member of the Council has obtained, during the periodic assessment, the final mention "insufficient", it shall, from the first day of the month following the communication of the final mention, result in the loss for six months of the last three-year majoration referred to in Article 3 of the Act of 5 April 1955 on the treatment of the holders of a position on the Council of State, and of the magistrates and members of the Registry of the Council of the Aliens Litigation.
Without prejudice to paragraph 1^erthe exemptions obtained pursuant to section 39/45 shall be suspended ex officio during the period set out in paragraph 1^er. No new derogation is obtained during this period.
In the event of an "insufficient" assessment, the individual is subject to a new evaluation after one year.
§ 4. When a member of the Council obtains two successive "insufficient" assessments, at the request of the first President of the Council, the Council of State shall meet in the General Assembly in the Chamber of the Council, for, on the advice of the Auditor General or the Deputy Auditor General, to decide on dismissal for professional incapacity of the person concerned.
With respect to the application for termination for professional incapacity referred to in paragraph 1^er, the Auditor General or the Deputy Auditor General seizes the Council of State, ex officio or at the request of the first President of the Council of the Litigation of Foreigners. The action is carried out by the Auditor General or the Assistant Auditor General in accordance with Article 75, paragraph 2, of the Laws on the Council of State, coordinated on 12 January 1973. The Council takes action within six months after the seizure of the Council of State.
The King defines by order deliberately in the Council of Ministers the special rules for the expedited procedure before the Council of State concerning the action in dismissal for professional incapacity 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, with regard to this latter provision, of the obligation to justify the order.
A severance allowance is granted to the member of the Board who is terminated for professional incapacity. This allowance is twelve times the last monthly remuneration of the member of the Commission when the member has at least twenty years of service, or eight or six times the remuneration, depending on whether the member has ten years of service or less.
For the purposes of this paragraph, "remuneration" means the one established pursuant to the law of 5 April 1995 on the treatment of the holders of a position in the Council of State, the magistrates and members of the Registry and the Council of the Litigation of Foreigners.
§ 5. If it is a President of the Chamber appointed in a final manner in accordance with Article 39/25, § 2, the Council of State shall meet in the Chamber of the Council, in the General Assembly, to decide, by judgment, on the opinion of the Auditor General or the Deputy Auditor General, on the dismissal for professional incapacity of the person concerned of his or her deputy mandate.
For the action referred to in the preceding paragraph, the Auditor General or the Assistant Auditor General shall, at the request of the First President of the Aliens Litigation Council, take the matter before the Council. The action is carried out by the Auditor General or the Deputy Auditor General in accordance with Article 75, paragraph 2, of the coordinated laws on the Council of State. The Council takes action within six months after the seizure of the Council of State.
The King defines by order deliberately in the Council of Ministers the special rules for the expedited procedure before the Council of State concerning the action on termination of the deputy term for professional incapacity referred to in paragraph 1^er, 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, with respect to this latter provision, of the obligation to justify the order.
The member whose deputy term has been withdrawn has been relocated and has resumed his or her standing among the members of the Council. "
Art. 120. In Title Ibis, chapter 3, section III, of the Act, a sub-section 3 is inserted, as follows:
"Subsection 3. - Evaluation of the terms of office of chamber chair."
Art. 121. Article 39/30, as follows, is inserted in the same law:
"Art 39/30. § 1^er. The assessment of the holders of an Assistant Chamber Chair term shall take place at the end of each period for which the term was granted and no later than four months before the expiry of the period.
§ 2. The assessment of room chairs is carried out by the first president who, if he does not provide proof that he has passed the examination of a doctor, graduate or master in law in the same language as the evaluated, Dutch or French, is assisted by the president or by the bilingual member of the oldest Council in grade of those who belong to the linguistic role of the evaluated.
§ 3. If the Assistant Mandate holder obtains the "good" designation, his or her mandate is renewed. If the mention is "insufficient", the interested person shall, at the expiry of his term, resume the function for which he was last appointed. In this case, it occurs overnumbered. The first president transmits to the Federal Internal Public Service a provision whereby the extension or termination of the mandate is established.
The incumbents of a Deputy House Chair who are appointed on a final basis after nine years are subject to a periodic evaluation. "
Art. 122. In Title Ibis, Chapter 3, of the same Act, it is inserted a section IV and a subsection 1st, entitled as follows:
"Section IV. - Evaluation of Registry Members
Sub-section 1^re- The evaluation of the Chief Clerk."
Art. 123. Article 39/31, as follows, is inserted in the same law:
"Art. 39/31. § 1^er. The assessment of the deputy Clerk's terms of reference shall take place at the end of each period for which the term was granted and no later than four months before the expiry of the period.
§ 2. The assessment shall take place by the first president according to the procedure set out in article 39/29. If he does not provide proof that he has successfully completed the examination of a doctor, graduate or master in law in the same language as the evaluated, either Dutch or French, he is assisted by the president or by the bilingual member of the oldest Council in grade among those who belong to the linguistic role of the evaluated.
§ 3. The evaluation is conducted on the basis of personality criteria as well as on intellectual, professional and organizational capacities, including the quality of the services provided.
The King shall, on the proposal of the first president and the president, establish the criteria for the assessment and the terms and conditions for the application of that provision.
§ 4. If the Assistant Mandate holder obtains the "good" designation, his or her mandate is renewed. In the event that this mention is "insufficient", the person concerned shall, at the expiry of his term, resume the function for which he was last appointed. In this case, it occurs overnumbered. The first president shall transmit to the Federal Interior Public Service a provision that sets out the extension or termination of the mandate.
§ 5. The holder of an Assistant Registrar-in-Chief who is appointed on a final basis after nine years is subject to the periodic assessment referred to in section 39/29, including the measures provided for in §§ 3 and 5 in the event of a first or second mention "insufficient". "
Art. 124. In Title Ibis, chapter 3, section IV, of the same Act, it is inserted, under a sub-section 2 "The evaluation of clerks", an article 39/32, which reads as follows:
Sub-section 2. - Clerk evaluation
"Art. 39/32. § 1^er. Every two years, an evaluation bulletin of all Clerks is prepared.
In the evaluation bulletin, the Chief Clerk and the House Chair jointly express their views on the value and behaviour of the Clerk, including the quality of the benefits, using descriptive formulas, in accordance with the indications mentioned.
With the exception of the Chief Clerk, the evaluators must justify by their degree that they have passed the examination of a doctor, a Licensee or a Master of Law in the same language, French or Dutch, as the evaluated.
The periodic assessment does not include a final statement unless the evaluators consider that the evaluated merits an "insufficient" indication.
The King shall determine the terms and conditions for the application of these provisions.
§ 2. The evaluation bulletin is prepared for the first time between the ninth and twelfth months of effective service.
The evaluation covers the period since the last evaluation bulletin.
The Clerk may request a new evaluation, not earlier than one year after the previous evaluation was prepared.
§ 3. If a Clerk obtained, during a periodic assessment, the final and final assessment "insufficient", the latter, beginning on the first day of the month following the notification of the final assessment, results in the loss for six months of the last three-year increase referred to in Article 3 of the Act of 5 April 1955 relating to the treatment of the holders of a position in the Council of State and the magistrates and members of the Registry and the Council of the Aliens Litigation of the Aliens Litigation.
Without prejudice to paragraph 1^er, the exemptions obtained shall be suspended ex officio for the period specified in paragraph 1^er pursuant to section 39/45 No new exemptions are obtained during this period.
In the event of an "insufficient" assessment, the individual is subject to a new evaluation after one year.
§ 4. After two successive "insufficient" assessments, the head of body makes a proposal for termination to the authority vested with the appointing authority.
The member of the Registry concerned may lodge an appeal against this proposal in accordance with section 39/33. This appeal is suspensive.
The dismissal for professional incapacity is pronounced by the authority that is vested in the power of appointment.
A severance allowance is granted to a member of the Licensed Registry for professional incapacity. This allowance is twelve times the last monthly remuneration of the Registry member when he or she has at least twenty years of service, or eight or six times that remuneration, depending on whether the member has ten years of service or less.
For the purposes of this paragraph, "remuneration" means that established under the Act of 5 April 1955 on the treatment of the holders of a position in the Council of State, the magistrates and the members of the Registry of the Council of the Litigation of Aliens. "
Art. 125. Article 39/33, as follows, is inserted in the same law:
"Art. 39/33. § 1^er. The evaluation referred to in this section is preceded by a schedule interview between the evaluation and its reviewers. One or more operating interviews may take place during the evaluation cycles.
Evaluators jointly draft an evaluation project that may already include a "insufficient" final assessment proposal. This project is communicated to the evaluated prior to the evaluation interview, against acknowledgement of receipt dated. It can be adapted depending on the maintenance. After this interview, the evaluators jointly draft a provisional assessment.
The first president shall provide a copy of the preliminary assessment to the person concerned by a receipt letter or a registered letter to the position with acknowledgement of receipt. If the interested party does not make written comments on the provisional assessment, within the time limit set out in paragraph 4, it becomes final after the expiry of that period.
In a 10-day period from the date of notification of the provisional assessment, the interested party may, within 10 days of the notification of the preliminary assessment, make written remarks, against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt, to the first president or to the chair, as the case may be, which attaches the original to the assessment file and transmits a copy to the reviewers. These reviewers jointly prepare, within thirty days of receiving these remarks, a final written assessment in which they respond in writing to the comments. Within ten days of receipt of the final assessment, the first president shall forward a copy to the interested party, against acknowledgement of receipt dated or by registered mail with acknowledgement of receipt.
§ 2. The interested person who applied § 1^er, paragraph 4, may appeal against the final decision within ten days of notification of the final assessment to:
1° of an assessment board composed of the head of the body, the president and all chamber chairs with respect to the chief clerk;
2° of an assessment board composed of the head of body and the president, with respect to the clerks.
The appeal shall be filed with the first president against receipt of receipt dated or by registered letter to the post with acknowledgement of receipt. An appeal filed within the time limits suspends the performance of the final assessment.
The assessment board referred to in paragraph 1^er means the interested person, if he has made the application in his appeal. It has a period of sixty days from the receipt of the appeal by the first president to make a final decision based on the evaluation.
§ 3. The evaluation files are retained by the first president in respect of the Chief Clerk and the Chief Clerk in respect of the Clerks. The evaluations are confidential and can be consulted at any time by the interested parties. They are kept for at least ten years.
During each appointment, at each proposal or renewal of terms of reference, the evaluation file for the last six years of the interested party is attached to the attention of the appointing authority.
§ 4. The King may set more precise procedural rules for the application of this provision. "
Art. 126. In Title Ibis, chapter 3, of the same law, a section V is inserted, as follows:
"Section V. - Exercise of function".
Art. 127. Article 39/34, as follows, is inserted in the same law:
"Art. 39/34. The King determines, after a reasoned opinion from the first president, how the office holder's workload is recorded, and how the recorded data is evaluated. "
Art. 128. Article 39/35, as follows, is inserted in the same law:
"Art. 39/35. If the absence of a member of the Board or the Registry is due to the disease, the regularity of the absence may be subordinated by the first President or the President, or the Chief Clerk to a review by the Administrative Health Service that is part of the Medical Expert Administration in accordance with the terms and conditions set out in the Administrative Regulations of that Service. "
Art. 129. Article 39/36, as follows, is inserted in the same law:
"Art. 39/36. The King prescribes the costume worn at the hearings and in the official ceremonies by Council and Registry members.
The King rules precedence and honors. "
Art. 130. In Title Ibis, Chapter 3, of the same Act, a section VI is inserted, entitled as follows:
"Section VI. - Treatment, retirement and pension."
Art. 131. Article 39/37, as follows, is inserted in the same law:
"Art. 39/37. A law sets out salaries, increases and allowances for members of the Council and the Registry. "
Art. 132. Section 39/38, as follows, is inserted in the same law:
"Art. 39/38. § 1. Members of the Council are retired if, due to a serious and permanent infirmity, they are no longer able to perform their duties properly, or have reached the age of sixty-seven years.
Sections 391, 392, 393, 395, 396 and 397 of the Judicial Code apply to members of the Council.
§ 2. Registry members are retired when a severe and permanent infirmity no longer allows them to perform their duties properly or when they have reached the age of 65. The General Civil Pension Act applies to them.
Clerks who, at the age of sixty-five, do not meet the legal conditions of service to obtain a pension, are placed in the position of availability according to the same regime as that provided for State officials. Those who do not have five years of service are kept in operation until they have reached the minimum service age legally required.
§ 3. Clerks may, on the Commission's proposal, be exceptionally active beyond the limits set out in § 2, in the event that the Council has a particular interest in retaining their assistance, whereas they should be replaced if they were retired.
The King decides on the continued activity of the Clerks on the advice of the Ministers gathered in Council.
Maintainment is only effective for one year; it can be renewed.
§ 4. For the application of alinates 2 and 4 of Article 8, § 1^er, from the general law of July 21, 1844 on civil and ecclesiastical pensions, the designations referred to in section 39/23 are equivalent to final appointments. "
Art. 133. Article 39/39, as follows, is inserted in the same law:
"Art. 39/39. Members of the Council and the Registry who, with severe and permanent infirmity, are no longer able to properly perform their duties and who have not requested their retirement, are notified by registered letter to the position at the request of the first President. If this is the first president, the warning is given by the president, or the other. "
Art. 134. Article 39/40, as follows, is inserted in the same law:
"Art. 39/40. If, in the month of the warning, the member of the Board or the Registry has not requested his or her retirement, the Board shall meet in the board's general meeting to determine the retirement of the interested party.
At least 15 days before the date fixed for the General Assembly of the Council, the interested party is informed of the day and time of the session at which it will be heard and at the same time invited to submit its observations in writing.
This information and request are sent by registered letter with acknowledgement of receipt. "
Art. 135. Article 39/41, as follows, is inserted in the same law:
"Art. 39/41. The decision is immediately notified to the interested party. If the decision has not provided written comments, the decision will only be in force if it has not been filed with opposition within five days of the notification.
The interested party may not object when it was heard by the General Assembly of the Council but did not provide written comments.
The opposition is admissible only 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 opposition applicant fails a second time, a new opposition is no longer admissible. "
Art. 136. Article 39/42, as follows, is inserted in the same law:
"Art. 39/42. The decision rendered either on the comments of the member concerned of the Council or the Registry, or on his opposition, is final. "
Art. 137. Article 39/43, as follows, is inserted in the same law:
"Art. 39/43. Notifications are made by the Chief Clerk of the Council, who is required to note them by a record. "
Art. 138. Article 39/44, as follows, is inserted in the same law:
"Art. 39/44. The decision referred to in section 39/42, when it is forcibly passed, is sent within fifteen days to the Minister. » .
Art. 139. In Title Ibis, Chapter 3, of the same Act, a section VII is inserted, as follows:
"Section VII. - Incompatibility and discipline."
Art. 140. Article 39/45, as follows, is inserted in the same law:
"Art. 39/45. The functions of a member of the Council and of the Registry are incompatible with judicial functions, with the exercise of a public mandate conferred by election, with any paid civil or administrative office or office, with the charges of notary and judicial officer, with the profession of a lawyer, with the military state and the ecclesiastical state.
It may be derogated from paragraph 1^er :
1° when it comes to the exercise of the functions of professor, lecturer, lecturer or assistant in higher education institutions, provided that these functions do not last for more than five hours a week or more than two half days a week;
2° when it comes to the exercise of functions as a member of an examination board;
3° in respect of participation in a commission, council or advisory committee, provided that the number of paid expenses or duties is limited to two and that the total of their remuneration is not greater than the tenth of the annual gross salary of the principal function in the Council.
These exemptions are granted by the King or by the Minister, as provided for in 1/ or 2/ and 3/. They are granted on the advice of the first president. "
Art. 141. Article 39/46, as follows, is inserted in the same law:
"Art. 39/46. Members of the Board and Registry may not be required for any other public service, except as provided by law. "
Art. 142. Article 39/47, as follows, is inserted in the same law:
"Art. 39/47. They cannot:
1st assume the defence of the persons concerned, neither verbally nor in writing, nor give them consultations;
2° make paid arbitration;
3° either personally or by interposed person, do not exercise any kind of trade, be a business agent, participate in the management, administration or supervision of commercial companies or industrial or commercial establishments.
Derogation from paragraph 1^er, 3/, the King may, in special cases, authorize participation in the supervision of companies or industrial establishments. "
Art. 143. Article 39/48, as follows, is inserted in the same law:
"Art. 39/48. Section 458 of the Criminal Code is applicable to members of the Council and the Registry with respect to information they are aware of in the exercise of their functions. "
Art. 144. Article 39/49, as follows, is inserted in the same law:
"Art. 39/49. Members of the Council or the Registry may, with their consent and on the advice of the first President, be temporarily instructed by the King to carry out missions or perform functions with national institutions. In the event that the duties assigned to them no longer allow them to perform their duties on the Council, they are subject to a detachment measure.
The duration of the detachment cannot exceed one year. Extensions may, however, be granted to the conditions set out in paragraph 1^er, for periods of up to one year, without the total duration of the detachment may exceed six years.
If, on the expiry of the detachment, the person concerned has not resumed his or her duties on the Council, he or she is deemed to be resigned.
Detached holders retain their place on the rank list. The time they spend in the detachment position is considered an effective service period. They continue to receive the treatment attached to their duties in the Council. No supplementary remuneration may be granted to them, nor any compensation other than those that cover actual expenses inherent in the missions or functions entrusted to them and those fixed by the King in each particular case.
The holder of a body chief or an assistant president's term may not be detached. The holder of a Deputy House Chair or Chief Clerk may be seconded for a limited period of time, which may not exceed one year.
If the administrator is a member of the Board or the Registry, the detachment shall be carried out, by derogation from paragraph 2, for the duration of the administrator's mandate.
No more than four members of the Board or the Registry may be detached. No more than three of the detached members may belong to the same linguistic role. "
Art. 145. Section 39/50, as follows, is inserted in the same law:
"Art. 39/50. With the exception of the holder of a head of body, the members of the Council or the Registry may be authorized by the King, with the advice of the first president, to perform missions or to perform functions with supranational, international or foreign institutions.
In the event that the duties assigned to them no longer allow them to perform their duties on the Council, they are placed outside the framework.
The total duration of the off-frame may not exceed the periods of effective performance of duties on the Commission.
Those who are out of the framework cease to receive the treatment attached to their duties in the Council and to participate in the advancement. They retain the right to reinstate their functions prior to the Council, notwithstanding the number of seats set out in section 39/4.
If, at the expiry of the term of the off-frame, the interested parties have not reinstated their duties to the Commission, they are deemed to be resigned.
The persons referred to in paragraph 2 shall be allowed from the time of their assignment in calculating their pension, provided that they have not already been taken into consideration in this calculation. The pension thus calculated is reduced by the net amount of the pension granted to the person concerned, from the head of the mission assigned to him by the foreign government, the foreign administration or the supranational or international body to which he has performed it. This reduction applies only to a pension increase resulting from the Treasury's support for the duration of this mission. "
Art. 146. Article 39/51, as follows, is inserted in the same law:
"Art. 39/51. Members of the Council or the Registry who are detached or placed off-frame may be replaced notwithstanding the number of places set out in section 39/4, at most at the rate of two members of the Council and one member of the Registry.
For the purposes of section 39/4, appointments made for replacements are considered to be new appointments.
The incumbents of the functions conferred to provide replacements are permanently appointed. They are entitled to the places provided for in section 39/4, as the holidays begin, as long as they justify the language knowledge required for the place that has become vacant. "
Art. 147. Article 39/52, as follows, is inserted in the same law:
"Art. 39/52. Parents and allies, up to the level of uncle and nephew included, cannot be members of the Council simultaneously without a dispensation from the King; they cannot sit simultaneously, except at the general assemblies. "
Art. 148. Article 39/53, as follows, is inserted in the same law:
"Art. 39/53. Any member of the Council who has failed in the dignity of his or her functions or in the duties of his or her state may, as the case may be, be declared deprived or suspended of his or her duties by a decision rendered by the Council of State in the General Assembly on the advice of the Auditor General or the Deputy Auditor General as the case may be.
The members of the Registry may be suspended and revoked on the same grounds by the King, the Council heard. "
Art. 149. In Title Ibis, of the same law, a chapter 4, entitled as follows:
“Chapter 4. The administrator and administrative staff. »
Art. 150. Section 39/54, as follows, is inserted in the same law:
"Art. 39/54. The Minister shall make available to the Council the personnel and facilities necessary to carry out his mission.
The permanent and temporary composition of the Council staff incorporated in the central administration of the Federal Internal Public Service is fixed by the King by order deliberately in the Council of Ministers. "
Art. 151. Article 39/55, as follows, is inserted in the same law:
Art. 39/55. The King shall appoint, by order deliberately in the Council of Ministers and after the advice of the General Assembly of the Council, a director for a period of five years renewable:
No one can be appointed administrator if he:
1° has not completed 30 years;
2° does not hold a degree giving access to level A jobs in state administrations or exercising such a job;
3° does not justify an experience of at least 3 years in the field of the function to be conferred.
Without prejudice to the provisions of this Act, the provisions regulating the administrative and monetary regime of departmental personnel shall apply to the administrator. The King sets the baremic scale of level staff To federal public services that are assigned to the administrator, without the administrator being able to be higher than that assigned to the administrator of the State Council. The administrator must justify the knowledge of the other language, French or Dutch, that of his degree. "
Art. 152. In Title Ibis, of the same law, it is inserted a chapter 5 and a section Ire, titled as follows:
“Chapter 5. - The procedure
Section I^re. - Common provisions. »
Art. 153. Article 39/56, as follows, is inserted in the same law:
"Art.39/56. The appeals referred to in section 39/2 may be brought before the Council by the foreigner justifying injury or interest.
The Minister or his or her delegate may appeal against a decision of the Commissioner-General for Refugees and Stateless Persons, if he or she considers it to be contrary to the law or to the royal decrees related to it.
The parties may be represented or assisted by lawyers in the table of the Order of Lawyers or on the list of interns as well as, according to the provisions of the Judicial Code, by nationals of a Member State of the European Union who are entitled to practise the profession of a lawyer.
Without prejudice to this possibility, when an appeal is brought against a decision of the Commissioner-General for Refugees and Stateless Persons, this party is represented by the Commissioner-General for Refugees and Stateless Persons, by one of the Deputy or by a delegate designated by the Commissioner-General for that purpose. "
Art. 154. Article 39/57, as follows, is inserted in the same law:
"Art. 39/57. The appeal against a decision referred to in Article 39/2, § 1^erParagraph 1^er, with the exception of the decisions referred to in paragraph 3 of the same paragraph, must be filed by request within fifteen days of notification of the decision against which it is directed.
The appeal for cancellation referred to in article 39/2, §§ 1^er, paragraph 3, and 2, shall be brought by an application within 30 days after notification of the decision against which it is directed. "
Art. 155. An article 39/58, as follows, is inserted in the same law:
"Art.39/58. Any person who, including the intervening party, lodges an appeal or an application referred to in this chapter shall elect a domicile in Belgium.
The election of domicile which is made in the first act of the procedure is valid for subsequent acts, unless the clerk is notified of a specific amendment by registered letter.
Without prejudice to the possibility of a specific amendment, in the manner provided for in paragraph 2, in the course of the proceedings, the election of domicile made in the act containing the appeal for cancellation and the application for suspension, is valid both for the suspension procedure and for the cancellation procedure.
Any meaning is validly made by the clerk at the chosen home. "
Art. 156. Article 39/59, as follows, is inserted in the same law:
"Art.39/59. § 1^er. When the respondent does not transmit the administrative file within the time limit, the facts invoked by the requesting party are deemed to be proven.
This presumption does not apply in case of intervention on the basis of Article 39/72, § 2.
The note submitted by the respondent party shall be deviated from the proceedings when it is not filed within the time limit set out in section 39/72.
§ 2. All parties appear or are represented at the hearing.
When the requesting party does not appear, or is not represented, the request is rejected. Other parties that do not appear or are represented are expected to acquire the application or appeal. Any meaning of a hearing fixing order refers to this paragraph. "
Art. 157. An article 39/60, as follows, is inserted in the same law:
"Art.39/60. The procedure is written.
The parties and their counsel may express their remarks orally at the hearing. It may not be invoked other means than those contained in the request or note. "
Art. 158. Section 39/61, as follows, is inserted in the same law:
"Art. 39/61. The parties and their lawyers may consult the file at the registry during the time limit set out in the hearing fixing order. » .
Art. 159. Article 39/62, as follows, is inserted in the same law:
"Art. 39/62. The Commission corresponds directly with the parties.
It is empowered to be provided by these parties with all documents and information relating to the cases on which it is to be decided. » .
Art. 160. Article 39/63, as follows, is inserted in the same law:
"Art.39/63. When the Council appeals to the assistance of an interpreter, the interpreter takes an oath in the following words: "I swear to faithfully translate the speeches to be transmitted between those who speak different languages". "
Art. 161. Article 39/64, as follows, is inserted in the same law:
"Art. 39/64. Commission hearings are public.
When they are held under Article 39/77, § 1^erParagraph 1^er at the place where the foreigner is located or at the place where it is made available to the Government, the advertisement is guaranteed within the limits allowed by the disposition of the premises.
The Speaker of Chamber or the Judge of the Aliens Litigation may order on his or her own motion or at the request of one of the parties that the hearing be held in private.
It may also order the closed hearing when the administrative record contains documents that it has recognized, on its own or at the request of the parties, the confidential nature. "
Art. 162. Article 39/65, as follows, is inserted in the same law:
"Art. 39/65. The decisions of the Council are motivated. They are signed by the President and a member of the Registry.
The interlocutory or final decision shall be brought to the attention of the parties in accordance with the procedure established by a royal decree deliberated in the Council of Ministers. This Royal Decree may also determine the cases in which a notification of the device and purpose of the decision to the administrative authorities at the cause is sufficient, as well as the form and conditions under which such limited notification may take place and the manner in which such decisions are accessible to that party in full version.
The Council ' s decisions are accessible to the public in the cases, in the form and under the conditions established by a royal decree deliberated in the Council of Ministers.
The Council shall publish it in the cases, form and conditions established by a royal decree deliberated in the Council of Ministers. "
Art. 163. Article 39/66, as follows, is inserted in the same law:
"Art. 39/66. Article 258 of the Criminal Code relating to the denial of justice is applicable to members of the Council.
The principles governing the recusal of judges and judicial advisers are applicable to members of the Council. "
Art. 164. Article 39/67, as follows, is inserted in the same law:
"Art.39/67. The Commission's decisions are not subject to opposition, third-party opposition or revision. They are only liable for the appeal in cassation provided for in Article 14, § 2, coordinated laws on the Council of State. "
Art. 165. Article 39/68, as follows, is inserted in the same law:
"Art. 39/68. The procedure before the Aliens Litigation Council is set by a royal decree deliberated in the Council of Ministers.
This Royal Decree determines, inter alia, the limitation periods, which cannot be less than the time limits set out in this Act; the amount of costs and expenses and the terms and conditions for payment; the granting of the benefit of the pro deo to the insolvent persons. It may set specific procedural rules for the examination of non-objective motions, as well as for the examination of applications that require only brief discussion. "
Art. 166. In Title Ibis, Chapter 5, of the same Law, it is inserted a section II and a sub-section 1^reentitled:
"Section II. - Specific provisions applicable to full jurisdiction appeals against decisions of the Commissioner-General for Refugees and Stateless Persons
Sub-section 1^re. - General provisions applicable to ordinary procedure and expedited procedure. »
Art. 167. Article 39/69, as follows, is inserted in the same law:
"Art. 39/69. § 1^er. The request is signed by the party or by a lawyer who meets the conditions set out in section 39/56.
The request shall contain, under penalty of nullity:
1° the name, nationality, domicile of the requesting party and the reference of its file to the opposing party indicated on the contested decision;
2° the election of domicile in Belgium;
3° the indication of the decision against which the appeal is brought;
4° the statement of the facts and means invoked in support of the appeal and, where new elements, within the meaning of Article 39/76, § 1^er, paragraph 4 is invoked, according to which there is, with regard to it, serious indications of a grounded fear of persecution within the meaning of the International Convention on the Status of Refugees, signed in Geneva on 28 July 1951, or a real risk of serious breach as referred to in article 48/4, the reasons why these elements could not be communicated in a timely manner to the Commissioner General for Refugees and Stateless Persons;
5° the language determined for hearing under section 39/60;
6° be introduced in the Dutch or French language, according to the language of the procedure determined under Article 51/4;
7° to be signed by the applicant or his lawyer.
Not in the role:
1 the appeals not accompanied by a copy of the act under attack or the document which brought it to the attention of the requesting party;
2° appeals not accompanied by six copies of them;
3° appeals for which the duty of duty imposed is not paid.
§ 2. In cases where the applicant is made available to the Government or is located in a specified place referred to in section 74/8, the request may also be filed by the applicant's local handover to the Director of the Correctional Institution or to the Director of the specified place in which the applicant is located, or to one of their delegates, who mentions on the request the date on which the request was filed, issue an acknowledgement of receipt to the applicant or his counsel immediately.
§ 3. Upon receipt of appeals to the role, the Chief Clerk or the Clerk designated by the Clerk shall immediately bring them to the attention of the Minister or his delegate, in accordance with the terms determined by the King, by order deliberately in Council of Ministers, except where the appeal has been submitted to the Minister's delegate pursuant to § 2. "
Art. 168. Article 39/70, as follows, is inserted in the same law:
"Art. 39/70. Except as agreed by the person concerned, no measures of removal from the territory or of return may be enforced in a forced manner with respect to the alien during the time limit set for the introduction of the appeal and during the examination of the appeal. "
Art. 169. In Title Ibis, chapter 5, section II, of the same Act, a sub-section 2, entitled as follows:
"Subsection 2. Regular procedure. »
Art. 170. Article 39/71, as follows, is inserted in the same law:
"The Clerk shall forthwith transmit a copy of the appeal to the respondent party and, in the case of an appeal filed by the Minister abroad that has an interest in the judgment of the case and to the Commissioner General for Refugees and Stateless Persons. The King determines, by deliberate decree in the Council of Ministers, the mode of service. "
Art. 171. Article 39/72, as follows, is inserted in the same law:
"Art. 39/72. § 1^er. The respondent shall forward to the Registrar, within eight days of the notice of appeal, the administrative record to which it may attach an observation note.
When the alien invokes new elements in his or her application, the time limit set out in paragraph 1^er is worn to fifteen days.
§ 2. The foreigner to whom a Minister's appeal is served against a decision of the Commissioner-General for Refugees and Stateless Persons may apply for intervention within fifteen days of this service. In the absence of meaning, the board seized the case may admit a subsequent intervention.
Where a fee is to be paid for the intervention application, it is only considered when the fee is paid. "
Art. 172. Article 39/73, as follows, is inserted in the same law:
"Art. 39/73. § 1^er. Upon receipt of the request, the presiding judge or designated judge shall consider, as a matter of priority, remedies that are manifestly inadmissible, which are disbanded or which must be removed from the role.
The Chamber Chair or the Designated Judge summons the requesting, respondent and, where appropriate, the foreigner who has an interest in the judgment of the case in the case of an appeal filed by the Minister or his delegate, in order to appear before him as soon as possible. Reference is made to this provision in the order and the reason is briefly described therein.
The request for intervention by the foreigner who is in interest may be filed at the hearing.
§ 2. At the hearing, the presiding judge or the judge shall set out in his summary report, the reason for which the discontinuation of proceedings may be pronounced, for which the Commission is manifestly incompetent or for which the appeal is irrelevant or manifestly inadmissible.
After hearing the parties' reply, limited to the reasons given in § 1^er, paragraph 2, the presiding officer or the judge shall make a decision without delay. If it does not conclude the withdrawal or rejection of the appeal on the ground referred to in paragraph 2, the proceedings shall continue in accordance with the following articles. "
Art. 173. Article 39/74, as follows, is inserted in the same law:
"Art. 39/74. When not pursuant to section 39/73, the presiding officer or the judge designated by the board shall, by order, determine the day and time of the hearing to which the appeal shall be examined. "
Art. 174. Article 39/75, as follows, is inserted in the same law:
"Art. 39/75. The Chief Clerk or the Clerk whom he has designated shall promptly notify the order setting the day of the hearing to the parties to the proceeding.
The parties are notified at least eight days in advance of the date of the hearing.
The documents of the procedure not yet communicated to the parties are attached to the summons. Where applicable, it is mentioned in the notification if the administrative record has been introduced. "
Art. 175. Article 39/76, as follows, is inserted in the same law:
"Art. 39/76. § 1^er. The presiding judge or the judge of the litigation of designated aliens examines whether he can confirm or reform the decision under appeal.
The presiding judge or judge of the litigation of the designated aliens shall examine only the new elements when satisfied with the two conditions:
1° these new elements are reproduced in the original request or, in the case of an application for intervention, pursuant to Article 39/72, § 1^erin the last request;
2° the appellant or the intervening party in the case provided for in section 39/72, § 2 must demonstrate that he was unable to invoke these elements in an earlier phase of the administrative procedure.
By derogation from paragraph 2 and, where appropriate, section 39/60, paragraph 2, the Commission may, for the purpose of good administration of justice, decide to take into account any new elements that are brought to its knowledge by the parties, including their statements at the hearing, on the cumulative conditions that:
1° these elements find a basis in the procedural file;
2° that they are likely to demonstrate in a certain way the meritorious or unfounded nature of the appeal;
3° the party explains in a plausible way the fact that they have not communicated these new elements in an earlier phase of the procedure.
New elements within the meaning of this provision are those relating to facts or situations that occurred after the last phase of the administrative procedure during which they could have been provided, as well as any new elements and/or evidence or evidence supporting the facts or reasons invoked during the administrative process.
The Commissioner-General for Refugees and Stateless Persons may examine on his or her own initiative or at the request of one of the parties, the new elements brought under paragraph 3 and prepare a written report on this subject within the time limit granted by the presiding officer or the judge of the aliens' litigation, unless the latter considers that it has sufficient information to rule.
A written report not filed within the time limit is excluded from the proceedings. The requesting party must file a reply note with respect to the written report within the time limit set by the judge, subject to the exclusion of the debates of the new elements it has invoked.
§ 2. If the presiding judge or judge of the litigation of the seized aliens cannot examine the matter on the merits for the reason provided for in article 39/2, § 1^er, paragraph 2, 2°, it motivates it in its decision and cancels the decision under attack. In this case, the Chief Clerk or the Clerk designated by him immediately refers the matter to the Commissioner-General for Refugees and Stateless Persons.
§ 3. The presiding judge or judge of the litigation of the aliens seized shall make a decision within three months of receiving the appeal.
If this is an appeal in respect of a case that the Commissioner-General for Refugees and Stateless Persons has considered in priority in accordance with Article 52, § 5, 52/2, § 1^er or § 2, 3° 4° or 5°, this remedy is also considered as a priority by the Council. The time limit set out in paragraph 1^er is reduced to two months. "
Art. 176. In Title Ibis, chapter 5, section II, of the Act, a sub-section 3 is inserted, as follows:
"Subsection 3. - The accelerated procedure »
Art. 177. Article 39/77, as follows, is inserted in the same law:
"Art. 39/77. § 1^er. When the appeal is brought by a foreigner who is in a specified place referred to in section 74/8 or is made available to the Government, the Chief Clerk or the Clerk appointed by the Clerk shall send copies of the appeal, immediately and at the latest in the working day, i.e., on a Saturday, Sunday, or on a public holiday, following the receipt of the appeal that may be included in the role, the Commissioner General for Refugees and Stateless. He asks him to file the file with the registry, within the time limit that he fixes and cannot exceed three working days, from the service.
When the administrative record is filed or the administrative record is not filed within the specified time limit, the board chair or the judge of the aliens whom he has appointed shall immediately fix the case and summon the parties to appear before him within five working days of the date of receipt of the fixing.
The President of the Chamber or the judge designated by the President may summon, by order, the parties to the specified place referred to in section 74/8 where the alien is located or at the place where he or she is made available to the Government, at the day and time that he or she fixes, even on Sunday or on a holiday.
The summons sets out the day on which the administrative file can be consulted in the registry by the parties and their lawyer.
If the respondent has not forwarded the administrative file in time prior to the hearing, it shall be submitted to the chair, who shall take the necessary steps to allow the other parties to the proceeding to consult it.
§ 2. The presiding judge or judge of the disputed aliens appointed shall pronounce in accordance with Article 39/76, §§ 1^er and 2.
The presiding judge or judge of the litigation of the aliens seized shall take a decision within five working days after the closure of the proceedings. It may order the immediate execution of the decision.
§ 3. In the case of a foreigner who is placed, during the course of the proceedings, in a specified place referred to in section 74/8 or who is made available to the Government, the appeal during the proceedings shall be considered in full law following the expedited procedure. Unless the appeal is already established, the procedure shall be carried out in this case in accordance with this article, irrespective of its condition, provided that the time limit set out in § 1^erParagraph 5 is at least three working days.
§ 4. The decision assimilated in full right, in accordance with Article 74/5, § 6, is dealt with in accordance with the accelerated procedure referred to in this subsection. "
Art. 178. In Title Ibis, Chapter 5, of the same Act, it is inserted a section III and a subsection 1st, entitled as follows:
"Section III. - Revocation of cancellation
Sub-section 1^re. - General provisions. »
Art. 179. Section 39/78, as follows, is inserted in the same Act:
"Art. 39/78. The appeal shall be filed in accordance with the terms set out in Article 39/69, provided that the provisions provided for in Article 39/69, § 1^er, paragraph 2, 4°, with respect to the invocation of new elements, and 6°, are not applicable.
Without prejudice to Article 39/69, § 1^er, paragraph 3, are not included in the role of applications for which the required fee has not been paid. "
Art. 180. Article 39/79, as follows, is inserted in the same law:
"Art. 39/79. Except as agreed by the person concerned, no measures of removal from the territory may be enforced in a forced manner in respect of the alien during the time limit set for the introduction of the appeal against the decisions referred to in paragraph 2 or during the examination of the alien, and such measures may not be taken in respect of the alien because of the facts that gave rise to the decision under appeal.
Decisions referred to in paragraph 1^er are:
1° the decision refusing permission to stay for foreigners referred to in Article 10bis, provided that the foreigner is still resident in the Kingdom, does not extend his stay beyond the limited duration of his residence permit or is not subject to an order to leave the territory;
2° the decision refusing to recognize the right of residence or ending it, taken under Article 11, §§ 1^er and 2;
3° the order to leave the territory granted to the family members referred to in Article 10bis, § 2, on the basis of Article 13, § 4, paragraph 1^eror members of the family referred to in Article 10bis, § 1^er, for the same reasons, as long as the foreigner is still resident in the Kingdom, does not extend his stay beyond the limited period of his residence permit or is not subject to an order to leave the territory;
4° the reference, except where the alien has already been notified by the Aliens Advisory Board in accordance with Article 20, paragraph 1^er;
5° the rejection of an application for an establishment authorization;
6° the decision, pursuant to section 22, to leave specified places, to stay away from them or to reside in a specified place;
7° any decision to refuse recognition of the right of residence to a foreign EU, on the basis of applicable European regulations, as well as any decision to terminate the stay of a foreign EU on the basis of Article 44bis;
8° any decision to depart from a foreign EU exempted from the obligation to obtain a residence permit separate from the document which allowed its entry into Belgian territory;
9° the decision refusing the residence permit requested on the basis of article 58 to a foreigner who wishes to study in Belgium.
§ 2. Where applicable, in the event of a challenge referred to in § 1^er, paragraph 2, 6° and 7°, the EU foreign national shall be authorized by the Minister or his delegate to present in person his defence, except where his appearance may seriously disrupt public order or public security or where the appeal relates to a refusal of access to the territory.
This provision is also applicable to the Council of State, acting as a cassation judge against a decision of the Council. "
Art. 181. Article 39/80, as follows, is inserted in the same law:
"Art. 39/80. Where an appeal for the cancellation of a decision on entry or stay is linked to an appeal against a decision of the Commissioner-General for Refugees and Stateless Persons, the review of the latter appeal is a priority. Where applicable, the Commission may, however, in the interest of a good administration of justice, decide either whether the two appeals will be examined and closed simultaneously, or that the review of the annulment appeal will be suspended until the final decision on the appeal of full jurisdiction. "
Art. 182. In Title Ibis, chapter 5, section III, of the same Act, a sub-section 2, entitled as follows:
"Subsection 2. - The cancellation procedure. »
Art. 183. Article 39/81, as follows, is inserted in the same law:
"Art. 39/81. The cancellation procedure shall be carried out in the manner provided for in the articles:
- 39/71;
- 39/72, § 1^erParagraph 1^er;
- 39/73, § 1^erParagraphs 1^er and 2, and § 2;
- 39/74;
- 39/75;
- 39/76, § 3, paragraph 1^er;
- 39/77. "
Art. 184. In Title Ibis, chapter 5, section III, of the Act, it is inserted a sub-section 3 and a paragraph 1^erentitled:
"Subsection 3. - The Administrative Referendum
§ 1^er. Suspension. »
Art. 185. Article 39/82, as follows, is inserted in the same law:
"Art. 39/82. § 1^er. Where an act of an administrative authority is subject to cancellation under section 39/2, the Commission is solely competent to order the suspension of its execution.
The suspension shall be ordered, the parties heard or duly convened, by a reasoned decision of the chair of the seized chamber or the judge to the litigation of the aliens whom he designates for that purpose.
In the event of an extreme emergency, the suspension may be provisionally ordered without the parties or some of them being heard.
When the applicant requests the suspension of the execution, the applicant must either opt for an emergency suspension or for an ordinary suspension. Under penalty of inadmissibility, he or she may neither simultaneously nor consecutively, either apply again to paragraph 3 or request the suspension again in the request referred to in § 3.
By derogation from paragraph 4 and without prejudice to § 3, the rejection of the application for suspension under the extreme emergency procedure does not prevent the appellant from subsequently introducing a request for suspension under the ordinary procedure, when this request for a suspension in extreme emergency was rejected on the ground that the extreme emergency is not sufficiently established.
§ 2. The suspension of the execution may only be ordered if serious means that may justify the annulment of the contested act are invoked and provided that the immediate execution of the act may cause a serious injury that is difficult to repair.
Orders by which the suspension was ordered may be reported or amended at the request of the parties.
§ 3. Except in cases of extreme emergency, the request for suspension and the request for cancellation must be introduced by a single act.
In the title of the request, it should be mentioned that either a remedy for cancellation or a request for a suspension or a remedy for cancellation. If this formality is not fulfilled, it will be considered that the request only includes a remedy for cancellation.
Once the appeal for cancellation is filed, a request for suspension subsequently filed is not admissible, without prejudice to the possibility offered to the applicant to introduce, in the manner referred to above, a new remedy for cancellation with 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 complainant, warrant that the suspension or, where appropriate, interim measures be ordered.
The suspension and other interim measures that would have been ordered prior to the introduction of the motion for the annulment of the act will be immediately lifted by the presiding officer of the chamber or by the judge to the litigation of the aliens whom he or she designates, if he or she finds that no request for annulment invoking the means that had justified them was filed within the time limit provided by the Rules of Procedure.
§ 4. The Speaker of the Chamber or the Judge of the Aliens whom he designates shall rule within thirty days on the application for suspension. If the suspension is ordered, it shall be decided on the motion for annulment within four months of the judgment.
If the foreigner is subject to a deportation or return measure whose execution is imminent, and has not yet filed an application for suspension, he may request the suspension of that decision in extreme emergency. If the foreigner has filed an urgent appeal pursuant to this provision within 24 hours of the notification of the decision, the appeal shall be considered within 48 hours of the receipt by the Council of the application for suspension of execution in extreme emergency. If the Speaker of the Chamber or the Judge of the Disappeared Aliens does not take a decision within that time limit, he must notify the First President or the President of the Chamber. It shall take the necessary measures to make a decision no later than seventy-two hours after receipt of the request. In particular, he can evoke the case and decide himself. If the Commission has not made a decision within the aforementioned seventy-two hour period or if the suspension has not been granted, the enforcement of the measure is again possible.
§ 5. The Council may, following an expedited procedure established by the King, cancel the act whose suspension is requested if, within eight days from the notification of the order ordering the suspension, the opposing party has not filed a request for further proceedings.
§ 6. In the head of the requesting party, there is a presumption of discontinuance of proceedings where the application for suspension of an act or regulation has been rejected, the latter does not file a request for further proceedings within eight days of notification of the decision.
§ 7. The King shall determine, by order deliberately in the Council of Ministers, the procedure for the applications referred to in this article. Specific rules may be established regarding the examination of applications for suspension of the manifestly inadmissible and manifestly unfounded performance. A specific procedure for the examination on the merits of cases in which the suspension of the execution is ordered may also be established.
In the event that the suspension of the execution would be ordered for misappropriation of power, the case is referred to the General Assembly of the Council.
If the general assembly does not cancel the act that is the subject of the appeal, the suspension immediately ceases to produce its effects. In this case, the case is referred, for consideration of other possible means, to the chamber that was initially seized.
§ 8. If the board competent to decide on the merits does not cancel the act that is the subject of the appeal, it may lift or report the orderly suspension. "
Art. 186. Section 39/83, as follows, is inserted in the same Act:
"Art. 39/83. Unless agreed by the person concerned, the forced enforcement of the expulsion or return measure to which the alien is subjected shall be carried out only within twenty-four hours after the notification of the measure. "
Art. 187. In Title Ibis, chapter 5, section III, subsection 3, of the same Act, a paragraph 2 is inserted, as follows:
“§2. Interim measures. »
Art. 188. Article 39/84, as follows, is inserted in the same law:
"Art. 39/84. Where the Council is seized of an application for the suspension of an act in accordance with Article 39/82, it is solely competent, on the interim and under the conditions provided for in Article 39/82, § 2, paragraph 1^erin order to order all necessary measures to safeguard the interests of the parties or persons who have an interest in the solution of the case, with the exception of measures relating to civil rights.
These measures are ordered, the parties heard or duly summoned, by reasoned decision of the chair of the competent chamber to decide on the merits or by the judge to the litigation of the aliens he designates for that purpose.
In cases of extreme emergency, interim measures may be ordered without the parties or some of them being heard.
Section 39/82, § 2, paragraph 2, applies to judgments made under this section.
The King shall, by order deliberately in the Council of Ministers, establish the procedure for the measures referred to in this article. "
Art. 189. Article 39/85, as follows, is inserted in the same law:
"Art. 39/85. If a foreigner is subject to a deportation or return action whose execution is imminent, a foreigner who has already filed an application for a suspension may, provided that the Commission has not yet pronounced on that application, request, through interim measures within the meaning of section 39/84, that the Commission consider its application for a suspension as soon as possible.
The request for interim measures and the application for suspension shall be considered jointly and processed within 48 hours of receipt by the Commission of the request for interim measures. If the Speaker of the Chamber or the Judge of the Disappeared Aliens does not take a decision within that time limit, he must notify the First President or the President of the Chamber. It shall take the necessary measures to make a decision no later than seventy-two hours after receipt of the request. In particular, he can evoke the case and decide himself.
Upon receipt of the request for interim measures, the forced enforcement of the removal or return measure may not be carried out until the Commission has ruled on the application or has rejected the application. If the Commission has not made a decision within seventy-two hours referred to in paragraph 2 or if the suspension has not been granted, the enforcement of the measure is again possible.
The King shall, by order deliberately in the Council of Ministers, establish the content of the application referred to in this article, the manner in which it shall be introduced and the procedure. "
Art. 190. In article 51/3, § 3, of the same law, the words ", of the president or of a delegated assessor of the Standing Refugee Appeals Board" are deleted.
Art. 191. Article 51/4, § 3, paragraph 1^er, of the same Act, is replaced by the following paragraph:
Ҥ3. In proceedings before the Commissioner-General for Refugees and Stateless Persons, the Aliens Litigation Council and the State Council, the language chosen or determined in accordance with paragraph 2. "
Art. 192. In article 51/8, paragraph 2, of the same law, the words "the Council of State" are replaced by the words "the Council of the Litigation of Aliens".
Art. 193. In section 55 of the Act, inserted by the Act of 22 December 2003, and amended by the Act of 27 December 2004, the following amendments are made:
1° in § 1^erthe words "when it is still examined by the Minister or his delegate, the Commissioner-General for Refugees and Stateless Persons or the Standing Refugee Board" are replaced by the words "when it is still examined by the Commissioner-General for Refugees and Stateless Persons or by the Aliens Litigation Council";
2° in § 2, the words "The Council of State declares without object the remedy brought against a decision taken following a declaration or request made on the basis of articles 50, 50bis or 51" are replaced by the words "The Council of State declares without object the appeal brought against a decision taken by the Council of the Aliens Litigation".
Art. 194. Sections 57/11 to 57/23 of the Act, inserted by the Act of 14 July 1987 and amended by the Acts of 18 July 1991, 6 May 1993, 15 July 1996, 9 March 1998 and 16 March 2005, are repealed.
Art. 195. In section 57/23 bis of the Act, inserted by the Act of 6 May 1993 and amended by the Act of 15 July 1996, the following amendments are made:
1° in paragraph 1^er, the words "provided that the claimant agrees" are inserted between the words "his delegate" and the words "may consult all the documents";
2° paragraph 2 is replaced by the following paragraph:
"It may give notice, written or oral, to the Minister, provided that this notice concerns the competence to determine which State is responsible for the processing of the asylum application or to reject a subsequent asylum application, to the Commissioner General for Refugees and stateless persons, on his own initiative or at his request. It may also, on its own initiative, give written notice to the Aliens Litigation Council. »;
3° in paragraph 3, the words "an authority" are replaced by the words "the Commissioner General for Refugees and Stateless Persons".
Art. 196. In section 57/24 of the Act, inserted by the Act of 14 July 1987 and amended by the Act of 15 July 1996, the following amendments are made:
1° to paragraph 1^er, the words "and the Standing Refugee Board" are deleted and the words "as well as their functioning" are replaced by the words "as well as its functioning";
2° to paragraph 2, the words "and the first presidents of the Standing Refugee Board" are deleted and the word "writing" is replaced by the word "writing".
Art. 197. In section 57/25 of the Act, inserted by the Act of 14 July 1987 and amended by the Act of 15 July 1996, the following amendments are made:
1° to paragraph 1^er, the words "and the Standing Committee on Refugee Appeal" are deleted and the words "of their mission" are replaced by the words "of its mission";
2° Paragraph 3 is deleted.
Art. 198. In section 57/26 of the Act, inserted by the Act of 14 July 1987 and replaced by the Act of 6 May 1993, the following amendments are made:
1° in § 1^er, the words ", its deputy and the permanent presidents and assessors of the Standing Refugee Board" are replaced by the words "and its deputy";
2° §§ 2, 4 and 5 are repealed.
Art. 199. In section 57/27 of the Act, inserted by the Act of 14 July 1987, the words ", its deputy and members of the Standing Refugee Board" are replaced by the words "and its deputy".
Art. 200. In section 63 of the Act, as amended by the Acts of 14 July 1987, 18 July 1991, 6 May 1993 and 18 February 2003, the following amendments are made:
1st paragraph 1^er is replaced by the following paragraph:
"Administrative decisions may result in either a request for a lifting of a security measure or an appeal to the Aliens Litigation Council or an appeal to the judiciary, in accordance with the following provisions. »;
2° in paragraph 2, the words "and title III, chapter I^erbis are deleted.
Art. 201. Section 66, paragraph 3, of the Act is repealed.
Art. 202. In Title III of the Act, Chapter 4, containing sections 69, as amended by the Act of 10 July 1996, and 69bis, as last amended by the Act of 15 July 1996, is repealed.
Art. 203. Section 71 of the Act, amended by the Acts of 6 May 1993, 15 July 1996, 9 March 1998, 18 February 2003 and 1^er September 2004, the following amendments are made:
1° to paragraph 1^er, the reference to article 63/5, paragraph 3, and to article 67 is deleted and the words "51/5, § 3, paragraph 4" are replaced by the words "51/5, § 1^erparagraph 2, and § 3, paragraph 4,
2° in paragraph 3, the words "The Interested" are replaced by the words "Without prejudice to the application of articles 74/5, § 3, 5 and 74/6, § 2, paragraph 5, the Interested".
Art. 204. In section 72 of the Act, as amended by the Acts of 28 June 1984 and 10 July 1996, the following amendments are made:
1° to paragraph 1^er, the words ", the Minister, his delegate or his counsel" are inserted between the words "or his counsel" and the words "in his means" and the second sentence is deleted;
2° in paragraph 3, the words "in the case provided for in section 74," are deleted.
CHAPTER V. - Amendment of the Code of Criminal Investigation
Art. 205. In sections 479 and 483 of the Code of Criminal Investigation, replaced by the Act of 10 October 1967 and amended by the Acts of 3 June 1971, 28 June 1983 and 6 May 1997, the words "the members of the Council of Aliens Litigation" are inserted between the words "a referendum near this Court," and the words "a general".
CHAPTER VI. - Amendments to the Act of 5 April 1955 on the treatment of holders of a position in the Council of State
Art. 206. The title of the Act of 5 April 1955 on the treatment of holders of a position on the Council of State is replaced by the following title:
"Law of 5 April 1955 on the treatment of the holders of a position in the Council of State and of the magistrates and members of the Registry of the Council of the Litigation of Aliens".
Art. 207. Article 1^er the following amendments are made:
1° § 1^er is, from 1^er October 2002, replaced by the following provision:
« § 1^er. The salaries of the holders of a position on the Council of State are fixed as follows (in euros):
- First President 66 755
- Auditor General 64 989
President 64 915
Deputy Auditor General 63 196
- President of the Chamber 57 778
- First Chief Auditor
Section and First Referendum
Section leader 56 012
- State Councillor 53 511
- First listener and
First referendum 53 511
- Auditor and Referendum 44,091
- Deputy Auditor and
Assistant Secretary-General 33 790
- Chief Registrar 53 511
- Registrar 25 549."
2° 1^erbis is inserted, as follows:
"From the date fixed by the King, by decree deliberated in Council of Ministers, the treatment of clerk with the Council of State is fixed as follows (in euros):
- Registrar 29 125.71";
3° A § 1^erter is inserted, as follows:
« § 1^erter. The salaries of members of the Aliens Litigation Council and members of the Aliens Registry are set as follows (in euros):
- First President 62,000
President 59 616
- President of the Chamber 56 010
Judge of the litigation of foreigners 45,000
- Chief Registrar 30 612
- Registrar 20 252
The office holders of the Council of State who are designated for the function of first president or president shall enjoy the treatment set out in paragraph 1^erincluding allowances for increases and salary supplements provided for in this Act.
4° In § 2, the following amendments are made:
(a) in the introductory sentence, the words "to 897,073 francs" are replaced by the words "to 22,238 euros" and the words "(in francs)" are deleted;
(b) the amounts "94 979" and 71 234" are replaced respectively by "2 354" and "1 766".
5° In § 3, the following amendments are made:
(a) in the opening sentence, the words "to 1 363 072 francs" are replaced by the words "to 33 790 euros" and the words "(in francs)" are deleted;
b) the amounts "94 979" and "71 234" are replaced respectively by "2 354" and "1766".
Art. 208. In section 3 of the Act, as amended by the Acts of 3 June 1971, 2 August 1974, 6 January 1989, 17 October 1990, 3 April 1997 and 25 May 1999, the following amendments are made:
1° § 1^er, 1° is, from 1^er October 2002, replaced by the following provision:
« 1° With respect to the first president, the president, the chairs of the chamber, the councillors of state, the auditor general, the deputy general auditor, the first listeners heads of section, the first referees heads of section, the first listeners, the first referees and the chief clerk: eight successive increases, including the first three of 2,354 euros, the following four of 1,766 euros and the last of the following conditions:
- First President 3 306
Auditor General 5,072
President 3 232
Deputy Auditor General 4,998
- President of the Chamber . 2 894
- First Chief Auditor
section and first
Referendum Chief of Section 4 660
- State Councillor 2 776
- First listener and
First referendum 2 776
- Chief Registrar 2,776";
2° § 1^er, 2° to 4°, is replaced by the following provision:
« 2° With respect to auditors, referees, assistant auditors and assistant referees: eight successive increases of a total of Euro22,074, the first three of which are Euro2,943 and the remaining five to Euro2,649;
3° with respect to the clerks: eight successive increases of a total amount of 20,470.31 euros, the first three of which are 3,411.72 euros and the other five to 2,047.0 euros;
4° With regard to assessors in the section of legislation: seven successive increases of a total amount of Euro 7,063, the first three of which amounted to Euro1,177 and the remaining four to Euro883. »;
3° 1^erbis is inserted, as follows:
« § 1^erbis. Salaries and allowances referred to in articles 1^er and 2, with respect to the members of the Aliens Litigation Council, are increased after each three-year term of office in the above-mentioned Council. These increases are as follows:
1° With respect to the first president, the president and the chairmen of the chamber: eight successive increases, including the first three of 2,354 euros, the following four of 1,766 euros and the last according to the following conditions (in euros):
- First President 3 232
President 2 894
- Room President 2,776.
2° With regard to the judges to the litigation of foreigners: eight successive increases of a total amount of Euro22,074, the first three of which are Euro2,943 and the other five to Euro2,649;
3° With respect to the Chief Clerk and the Clerks: eight successive increases of a total amount of 11,037 euros, the first three of which amounted to 1,839 euros and the other five to 1,104 euros. »;
4° in § 2, the words "and the members of the Council of the Litigation of Aliens" are inserted after the words "to the Council of State" and the number "23 744" is each time replaced by the words "589 euros";
5° in § 3, the words "of the Council of State and the members of the Registry of the Council of the Litigation of Aliens" are inserted after the words "the clerks" and the number "29 680" is replaced each time by the words "738 euros";
6° a § 3bis is inserted, as follows:
“§3bis. Without prejudice to the other majorations 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 exercise a mandate, and which have at least eleven years of seniority of rank, shall, on favourable and formally motivated advice of the head of body and as long as they have not obtained, during their periodic evaluation, the assessment " Under the same conditions, the first listeners and the first referees who have been appointed for at least 11 years in the rank of first listener or first referee also benefit from this increase.
If a subsequent periodic assessment results in the above-mentioned "insufficient" assessment, the holder of the function referred to in paragraph 1^er loses this increase, which was awarded to it on the first of the month following the notification of the final assessment.
This provision does not apply until the provisions relating to the periodic assessment of the holders of the status board have entered into force. »;
7° to § 4, paragraph 2, the words "and the members of the Council of the Litigation of Aliens" are inserted between the words "The holders of a position in the Council of State" and the words "reste acquis";
8° to § 5, paragraph 1^erthe following modifications are made:
(a) in the introductory sentence, the words "and for the members of the Aliens Litigation Council" are inserted between the words "office holders" and the words "taking into account";
(b) to the 3rd, after the words "the same terms" are added the words "and the duration of the services presumed as a clerk at the Council of State or as a member of the Registry of the Council of the Litigation of Foreigners, provided that he is, in this capacity, holder of the degree of doctor, liccerated or master in law, in accordance with the same terms";
(c) the paragraph is completed as follows:
« 4° The period during which the function of a member of the Council of Aliens Litigation was exercised with respect to the holders of a position on the Council of State and during which the function of holder of a position on the Council of State was exercised with respect to the members of the Council of Aliens Litigation";
9° to § 5, paragraph 2, which became paragraph 3, are amended as follows:
(a) in the opening sentence, the words "to the Council of State and the members of the Registry of the Council of the Litigation of Aliens" are inserted between the words "Clerks" and "concerning";
(b) at 3°, after the words "Council of State", are added the words "or the Council of the Litigation of Aliens at level A or B and this at the same level and in the same manner as those determined in the statute. »;
(c) at 4°, the number "2" is replaced by "A or B";
10° in § 5, the following paragraph is inserted between paragraphs 2 and 3:
"Except where the new calculation is more advantageous, all Clerks of the Council of State appointed on the date of the entry into force of this provision shall keep the calculation of the periodic increase fixed on that date. »;
11° in § 6, the words "or as a member of the Council or the Registry of the Council of the Litigation of Aliens" are inserted between the words "Council of State" and the words "already a function";
12° § 7 is supplemented by the following paragraph:
"For the calculation of periodic increases, it is taken into account the periods during which the member of the Council or the Registry of the Aliens Litigation Council was placed outside the framework, pursuant to section 39/51 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of foreigners. "
Art. 209. Section 3bis of the Act, as amended by the Act of 3 April 1997, is replaced by the following provision:
"Art. 3bis. The holder of the office of the Council of State or the member of the Council or of the Registry of the Council of the Aliens Litigation to replace, for at least three consecutive months, the first president, the Auditor General, the President, the Deputy Auditor General, the Speaker of Chamber, the first auditor of section, the first referee of section, the Chief Clerk or the Clerk of the Council of the Aliens Litigation in the exercise of his or his or his or her mandate "
Art. 210. Section 3ter of the Act, as amended by the Act of 25 May 1999, is replaced by the following provision:
"Art. 3ter. Members of the Council of State, with the exception of the Clerks, and members of the Council of the Litigation of Aliens referred to in Article 1^er, which are in custody service, benefit from a treatment supplement of 3,223 euros. "
The Clerks of the Council of State and the members of the Registry of the Council of the Litigation of Aliens who are in custody, receive an additional salary of 2,231 euros. "
Art. 211. the following amendments are made to section 3quater of the Act, as amended by the Act of 25 May 1999:
1° the words "60 000 francs" are replaced each time by the words "1 487 euros";
2° the article is supplemented by the following paragraphs:
"The same treatment supplements are granted to the members of the Council and the Registry of the Aliens Litigation Council according to the distinctions set out in paragraphs 1^er and 2.
The office holder who, pursuant to section 39/20, paragraph 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, shall serve as a clerk, shall receive, in addition, half of the salary supplement referred to in paragraph 2, for the period in which he or she exercises that function. "
Art. 212. In article 4 of the same law, amended by the law of 2 August 1974, the words "and members of the Council and the Registry of the Council of the Litigation of Aliens" are inserted between the words "Council of State" and the words "are bound".
Art. 213. In section 5 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "and the members of the Council and the Registry of the Council of the Litigation of Aliens" are inserted between the words "office holders" and the words "seen to";
2° paragraph 2 is supplemented by the following words:
"and members of the Council and the Registry of the Aliens Litigation Council".
CHAPTER VII. - Final provisions
Section I^re. - Final provisions relating to the State Council
Art. 214. The Council of State shall remain competent for requests for opinions within the meaning of articles 8 and 9 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 shall be treated in accordance with the provisions in force on the day before this provision comes into force. Articles 51 and 51bis of the laws on the Council of State, coordinated on 12 January 1973, remain in application to these opinions.
Without prejudice to paragraph 1^er, the competent member of the auditorate shall, according to the state of the procedure relating to the request for notice, request that the seized board or competent authority maintain its request for notice. If there is no explicit retention within three months of the application for maintenance, the request for an opinion shall be closed as inadmissible.
Art. 215. The Council of State remains competent to deal with matters relating to the competence of the Mining Council 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 coming into force of this Law. They shall be treated in accordance with the provisions in force on the day before this provision comes into force.
Art. 216. The provisions of Article 17, § 1^erparagraphs 5 and 6, § 3, paragraph 1^er, the same laws, as amended by section 6, 3° of this Act, shall apply to remedies brought after the coming into force of this provision.
The provisions of Article 17, § 4, paragraph 2, of the Laws on the Council of State, coordinated on 12 January 1973, inserted by Article 6, 4°, of this Law, shall apply to remedies for which no report of the member concerned of the auditory was written at the time of the entry into force of this provision.
Art. 217. The eight-day period referred to in Article 20 of the Laws of the Council of State, coordinated on 12 January 1973, as restored in Article 8 of this Law, comes into force on a date determined by the King.
Until that date, the deadline is one month.
A year after the entry into force of Article 20, § 2, of the Laws on the Council of State, coordinated on 12 January 1973, as restored by Article 8 of this Law, the Council of Ministers assesses the grounds for admissibility set out in Article 20, § 2, paragraphs 2 to 4 above.
Art. 218. Article 21bis, § 3, and Article 30, § 6, of the Laws on the Council of State, coordinated on 12 January 1973, inserted by Articles 10 and 17 of this Law, are applicable to appeals filed after the entry into force of this provision.
For appeals filed prior to the entry into force of this provision, the requests for intervention filed in respect of disputes referred to in Article 30, § 5, paragraph 1, 2°, as set out in this Act, shall result in the payment of a stamp fee of 125 euros. If a person who voluntarily intervenes in a suspension procedure introduces two requests for intervention, one for the suspension procedure and the other for the cancellation procedure, the right is only paid for the suspension procedure and is recorded as a debit for the cancellation procedure.
Art. 219. Article 30, § 3, of the Laws on the Council of State, coordinated on 12 January 1973, inserted by Article 17, 6°, of this Law, is applicable to the pending cases for which the report of the competent member of the auditory has not yet been notified on the date of the entry into force of Article 30, § 3.
Art. 220. The Information Officer 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, apply for final appointment as a member of the administrative staff at a grade and in a job equivalent to that of an Information Officer. Such appointments shall, if any, be overcrowded.
After his appointment as an administrative staff member, he lost the capacity of a transplant member. However, he remains authorized, in his personal capacity, to carry the title of Information Clerk.
The King determines, on the advice of the first president, this equivalent job as well as the modalities of the transition to administrative staff.
Until the appointment referred to in paragraph 2 or, where applicable, until the day on which the period referred to in paragraph 1 is terminated^er, the function of an IT clerk is maintained. If the interested party does not use the possibility provided for in paragraph 1^er, it is designated at the registry, if any overnumbered. However, he remains authorized, in his personal capacity, to carry the title of Information Clerk.
Art. 221. Article 71, § 3, of the Laws on the Council of State, coordinated on 12 January 1973, as amended by Article 27 of this Law, shall apply to the appointment of the holders of office of the Council of State who have indeed eleven years of service since the entry into force of Article 71, § 3, referred to above, without prejudice to the provisions of Article 74/8.
Art. 222. The procedures for filling the actual holiday declared prior to the entry into force of this provision for appointments to the Council of State which shall, after the entry into force of this provision, be conferred by warrant and which are commenced before the entry into force of this article, shall be continued in accordance with the rules in force on the eve of the entry into force of this provision.
Mandate holders who, pursuant to paragraph 1^er, have yet to be appointed following the old procedure after the coming into force of these Regulations, are, at the time of their appointment, considered to have been designated as the relevant mandate holders.
The procedures for the holiday of a mandate that are not finalized before the first day of the fourth month following the entry into force of this provision are repeated ab initio, in accordance with the provisions of the laws of the Council of State, coordinated on 12 January 1973, in force at that time.
Art. 223. The heads of bodies of the Council of State who are appointed at the time of the entry into force of this article shall be deemed to be appointed as head of body from the first day of the fourth month following the entry into force of this provision.
They can:
1° be made available for their function as head of body in the month. In this case, a new head of body is designated according to the procedure provided for by the Laws on the Council of State, coordinated on 12 January 1973. The outgoing head of body continues to function until the new head of body is appointed;
2° to continue to exercise their function as a head of body for a period of five years. For this purpose, they shall submit within one month after the expiry of the period referred to in paragraph 1^era management plan that meets the requirements of coordinated laws on the Council of State. At the expiry of the term, their mandate may be renewed in accordance with the laws of the Council of State, coordinated on 12 January 1973.
For the purposes of this article, the ten-year period referred to in Article 74/3, § 1^er, paragraph 2 of the laws on the Council of State, coordinated on 12 January 1973, takes place on the date determined by the King.
After the release of the position of head of body, they continue to receive, as a personal measure, the treatment and increments thereof, until the day on which they are retired, resigned, revocation or, if any, their appointment or designation in another position or mandate, for up to two years. If applicable, they shall, as the case may be, exercise the deputy terms of office of chamber chair or chief auditor, in which they are deemed to be appointed on a final basis and retain their personal rank. Where applicable, the over-number disappears during the vacancy announcement of an Assistant Mandate.
Art. 224. Effective from the entry into force of this Article, the holders of a Deputy Mandate of the Council of State shall be deemed to be appointed in their Deputy Mandate. The nine-year period takes place from the initial appointment in the position.
Art. 225. The first periodic assessment or the first assessment of the holders of office in the Council of State is established between the sixth and twelfth months after this provision has entered into force for three years
Without prejudice to the contrary, the provisions relating to the status of the holders of office in the Council of State for which requirements are laid in respect of periodic assessment or assessment bulletins are applied eighteen months after this provision has entered into force for three months.
Art. 226. Sections 111, paragraphs 6 and 112 of the Laws on the Council of State, coordinated on 12 January 1973, as amended respectively by sections 61 and 62 of this Act, do not apply to office holders who, on the date of the entry into force of this provision, are deemed to be designated as law in a deputy mandate and who, on that date, are detached or have been unregulated, for the duration of their detachment or renewal
Art. 227. On the date fixed by the King, in the laws of the Council of State, coordinated on 12 January 1973, the words "administration section" are replaced by the words "administration section".
The King is authorized to introduce the new name referred to in paragraph 1^er in all existing laws referring to the "administration" section.
Art. 228. The King may co-ordinate the provisions of the Laws on the Council of State, coordinated on 12 January 1973, and the provisions that would have, until the time of coordination, expressly or implicitly made amendments.
To this end, He may:
1° otherwise arrange the arrangements for coordination, including by ordering or otherwise numbering them;
2° renumber the references in the provisions to be coordinated accordingly;
3° rewrite the provisions to be coordinated with a view to their consistency and uniformity, without prejudice to the principles enshrined therein.
The coordination will be titled as follows: "Lois on the State Council, coordinates the...".
Art. 229. Until the day of the entry into force of this provision, the treatment of the deputy general auditor near the State Council referred to in Article 1^er§ 1^er, of the Act of 5 April 1955 on the treatment of the holders of a position, as amended by section 207 of this Act, remains fixed at 59,618 euros.
Section II. - Final provisions concerning the establishment of the Aliens Litigation Council
Art. 230. § 1^er. Requests for revisions made pursuant to section 64 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens who are pending with the Minister of the Interior on the date referred to in section 231 become ex officio. The Minister or his delegate shall transmit this statement of fact to the applicant for review and inform him that, as soon as he is due, he may, within thirty days of notification of the communication, convert his request for review to a request for annulment of the decision requested for review.
Unless the appellant has introduced, pursuant to Article 69, paragraph 2, of the Act of 15 December 1980 on access to territory, the residence, establishment and removal of aliens, as it was applied on the eve of the date referred to in Article 231, a direct appeal to the Conseil d'Etat against the decision requested for review, the appellant may, as soon as the notice referred to in paragraph 1^er, to apply for a cancellation to the Aliens Litigation Council against the initial decision that it requested revision.
Except as agreed by the foreigner, no measure of removal from the territory may be enforced by force in respect of the foreigner within the time limit set out in paragraph 2 for the introduction of the appeal or during the examination of the appeal by the Aliens Litigation Board, an appeal for the initial decision requested by the foreigner, and such measures may not be taken in respect of the foreigner because of facts that have been given.
§ 2. The Council of State shall remain competent for annulment proceedings within the meaning of Article 69, paragraph 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens who were 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 decision is rendered by the Council of State concerning the appeal, a foreigner who has lodged an application for annulment pursuant to Article 69, paragraph 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens may avail himself of the benefit referred to in § 1^erParagraph 3.
Art. 231. The King shall, by order deliberately in the Council of Ministers and no later than one year after the publication of this Act, determine the date on which the Council of the Litigation of Aliens is competent to hear appeals under section 39/1 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
Art. 232. The Council of State remains competent to determine, on the basis of the provisions that apply on the eve of the date referred to in Article 231, the remedies for cancellation and suspension brought against individual decisions that are taken under the laws on access to territory, residence, establishment and removal of aliens.
Such remedies shall be treated in accordance with the provisions in force on the eve of the date referred to in section 231.
Art. 233. As long as the judicial backlog to the Council of State concerning the appeals for annulment and suspension against individual decisions that are taken under the Act of 15 December 1980 on access to the territory, the stay, establishment and removal of aliens is not resorbed, at least two French-speaking chambers and two Dutch-speaking chambers and at least nine members of the Auditorate have priority knowledge of these remedies.
Depending on the recorded data concerning the workload of the incumbents of office and the evolution of the pending cases and the backlog of jurisdiction, the heads of bodies may, each with respect to their competences, decide that one or more members of these chambers or the Auditorate are assigned, in whole or in part, or in priority to other litigations for the duration and the type of litigation they determine. They mention this in the activity report referred to in Article 74/6 of the Laws on the Council of State, coordinated on 12 January 1973, inserted by Article 30 of this Law.
If, after three judicial years, the legal backlog in cases referred to in paragraph 1^er is not resorbed, the heads of bodies report to the General Assembly and take the necessary measures to remedy it. They explain these in the activity report referred to in section 74/6.
Art. 234. § 1^er. Appeals pending before the Standing Committee on Refugee Appeal on the date set out in section 231 are deemed to be of full right pending before the Aliens Litigation Council.
Decisions on matters that are deliberated on the date referred to in paragraph 1^er shall be pronounced in the month following the date specified in paragraph 1^er. If the proceedings are to be reopened, these cases are prosecuted before the Aliens Litigation Council in accordance with the skills and procedure that were applicable at the time of the closing of the proceedings.
The first President and the President of the Aliens Litigation Council, assisted by the Chief Clerk and the Administrator, shall prepare an inventory of cases transferred under this provision.
§ 2. Unless, in an appeal, the first president or member designated by him of the Standing Refugee Board has applied section 235, § 3, the first president or the president, each with respect to his competence, or the judge delegated by him, requests in the remedies referred to in § 1^er the requesting party to continue the proceedings and complete the pending request to ensure that it meets the procedural rules that prevail before the Aliens Litigation Board.
The request for a prosecution supplementing the original request must, hardly of inadmissibility, satisfy the conditions referred to in article 39/69, § 1^erof the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. In derogation from Article 39/69, § 1^er, paragraph 2, 4°, the latter rule is hardly prescribed for inadmissibility.
The requesting party is presumed to withdraw if it does not introduce by registered fold within thirty days of notification of the application referred to in paragraph 1^era request for the prosecution of the procedure supplementing the initial request. In this case the application will be processed in accordance with section 39/73 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens as amended by this Act.
The Chief Clerk refers to this presumption in the notification of the application referred to in paragraph 1^er.
If the requesting party introduces an application within the time limit referred to in paragraph 2 for the continuation of the procedure supplementing the original application, the procedure shall be continued in accordance with the provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens as amended by this Act.
Art. 235. § 1^er. The Standing Refugee Board of Appeal remains competent to hear appeals under section 57/11 of the Act of 15 December on access to territory, residence, establishment and removal of aliens, until the day before the date referred to in section 231.
From the date to be determined by the King, until the eve of the date referred to in Article 231, with regard to appeals against the decisions of the Commissioner-General for Refugees and stateless persons that are pending during that period, the competence of the Permanent Refugee Board is extended to the jurisdiction to examine whether the requesting foreigner meets the conditions referred to in Article 48/4 of the Law of 15 December 1980 on Access to the Territory, the stay.
§ 2. Concerning appeals pending in accordance with § 1^er and for which no hearing date is yet fixed, the Standing Refugee Board has the same powers as those assigned by this Act to the Aliens Litigation Board.
In particular, the Standing Committee on Refugee Appeal may:
1° confirm or reform the decision under attack;
2° to cancel the decision under attack either because the decision under attack is filled with a substantial irregularity which cannot be repaired by the Standing Refugee Board of Appeal, or because there is a lack of essential elements that imply that the Standing Refugee Board of Appeal cannot conclude to the confirmation or re-training referred to in the 1° without further investigation measures.
These remedies are dealt with in accordance with the procedure and conditions set out in sections 39/9, 39/17, 39/18, 39/56 to 39/67, 39/69 to 39/77 of the Act of 15 December 1980, as set out in this Act, on the understanding that the words "The Council" must be understood as "The Standing Committee on Refugee Appeal".
§ 3. In cases referred to in § 1^er, the first president or member designated by him requests the requesting party to continue the proceedings and to complete the request pending in order to satisfy the procedural rules that prevail before the Aliens Litigation Board.
The request for a prosecution supplementing the original request must, hardly of inadmissibility, satisfy the conditions referred to in article 39/69, § 1^erthe law of 15 December 1980. In derogation from Article 39/69, § 1^er, paragraph 2, 4 °, of the Act of 15 December 1980, the latter rule is not prescribed barely to be inadmissible.
The requesting party is presumed to withdraw if it does not introduce by registered fold within thirty days of notification of the application referred to in paragraph 1^er a request to continue the procedure supplementing the original request.
The notification of the application referred to in paragraph 2 refers to this presumption.
If the requesting party enters within the time limit referred to in paragraph 2, an application for the prosecution of the procedure supplementing the original application, the procedure shall be continued in accordance with the provisions referred to in paragraph 2, paragraph 3.
§ 4. Appeals that are pending under this provision and for which a hearing date is fixed shall be dealt with in accordance with the provisions that prevail on the eve of the entry into force of that provision.
The decisions of the Standing Refugee Board are only subject to a cassation appeal to the State Council. Section 57/23 of the Act of 15 December 1980 on Access to Territory, Residence, Establishment and Displacement of Aliens, as it was in force on the eve of its repeal by this Act, applies to these cassation claims.
Article 20 of the Laws on the Council of State, coordinated on 12 January 1973, applies to cassation appeals against the decisions of the Standing Refugee Appeals Board, introduced after the entry into force of this provision.
Art. 236. § 1^er. The first appointment, within the framework of the creation of the Council of the Aliens Litigation, of the first president and the President of the Council of the Aliens Litigation, is made by the King, by means of a deliberate decree in the Council of Ministers, among the candidates who have for at least five years been:
1st member of the Council of State referred to in article 69, 1st to 3rd inclusive, laws on the Council of State, coordinated on 12 January 1973;
2° permanent member of the Permanent Refugee Appeals Board who meet the requirements of Article 39/19, § 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, as set out in this Act.
On the day of publication to the Belgian Monitor referred to in § 2, paragraph 1^erthe candidate must be at least five years away from the age limit referred to in section 39/38 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
At the same time, a member of the Standing Refugee Appeals Board who is designated as the first president or president is appointed to the Aliens Litigation Board. At the end of the term, the person concerned shall be appointed, if any overnumbered, as a judge to the litigation of aliens.
In such a case, it ranks on the date it was appointed first president or president as part of its designation.
If a holder of office of the Council of State is appointed as the first president or president and the person concerned has requested, at the end of the term, to be appointed, pursuant to Article 39/24, § 3, paragraph 4 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens, to the Council of the Litigation of Aliens, that entails an appointment, if any, to the judge. In this case, the interested party is on the date it was appointed first president or president as part of its designation.
§ 2. The Minister of the Interior publishes to the Belgian Monitor the holiday referred to in § 1^er. The publication mentions the holidays, the terms and conditions of designation, the deadline for the introduction of applications that is at least one month and the authority to which the application must be sent.
Candidates for the term of office of first president or president shall apply their curriculum vitae and a forward-looking plan in which they set out their vision on the establishment of the Aliens Litigation Council and on the terms and conditions of work of the Aliens Litigation Council as soon as the Council exercises its functions in the application of Article 231.
§ 3. The ten-year period and the five-year period referred to in Article 39/24, § 1^erthe Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens shall take place on the date referred to in section 231.
The first president shall submit in the month following the date referred to in Article 231 a management plan that meets the requirements of Article 39/24, § 2 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
Art. 237. § 1^er. The first appointment within the framework of the creation of the Council of the Aliens Litigation of a Chief Clerk of the Council of the Aliens Litigation is made by the King, by means of a deliberate decree in the Council of Ministers, among the candidates who have been, for at least three years,:
1° appointed as a member 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 exercising the function of clerk assumed to the Council of State;
2° appointed as Chief Clerk, Chief Clerk of Service, Clerk or Assistant Clerk near courts and tribunals;
3° holders of a degree giving access to level functions A in public administrations or perform such a function and provide evidence of a useful experience of at least three years.
§ 2. The Minister of the Interior publishes to the Belgian Monitor the holidays referred to in § 1^er. The publication mentions holidays, terms and conditions of designation, the deadline for the introduction of applications that is at least one month and the authority to which they must be sent.
Unless the candidate provides proof of knowledge of the other language in accordance with section 242, proof of knowledge of the other language referred to in section 39/21, § 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens must be provided no later than the end of the first three-year period.
The three-year period referred to in Article 39/25, § 2 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens begins to run on the date specified in Article 231.
Art. 238. § 1^er. The first appointment within the framework of the creation of the Council of the Aliens Litigation of the Administrator of the Council of the Aliens Litigation is made by the King, by means of a deliberate order in the Council of Ministers, among the candidates who meet the conditions set out in article 39/55 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of foreigners.
§ 2. The Minister of the Interior publishes to the Belgian Monitor the vacancy referred to in § 1^er. The publication mentions the vacancy, the terms and conditions of designation, the deadline for the introduction of applications that is at least one month and the authority to which they must be sent.
Evidence of the knowledge of the other language referred to in section 39/55, paragraph 3 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens must be provided no later than the end of the first four-year period.
The four-year period referred to in section 39/55 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens begins to run on the date determined in section 231.
Art. 239. § 1^er. The first appointment within the framework of the creation of the Council of the Aliens of the Judges to the Aliens Litigation is made by the King, by means of a deliberate order in the Council of Ministers, among the candidates who meet the conditions set out in article 39/19, § 2 of the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens and who have been deemed fit in accordance with § 2,
For the purposes of this section, permanent members of the Permanent Refugee Board of Appeal who may avail themselves of the application of section 3 of the Act of 16 March 2005 amending section 57/12 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, shall not meet the requirement to be holder of a diploma of doctor, licence or master of appointment
If neither the first president nor the president provide proof of the 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 removal of aliens or in accordance with Article 242 of this Act, they shall be assisted by a member of the Bilingual State Council within the meaning of Article 69, 1° of the Laws on the State Council of 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 the candidate.
§ 2. At the initiative of the first president of the Council of Foreign Litigation, the Minister of the Interior publishes to the Belgian Monitor the holidays referred to in § 1^er. The publication mentions holidays, terms and conditions of designation, the deadline for the introduction of applications that is at least one month and the authority to which they must be sent.
The Minister of the Interior organizes a selection test which determines the content and the modalities.
The selection test referred to in paragraph 2 shall be exempted: candidates who, at the time they apply, exercise the function of either as a reference to the Court of Arbitration or as a holder of office referred to in Article 69, 1° to 3° of the Laws on the Council of State, coordinated on 12 January 1973, or as a judge or adviser in the exercise of the judicial order, or as a permanent member of the Standing Committee.
§ 3. The first president and the president present their joint proposal and all applications and the evaluation of them to the Minister of the Interior.
Art. 240. § 1^er. The first appointment of the presiding officers is made by the General Assembly of the Council of Aliens Litigation among the members of the Council who provide evidence that they have exercised for at least three years a judicial function, or among the holders of office 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, which have been appointed for at least three years in the above-mentioned quality.
the date of publication to the Belgian Monitor referred to in § 2, paragraph 1^erthe candidate must be at least three years away from the age limit provided for in section 39/38 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
§ 2. The Minister of the Interior publishes to the Belgian Monitor, on the initiative of the first president of the Council of the Litigation of Aliens, the holidays envisaged in § 1^er. The publication mentions holidays, terms and conditions of designation, the deadline for the introduction of applications that is at least one month and the authority to which they must be sent.
The first appointment is made by the general assembly composed of the first president and the president and members of the Aliens Litigation Council appointed in accordance with Article 239, provided that twenty judges of the Aliens Litigation were sworn in.
§ 3. If pursuant to § 1^er a holder of office of the Council of State shall be appointed to the deputy term of chamber chair, and may, after assessment, be designated on a final basis, in accordance with section 39/25 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, by the appointing authority after exercising his or her office for nine years.
The final designation to the Council of the Litigation of Foreigners at the same time entails the over-numbering appointment of the alien to the position of judge to the litigation of aliens. In such a case, it ranks on the date of its first appointment to the Deputy Mandate. This appointment implies the resignation of the Council of State in full law. In this case, it retains the salary, increases, salary supplements and allowances related to the function of holder of office in the Council of State unless a higher salary is related to the function it resumes.
Upon express written request filed at least two months prior to the expiry of the Assistant Mandate, it may waive its final designation referred to in paragraph 2. In such a case, it shall, at the end of the Assistant Mandate, resume the term or function to which it was appointed or last appointed. If so, it is overnumbered. When the person is not appointed in the term of office that he or she resumes the fiscal year, he or she is deemed to be designated for the period for which the term is granted.
Art. 241. § 1^er. The first designation of the clerks as part of the creation of the Council of the Aliens Litigation is made by the King, by means of a deliberate order in the Council of Ministers, on the basis of two lists of two candidates proposed on the one hand by the first president and the president and on the other hand by the chief clerk, among the candidates who meet the conditions referred to in article 39/20, paragraph 2, of the law of 15 December 1980 on access to the residence §
§ 2. at the initiative of the first president of the Council of Foreign Litigation, the Minister of the Interior publishes to the Belgian Monitor the holidays referred to in § 1^er. The publication mentions holidays, terms and conditions of designation, the deadline for the introduction of applications, which is at least one month, and the authority to which they must be sent.
The Minister of the Interior organizes a selection test which determines the content and the modalities.
The selection test referred to in paragraph 2 shall be exempted: candidates who, at the time of their election, have been serving for at least five years as a member of the Registry of the State Council referred to in Article 69, 4° of the Laws on the Council of State, coordinated on 12 January 1973, or as a clerk in the Council of State or as chief clerk, as clerk in chief of service, clerk or deputy clerk in courts and tribunals.
Art. 242. § 1. Members of the Council of the Litigation of Foreigners referred to in Articles 236 to 241 who at the date of their designation or appointment shall provide proof of the knowledge of the French or Dutch languages referred to in Article 43, § 3, paragraph 3, of the laws on the employment of languages in administrative matters coordinated by the Royal Decree of 18 July 1966 or to Articles 5 and 7 of the law of 30 July 1938 concerning the use of languages in the army,
§ 2. The members of the Foreign Litigation Council referred to in articles 236 to 241 who at the date of their designation or appointment provide proof of the knowledge of the German language for the level Article 15, § 1, paragraph 3, of the laws on the use of languages in administrative matters, coordinated by the Royal Decree of 18 July 1966, or which prove that in order to be appointed an official, they have made in German their examination of access to this function in accordance with Article 43, § 4, paragraph 3, of the aforementioned laws, are supposed to have proved the knowledge of the German language referred to in Article 39/21, § 3,
If at the first appointment or appointment none of the judges or agents provides proof of sufficient knowledge of the German language within the meaning of paragraph 1^er Article 39/21, § 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, the first president decides whether the examination of a case which was introduced in German is dealt with in French or in Dutch. In this case, the documents used by the Commission are translated as appropriate in French or Dutch. Oral interventions take place in French or Dutch as appropriate or in German with simultaneous translation. The stop is pronounced in German.
Art. 243. This Article and Articles 235, § 1^er2, 236 to 242 come into force on the day of their publication in the Belgian Monitor.
The King shall determine the effective date of Articles 6, 3°; 6, 4°, 17, 1° to 6°; 25, 2°; 52, 4°; 216; 219 and 220.
The other articles come into force on the first day of the second month following the one in which this Act was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, September 15, 2006.
ALBERT
By the King:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
Minister of Average Class and Agriculture,
Mrs. S. LARUELLE
Minister of the Environment and Pensions,
B. TOBBACK
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Documents of the House of Representatives:
DOC 51-2479 (2005/2006):
Number 1: Bill.
Number 2: Annexes.
n^bones 3-8: Amendments.
No. 9: Opinion of the State Council.
No. 10: Amendments.
Report.
No. 12: Text adopted by the commission.
No. 13: Text adopted in plenary and transmitted to the Senate.
Full report: 12 July 2006.
(2) Documents of the Senate:
3-1787 - 2005/2006: 3-1787 - 2005/2006:
No. 1: Project transmitted by the House of Representatives.
No. 2: Amendments.
Number three: Report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary and subject to Royal Assent.
Annales du Sénat : July 14, 2006.