belgiquelex.be - Carrefour Bank of Legislation 20 JULY 2006. - An Act to establish the Judicial Order Modernization Commission and the General Council of Partners of the Judicial Order (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I
erArticle 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - The Judicial Order Modernization Commission
Art. 2. The Commission on Modernization of the Judiciary, referred to as the Commission, is established with the Federal Justice Public Service. The composition and competence of the Commission shall be determined by this Act.
The provision for the establishment and operation of the Commission is included in the Federal Public Service Justice budget.
The Commission exercises its functions independently.
Annually, the Commission submits an activity report to the House of Representatives and the Senate, the Superior Council of Justice and the Minister of Justice.
CHAPTER III. - Missions of the Commission
Art. 3. § 1
er. The Commission is responsible for any action designed to modernize the management of the Judicial Order.
To this end, it ensures that:
1° conduct a general reflection on the modernization of the management of the Judicial Order;
2° Organize and conduct a reflection on the structures of the judicial and judicial bodies;
3° to develop projects to harmonize, improve and modernize the management of the Judicial Order;
4° Design and support the development of experimental projects in the management of the Judicial Order at the federal or local level;
5° to accompany the experiences of transfer of competence to the courts within the framework of administrative decentralization;
6° provide methodological support for the implementation of experimental projects in the management of the Judicial Order;
7° propose methods for optimizing the use of means dedicated to the functioning of the judicial institution;
8° create and maintain a network of information exchange between the central administration of the Federal Public Service Justice and the heads of bodies.
§ 2. The Federal Public Service Justice shall make available to the Commission all information necessary to carry out its duties.
§ 3. All projects issued by the Commission in accordance with § 1
er shall be transmitted to the Superior Council of Justice which may render an opinion.
CHAPTER IV. - Composition and functioning of the Commission
Art. 4. The Commission shall include a President and a Vice-Chair appointed by the King, by order deliberately in the Council of Ministers, for a term of six years, renewable.
The Chair and the Vice-Chair are of different linguistic roles; They are magistrates, one of the headquarters, the other of the public ministry.
They are chosen from persons who have exercised responsibilities in the management of the Judicial Order.
They exchange their function after three years. A three-year term interrupted before term is completed by another person designated in the manner used to designate the predecessor.
Art. 5. The Commission shall include, in addition to the President and the Vice-Chairperson, six members appointed by the King, by order of the Council of Ministers, for a term of six years, renewable.
Of these members, two members have the status of a magistrate, one of the headquarters, the other of the public ministry; two are members of the Judicial Order; Two members are level A officers of a Federal Public Service, at least one of the two members from the Federal Public Service Justice.
Federal Public Service officers shall be granted leave for mission of general interest in accordance with Article 102, § 2, of the Royal Decree of 19 November 1998 on leave and absence granted to members of the staff of the State administration.
The Commission is composed of an equal number of members of French expression and Dutch expression.
All members have a useful in-depth experience in the exercise of the Commission's competencies.
They exercise their full-time function.
Art. 6. The Minister of Justice ensures that vacancies are published in the Belgian Monitor. Nominations are addressed to the Chair of the Federal Justice Public Service Steering Committee.
Art. 7. The Chair and the Vice-Chair shall serve on a full-time basis.
During their term of office, they may not engage in any other professional activity unless authorized by the Minister of Justice.
They enjoy equal treatment with that of the first general lawyer near the Court of Cassation, as well as increases and benefits associated with it.
The President, the Vice-President and the two members of the judiciary are for this legal mission.
The Chair directs the Commission and assumes the day-to-day management of the Commission, directs the secretariat, chairs and represents the meetings of the Commission.
The chair is assisted by the Vice-Chair.
In the event of the President's incapacity, the Vice-President shall perform his duties.
The King shall specify the procedure for the execution of this article.
Art. 8. Members of the Commission receive a monthly salary supplement of Euro400.00. This amount is linked to the evolution of the pivotal index 138,01.
They are entitled to stay and travel allowances in accordance with the provisions applicable to federal public services personnel.
Art. 9. The Commission has a four-person secretariat headed by a chief of service, appointed by the King for a six-year term, renewable.
The King shall determine the amount of the remuneration of the members of the secretariat and shall specify the procedure for the execution of this article.
The Federal Public Service Justice provides the Commission and its secretariat with the necessary material resources to carry out its duties.
CHAPTER V. - The General Council of Partners of the Judicial Order
Art. 10. A General Council of Partners of the Judiciary is established, referred to as the General Council, to propose to the Commission any initiative that promotes the modernization of justice.
It can create working groups within it to which it assigns specific tasks.
This Council is composed of:
- two members appointed by the Court of Cassation; the first member of the seat, designated by the first president, the other member of the prosecutor's office, appointed by the Attorney General;
- four members appointed by the first presidents of the appeal and work courses; two of the four being from a trial court;
- two members appointed by the College of Attorneys General;
- two members appointed by the King ' s Attorneys ' Council;
- a justice of the peace and a police judge appointed by the Minister of Justice;
- the Director General of the Federal Public Service Judicial Order;
- a member designated by the Orde van Vlaamse Balies;
- a member designated by the Order of Francophone and German-speaking Bars;
- two members appointed by the National Chamber of Judicial Officers;
- two members appointed by the National Chamber of Notaries;
- two staff of the prosecutor ' s and auditor ' s secretariats appointed by the Minister of Justice;
- two members of the Registry staff, appointed by the Minister of Justice;
- two persons with in-depth experience in the exercise of the competencies of the General Council of Partners of the Judicial Order, designated by the Minister of Justice.
To this Council are two members of the Superior Council of Justice, appointed by the General Assembly, as observers without a deliberate vote.
The Chair and Vice-Chair of the Commission are ex officio members of the General Council of Partners of the Judicial Order.
Art. 11. The General Council and its working groups may invite, where appropriate, all experts that they consider useful to hear or solicit their views.
Art. 12. Each representation of the General Council, with the exception of those of the Order of French-speaking and German-speaking Bars and the Orde van Vlaamse Balies, and the Director General of the Judicial Order of the Federal Public Service Justice, is composed of a French-speaking member and a Dutch-speaking member.
The General Council selects a President and a Vice-President, one Francophone, the other Dutch-speaking, for a three-year term, renewable.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 July 2006.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
For the Minister of Justice, absent,
Minister of Defence,
A. FLAHAUT
____
Note
(1) Session 2005-2006.
Senate.
Documents. - Bill No. 3-1720/001. - Amendments, No. 3-1720/002. - Report, number 3-1720/003. - Text amended by the Commission, No. 3-1720/004.
Annales. 29 June 2006.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-2595/001. - Opinion of the Supreme Council of Justice, No. 51-2595/002. - Report, 51-2595/003. Text corrected by commission, no. 51-2595/004. - Text adopted in plenary session and subject to Royal Assent, No. 51-2595/005.
Report integral. - 13 July 2006.
