20 JUIN 2006. - An Act to amend various texts relating to the integrated police

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 78 of the Constitution.
CHAPTER II. - Amendment of the General Act of 21 July 1844 on civil and ecclesiastical pensions
Art. 2. In Article 8, § 1^er, paragraph 3, of the General Act of 21 July 1844 on Civil and Ecclesiastical Pensions, replaced by the Act of 25 January 1999 and amended by the Act of 30 March 2001, the words "VI.III.2 of the Royal Decree of 30 March 2001 on the legal position of police personnel" are replaced by the words "65 of the Act of 26 April 2002 on the essential elements of the status of members of police services and
CHAPTER III. - Amendments to the Police Service Act of 5 August 1992
Art. 3. In article 5, paragraph 3, of the Law of 5 August 1992 on the Police Function, inserted by the Law of 7 December 1998, the words "judicial services" are replaced by the words "disconcerned judicial branches".
Art. 4. In section 5/2, paragraph 6, of the Act, inserted by the Act of 7 December 1998, the following amendments are made:
1° the words "of the decicent judicial service" are replaced by the word "judicial";
2° the words "judicial unity" are replaced by the words "judicial direction".
Art. 5. In article 9, paragraph 2, of the same law, inserted by the law of 7 December 1998, the words "of the deconcentrated judicial service" are replaced by the word "judicial".
Art. 6. Section 44/2, paragraph 3, of the Act, inserted by the Act of 7 December 1998, is replaced by the following provision:
"Management of the IT structures and technical means required for the general national data bank referred to in section 44/4 is provided by the Federal Police Headquarters. »
Art. 7. In article 44/4, paragraph 1^er, of the same law, inserted by the law of 7 December 1998 and amended by the law of 2 April 2001, the words "in one of the branches responsible for the support, referred to in section 93, 2°, of the law of 7 December 1998 organizing an integrated police service, structured at two levels. are replaced by the words "in the Federal Police Headquarters. »
CHAPTER IV. - Amendments to the Act of 7 December 1998 organizing an integrated, two-tiered police service
Art. 8. In section 6 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, the following amendments are made:
1° in paragraph 1^er3°, the words "the Attorney General, President of the College of Attorneys General; are replaced by the words "a Attorney General, on the proposal of the Attorney General's College, for a renewable period of four years; »;
2° the article is supplemented by the following paragraph:
"The King shall designate by order deliberately in the Council of Ministers, an alternate for each member referred to in paragraph 1^er, 3°, 4°, 6° to 8° and 10°, respecting the quality, the linguistic regime and, if applicable, the mode of presentation. »
Art. 9. In section 30 of the Act, as amended by the Program Act of 30 December 2001, the following amendments are made:
1st paragraph 1^er is supplemented by the words ", which must be able to exercise his mission independently. »;
2° the following paragraphs are inserted between paragraph 1^er and paragraph 2:
"The special accountant is the financial advisor and financial manager of the local police.
He's under the authority of the police college. »;
3° in paragraph 4, the words "a special accountant of another police area, a level A staff member of the administrative and logistical framework of the local police force," are inserted between the words "calling" and "a regional receiver";
Paragraph 5 is supplemented as follows:
"A local police force can put a member of its staff from the administrative and logistical framework at the disposal of another local police force as a special accountant full-time or part-time, regardless of its function within its original police force. »;
5° the article is supplemented by the following paragraph:
"On a decision of the Police Council, a special accountant who holds a degree or certificate of study at least equivalent to those taken into account in the recruitment to level A jobs in the federal government can make an application in the administrative and logistical framework of the local police force concerned. The special accountant of several police zones can only be transferred to the staff of up to two local police forces. He is a member of the staff appointed on a final basis from the local police force(s) concerned and is entitled to a special grade of level A. The King determines the status of the special accountants as well as the procedure for carrying out their mission. The Police Board may decide to safeguard the level of remuneration that the Special Accountant received prior to its transfer. For the surplus, the King sets out the terms of the transfer. »
Art. 10. Section 31, paragraph 15, of the Act is repealed.
Art. 11. Article 48, paragraph 1^er, from the same law, the words "for a term of five years, renewable once" are deleted.
Art. 12. The following amendments are made to section 49 of the Act:
1° in paragraph 1^er, the words "At the end of the first five-year term, the King extends the designation of the head of the local police force" are replaced by the words "The King decides on requests for renewal of designation as the head of the local police force";
2° in paragraph 2, the words "don't give satisfaction in its function" are replaced by the words "gets an "sufficient" assessment.
Art. 13. Section 93 of the Act, as amended by the Act of 26 April 2002, is replaced by the following provision:
"Art. 93. § 1^er. The federal police include:
1° the police station;
2° three branches, namely the General Directorate of the Administrative Police, the General Directorate of the Judicial Police and the General Directorate of Support and Management.
The Office of the Commissioner-General and branches are composed of central and decentralized branches and services, including:
1° the deconcentrated coordination and support directions;
2° the deconcentrated judicial branches;
3° borough information hubs;
4° information and communication centers.
For the surplus, subject to the application of articles 100bis to 102bis, the King regulates the organization of the police station and branches in directions and services.
§ 2. All branches, branches and services of the federal police are the responsibility of the Commissioner General. »
Art. 14. In section 94 of the Act, as amended by the Act of 2 April 2001, the following amendments are made:
1° the words "decent services of the federal police referred to in Article 93, 3° and 4°" are replaced by the words "decent directions and services of the federal police referred to in Article 93, § 1^er, paragraph 2, 1° to 3°, »
2° the words "directions and" are inserted between the words "des" and "services".
Art. 15. The following amendments are made to section 98 of the Act:
1° in paragraph 2, the words "services" are deleted;
2° in paragraph 4, the words "judicial services" are replaced by the words "disconcerned judicial branches".
Art. 16. The following amendments are made to section 99, paragraph 2, of the Act:
1° the words "direct and" are inserted between the words "Il" and "surance";
2° the words "of the decicent judicial service" are replaced by the word "judicial".
Art. 17. An article 100bis, as follows, is inserted in the same law:
"Art. 100bis. - The Commissioner General ensures the effective and efficient operation of the federal police and the application of the principles of speciality and subsidiarity.
It contributes to the optimal integrated operation of the two police components, in particular by ensuring the execution of the support missions by its own directorates and services and by the branches. To this end, he has regular meetings with local police representatives.
In this context, the Office of the Commissioner-General includes the following:
1° the collection and operation of operational police information;
2° the definition and monitoring of the policy on international police cooperation;
3° the management of relations with the local police;
4° the organization of special units for the benefit of all police services. »
Art. 18. Section 101 of the Act is replaced by the following provision:
"Art. 101. - The General Directorate of the Administrative Police is responsible for the specialized and supralocal administrative police missions and, in this context, support missions to local authorities and police. The Director General of the Administrative Police contributes to an optimal integrated operation, in particular by ensuring the execution of the support missions by its own directorates and services.
The General Directorate of the Administrative Police provides, inter alia, the following:
1° the direction and operational coordination of the administrative police missions of the Federal Police Central Services;
2° specialized administrative police missions and support to police missions;
3° the organization of the Federal Response Reserve;
4° support to the administrative disconcerting missions of the administrative coordinators. »
Art. 19. Section 102 of the Act is replaced by the following provision:
"Art. 102. - The General Directorate of the Judicial Police is responsible for specialized and supra-local judicial police missions and, in this context, support missions to local authorities and police. The Director General of the Judicial Police contributes to an optimal integrated operation, in particular by ensuring the execution of the support missions by its own branches and services.
The General Directorate of the Judicial Police provides, inter alia, the following:
1° the use of judicial information that is necessary for the implementation of the integrated police;
2° the direction and operational coordination of the judicial police missions of the central federal police services;
3° operational coordination, control and support of the disconcerned judicial branches;
4° specialized judicial police missions and support to police missions;
5° the technical and scientific police, without prejudice to the powers of the National Institute of Criminalism and Crimeinology. »
Art. 20. An article 102bis, as follows, is inserted in the same law:
"Art. 102bis. - The General Directorate of Support and Management is responsible for non-operational support missions to the federal police and some support missions to the local authorities and police. The Director General of Support and Management contributes to an optimal integrated operation, in particular by ensuring the delivery of support missions by its own directorates and services.
The general management of support and management, in particular, ensures the management of human resources and material and financial resources. »
Art. 21. In section 103 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "service" are replaced by the words "direction";
2° in paragraph 4, the words "of the decicent judicial service" are replaced by the word "judicial";
3° the article is completed by the following paragraph:
"The Director Administrative Coordinator is directly dependent on the Commissioner General. »
Art. 22. In section 105 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"The disconcerned judiciary carries out the specialized judicial police duties assigned to that direction in accordance with Article 5, paragraphs 2 and 3, of the Police Function Act. It is placed under the direction of the director of the disconcerned judiciary, known as the judicial director. »
2° in paragraph 2, the words "its service" are replaced by the words "its direction";
3° in paragraph 4, the words "deconcentrated judicial service" are replaced by the words "deconcentrated judicial direction", the words "of this service" are replaced by the word "judicial" and the words "deconcentrated judicial service" are replaced by the word "judicial";
4° in paragraph 6, the words "deconcentrated judicial services" are replaced by the words "deconcentrated judicial branches".
Art. 23. In section 107 of the Act, as amended by the Act of 2 April 2001, the following amendments are made:
1° in paragraph 1^erthe words "for a term of five years, renewable once" are deleted;
2° in paragraph 2, the words "for a term of five years, renewable once" are deleted;
3° in paragraph 3, the words "for a term of five years, renewable once" are deleted;
Paragraph 4 is replaced by the following provision:
"It may be put to an end to a mandate of the federal police if it appears, on the basis of an assessment of the assessment board, if applicable after notice of the respective bodies referred to in paragraphs 1^er, 2 or 3, and after the individual was heard, that the individual obtains an "sufficient" assessment. The King shall determine the conditions for the reassignment of agents whose mandate is terminated or whose mandate is not renewed. »;
5° in paragraph 5, the words "to the jobs referred to in paragraph 1^er, 2 and 3 are replaced by the words "to a federal police mandate."
Art. 24. An article 108bis, as follows, is inserted in the same law:
"Art. 108bis. - The superior officers are appointed by the King. The appointment of senior officers assigned to a disconcerned judicial branch shall take place after a reasoned opinion of the Attorney General to the Court of Territorially Competent Appeal.
Non-superior officers are appointed by the minister. The appointment of non-superior officers assigned to a disconcerned judicial branch shall take place after a reasoned opinion of the Attorney General to the Court of Appeal territorially competent.
Staff members of the level A administrative and logistical framework are appointed or engaged by the Minister.
Other staff members are appointed or engaged by the Director General of the Support and Management of the Federal Police or by the Director of the Service he designates. »
Art. 25. In section 110 of the Act, the words "of the decicent judicial service" are replaced by the words "judicial".
Art. 26. Section 120 of the Act is supplemented by the following paragraphs:
"Subject to the application of section 46, in the event of absence or incapacity, all competencies assigned by the laws and regulations, including in the area of selection and evaluation, shall be exercised by the substitutes designated by the holder in order of preference, in writing and in advance.
With respect to the Commissioner General, Directors General and Directors, Ministers of the Interior and Justice may jointly decide to reserve, in whole or in part, the possibilities referred to in paragraph 3. »
Art. 27. In section 143, paragraph 2, of the Act, the words "judicial services" are replaced by the words "disconcerned judicial branches".
Art. 28. In section 149, paragraph 3, of the Act, the words "for a term of five years renewable once" are deleted.
CHAPTER V. - Amendments to the Act of 13 May 1999 concerning the disciplinary status of police personnel
Art. 29. Section 24 of the Act of 13 May 1999 on the disciplinary status of police personnel, as amended by the Acts of 31 May 2001 and 26 April 2002, are amended as follows:
1° in paragraph 1^er, 1°, the words "a deconcentrated judicial service" are replaced by the words "a deconcentrated judicial direction";
2° in paragraph 2, the words "of the deconcentrated service" are replaced by the words "of the decicent direction or service of the federal police".
Art. 30. In section 60, paragraph 3, of the Act, the words "a deconcentrated judicial service" are replaced by the words "a deconcentrated judicial branch".
CHAPTER VI. - Amendment of the Act of 27 December 2000 on various provisions relating to the legal position of police personnel
Art. 31. The following amendments are made to section 28 of the Act of 27 December 2000 concerning the legal position of police personnel:
1° the words "of the direction and services quoted" are replaced by the words "of the directions quoted";
2° the words "deconcentrated judicial services" are replaced by the words "disconcerned judicial branches";
3° in the 1°, the words "deconcentrated judicial service referred to above" are replaced by the words "deconcentrated judicial direction referred to above".
CHAPTER VII. - Amendments to the Act of 26 April 2002 on essential elements of the status of police personnel and other provisions relating to police services
Art. 32. Section 65 of the Act of 26 April 2002 on the essential elements of the status of police personnel and other provisions relating to police services is replaced by the following provision:
"Art. 65. - The term is a designation for a renewable term of five years at one of the functions referred to in section 66. »
Art. 33. Section 66 of the Act is replaced by the following provision:
"Art. 66. - The following functions are conferred by mandate:
1st local police officer;
2nd Commissioner General;
3° Director General;
4° Director Administrative Coordinator;
5° judicial director;
6° Director at the police station or a general direction of the federal police;
7th Inspector General;
8th Deputy Inspector General.
The functions of Chief of the Local Police, Commissioner General, Director General of the Administrative Police, Director General of the Judicial Police, Director Administrative Coordinator and Director of the Judiciary are assigned only to operational staff.
The position of Director General of Support and Management is assigned to a staff member of the operational framework or administrative and logistical framework.
The functions of Inspector General and Deputy Inspector General are assigned to Belgian citizens who have or do not have the quality of a staff member.
Subject to paragraphs 2 and 3, the King shall determine whether the functions to be mandated shall be assigned to members of the operational and/or administrative and logistical framework. »
Art. 34. In section 67, 4°, of the same law, the words "the term of office of deputy director and" are deleted.
Art. 35. In section 71 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "For designation to a warrant" are replaced by the words "Subject to the application of section 66, for designation to a warrant";
2° in paragraph 1^er, 1°, the words "and oldness" are inserted between the words "age" and ", which are valid";
3° in paragraph 2, the words "deputies of Assistant Inspector General's and Deputy Director General's terms" are replaced by the words "deputies of Assistant Inspector General's term";
4° the article is supplemented by the following paragraph:
"The condition referred to in paragraph 1^er, 5°, is not an application to the holder of a term requesting the renewal of the term and which, in this context, obtains an assessment bearing the reference "good". »
Art. 36. Article 73, paragraph 1^er, from the same law, the words ", after performing a non-eliminary assessment center type test" are deleted.
Art. 37. In section 74 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "may be pursued or if it must be prematurely terminated. are replaced by the words "may, if any, be renewed or, if any, be terminated prematurely. »;
2° Paragraph 2 is deleted.
Art. 38. Section 76 of the Act is replaced by the following provision:
"Art. 76. - The assessment by the assessment board of the agent requesting the renewal of his or her mandate shall take place before the end of the five-year term. »
Art. 39. An article 76bis, as follows, is inserted in the same law:
"Art. 76bis. - The assessment board shall hear the agent who has requested the renewal of his or her mandate. It issues an assessment of "good", "satisfactory" or "sufficient".
The word "good" implies that the mandate can be renewed.
The statement "satisfactory" implies the vacancy announcement of the mandate. However, the agent concerned may apply.
When the assessment is referred to as "insufficient", it is terminated on the date fixed by the King, on a proposal, as the case may be, of the municipal or police council, or of the competent ministers. »
Art. 40. An article 76ter, as follows, is inserted in the same law:
"Art. 76ter. - There is no assessment during the warrant, unless an authority designated by the King requires it and as long as an element requires it. In this case, the assessment board shall hear the agent. It publishes an evaluation with the words "good", "good with remarks" or "sufficient".
The word "good" implies that the mandate can be continued.
The reference "good with remarks" implies that the agent is again appearing before the assessment board within the time it sets out in order to verify the extent to which he was given following the remarks. The mandate can be continued in case of a new "good" or "good with remarks". Paragraph 4 is applied in the event of a "sufficient" assessment.
When the assessment is referred to as "insufficient", it is terminated on the date fixed by the King, on a proposal, as the case may be, of the municipal or police council, or of the competent ministers. »
Art. 41. An article 76quater, as follows, is included in the same Act:
"Art. 76quater. - By derogation from section 57, the agent retains the last assessment given to him prior to his appointment to the following assessment given in accordance with Chapter VIII of Part II.
In this case, a new evaluation period begins on the day the mandate ends. »
Art. 42. In section 77 of the Act, the following amendments are made:
1° 2° is replaced by the following provision:
"2° on the day the term for which renewal is not sought is expired. »;
2° the 3° is deleted.
Art. 43. Section 78 of the Act is replaced by the following provision:
"Art. 78. - It is terminated if the staff member:
1° voluntarily terminates its mandate;
2° a, following its application for renewal, an assessment of "sufficient";
3° is designated for another term under section 107, paragraph 6, of the Act.
The same is true, if any, when the evaluation at the renewal is marked "satisfactory".
As long as it has not been decided to renew the mandate by the competent authority, the agent whose renewal of the mandate is reviewed remains designated to the authority. The elapsed time is, if applicable, charged to the next five-year period.
As long as the selection of the vacancy announcement is not closed, the representative whose assessment is "satisfactory" remains designated for his or her term of office. The elapsed time is, if applicable, charged to the next five-year period. »
Art. 44. Section 79 of the Act is replaced by the following provision:
"Art. 79. - The warrant may be terminated prematurely when the agent undergoes a disciplinary suspension or a heavier disciplinary penalty. This action is taken after the interested party has been heard. »
Art. 45. Article 79bis, as follows, is inserted in the same law.
"Art. 79bis. § 1^er. The local police officer who is no longer in office following a restructuring is reassigned by the mayor or police college to a job that corresponds to his qualifications.
The agent of the federal police who no longer has a mandate as a result of a restructuring is reassigned by the Minister of the Interior to a job that corresponds to his qualifications. The reassignment of an agent of the general management of the judicial police shall take place on the advice of the Minister of Justice.
§ 2. As of the end of the mandate period and for a period up to the end of the abolished mandate, the agent concerned has the statutory choice between maintaining his or her financial legal position related to the exercise of the abolished mandate function and that of his or her new function. »
Art. 46. An article 137bis, as follows, is inserted in the same law:
"Art. 137bis. - The King may coordinate and align the existing legislation relating to the legal position of police personnel by making the amendments recommended for a formal simplification, without prejudice to the principles set out in these provisions.
The Coordination Order will be the subject of a bill of ratification to be submitted to the Legislative Chambers during the session, if they are met, otherwise at the beginning of their next session. »
Art. 47. Section 137ter, as follows, is inserted in the same Act:
"Art. 137ter. - With the exception of section 76 and without prejudice to paragraph 2, the procedures for the assessment and renewal of agents that are in progress on the day this section comes into force shall be continued in accordance with the provisions applicable on the day before this entry into force.
The Commissioner General, the Deputy Directors General and Directors General of the Federal Police who requested the renewal of their mandate function, maintain their mandate until the new structures of the federal police have been established. At that time, a possible extension of their terms of reference for a new five-year term depends on the result of the renewal procedure reached at that time. »
CHAPTER VIII. - Amendments to the Code of Criminal Investigation
Art. 48. In article 47ter, § 2, paragraph 4, of the Code of Criminal Investigation, as amended by the law of 6 January 2003, the words "deconcentrated, targeted judicial service" are replaced by the words "deconcentrated judicial direction".
Art. 49. The following amendments are made to section 47decies of the same Code:
1° in § 3, paragraph 1^er, the words "deconcentrated judicial service" are replaced by the words "deconcentrated judicial direction";
2° in § 3, paragraph 1^er, the words "of the deconcentrated judicial service" are replaced by the words "of the deconcentrated judicial branch";
3° in § 5, paragraph 1^er, the words "of the deconcentrated judicial service" are replaced by the words "of the deconcentrated judicial branch".
Art. 50. In section 103 of the same Code, inserted by the law of 7 July 2002, the following amendments are made:
1° to § 1^er, paragraph 2, the words "Director General of Operational Support" are replaced by the words "Director of Special Units";
2° to § 3, paragraph 2, the words "Operational Support Branch" are replaced by the words "Special Units Directorate".
CHAPTER IX. - Amendment to Part XII of the Royal Decree of 30 March 2001 on the legal position of police personnel, confirmed by the law of 30 December 2001
Art. 51. In Article XII.VII.27bis, PJPol, as incorporated by the Act of 3 July 2005, the words "VII.III.3" are replaced by the words "66 of the Act of 26 April 2002".
CHAPTER X. - Final provisions
Art. 52. As long as a Director General of the Federal Police in charge of support and management has not been designated, the staff members referred to in section 108bis, paragraph 4, of the Act of 7 December 1998 organizing an integrated, two-tiered police service are appointed or engaged by the Director General of Human Resources of the Federal Police or the Director of the Service that he designates.
Art. 53. Section 45 of the Act of 3 July 2005 amending certain aspects of the status of police personnel and other provisions relating to police services is repealed.
Art. 54. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of Articles 3 to 7, 13 to 22, 25, 27, 29 to 31, 48 to 50 which come into force on the date fixed by the King.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 June 2006.
ALBERT
By the King:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
Session 2005-2006.
House of Representatives:
Parliamentary documents. - Bill No. 51-2332/1. Amendments No. 51-2332/2. - Report No. 51-2332/3. - Text adopted by Commission No. 51-2332/4.
Full report: 11 May 2006.
Senat:
Parliamentary document. - Project not referred to by the Senate 3-1710/1.