13 DECEMBER 2005. - An Act to amend sections 81, 104, 569, 578, 580, 583, 1395 of the Judicial Code (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. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Provisions amending the Judicial Code
Art. 2. Section 81 of the Judicial Code, as amended by the Act of 20 December 2002, is amended as follows:
1° to paragraph 1^er, the words "two rooms" are replaced by the words "three rooms";
2° the following paragraph is inserted between paragraphs 1^er and 2:
"One of them, at least competent for disputes relating to the matter referred to in Article 578, 14°, is composed of a judge in the Labour Court. »;
3° to paragraph 2, which becomes paragraph 3, the words "Each of them is presided by a judge in the Labour Court and composed" are replaced by the words "The other chambers are presided by a judge in the Labour Court and are composed".
Art. 3. Section 104 of the same Code, as amended by the Act of 20 December 2002, is supplemented by the following paragraph:
"By derogation from paragraph 1^er, the chambers that are familiar with the appeal of a decision on the matter provided for in section 578, 14°, are composed of an adviser to the Labour Court. »
Art. 4. Article 569, paragraph 1^erthe same Code, as amended by the Acts of 20 May 1975, 11 April 1989, 10 January 1990, 13 June 1991, 10 August 1998, 28 February 1999, 23 March 1999, 22 April 1999, 1^er March 2000, 27 March 2001 and 13 February 2003 and the Royal Decree of 20 July 2000, are amended as follows:
1st to 9th, the words "in the sense of the law of June 23, 1894 revising the law of April 3, 1851 on mutualist societies" are inserted between the words " mutualist societies" and the words ", not-for-profit associations";
2° the paragraph is completed as follows:
"34° requests for the revocation of directors, the dissolution and liquidation of national mutuality, mutuality and mutuality unions within the meaning of the Act of 6 August 1990 on mutuality and national mutuality unions. »
Art. 5. In section 578 of the same Code, as amended by the Act of 25 February 2003, the following amendments are made:
1° the article is completed as follows:
"14° of requests for collective debt settlement; »;
2° the provision under the second 9°, inserted by the law of 13 February 1998, becomes the 15°;
3° the provision under the second 10°, inserted by the law of 28 January 2003, becomes the 16°.
Art. 6. Section 579 of the same Code, replaced by the Act of 24 June 1969 and amended by the Act of 16 August 1971, is supplemented as follows:
"5° of claims for damages resulting from a fact described in 1°, based on a common law policy with the National Employment Office for the benefit of trainees in vocational training. »
Art. 7. Section 580, 6°, of the same Code, as amended by the Act of 12 May 1971, is supplemented as follows:
“(d) the Act of 6 August 1990 on mutuality and national mutuality unions; "
Art. 8. Section 583 of the same Code, as amended by the Acts of 30 June 1971, 25 January 1985, 13 February 1998 and 25 January 1999, and Royal Decree No. 443 of 14 August 1986, is supplemented by the following paragraph:
"The Labour Court is facing disputes over the award of administrative fines under the Act of 6 August 1990 on mutuality and national mutuality unions. »
Art. 9. In article 1395 of the same Code, as amended by the law of July 5, 1998, the words ", to the collective settlement of debts" are deleted.
CHAPTER III. - Entry into force
Art. 10. Sections 2, 3, 5, 1 and 9 of this Act come into force on a date to be determined by the King by royal decree deliberated in the Council of Ministers, and no later than 1^er September 2007.
By derogation from Article 3 of the Judiciary Code, appeals of decisions made by judges of seizures validly seized before the entry into force of the provisions referred to in paragraph 1^er, subject to their entry into force, are brought before the appeal courses.
Except for the causes taken in deliberation, those that, after the entry into force of the provisions referred to in paragraph 1^er, shall remain pending before the judge of the seizures, shall be exempted from his jurisdiction and shall, at no cost, be registered to the general role of the labour courts at a date to be determined by the King by royal decree deliberated in the Council of Ministers, no later than one year after the entry into force of the provisions referred to in paragraph 1^erand no later than 1^er September 2008.
Given in Brussels on 13 December 2005.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Minister of Budget
Ms. F. VAN DEN BOSSCHE
Minister of Economy, Energy, Foreign Trade
and the Science Policy,
Mr. VERWILGHEN
Minister of Social Affairs and Public Health,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
Minister of Pensions,
B. TOBBACK
Minister of Employment,
P. VANVELTHOVEN
The Secretary of State for Sustainable Development,
Ms. E. VAN WEERT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2003-2004.
House of Representatives.
Documents. - Bill, 51-1310, No. 1.
Session 2004-2005.
House of Representatives.
Documents. - Amendments, 51-1310 - No.^s 2 to 5. - Report, 51-1310, No. 6. - Text adopted by the commission, 51-1310, No. 7. - Amendment, 51-1310, No. 8. - Text adopted in plenary and transmitted to the Senate, 51-1310, No. 9.
Report integral. - 26 May 2005
Senate.
Documents. - Project transmitted by the House of Representatives, 3-1210, No. 1. - Amendments, 3-1210, No. 2.
Session 2005-2006.
Senate.
Documents. - Report, 3-1210 - Number 3. - Text adopted in plenary and subject to Royal Assent, 3-1210 - No. 4.
Annales. - 20-27 October 2005.