22 DECEMBER 2003. - Act respecting various provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted in We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART II. - Amendments to the Judicial Code
CHAPTER 1^er. - Amendment of Article 80 of the Judicial Code
Art. 2. In section 80, paragraph 2, of the Judicial Code, replaced by the Act of 22 December 1998, the words "for a term of up to one year" are replaced by the words "for a term of up to two years".
Art. 3. The total duration of the appointments of an effective judge to the specific mandates referred to in section 80 of the Judicial Code, which is currently in effect at the time of this Act, shall not exceed six years.
CHAPTER 2. - Amendment of articles 156 ter and 206 ter
Judicial Code
Art. 4. In article 156ter, paragraph 3, of the same Code, inserted by the law of 24 March 1999, the words "25 %" are replaced by the words "35 %" and this paragraph is supplemented in fine by the words ", without prejudice to section 286 in budgetary means. ".
Art. 5. In section 206ter, paragraph 1^er, of the same Code, inserted by the law of March 24, 1999, the words ", and this after notice of the general assembly concerned," are deleted.
CHAPTER 3. - Amendment of Article 191 of the Judiciary Code
Art. 6. Section 191 of the same Code, repealed by the Act of 3 May 2003, is reinstated in the following wording:
"Art. 191. In order to be appointed a judge or a judge of supplement in accordance with section 190, a member of the Public Prosecutor's Office who has conducted the internship under section 259octies, § 3, must have served as a judge of the Public Prosecutor's Office for at least five years. "
Art. 7. Article 6 applies only to the employment holiday published in the Belgian Monitor after the entry into force of this article.
CHAPTER 4. - Amendments to Articles 202 and 204
Judicial Code
Art. 8. In section 202 of the same Code, as amended by the Act of 6 May 1982, paragraph 3 is repealed.
Art. 9. In section 204 of the same Code, as amended by the Act of 6 May 1982, paragraph 2 is repealed.
CHAPTER 5. - Amendment of Article 216 bis
Judicial Code
Art. 10. Section 216bis, paragraph 2, of the same Code, inserted by the Act of 3 May 2003, is supplemented as follows:
"It also does not apply to the supplemental judge, to the deputy of the King's Prosecutor of Supplement and to the deputy of the auditor of the complementary work who passed a linguistic examination under the Act of 15 June 1935 concerning the use of languages in judicial matters, and who is a candidate for a new position in the jurisdiction in which he exercises his powers. "
CHAPTER 6. - Amendment of Article 259 octies
Judicial Code
Art. 11. Article 259octies, § 6, last paragraph, of the same Code, inserted by the law of 22 December 1998, is supplemented as follows:
"During these periods, the trainee may exercise a plea. "
CHAPTER 7. - Amendment of Article 287 of the Judicial Code
Art. 12. In section 287 of the Code, replaced by the Act of 18 July 1991 and amended by the Acts of 17 February 1997, 22 December 1998, 12 April 1999 and 3 May 2003, the following amendments are made:
(1) in paragraph 2, item (c) is deleted;
(2) between the third and fourth paragraph, the following paragraph shall be inserted:
"The management plan, referred to in section 259quater, paragraph 2, paragraph 3, shall, under penalty of loss, be sent in two copies, by registered mail, to the Minister of Justice within sixty days from the publication of the vacancy to the Belgian Monitor. "
Art. 13. Article 12 is applicable only to the employment holiday published in the Belgian Monitor after the entry into force of this article.
CHAPTER 8. - Amendment of Article 316 of the Judicial Code
Art. 14. Section 316, paragraph 2, of the same Code, as amended by the Act of 17 July 1984, is supplemented as follows:
"It can be adapted if the needs of the service justify it. "
CHAPTER 9. - Amendments to Articles 340 and 346
Judicial Code
Art. 15. In Article 340, § 3, of the same Code, replaced by the Act of 22 December 1998, and amended by the Act of 3 May 2003, the following amendments are made:
1) in paragraph 1^er, words "1^er March" and "April 30" are replaced respectively by the words "1^er April" and May 31";
(2) Paragraphs 4 and 5 are replaced as follows:
"These include the following points related to the previous calendar year:
(a) the evolution of executives and staff;
(b) logistics;
(c) organization;
(d) structures for consultation;
(e) Statistics;
(f) the evolution of pending cases;
(g) the evolution of the workload;
h) the evolution of the judicial backlog. "
Art. 16. In article 346, § 2, 2°, of the same Code, amended by the law of 3 May 2003, the words "1^er March" and "April 30" are replaced respectively by the words "1^er April and May 31.
CHAPTER 10. - Amendment of Article 390 of the Judicial Code
Art. 17. In article 390 of the same Code, replaced by the law of 22 December 1998 and amended by the laws of 17 July 2000 and 3 May 2003, the words "of articles 383, § 2, and" are replaced by the words "of the article".
CHAPTER 11. - Amendments to Articles 497,
498, 501, 502 and 505 of the Judicial Code
Art. 18. Section 497 of the same Code, replaced by the Act of 4 July 2001, is replaced by the following provision:
"Art. 497. The regulations referred to in Article 496 are published in the Belgian Monitor as soon as they have been adopted in accordance with the rules in force. "
Art. 19. In section 498 of the same Code, replaced by the Act of July 4, 2001, the words "shall" are replaced by the words "applies".
Art. 20. Article 501 of the same Code, annulled by the decision of the Court of Arbitration No. 16/2003 of 28 January 2003, is replaced by the following provision:
"Art. 501. § 1^er. The appeal under Article 611 shall be filed within three months of the publication referred to in Article 497 by the Attorney General near the Court of Cassation.
He is notified to the Order of the French and German-speaking Bars and to the "Orde van Vlaamse Balies".
The same appeal may also be filed within the time limit provided for in paragraph 1^er, by a lawyer of the Order of the French-speaking and German-speaking Bars or the "Orde van Vlaamse Balies" or by any person who has quality and interest in acting within the meaning of articles 17 and 18. In this case, the appeal is filed by request, addressed by registered fold to the post at the Registry of the Court of Cassation or filed at the Registry. In the event of nullity, the application contains the statement of means and is signed by a lawyer at the Court of Cassation. The appeal is previously notified by registered fold to the Order of the French-speaking and German-speaking Bars and the "Orde van Vlaamse Balies". Proof of this notification is, barely invalid, attached to the request.
§ 2. During the period specified in § 1^er and, if the Attorney General closes to the Court of Cassation introduces the remedy provided for in Article 611, until the judgment is pronounced, the application of a regulation and the time limit for the filing of the appeal referred to in Article 502, § 1^erParagraph 1^er, are suspended.
§ 3. When the appeal is referred to in § 1^er, is introduced, the Order of the French-speaking and German-speaking Bars and the "Orde van Vlaamse Balies" may intervene in the proceedings by request, in accordance with Article 813. This intervention must be made within two months of the notification referred to in § 1^erParagraph 2 or 3.
In this case, the Order of the French-speaking and German-speaking Bars and the "Orde van Vlaamse Balies" can raise new ways taken from the leader of excess power, the infringement of laws or the irregular adoption of the disputed regulation. » .
Art. 21. Article 502 of the same Code, annulled by the decision of the Court of Arbitration No. 16/2003 of 28 January 2003, is replaced by the following provision:
"Art. 502. § 1^er. Without prejudice to the mandatory prior consultation provided for in section 505, the Order of the French-speaking and German-speaking Bars and the "Orde van Vlaamse Balies" may appeal against all the regulations adopted under section 496, before an Arbitral Tribunal composed of seven members, of which three members are appointed, for a period of two years, by the Order of the French-speaking and German-speaking Bars, and three members, They mean, by mutual agreement, a seventh member who serves as the chair. In the absence of an agreement, the arbitral tribunal is presided over by the previous Bar Association of Lawyers to the Court of Cassation or its predecessor, when it is prevented.
If an arbitrator is to be replaced, his successor shall be appointed only to complete the original term.
May be an arbitrator, a lawyer who has at least fifteen years of bar, or who has been a sticker or a member for at least three years of the Bar Council, or a member of the Council of the Order of Lawyers to the Court of Cassation. Arbitrators may not have participated in the development of the contested decision.
§ 2. The remedy provided for in § 1^er, may be trained against any regulation that:
- would be in excess of power, would be contrary to laws or would have been irregularly adopted;
- would jeopardize the preservation of the honour of the Order of Lawyers and the maintenance of the principles of dignity, probity and delicacy that make the basis of the profession of attorney, as defined by article 456, paragraph 1^erand international rules of ethics.
If the remedy provided for in Article 611 is exercised, the arbitral tribunal shall not be aware of any means taken from the leader of excess power, infringement of the laws or irregular adoption of the disputed regulation.
§ 3. The arbitral tribunal shall decide first and last. It cannot cancel, in whole or in part, a disputed settlement as long as five members decide in favour of the cancellation; a minority note may be attached to the arbitral award.
§ 4. For anything that is not expressly regulated by this book, the provisions of Part VI of this Code are applied by analogy to the procedure.
§ 5. The appeal is served on the Attorney General near the Court of Cassation and the other Order. "
Art. 22. In section 505, paragraph 1^er, of the same Code, replaced by the Act of 4 July 2001, the words "within two months from the notification provided for in section 497" are replaced by the words "within three months from the publication provided for in section 497".
Art. 23. Sections 18 to 22 apply to regulations that the Order of the French-speaking and German-speaking Bars or the "Orde van Vlaamse Balies" adopt in accordance with section 496 of the same Code after this Act comes into force.
CHAPTER 12. - Amendment of the Judicial Code and the Act of 7 July 2002 amending Part Two, Book II, Title V of the Judicial Code on Disciplinary and bringing the Act of 7 May 1999 amending the Judicial Code with respect to the disciplinary regime applicable to members of the Judicial Order
Art. 24. In section 409 of the Judicial Code, as amended by the Act of 7 July 2002, the following amendments are made:
(1) in § 3, paragraph 3, the words "and their substitutes shall be replaced by the words "as an effective or alternate member shall be designated for 4 years";
(2) § 3, paragraph 5, shall be replaced as follows:
"The magistrates justifying the knowledge of the German language elected in accordance with paragraph 1^er which have not been designated by lot as actual or alternate members shall be taken up in a reservation for the application of § 5, paragraph 1^er.
(3) in § 4, the following paragraph shall be inserted between paragraph 2 and paragraph 3:
"An effective or alternate member who, prior to the seizure of the National Disciplinary Council, has been required to issue a notice concerning the person whose file has been forwarded to the National Disciplinary Council, either in the current disciplinary procedure or in the course of a procedure provided for in this Code as part of an assessment. "
Art. 25. In section 35 of the Act of 7 July 2002 amending Part Two, Book II, Title V of the Judicial Code on Discipline and referring the Act of 7 May 1999 amending the Judicial Code with respect to the disciplinary regime applicable to members of the Judicial Order, the words "18 months" are replaced by the words "30 months".
PART III. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 26. Section 55 of the Act, repealed by the Act of 15 July 1996, is reinstated in the following wording:
"Art. 55. § 1^er. The declaration or application referred to in sections 50, 50bis and 51, made by a foreigner who has been authorized to stay for an unlimited period of time, shall be declared ex officio when it is still examined by the Minister or his delegate, by the Commissioner-General for Refugees and Stateless Persons or by the Permanent Refugee Appeals Board, unless the foreigner requests within sixty days from the date of entry into force of this provision or from
§ 2. The Council of State shall declare without object the appeal against a decision made following a declaration or application made on the basis of articles 50, 50 bis or 51, when the applicant has been authorized to stay indefinitely, provided that he has not requested the continuation of the proceedings within the time limit provided for in § 1^er.
§ 3. The foreigner whose application has been declared not applicable under § 1^er, may only be removed from the territory in accordance with Articles 20 and 21 on the advice of the Commissioner-General for Refugees and Stateless Persons on the conformity of the removal measure to article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950. "
Art. 27. In section 65 of the Act, the following amendments are made:
1st paragraph 1^er becomes § 1^er;
2° it is added a § 2, written as follows:
“§2. The Minister or his or her delegate declares the application for an irreceivable review when it is filed beyond the time limit set out in § 1^er or against a decision other than those provided for in sections 44, 44 bis and 64. "
Art. 28. Section 69, paragraph 3, of the Act, replaced by the Act of 10 July 1996, is replaced by the following provision:
"In this case, the review of the annulment appeal is suspended until the Minister or his delegate has ruled on the admissibility of the application. "
Promulgate this law, order that it be coated with the Seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 December 2003.
ALBERT
By the King:
For the Prime Minister, absent:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
The Minister of Justice,
Ms. L. ONKELINX
The Minister of the Interior,
P. DEWAEL
Seal of the State Seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) House of Representatives.
Parliamentary documents:
DOC 51 0474 / (2003/2004):
001: Bill.
002 to 003: Amendments.
004: Text adopted by the Committees.
005: Amendments.
006 and 007: Reports.
008: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians.
Full report: 10, 11 and 12 December 2003.
Senate.
Parliamentary documents.
3-425 - 2003/2004:
No. 1: Project transmitted by the House of Representatives.
No. 2: Amendments.
n^bones 3 and 4: Reports.
No. 5: Amendments.
No. 6: Text adopted in plenary and subject to Royal Assent.
Annales parliamentarians.
Annales of the Senate: December 18 and 19, 2003.