An Act To Amend Certain Provisions Of The Second Part Of The Judicial Code (1)

Original Language Title: Loi modifiant certaines dispositions de la deuxième partie du Code judiciaire (1)

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Posted the: 2003-06-02 Numac: 2003009444 SERVICE PUBLIC FÉDÉRAL JUSTICE may 3, 2003. -Act to amend certain provisions of the second part of the Code of judicial procedure (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. article 86bis, paragraph 4, of the Judicial Code inserted by the Act of 10 February 1998, is hereby amended as follows: 'the first president of the Court of appeal or, where applicable, the first President of the Labour Court, informed immediately the Minister of Justice of any modification of the allocation of additional judges.'
S. 3. in article 106A, paragraph 1, of the same Code, inserted by the Act of 9 July 1997 and amended by the law of December 22, 1998, 'the first president reports referred to article 112, paragraph 1' shall be replaced by the words "the interim reports referred to in article 340 § 3.
S. 4. article 112, paragraph 1, of the same Code, replaced by the law of December 22, 1998, is repealed.
S. 5. in article 151, paragraph 1, of the same Code, replaced by the law of December 22, 1998, a comma is inserted between the words "Supplement" and "delegates".
S. 6. article 157 of the same Code, replaced by the law of 17 February 1997, is supplemented by the following paragraph: "he is assisted by registrars and Deputy Registrars.
» Art. 7. at article 158 of the same Code, amended by the law of 17 February 1997, paragraphs 1 and 2 are repealed.
S. 8. article 177 of the same Code, as amended by the law of 17 February 1997 and 20 May 1997, is replaced by the following provision: «art.» 177. There may be in the registry of the justices of peace and the courts to police editors and employees appointed by the Minister of Justice.
Their number is determined by the King. » Art.
9. article 185, paragraph 3, of the same Code, inserted by the law of 17 February 1997, is supplemented as follows: "To be engaged by contract of employment, individuals must be conduct meets the requirements of the service and enjoy civil and political rights."
S. 10A article 190 of the Code, replaced by the law of 18 July 1991 and amended by the acts of 1 December 1994, may 6, 1997, 10 February 1998, December 22, 1998, 23 and 24 March 1999 and 15 June 2001 the following changes are made: 1 ° in § 2, 2 °, the words "the functions of the public Department magistrate or those of judge or" shall be inserted between the words "exercised" and "functions";
2 ° to § 2, 3 °, the words "the functions of the public Department magistrate or those of judge or" shall be deleted;
3 ° it is inserted a § 2B, as follows: "§ 2B.» With respect to the candidate to the office of judge in a room tax of a Court of first instance, carrying a diploma attesting to a specialized training in tax law, issued by a Belgian university or a non-university higher education institution referred to in article 357, § 1, paragraph 2, the period provided for in § 2, paragraph 1, 3 °, is reduced to ten years. » Art. 11. article 191 of the Code inserted by the Act of 1 December 1994, amended by the Act of 10 February 1998 and renumbered by the law of December 22, 1998, is repealed.
S. 12. article 207, § 3, 2 ° of the Code, replaced by the law of December 22, 1998, is replaced by the following paragraph: "2 ° or, have passed the examination of professional competence provided for in article 259a-9, § 1, and the practice of law for at least 15 years without interruption, or after at least fifteen years of cumulative experience as lawyer and member of the sitting magistrates or the Crown;
S.
13. There shall be inserted in Title VI of the 1st book of the second part of the Code chapter IIIbis, worded as follows: 'chapter IIIbis. -Provision common to chapters I to III art. 216bis. A candidate named to a function referred to in article 58bis, 1 ° may, within the period of three years following the publication of the Decree of appointment to the Moniteur belge, apply for an appointment to another function referred to in article 58bis, 1 °, or the same function in or near another jurisdiction.
This provision does not apply to alternate judges. » Art. 14 article 259a-9, § 2, paragraph 2, of the same Code, inserted by the law of December 22, 1998, is supplemented as follows: "He determines the terms and duration of the appointment."
S. 15. article 259a-10, § 2, paragraph 1, of the same Code, inserted by the law of December 22, 1998, is completed as follows: each nominating committee may involve external experts to assist the subcommittees in the preparation of the referred examinations to the § 1, 2 °, and in the preparation of the tests. These experts are in no way part of the subcommissions and cannot participate in the deliberations. » Art.
16. article 259a-17, § 2, of the same Code inserted by the law of December 22, 1998, is repealed.
S.
17. in article 259a-19 of the same Code, inserted by the law of December 22, 1998, it is inserted in the § 2A, as follows: "§ 2A.» When, in the exercise of its tasks, the Board of Governors considers that one of its members belonging to the judiciary, a magistrate, a member of grafts and the secretariats of the parquet, a member of the staff of the registries and secretariats of the Prosecutor's office or an author of the opinion referred to in articles 259ter, § 1, and 259quater, § 1, loss of the duties of his office or even refuses to collaborate the Board of Governors shall inform, as appropriate, disciplinary authorities asking them to consider whether it is appropriate to initiate disciplinary proceedings. It shall simultaneously inform the Minister of Justice.
When the Board of Governors made the same finding about its other members, it shall simultaneously inform the president of the Senate.
The disciplinary authorities inform the Superior Council of justified way of suites that are reserved. » Art. 18 in article 259ter of the Code, replaced by the law of December 22, 1998 and amended by the law of June 21, 2001, the following changes are made: 1 ° to the § 1, paragraph 1, the words ', using a form type established by the Minister of Justice, on the proposal of the High Council of Justice,' shall be inserted between the words «the written reasoned opinion» and «» ': 1 ° the head of body ';
2 ° to the § 1, paragraph 1, 2 °, the first sentence is supplemented by the words ', referendum or legal prosecution or judicial intern;';
3 ° the § 1, paragraph 3, is replaced by the following provision: 'In the case where the heads of bodies referred to in paragraph 1, for whatever reason, unable to issue a notice, the notice referred to in paragraph 1, 1 ° and 2 °, is given by the magistrate referred to in article 319, paragraph 2.';
4 ° the § 1 is supplemented by the following paragraphs: "if candidate is University Professor, the Minister of Justice requests in accordance with the provisions of § 1, paragraph 1, the opinion of the Dean and Rector or one of them when the candidate himself Dean or Rector.".
The persons referred to in this paragraph shall refrain from an opinion whenever there is an interest personal or otherwise. They cannot include an opinion on relatives or allies up to the fourth degree or people with whom they constitute a de facto household. In these cases, the notice referred to in paragraph 1, 1 ° and 2 °, is issued by the magistrate referred to in article 319, paragraph 2. If it, for the above reasons, cannot issue a notice, the notice is issued by the commanding officer of the immediately superior court or to the Court of cassation, by the General Assembly.
»;
5 ° to § 2, paragraph 1, the words 'within the same period' shall be inserted between the words "communicated" and "candidate";
6 ° to the § 2, paragraph 2, the words "in the absence of opinion within the period prescribed," are replaced by the words "without prejudice to the application of article 259a-19, § 2A, in the absence of notice within the prescribed period or in the absence of use of the standard form ';
7 ° § 2, last subparagraph is replaced by the following provision: "(the nomination dossier consists, as the case may be, only the following documents: a) the application and all supporting documents concerning the education and professional experience;
(b) the curriculum vitae;
c) written opinions referred to the § 1 and, where appropriate, the observations of the candidate;
(d) reports on the judicial internship);
(e) the final words in the EIA documentation);
f) documents certifying the notification of the notice to the candidate. »;
8 ° in § 4, paragraph 2, the words "and the college of Prosecutors General referred to in article 259sexies, § 1" shall be inserted between the words "referred to in § 3" and "this time".
9 ° in § 4, paragraph 3, second sentence, the words "can apply not earlier than six months before the end of the judicial internship and they" shall be inserted between the words 'Judicial trainees' and 'must '.
10 ° in § 4, paragraph 4, the words "or the college of Prosecutors General referred to in article 259sexies, § 1" shall be inserted between the words "referred to in § 3" and "this time".
11 ° in § 4, the following paragraphs shall be inserted between paragraphs 4 and 5: "the Nominating Committee may decide ex officio to hear all the candidates.
The Nominating Committee invites candidates by registered letter to the post by mentioning the place where and the date and time to which they must attend.
Interview with each candidate is the subject of a detailed report.

These minutes shall be signed by the candidate and then joined the nomination dossier.
The candidate who does not attend on the day and time indicated by the Nominating Committee is deemed, except in the case of force majeure give up the opportunity to be heard. Cases of force majeure, which is appreciated sovereignly by the Nominating Committee, the candidate is again summoned insofar as the period within which the Nominating Committee to make the presentation is not undermined. »;
12 ° § 4, paragraph 8, which becomes article 12 is supplemented as follows: «as well as the head of the vacancy and the head of this candidate ";
13 ° in § 4, the following paragraph is inserted between paragraph 8, which becomes article 12, and article 9, which becomes paragraph 14: "If no format is communicated within the prescribed period, the Minister of Justice may, from the 40th day and until the fifty-fifth day following the request, setting remains the commission's appointment by registered letter to the post to make a presentation. The Nominating Committee has for a period of fifteen days from the sent remains to still make a presentation. »;
14 ° to § 4, last paragraph, the words "or within the time extended as a result of the formal notice" shall be inserted between the words "prescribed period" and «, the Minister»;»
15 ° to § 5, 1st paragraph is supplemented as follows: 'and by simple letter to the commanding officer of the Court or the public prosecutor near the Court where scheduled the appointment to the head of the candidate. A copy of the reasoned decision is communicated by simple letter to the Nominating Committee and the Attorney general of the place where the oath must be lent. »;
16 ° to § 5, paragraph 2 is supplemented as follows: "the reasoned refusal decision is communicated by registered letter at the post office or acknowledgement of receipt to the Nominating Committee and this candidate. The commanding officer of the Court or public prosecutor near the Court where scheduled the appointment, the head of this candidate and the other candidates are informed of the refusal decision by simple letter. » Art. 19A article 259quater, of the same Code replaced by Act of 22 December 1998 and amended by the law of June 21, 2001, the following changes are made: 1 ° in § 2, paragraph 1, 1 °, the words ', still in function, ' shall be inserted between the words "outgoing" and "jurisdiction";
2 ° in § 2, paragraph 2, the words "article 259ter, § 1, paragraph 2 and 3" are replaced by the words "article 259ter, § 1, paragraph 2 to 5 ';
3 ° § 2, last paragraph, is replaced by the following provision: "(the folder for the appointment of a Chief of corps consists exclusively of the following documents: a) the application and all supporting documents concerning the education and professional experience;
(b) the curriculum vitae;
c) written opinions referred paragraph 1 and, where appropriate, the observations of the candidate;
(d) the management of the candidate plan);
e) mention definitely in the EIA documentation;
f) documents certifying the notification of the notice to the candidate. »;
4 ° § 3, paragraph 1, is completed as follows: "If the General Assembly does not reach the necessary quorum because too many members of the Court of appeal or the Court of the work concerned are candidates for the position of commanding officer of this Court, the opinion referred to in article 259ter, § 3, is given by the first president of the Court of cassation.";
5 ° § 3, paragraph 2, 3 °, is replaced by the following provision: «3 ° at the time when the term opens effectively, the candidate must be at least six years of the age limit referred to in article 383, § 1; ";
6 ° § 3, paragraph 2, is hereby amended as follows: "4 ° the Nominating Committee refers all candidates a mandate to head body";
7 ° to § 6, paragraph 2 is replaced as follows: "If the mandate of the first president of the Court of cassation, Attorney general at the Court of cassation, federal prosecutor, first President of the Court of appeal of Brussels, Attorney general at the Court of appeal of Brussels, first President of the Court work in Brussels, President of the Court of first instance of Brussels. of the Labour Court of Brussels and the tribunal de commerce of Brussels and Prosecutor at the Court of first isntance of Brussels, becomes prematurely vacant, there is no application of article 287 so far at the moment where the mandate becomes vacant, the normal mandate expiration date is far from at least two years.
If this period is less than two years, the mandate is completed by the replacement referred to in article 319.
In the case of an appeal to the candidates in accordance with paragraph 2, may only apply under penalty of forfeiture, those who meet the same language requirements as the head of body whose mandate ends prematurely.
The term of office of he who is appointed as head of body in accordance with paragraph (2), is, by way of derogation to the § 1, limited to the remainder of the term to expire prematurely.
8 ° article is supplemented by the following paragraph: "§ § 7 7» The commanding officer may make available advance its mandate by registered letter at the post office or against acknowledgement of receipt. However, the mandate is terminated only after nine months from the receipt of the provision. On the reasoned request of the head of concerned bodies, the King can reduce this time.
Without prejudice to § 6, the provisions of §§ 4 and 5 shall apply to the Chief of corps which provides advance its mandate, with the exception of the provisions of § 4 relating to the treatment and increases and benefits y related.
The Chief of corps which provides advance its mandate can no longer apply for reappointment of commanding officer for a period of two years from the moment when he actually stopped its mandate. » Art. 20 article 259sexies, § 2, of the same Code, inserted by the law of December 22, 1998 and amended by the law of June 21, 2001, the last subparagraph is replaced by the following provision: "the Crown prosecutors who are designated federal magistrate, may be replaced by way of an appointment and, where applicable, for a designation in excess."
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21A article 259octies, § 6 of the same Code, inserted by the law of December 22, 1998, the following subparagraph is inserted between paragraphs 4 and 5: "the two paragraphs that precede shall not apply leave related to the maternity protection referred to in article 39 of the Act of 16 March 1971 on work, which shall be treated as internship periods."
S. 22. in article 259nonies, of the same Code, inserted by the law of December 22, 1998 and amended by the Act of March 13, 2001, the following changes are made: 1 ° to paragraph 7, the words 'and send a copy to the Minister of Justice' shall be deleted;
2 ° in paragraph 8, the word 'information' is replaced by the words "final terms".
S. 23. article 259decies, § 1, of the same Code, inserted by the law of December 22, 1998, is hereby amended as follows: ' early assessment provided for in article 259nonies, paragraph 2 does not affect the time in which the assessment must normally take place..
S. 24. article 259undecies, § 2, paragraph 1, of the same Code, inserted by the law of December 22, 1998, is supplemented as follows: ' the commanding officer transmits to the Service federal public Justice order establishing the extension or termination of the mandate.»
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25A article 287 of the Code, replaced by the law of 18 July 1991 and amended by the laws of the February 17, 1997, December 22, 1998 and April 12, 1999, the following changes are made: 1 ° 1st paragraph, the second sentence is deleted;
2 ° the following subparagraphs are inserted between paragraphs 1 and 2: "(any candidature for appointment or designation of head of body in the judiciary must, on pain of forfeiture, be accompanied by: a) all supporting documents concerning the education and professional experience;
(b) a curriculum vitae written in accordance with a form type established by the Minister of Justice on the proposal of the High Council of Justice;
c) of the management plan in the case of a candidate for a role of commanding officer.
The documents mentioned in the preceding paragraph shall be communicated in duplicate. » Art. 26. article 290 of the same Code, replaced by the law of December 22, 1998, is replaced by the following provision: «art.» 290. If at the time of the publication of the appointment or designation in the Moniteur belge square is unoccupied, swearing should intervene in the months following publication; otherwise, the appointment or designation may be considered as non-avenue.
If at the time of the publication of the appointment or designation in the Moniteur belge square is occupied, oath must intervene within the time limit of one month from the moment the place is actually released; otherwise, the appointment or designation may be considered as non-avenue.
From the day of oath, the person concerned shall bear the corresponding quality of magistrate. » Art.
27A article 300 of the same Code, as amended by the Act of 9 July 1997, paragraph 2 is supplemented as follows: "4 ° for the exercise of the profession of Auditor company and accountant and the activities that they are allowed in this capacity."
S. 28 article 308 of the same Code, as amended by the Act of 9 January 2003, paragraphs 4 to 7 shall be replaced by the following subparagraph: "the".

provisions of article 323bis shall apply by analogy to a Deputy mandate holders who are appointed permanently to a Deputy mandate holders who are not designated definitively to holders of a specific mandate and the chefs de corps. » Art. 29. at article 314, paragraph 4, of the same Code, as amended by the laws of the 15 July 1970 and February 10, 1998, «the vice-presidents, judges of add-in» are each time replaced by the words "vice-présidents",.
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30A article 319 of the Code, replaced by the law of December 22, 1998, the following changes are made: 1 ° the last sentence of paragraph 1 is deleted;
2 ° the second sentence of the paragraph 1 form a new paragraph 2;
3 ° the following paragraph is inserted before the last subparagraph: "the replacement referred to in the preceding paragraphs must meet the same language requirements as the commanding officer."
S. 31. article 323bis, § 1, of the same Code, replaced by the Act of July 17, 2000, is amended as follows: 1 ° 1st paragraph, the second sentence is replaced by the following sentence: "in case of mission full time, may be made replacement, with the exception of justices of the peace, judges to the police court, justices of the peace to supplement and complement to the police court judges". by appointment and, where appropriate, by a designation, in excess. »;
2 ° paragraph 4, is replaced by the following two subparagraphs: 'the mandate of a Deputy mandate holders who are not designated definitively is suspended for the duration of the mission. They retain their place on the list of rank and its supposed to have exercised the function to which they were appointed and the Deputy mandate for which they were designated. They retain the treatment or supplement the mandate-related processing Assistant, as well as increases and benefits y related insofar as no treatment is attached to the mission. They are evaluated in advance within thirty days of the commencement of the leave for mission in application of article 295nonies, paragraph 2, in accordance with the provisions of article 259undecies, and retain this assessment for the duration of their mission. If they have already been the subject of an assessment or an evaluation has already begun during the year preceding the mission leave, they retain the assessment thus attributed for the duration of the mission.
The provisions applicable to a Deputy mandate holders who are not designated definitively shall apply by analogy to holders of a specific mandate. » Art. 32A article 327 of the Code, replaced by the law of 25 July 1974 and amended by the Act of July 17, 2000, the following changes are made: 1 ° in paragraph 2, the words 'or in corporate law firms, government departments' are replaced by the words "or in federal public services '.
2 ° in paragraph 3, the words "or in a cabinet" are replaced by the words "or in federal public services '.
S. 33. in article 327bis, paragraph 1, of the same Code, inserted by the Act of 6 August 1993 and amended by the law of August 10, 1998, "Department of Justice" shall be replaced by the words "Service public federal Justice.
S. 34. in article 328, paragraph 2, of the same Code, replaced by the law of 17 February 1997, the words "or if it comes to die or to cease its functions" are inserted between the words "make this designation" and the words ", provided a replacement.
S. 35 in article 330, of the same Code, replaced by the law of 17 February 1997 and amended by the laws of May 20, 1997 and March 24, 1999, the following changes are made: 1 ° to the paragraph 1, the words ' or to departments and ministerial offices"shall be replaced by the words"or in federal public services '.
2 ° in paragraph 2, «in departments or cabinets» shall be replaced by the words "in federal public services '.
S. 36A article 330bis, paragraph 1, of the same Code, inserted by the law of 17 February 1997 and amended by the laws of May 20, 1997, on March 24, 1999, and April 12, 1999, the words «or in departments or cabinets» are replaced by the words "or in federal public services '.
S. 37. an article 332bis, worded as follows, shall be inserted in the same Code: «art.» 332bis. The granting of the authorisation referred to in articles 331 and 332 may, if the absence of the magistrate is due to disease, be subject to an inspection carried out by the administrative Health Service which is part of the Administration of the medical expertise according to the procedures laid down in the law for this service. » Art. 38A section 340 of the Code, replaced by the law of December 22, 1998 and amended by the Act of March 13, 2001, the following changes are made: 1 ° § 2, 2 °, is replaced by the following paragraph: "2 ° for writing hard contribution of operation referred to in § 3;";
2 ° §§ 3 and 4 are replaced by the following: "§ § 3 3» Operation reports are written and passed by the courts and the General Assemblies of judges of peace and the police courts judges before March 1 of each year and by the courts before April 30 of each year.
The first President appellate courts prepare an interim report on the operation of the additional room and back judificaire, no later than 1 October of the year preceding that in which a decision of extension of additional rooms must be taken.
The Minister of Justice shall establish, on the proposal of the High Council of Justice, form for the preparation of operating reports.
They treat including the following points pertaining to the past judicial year: has) the evolution of executives and staff;
(b) logistics;
(c) the Organization;
d) consultation structures.
They treat including the following points pertaining to the previous calendar year: has) statistics;
(b) the evolution of pending cases;
(c) the evolution of the workload;
(d) the evolution of the backlog).
Where appropriate, the report of operation indicates the needs and contains proposals to improve the functioning of the Court and the judicial backlog.
The commanding officer or the president of the General Assembly of the judges of peace and the police courts judges transmits the operating report and the interim report, and the minutes of the work of the General Assembly is related, the head of the immediately higher court, the Minister of Justice, to the Supreme Council of Justice and the presidents of the federal legislative chambers.
§ 4. The General Assembly of the courts is also convened for notices referred to in articles 259ter, § 3, and 259quater, § 3.
The General Assembly of the courts of appeal and courts of labour is also convened when the first president deems appropriate to convene the Court, after a member of the Court has notified him that he wished to make a denunciation on some object of public order from the jurisdiction of the Court. If the first president did not find it necessary to convene the Court, who wanted to make a denunciation can instruct his room of the object that he proposed to denounce; If, after having deliberated, the Chamber requests the convening of the General Assembly, the first president is required to grant it.
In addition, the General Assembly of the Court of appeal is convened to hear the denunciations of crimes and delicts made by one of its members; It can summon the Attorney general directing him to continue at the rate of these facts or to hear the account it will make prosecutions which would be started. » Art. 39. article 341, § 1, of the same Code, replaced by the law of December 22, 1998 and amended by the Act of March 13, 2001, is supplemented by the following paragraphs: "additional judges and judges appointed in application of article 100 are part of General Assembly of the courts where they actually exercise their functions of judge.
Judges who fulfil a mission attend the General Assembly without the right to vote and be taken into account for the fixing of a quorum for the duration of this mission and provided that it is a mission full time outside a court. If there is a mission in another jurisdiction, they are both part of General Assembly the jurisdiction in which they have been appointed by the General Assembly of the Court where they meet a mission full-time. » Art. 40A article 342 of the Code, replaced by the law of December 22, 1998, the following changes are made: 1 ° the § 1 the following subparagraph is added: "when the quorum is not reached, the commanding officer shall convene a new General Assembly at a later date, the agenda being maintained. This Assembly can then deliberate or validly vote unless the majority of the members are present. »;
2 ° § 3 is supplemented as follows: "except when it comes to elections, presentations or designations. In these cases, the preference is for the person with the greatest length of service in the relevant jurisdiction. » Art. 41. article 346, § 2, 2 °, of the same Code, replaced by the law of December 22, 1998 and amended by the law of June 21, 2001, is replaced by the following paragraph: «2 ° for the drafting of the report of operation referred to in article 340 § § 3 3» Operation reports are written and submitted by the

parquet and the audits before March 1st of each year and; General parquet and General audits before April 30 of each year the head of body transmits the report of operation, as well as the minutes of the work of the Assembly of body y related to the head of the higher public prosecutor, the Minister of Justice, the College of Prosecutors General, the Supreme Council of Justice and the presidents of the federal legislative chambers. » Art.
42. article 347 of the same Code, replaced by the law of December 22, 1998 and amended by the law of June 21, 2001, is supplemented by the following paragraphs: "the Crown of the King of supplement, substitutes for the listener to complement work, the Crown of the King and the auditor of labour substitutes appointed in application of article 100 are part of the Assembly from body of the Prosecutor's office near the courts where they perform effectively their. functions.
Judges who fulfil a mission are involved in Assembly of body without the right to vote and be taken into account for the fixing of a quorum for the duration of this mission and so far as a mission to full temp outside parquet nearly one jurisdiction. If it is a mission in another floor, they are as well part Assembly from body of the Prosecutor's office about the jurisdiction in which they have been appointed to the Assembly from body of the Prosecutor's office near the Court where they meet a mission full-time. » Art. 43A article 348 of the same Code, replaced by the law of December 22, 1998 and amended by the law of June 21, 2001, the following changes are made: 1 ° the § 1 the following subparagraph is added: "when the quorum is not reached, the commanding officer shall convene a new body at a later meeting, the agenda being maintained. This Assembly of body may then deliberate or validly vote unless the majority of the members are present. »;
2 ° § 3 is supplemented as follows: "except when it comes to elections, presentations or designations. In these cases, preference goes to the person with the greatest length of service in the Prosecutor's office concerned. » Art. 44 article 354, paragraph 2, of the same Code, replaced by the law of 15 July 1970 and amended by the laws of February 21, 1983, February 17, 1997, December 22, 1998 and April 12, 1999, the words "and the Secretaries of parquet» are replaced by the words 'and secretariats of parquet.
S. 45A article 357 of the Code, replaced by the law of 29 April 1999 and amended by laws of March 28, 2000 and June 15, 2001, the § 1 is supplemented by the following paragraph: "the Crown of the King specialised in tax matters who is appointed first surrogate retains supplement treatment provided for in paragraph 1, 4 °. , under the conditions specified therein as well as to paragraph (2). » Art. 46. article 377, § 1, of the same Code, amended by the law of August 2, 1974, is replaced by the following provision: «§ 1.» The treatment is due from the day of oath until the day of the termination of service. » Art. 47 article 378 of the Code, amended by the law of December 22, 1998, paragraph 2 is replaced by the following provision: "payment is due for the period where the Deputy Magistrate actually provides the provisional replacement."
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48. at article 383, § 1, of the same Code replaced by Act of July 17, 1984, «when they have reached the age» shall be replaced by the words "at the end of the month during which they have reached the age.
S. 49 article 390 of the same Code, replaced by the law of December 22, 1998 and amended by the Act of 17 July 2000, the words «of article 383bis» are replaced by the words «articles 383, § 2, and 383bis.
S. 50. article 391, paragraph 2, last sentence, of the same Code, amended by the law of January 25, 1999, is replaced by the following provision: "For the purposes of paragraphs 2 and 4 of this provision, the designations referred to in article 58bis, 2 ° to 4 °, are assimilated appointments to definitively."
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51. article 392, paragraph 2, last sentence, of the same Code, replaced by the law of January 25, 1999, is replaced by the following provision: "For the purposes of paragraphs 2 and 4 of this provision, the designations referred to in article 58bis, 2 ° to 4 °, are assimilated appointments to definitively."
Amendment of the organic law of 18 July 1991 of the control of the police services of information s. 52A article 65, paragraph 2, of Act orgaique of 18 July 1991 control of police and intelligence services, amended by the law of April 1, 1999 and 21 December 1994, paragraphs 2 to 4 are repealed.
Amendment of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges s. 53. article 21, last paragraph, of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges, as amended by the laws of 6 August 1993 and on 1 December 1994 and replaced by the law of December 22, 1998, is repealed.
Amendment of the Act of 5 August 1991 on the protection of economic competition article 54A article 17 of the law of 5 August 1991 on the protection of economic competition, replaced by the law of 26 April 1999, the following changes are made: 1 ° § 4, paragraph 2, is repealed.
2 ° § 4, paragraph 3, which becomes paragraph 2 is supplemented as follows: 'and for the magistrates of the judiciary, is also not contrary to the incompatibilities laid down in the Judicial Code ";
3 ° to § 5, paragraph 1, is deleted;
4 ° to § 5, paragraph 2, the "500 000" figure is replaced by '250 000 ';
5 ° to § 5, paragraphs 3 and 4 are repealed.
Amendment of the Act of 22 December 1998 amending certain provisions of the second part of the Code of judicial procedure concerning the Higher Council of Justice, the appointment and the appointment of judges and establishing a system of evaluation for judges s. 55. article 102, § 1, paragraph 2, 2 °, of the law of 22 December 1998 amending certain provisions of the second part of the Code of judicial procedure concerning the Supreme Council of Justice, the appointment and designation of judges and establishing a system of evaluation for judges, is completed as follows: ', without that they must satisfy the condition of age provided for in § 3 '. 3 °, of the above-mentioned article. » Art.
56. in article 103 of the same law, the words "of their designation, three minimum age be" are replaced by the words "where the mandate opens actually, be between the ages of four minimum.
Transitional and final provisions art. 57. for the purposes of the application of article 8, § 1, paragraphs 2 and 4, of the general law of 21 July 1844 on Civil and ecclesiastical pensions the designation as the national magistrate is deemed to be a final appointment.
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58 § 1. Articles 216bis, 259ter and 259quater of the Judicial Code, such as inserted and modified respectively by articles 13, 18, 1 ° to 4 °, 7 °, 9 °, 11 ° to 16 °, 19, 1 ° to 6 °, are applicable only to the vacancies published in the Moniteur belge after the entry into force of these provisions.
Article 259octies of the Judicial Code as amended by article 21 applies to all ongoing judicial internships on the day of its entry into force.
§
2. Articles 190 and 207 of the Code, as amended by sections 10 and 12 are applicable to the vacancies published in the Moniteur belge after the entry into force of those sections.
§
3. Article 287 of the Judicial Code, as amended by article 25 (2), applies to the vacancies published in the Moniteur belge after the entry into force of this section.
§ 4.
Article 323bis, § 1, of the Judicial Code, as amended by article 31 (2), applies to holders of a Deputy mandate which are not designated on a final basis and whose mandate has been suspended after January 1, 2000. The pre-assessment takes place within thirty days of the entry into force of this Act and takes effect retroactively at the beginning of the mission.
§ 5. Article 377 of the Code judicial, as amended by article 46 is applicable to persons who take oath after the entry into force of this section.
§
6. Article 378 of the Judicial Code as amended by article 47, is applicable to the designations that are ongoing at the time of the entry into force of this section.
§ 7. Section 21 of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges, as amended by section 53, is not applicable to the referendum to the Court of arbitration, to the members of the auditor's office of the State Council and the members of the bureau of coordination to the Council of State appointed prior to the entry into force of article 53.
§ 8. Article 103 of the Act of 22 December 1998 amending certain provisions of the second part of the Code of judicial procedure concerning the Higher Council of Justice, the appointment and the appointment of judges and establishing a system of assessment for such judges as amended by section 56 applies to the vacancies published in the Moniteur belge after the entry into force of this section.
S. 59. persons who, at the time of the entry into force of articles 32, 33, 35 and 36, assume a mission on the basis of articles 327, 327bis, 330 and 330bis, of the Judicial Code can continue to assume this mission

until all federal departments are transformed into federal public services.
S.
60. article 259quater, § 6, of the Judicial Code, as amended by article 19, 7 °, shall apply to mandates of commanding officer, referred to in article 259quater, § 6, paragraph 2, of the Judicial Code, which become vacant after the entry into force of article 19, 7 °.
S. 61. this Act comes into force the day of its publication in the Moniteur Belgian, with the exception of articles 3, 4, 18, 1 °, 6 °, 7 ° and 11 °, 19, 3 ° and 6 °, 25, 2 °, 38 and 41, which come into force on the date fixed by the King, and no later than 12 months after the publication of this Act to the monitor Belgian with the exception of articles 50 and 51 which produce their effects on August 2, 2000 except for the heads of bodies referred to in article 58bis, 2 °, of the Judicial Code, for which these two articles shall take effect April 1, 2000.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 3, 2003.
ALBERT by the King: the Minister of Justice, M. VERWILGHEN Scellé the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Note (1) 2002-2003 Session.
House of representatives.
Parliamentary papers. -Bill, no. 50 - 2107/1. -Amendments, Nos. 50-2107/2 to 8. -Report, n ° 50-2107/9. -Text adopted by the commission; No. 50-2107/10.
Record described: March 13, 2003.
Senate.
Parliamentary papers. -Draft transmitted by the Chamber, no. 2-1537/1. -Amendments, no. 2-1537/2. -Report, n ° 2-1537/3. -Text corrected by the commission, no. 2-1537/4. -Amendments retabled after the approval of the report, no. 2 - 1537/5. -Text adopted in plenary and subject to Royal assent, session No. 2-1537/6.
Annals of the Senate: April 3, 2003.

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