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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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3 MAI 2003. - An Act to amend certain provisions of Part II 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:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Article 86bis, paragraph 4, of the Judicial Code, inserted by the Act of 10 February 1998, is supplemented as follows: "The first president of the Court of Appeal or, where applicable, the first president of the Labour Court shall immediately inform the Minister of Justice of any changes to the assignment of additional judges. »
Art. 3. In article 106bis , paragraph 1er, of the same Code, inserted by the Act of 9 July 1997 and amended by the Act of 22 December 1998, the words "the reports of the first president referred to in Article 112, paragraph 1er are replaced by the words "intermediate reports referred to in Article 340, § 3".
Art. 4. Article 112, paragraph 1er, of the same Code, replaced by the Act of 22 December 1998, is repealed.
Art. 5. In section 151, paragraph 1er, of the same Code, replaced by the Act of 22 December 1998, a comma is inserted between the words "addition" and "delegates".
Art. 6. Section 157 of the same Code, replaced by the Act of 17 February 1997, is supplemented by the following paragraph:
"He is assisted by clerks and assistant clerks. »
Art. 7. Section 158 of the same Code, as amended by the Act of 17 February 1997, paragraphs 1er and 2 are repealed.
Art. 8. Section 177 of the Code, as amended by the Acts of 17 February 1997 and 20 May 1997, is replaced by the following provision:
"Art. 177. There may be in the registry of peace justices and police courts of the editors and employees appointed by the Minister of Justice.
Their number is determined by the King. »
Art. 9. Section 185, paragraph 3, of the same Code, inserted by the Act of 17 February 1997, is supplemented as follows:
"In order to be contracted, the persons concerned must be a conduct that meets the requirements of the function and enjoy civil and political rights. »
Art. 10. In section 190 of the same Code, replaced by the Act of 18 July 1991, and amended by the Acts of 1er December 1994, 6 May 1997, 10 February 1998, 22 December 1998, 23 and 24 March 1999 and 15 June 2001 are amended as follows:
1° to § 2, 2°, the words "the functions of the public prosecutor or those of a judge or judge" are inserted between the words "executed" and the words "functions";
2° to § 2, 3°, the words "the functions of the public prosecutor or those of a judge or judge" are deleted;
3° it is inserted a § 2ter, written as follows:
§ 2ter. With respect to the candidate for office of judge in a tax chamber of a court of first instance, with a diploma attesting to a specialized training in tax law, issued by a Belgian university or by a non-university higher education institution referred to in section 357, § 1erparagraph 2, the time limit provided for in § 2, paragraph 1er, 3°, is reduced to 10 years. »
Art. 11. Article 191 of the same Code, inserted by the law of 1er December 1994, as amended by the Act of 10 February 1998 and renumbered by the Act of 22 December 1998, is repealed.
Art. 12. Article 207, § 3, 2°, of the same Code, replaced by the Act of 22 December 1998, is replaced by the following provision:
"2° or, having passed the examination of professional fitness provided for in Article 259bis-9 , § 1er, and have been practising a lawyer for at least fifteen years without interruption, or have at least fifteen years of cumulative experience as a lawyer and a member of the seated judiciary or the Public Prosecutor's Office; "
Art. 13. It is inserted in title VI of Book 1er of the second part of the same Code a chapter IIIbis, written as follows:
"Chapter IIIbis . - Common provision in chapters Ier to III
Art. 216bis . A candidate appointed to a position referred to in article 58bis, 1°, may not, within three years after the publication of the appointment order to the Belgian Monitor, apply for an appointment to another function referred to in article 58bis, 1°, or to the same function in or near another jurisdiction.
This provision does not apply to substitute judges. »
Art. 14. Article 259bis-9 , § 2, paragraph 2, of the same Code, inserted by the law of 22 December 1998, is supplemented as follows: "It determines the terms and duration of the designation. »
Art. 15. Article 259bis- 10 , § 2, paragraph 1er, the same Code, inserted by the Act of 22 December 1998, is supplemented as follows: Each appointing committee may appeal to external experts to assist the subcommissions in the preparation of the examinations referred to in § 1er2°, and in the preparation of the tests. These experts are not in any case part of the subcommissions and cannot participate in the deliberations. »
Art. 16. Article 259bis- 17 , § 2, of the same Code inserted by the law of 22 December 1998, is repealed.
Art. 17. In article 259bis- 19 of the same Code, inserted by the law of 22 December 1998, it is inserted in § 2bis, as follows:
"§ 2bis . When, as part of the exercise of its duties, the Superior Council considers that one of its members belonging to the Judiciary, a magistrate, a member of the Office of the Prosecutor's Office, a member of the Registry staff and the Public Prosecutor's Secretariats or an author of notice referred to in Articles 259ter, § 1er, and 259quater , § 1er, lacks the duties of his or her office or refuses to cooperate, the Conseil Supérieur informs, if any, the competent disciplinary authorities by asking them to examine whether disciplinary proceedings should be instituted. He simultaneously informs the Minister of Justice.
When the Superior Council makes the same observation about its other members, it simultaneously informs the Speaker of the Senate.
Disciplinary authorities shall inform the High Council on the grounds that they are reserved for them. »
Art. 18. In section 259ter of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 21 June 2001, the following amendments are made:
1° to § 1erParagraph 1er, the words ", by means of a model form established by the Minister of Justice, on the proposal of the Superior Council of Justice", are inserted between the words "the written opinion motivated" and ": 1st of the head of body";
2° to § 1erParagraph 1er, 2°, the first sentence is supplemented by the words ", referee or prosecutor's lawyer or judicial interns; »;
3° § 1er, paragraph 3, is replaced by the following provision:
"In the case where the heads of bodies referred to in paragraph 1er is, for any reason, unable to issue a notice, the notice referred to in paragraph 1er, 1° and 2°, is given by the magistrate referred to in article 319, paragraph 2. »;
4° § 1er is supplemented by the following paragraphs:
"If the candidate is a university professor, the Minister of Justice requests in accordance with the provisions of § 1erParagraph 1erthe opinion of his dean and the rector or one of them when the candidate is himself dean or rector.
The persons referred to in this paragraph must refrain from issuing a notice whenever there is a personal interest or otherwise. In particular, they may not issue a notice on parents or allies to the fourth degree or on persons with whom they constitute a de facto household. In these cases, the notice referred to in paragraph 1er, 1°, and 2°, is issued by the magistrate referred to in article 319, paragraph 2. If the court, for the above reasons, is also unable to issue a notice, the notice shall be issued by the head of the upper court or, for the Court of Cassation, by the General Assembly. »;
5° to § 2, paragraph 1er, the words "in the same period" are inserted between the words " communicated" and "to the candidate";
6° to § 2, paragraph 2, the words "In the absence of notice within the prescribed time limit" are replaced by the words "Without prejudice to the application of Article 259bis- 19 , § 2bis , in the absence of notice within the prescribed time limit or in the absence of use of the standard form",
7° § 2, last paragraph is replaced by the following provision:
"The appointment file shall consist, as the case may be, of the following documents:
(a) the application and all supporting documentation relating to education and professional experience;
(b) the curriculum vitae;
(c) written notices referred to in § 1er and, where appropriate, the candidate ' s comments;
(d) Reports on judicial training;
(e) the final mention in the evaluation file;
(f) documents certifying notification to the candidate. »;
8° to § 4, paragraph 2, the words "and the College of Attorneys General referred to in Article 259sexies , § 1er are inserted between the words "subject to § 3" and "this period";
9° to § 4, paragraph 3, second sentence, the words "may apply at the earliest six months before the end of the judicial course and they" are inserted between the words "Judicial interns" and "must";
10° to § 4, paragraph 4, the words "or the College of Attorneys General referred to in Article 259sexies , § 1er are inserted between the words "subject to § 3" and "this period";
11° to § 4, the following paragraphs are inserted between paragraphs 4 and 5:
"The appointing committee may decide to hear all the candidates.
The appointing committee invites candidates by registered letter to the position by mentioning the place where, and the day and time to be presented.
The interview with each candidate is subject to a detailed report. This report is signed by the candidate and is then attached to the appointment file.
A candidate who does not attend the day and time indicated by the appointing board shall be deemed, except in the event of force majeure, to waive the possibility of hearing. In the event of a force majeure, which is sovereignly appreciated by the appointing commission, the candidate is reconvened as long as he is not affected by the time limit available to the appointing commission to make the presentation. »;
12° § 4, paragraph 8, which becomes paragraph 12, is supplemented as follows: "as well as to the head of body of the vacant place and to the head of body of the candidate presented";
13° in § 4, the following paragraph is inserted between paragraph 8, which becomes paragraph 12, and paragraph 9, which becomes paragraph 14:
"If no submission is made within the prescribed time limit, the Minister of Justice may, from the fortieth day and until the fifty-fifth day of the application for submission, place the recommended letter appointing committee in the position to make a presentation. The appointing committee shall have a period of fifteen days from the date of sending the stay to make another presentation. »;
14° to § 4, last paragraph, the words "or within the extended period following the laying down "are inserted between the words "prescribed time" and "the minister";
15° to § 5, paragraph 1er is completed as follows:
"and by simple letter to the head of the body of the court or the public prosecutor in the jurisdiction where the appointment must take place, to the head of the candidate's body. A copy of this reasoned decision is communicated by simple letter to the appointing committee and to the Attorney General of the place where the oath is to be lent. »;
16° to § 5, paragraph 2 is supplemented as follows:
"The reasoned refusal decision shall be communicated by registered letter to the position or against receipt to the appointment board and to the candidate submitted. The head of the body of the court or the public prosecutor in the jurisdiction where the appointment is to take place, the head of the candidate and the other candidates are informed of the decision of refusal by simple letter. »
Art. 19. The following amendments are made to section 259quater of the same Code as amended by the Act of 22 December 1998 and amended by the Act of 21 June 2001:
1° to § 2, paragraph 1er, 1°, the words ", still in function," are inserted between the words "outgoing" and "court";
2° to § 2, paragraph 2, the words "Article 259ter , § 1erParagraph 2 and 3 are replaced by the words "Article 259ter , § 1erparagraphs 2-5;
3° § 2, last paragraph, is replaced by the following provision:
"The designation of a head of body consists exclusively of the following documents:
(a) the application and all supporting documentation relating to education and professional experience;
(b) the curriculum vitae;
(c) written notices referred to in paragraph 1er and, where appropriate, the candidate ' s comments;
(d) the candidate ' s management plan;
(e) defiant mention in the evaluation file;
(f) documents certifying notification to the candidate. »;
4° § 3, paragraph 1er, is completed as follows:
"If the general assembly does not reach the required quorum because too many members of the court of appeal or the court of work concerned are candidates for the function of head of body of this court, the notice 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 the mandate opens effectively, the candidate must be at least six years from the age limit referred to in section 383, § 1er; »
6° § 3, paragraph 2, is supplemented as follows:
"4° the appointing commission hears all candidates for a term of office of chief body. »;
7° to § 6, paragraph 2 is replaced as follows:
"If the term of office of first president of the Court of Cassation, of attorney general near the Court of Cassation, of federal prosecutor, of first president of the Court of Appeal of Brussels, of attorney general near the Court of Appeal of Brussels, of first president of the Court of Labour of Brussels, of president of the Court of First Instance of Brussels, of the Court of Labour of Brussels and of the court of commerce of Brussels and of attorney of the King at the court of first is vacant If this period is less than two years, the term is terminated by the replacement referred to in section 319.
In the case of an appeal to candidates pursuant to paragraph 2, they may only apply, under penalty of loss, those who meet the same language conditions as the head of body whose term of office expires prematurely.
The term of office of the person designated as head of body under paragraph 2 is, by derogation from § 1erlimited to the remainder of the term ending prematurely;
8° the article is completed by the following paragraph:
Ҥ 7. The head of the body may make his or her mandate available in advance by registered letter to the post or against receipt. However, the term of office is terminated only after nine months of receipt of the facility. On the reasoned request of the body leader concerned, the King may reduce this period.
Without prejudice to § 6, the provisions of §§ 4 and 5 shall apply to the head of the body which anticipates to make its mandate available, with the exception of the provisions of § 4 relating to the treatment and increases and benefits associated with it.
The head of the body who anticipates to make his or her mandate available can no longer apply to a new body chief for a period of two years from the time he or she ceases his or her mandate. »
Art. 20. In article 259sexies , § 2, of the same Code, inserted by the law of 22 December 1998 and amended by the law of 21 June 2001, the last paragraph shall be replaced by the following provision:
"The magistrates of the Public Prosecutor's Office who are designated a federal magistrate may be replaced by an appointment and, where applicable, by an overcrowding designation. »
Art. 21. In article 259octies , § 6 of the same Code, inserted by the law of 22 December 1998, the following paragraph shall be inserted between paragraphs 4 and 5:
"The preceding two paragraphs are not applicable to maternity leave referred to in section 39 of the Labour Act of 16 March 1971, which are considered to be internship periods. »
Art. 22. Section 259 of the Code, inserted by the Act of 22 December 1998 and amended by the Act of 13 March 2001, is amended as follows:
1° to paragraph 7, the words "and transmits a copy to the Minister of Justice" are deleted;
2° in paragraph 8, the word "marks" is replaced by the words "final mentions".
Art. 23. Article 259decies , § 1er, of the same Code, inserted by the Act of 22 December 1998, is supplemented as follows: "The anticipated assessment provided for in section 259nonies , paragraph 2, does not alter the time at which the assessment is normally to take place. »
Art. 24. Article 259undecies , § 2, paragraph 1er, of the same Code, inserted by the Act of 22 December 1998, is supplemented as follows: "The head of body shall transmit to the Federal Public Service Justice the order establishing the extension or termination of the mandate. »
Art. 25. 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 and 12 April 1999, is amended as follows:
1° to paragraph 1erthe second sentence is deleted;
2° the following paragraphs shall be inserted between subparagraphs 1er and 2:
"Any application for appointment or appointment of a head of body in the judiciary shall be accompanied by:
(a) all evidence relating to education and professional experience;
(b) a curriculum vitae prepared in accordance with a model form prepared by the Minister of Justice on the proposal of the Supreme Council of Justice;
(c) the management plan in the case of a nomination for a head of body.
The documents mentioned in the previous paragraph are provided in duplicate. »
Art. 26. Section 290 of the same Code, replaced by the Act of 22 December 1998, is replaced by the following provision:
"Art. 290. If at the time of publication of the appointment or designation to the Belgian Monitor the place is unoccupied, the swearing-in shall take place within one month of publication; on the contrary, the appointment or designation may be considered non-agreement.
If at the time of the publication of the appointment or designation to the Belgian Monitor the place is occupied, the swearing-in must take place within one month of the time the place is actually released; on the contrary, the appointment or designation may be considered non-agreement.
From the day of the swearing-in, the person concerned shall be entitled to the corresponding quality of the magistrate. »
Art. 27. In section 300 of the same Code, as amended by the Act of 9 July 1997, paragraph 2 is supplemented as follows:
"4° of the exercise of the profession of corporate and accounting reviewer and of the activities authorized to them in this capacity. »
Art. 28. In section 308 of the same Code, as amended by the Act of 9 January 2003, paragraphs 4 to 7 are replaced by the following paragraph:
"The provisions of section 323bis shall apply by analogy to the holders of an Assistant Mandate who are designated on a final basis, to the holders of an Assistant Mandate who are not designated on a final basis, to the holders of a specific mandate and to the heads of bodies. »
Art. 29. In section 314, paragraph 4, of the same Code, as amended by the Acts of 15 July 1970 and 10 February 1998, the words "The Vice-Presidents, the Complementary Judges" are replaced by the words "The Vice-Presidents".
Art. 30. In section 319 of the same Code, replaced by the Act of 22 December 1998, the following amendments are made:
1° the last sentence of paragraph 1er is deleted;
2° the second sentence of paragraph 1er form a new paragraph 2;
3° the following paragraph is inserted before the last paragraph:
"The substitute referred to in the preceding paragraphs must meet the same language conditions as the head of body. »
Art. 31. Article 323bis , § 1erthe same Code, replaced by the Act of 17 July 2000, is amended to read:
1° to paragraph 1er, the second sentence is replaced by the following sentence:
"In the event of a full-time mission, the replacement, with the exception of the justices of the peace, of the judges in the police court, of the justices of the peace of supplement and of the judges of the police court, by appointment and, if necessary, by appointment, by overcrowding. »;
2° paragraph 4, is replaced by the following two paragraphs:
"The term of office of the non-final appointees is suspended for the duration of the mission. They keep their place on the rank list and their supposedly exercised the function to which they were appointed and the deputy mandate for which they were appointed. They maintain the treatment or treatment supplement for the Deputy Mandate, as well as the increases and benefits associated with the Assistant Mandate, provided that no treatment is attached to the mission. They are assessed on a proactive basis within thirty days of the commencement of mission leave pursuant to section 295undecies , paragraph 2, in accordance with the provisions of section 259undecies , and retain this assessment for the duration of their mission. If they have already been assessed or if an assessment has already been initiated in the year prior to the mission leave, they shall retain the assessment so assigned during the duration of the mission.
The provisions applicable to the holders of a deputy mandate who are not designated on a final basis apply by analogy to the holders of a specific mandate. »
Art. 32. In section 327 of the same Code, replaced by the Act of 25 July 1974 and amended by the Act of 17 July 2000, the following amendments are made:
1° in paragraph 2, the words "or in ministerial cabinets, ministerial departments" are replaced by the words "or in federal public services";
2° in paragraph 3, the words "or in a ministerial cabinet" are replaced by the words "or in federal public services".
Art. 33. In article 327bis , paragraph 1er, of the same Code, inserted by the Act of 6 August 1993 and amended by the Act of 10 August 1998, the words "Ministry of Justice" are replaced by the words "Federal Public Service Justice".
Art. 34. In section 328, paragraph 2, of the same Code, replaced by the Act of 17 February 1997, the words "or if it comes to disappointment or termination of its functions" are inserted between the words "to make this designation" and the words ", it is provided for its replacement".
Art. 35. In section 330 of the same Code, replaced by the Act of 17 February 1997 and amended by the Acts of 20 May 1997 and 24 March 1999, the following amendments are made:
1° to paragraph 1erthe words "or in departmental departments or offices" are replaced by the words "or in federal public services";
2° in paragraph 2, the words "in departmental departments or offices" are replaced by the words "in federal public services".
Art. 36. In article 330bis , paragraph 1er, of the same Code, inserted by the law of 17 February 1997 and amended by the laws of 20 May 1997, of 24 March 1999 and of 12 April 1999, the words "or in departmental departments or offices" are replaced by the words "or in federal public services".
Art. 37. An article 332bis, as follows, is inserted in the same Code:
"Art. 332bis . The granting of the authorization referred to in sections 331 and 332 may, if the absence of the magistrate is due to the disease, be subject to a control by the Administrative Health Service which is part of the Administration of Medical Expertise in accordance with the terms set out in the Administrative Regulations of that service. »
Art. 38. In section 340 of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 13 March 2001, the following amendments are made:
1° § 2, 2°, is replaced by the following provision:
"2° for hard-working writing referred to in § 3; »;
2° §§ 3 and 4 are replaced by the following:
Ҥ3. The operational reports are drafted and transmitted by the courts and general assemblies of justices of the peace and judges to the police courts before 1er March of each year and by courses before April 30 of each year.
The first president of the appeals courses draw up an interim report on the functioning of the additional rooms and the backlog, no later than 1er October of the year preceding that in which a decision to extend the additional rooms must be made.
The Minister of Justice prepares, on the proposal of the Supreme Council of Justice, the standard form for the drafting of operational reports.
These include the following issues relating to the past judicial year:
(a) the evolution of executives and staff;
(b) logistics;
(c) organization;
(d) structures for consultation.
These include:
(a) Statistics;
(b) the evolution of pending cases;
(c) the evolution of the workload;
(d) the evolution of the judicial backlog.
Where applicable, the operational report identifies the needs and contains proposals to improve the functioning of the jurisdiction and to resolve the backlog.
The Chief of Body or the President of the General Assembly of Justices of the Peace and Judges to the Police Courts shall transmit the working report and the interim report, as well as the minutes of the proceedings of the General Assembly, the head of the immediately superior court, the Minister of Justice, the Superior Council of Justice and the Presidents of the Federal Legislative Chambers.
§ 4. The general assembly of courses is also convened for the notices referred to in articles 259ter , § 3, and 259quater , § 3.
The General Assembly of Courts of Appeal and Courts of Work is also convened when the first president considers it appropriate to convene the court, after a member of the court informed him that he wished to make a denunciation of any public object of the court's jurisdiction. If the first president did not consider it necessary to summon the court, the person who wanted to make a denunciation may instruct his chamber of the object he intended to denounce; if, after having deliberated, the board requests the convocation 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 offences made by one of its members; the Attorney General may order the Attorney General to prosecute on the basis of these facts or to hear the account that he will render proceedings that would be commenced. »
Art. 39. Article 341, § 1erthe same Code, replaced by the Act of 22 December 1998 and amended by the Act of 13 March 2001, is supplemented by the following paragraphs:
"The complementary judges and the judges appointed pursuant to Article 100 are part of the general assembly of the courts where they actually exercise their functions as a judge.
The magistrates who carry out a mission participate in the general assembly without the right to vote and without being taken into account in setting the quorum, for the duration of this mission and as long as it is a full-time mission outside a jurisdiction. If this is a mission in another jurisdiction, they are part of both the general assembly of the jurisdiction in which they were appointed and the general assembly of the jurisdiction where they carry out a full-time mission. »
Art. 40. In section 342 of the same Code, replaced by the Act of 22 December 1998, the following amendments are made:
1° § 1er is completed by the following paragraph:
"When the quorum is not reached, the head of body calls for a new general assembly at a later date, the agenda being maintained. This General Assembly may then deliberate or vote validly without the majority of members present. »;
2° § 3 is supplemented as follows: "except for elections, presentations or designations. In these cases, the preference is for the person with the highest service length in the jurisdiction concerned. »
Art. 41. Section 346, § 2, 2°, of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 21 June 2001, is replaced by the following provision:
"2° for the drafting of the operating report referred to in Article 340, § 3. The working reports are written and communicated by prosecutors and auditorates before 1er March of each year and by the General Prosecutors and Auditors before April 30 of each year; the head of the body shall transmit the report of operation, as well as the minutes of the work of the related body assembly, the head of the immediately superior public prosecutor's office, the Minister of Justice, the College of Attorneys General, the Superior Council of Justice and the Presidents of the Federal Legislative Chambers. »
Art. 42. Section 347 of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 21 June 2001, is supplemented by the following paragraphs:
"The substitutes of the King's Prosecutor of Supplement, the substitutes of the auditor of the supplementary work, the substitutes of the King's Prosecutor and the substitutes of the auditor of the work appointed under section 100 are part of the body assembly of the prosecutor's office near the courts where they actually exercise their functions.
The magistrates who carry out a mission participate in the body assembly without the right to vote and without being taken into account for the fixing of the quorum, for the duration of this mission and as long as it is a full-time mission outside a prosecutor's office near a jurisdiction. If it is a mission in another prosecutor's office, they are part of both the body assembly of the prosecutor's office near the jurisdiction in which they were appointed as of the body assembly of the prosecutor's office near the jurisdiction where they fulfill a full-time mission. »
Art. 43. In section 348 of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 21 June 2001, the following amendments are made:
1° § 1er is completed by the following paragraph:
"When the quorum is not reached, the body chief summons a new body assembly at a later date, the agenda being maintained. This body assembly may then deliberate or vote validly without the majority of members being present. »;
2° § 3 is supplemented as follows: "except for elections, presentations or designations. In these cases, the preference goes to the person with the highest service length in the relevant parquet. »
Art. 44. In section 354, paragraph 2, of the same Code, replaced by the Act of 15 July 1970 and amended by the Acts of 21 February 1983, 17 February 1997, 22 December 1998 and 12 April 1999, the words "and prosecutors" are replaced by the words "and prosecutors' secretariats".
Art. 45. In Article 357 of the same Code, replaced by the Act of 29 April 1999 and amended by the Acts of 28 March 2000 and 15 June 2001, § 1er is completed by the following paragraph:
"The deputy of the King's Specialized Prosecutor in Tax Matters who is designated the first substitute shall retain the salary supplement provided for in paragraph 1er, 4°, under the same conditions as those fixed therein and paragraph 2. »
Art. 46. Article 377, § 1erthe same Code, as amended by the Act of 2 August 1974, is replaced by the following provision:
« § 1er. The treatment is due from the day of the swearing-in to the day of the termination of duty. »
Art. 47. In section 378 of the same Code, as amended by the Act of 22 December 1998, paragraph 2 is replaced by the following provision:
"The payment is due for the period in which the substitute magistrate actually makes the provisional replacement. »
Art. 48. Article 383, § 1er, from the same Code, replaced by the Act of 17 July 1984, the words "when they have reached age" are replaced by the words "at the end of the month in which they have reached age".
Art. 49. In Article 390 of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 17 July 2000, the words "of Article 383 bis" are replaced by the words "of Articles 383, § 2, and 383 bis".
Art. 50. Section 391, paragraph 2, last sentence, of the same Code, as amended by the Act of 25 January 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 to final appointments. »
Art. 51. Section 392, paragraph 2, last sentence, of the same Code, replaced by the Act of 25 January 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 to final appointments. »
Amendment of the Organic Law of 18 July 1991
Police and Intelligence Monitoring
Art. 52. Article 65, § 2, of the Orgaic Law of 18 July 1991 on the Control of Police and Intelligence Services, as amended by the Laws of 1er April 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 training and recruitment
magistrates
Art. 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 1er December 1994 and replaced by the Act of 22 December 1998, is repealed.
Amendment of the Act of 5 August 1991
on the protection of economic competition
Art. 54. Section 17 of the Act of 5 August 1991 on the Protection of Economic Competition, replaced by the Act of 26 April 1999, is amended as follows:
§ 4, paragraph 2, is repealed;
2° § 4, paragraph 3, which becomes paragraph 2, is supplemented as follows:
"and, for the judges of the Judicial Order, is also not contrary to the incompatibility provided for in the Judicial Code";
3° to § 5, paragraph 1eris deleted;
4° to § 5, paragraph 2, the number "500,000" is replaced by the number "250,000";
5° in § 5, paragraphs 3 and 4 are repealed.
Amendment of the Act of 22 December 1998 amending certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of judges and establishing an evaluation system for judges
Art. 55. Article 102, § 1er, paragraph 2, 2°, of the Act of 22 December 1998 amending certain provisions of the second part of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of magistrates and establishing an evaluation system for magistrates, is supplemented as follows:
", without having to satisfy the age requirement set out in § 3, 3, of the aforementioned article. »
Art. 56. In section 103 of the Act, the words "of their designation, being at least three" are replaced by the words "where the mandate actually opens, being at least four".
Transitional and final provisions
Art. 57. For the purposes of Article 8, § 1er, paragraphs 2 and 4, of the general law of 21 July 1844 on civil and ecclesiastical pensions, designation as a national magistrate is considered to be a final appointment.
Art. 58. § 1er. Articles 216bis, 259ter and 259quater of the Judicial Code, as inserted and amended respectively by articles 13, 18, 1° to 4°, 7°, 9°, 11° to 16°, 19, 1° to 6°, are applicable only to the holidays of employment published in the Belgian Monitor after the entry into force of these provisions.
Section 259octies of the Judiciary Code, as amended by section 21, applies to all judicial training courses in progress on the day it comes into force.
§ 2. Sections 190 and 207 of the Judicial Code, as amended by Articles 10 and 12, apply to employment holidays published in the Belgian Monitor after the entry into force of these articles.
§ 3. Article 287 of the Judicial Code, as amended by Article 25, 2°, is applicable to the holidays of employment published in the Belgian Monitor after the entry into force of this article.
§ 4. Article 323bis , § 1er, the Judicial Code, as amended by section 31, 2°, applies to the holders of an Assistant Mandate who are not designated on a final basis and whose term has been suspended after 1er January 2000. The advance assessment takes place within thirty days of the coming into force of this Act and takes effect retroactively at the beginning of the mission.
§ 5. Section 377 of the Judicial Code, as amended by section 46, is applicable to persons who are sworn after the entry into force of this section.
§ 6. Section 378 of the Judicial Code, as amended by section 47, is applicable to designations that are in progress at the time of entry into force of this section.
§ 7. Article 21 of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the formation and recruitment of magistrates, as amended by article 53, is not applicable to referees to the Court of Arbitration, to the members of the Auditorate of the Council of State and to the members of the coordinating office of the Council of State appointed before the entry into force of article 53.
§ 8. Article 103 of the Act of 22 December 1998 amending certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of magistrates and establishing an assessment system for judges as amended by Article 56 is applicable to the employment holidays published in the Belgian Monitor after the entry into force of this article.
Art. 59. Persons who, at the time of the entry into force of sections 32, 33, 35 and 36, carry out a mission on the basis of sections 327, 327 bis, 330 and 330 bis, of the Judicial Code may continue to carry out this mission until all federal departments are transformed into federal public services.
Art. 60. Article 259quater , § 6, of the Judicial Code, as amended by Article 19, 7°, is applicable to the warrants of head of body, referred to in Article 259quater , § 6, paragraph 2, of the Judicial Code, which become vacant after the entry into force of Article 19, 7°.
Art. 61. This Act comes into force on the day of its publication to the Belgian Monitor, 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 twelve months after the publication of this Act to the Belgian Monitor with the exception of Articles 50 and 51 which produceer April 2000.
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 3 May 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2002-2003.
House of Representatives.
Parliamentary documents. - Bill No. 50-2107/1. - Amendments, nbones 50-2107/2 to 8. - Report, no. 50-2107/9. - Text adopted by the Commission; No. 50-2107/10.
Summary record: 13 March 2003.
Senate.
Parliamentary documents. - Project transmitted by the Chamber, No. 2-1537/1. - Amendments, no. 2-1537/2. - Report, no. 2-1537/3. - Text corrected by commission, no. 2-1537/4. - Amendments reassigned after the approval of the report, No. 2-1537/5. - Text adopted in plenary and subject to Royal Assent, No. 2-1537/6.
Annales of the Senate: April 3, 2003.