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Law On The Recruitment Of Military Personnel And The Status Of Military Musicians And Amending Various Laws Applicable To The Staff Of Defense (1)

Original Language Title: Loi relative au recrutement des militaires et au statut des musiciens militaires et modifiant diverses lois applicables au personnel de la Défense (1)

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belgiquelex.be - Carrefour Bank of Legislation

27 MARCH 2003. - Act respecting the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel (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 78 of the Constitution.
PART Ier. - Military recruitment
CHAPTER Ier. - General provisions
Art. 2. The recruitment of military candidates covers the opening of places and the registration, selection, incorporation and engagement of applicants.
Art. 3. For the purposes of this title, the following must be understood:
1° "military candidate":
- Military candidate of the active framework referred to in Article 2, paragraph 1er1°, of the Act of 21 December 1990 establishing the status of military candidates of the active framework;
- the auxiliary officer candidate;
- the short-term military candidate;
- military reserve candidate;
- the military musician candidate;
2° " vacant position": an open place within the armed forces for which a person may be recruited as a military, depending, where applicable, on the body, specialty and employment;
3° "Recruitment session": a well-determined set of vacancies characterized by the same category of staff, language regime and type of recruitment;
4° "registration": the approach by which a person, civil or military, communicates to the competent authority his decision to apply;
5° "applicant": the person, between the time that the person registers for a recruitment session and the time when the person acquires the status of a military candidate or, where applicable, where the recruitment process related to the registration is terminated;
6° "the Minister": the Minister of Defence.
CHAPTER II. - Recruitment
Art. 4. § 1er. The different types of recruitment are:
1° normal recruitment;
2° complementary recruitment;
3° special recruitment;
4° exceptional recruitment;
5° the recruitment of auxiliary officers;
6° the recruitment of short-term military candidates;
7° the recruitment of military reserve candidates.
§ 2. Regular recruitment is:
1° candidates career officers admitted to the Royal Military School, a higher industrial institute, the High School of Navigation or in the first year of study of the training of doctor in medicine, surgery and births, doctor in veterinary medicine, pharmacist, graduate in dental sciences, doctor, veterinary or dentist;
2° Quarry non-commissioned candidates admitted to a school of non-commissioned officers for a higher secondary education degree;
3° career non-commissioned candidates who hold a secondary education degree or a certificate of higher secondary education or at least equivalent level and are admitted to another organization other than that referred to in 2°;
4° volunteer career candidates.
Complementary recruitment is the recruitment, with a view to completing the number of career officer candidates for a promotion to a higher industrial institute, the High School of Navigation or during the candidate's studies career officer doctor, veterinarian, pharmacist or dentist.
Special recruitment is:
1st career officer candidates who are holders of a degree in university or higher education of a long type or at least equivalent level;
2° career non-commissioned candidates who hold a short-term higher education degree or at least equivalent level.
The exceptional recruitment is the recruitment, for supervisory purposes, of additional officer candidates, non-commissioned supplemental candidates and voluntary supplemental candidates.
Art. 5. § 1er. The Minister shall determine by recruitment session the number of vacancies. On this occasion, it specifies the particularities of vacancies that have a consequence on the selection of the applicant.
The Minister or the authority he designates for this purpose, within the limits of the open spaces, the transfer of unoccupied places within the same recruitment session or between two recruitment sessions.
The Minister or the authority that he designates for this purpose fixed by recruitment session, the priority that will be applied for the assignment of vacant positions to applicants when the same applicant meets the conditions of administration for different recruitment sessions.
§ 2. The King sets the rules for the publication of the recruitment sessions and the vacancies related to them.
§ 3. The King sets out the registration procedures.
Art. 6. § 1er. The applicant must have met the school requirement as defined in the Act of 29 June 1983 concerning the school requirement on the day he acquires the status of a military candidate, and may not have reached the age of 34 at 31 December of the recruitment year, or 26 years at the time of a pilot candidate.
However, paragraph 1er is not applicable to the applicant who acquires the status of a career non-commissioned candidate and is admitted to a non-commissioned school for a higher secondary education degree. This applicant must have attained the age of 16 on the day he acquires the status of a military candidate, and may not have attained the age of 20 as of December 31 of the recruitment year.
§ 2. Derogation from § 1erParagraph 1er, the King may set for certain recruitments that he determines, another maximum age limit, without it being less than 25 years.
Art. 7. § 1er. The applicant must meet the following conditions:
1° having not been permanently pensioned for physical incapacity or dismissed by reform;
2° have not been permanently dismissed from his employment by resigning from office, placing at the ex officio pension or termination of his or her appointment except for medical incapacity to the air service or for professional incapacity to the air service;
3° having not lost the quality of military candidate in the same category of personnel or in a lower category, during the ten months preceding the day on which he acquires the quality of military candidate.
§ 2. However, in derogation from § 1er, 2°, the applicant for air service may not have been permanently dismissed from his or her employment by resigning from office, on board or termination of his or her appointment for medical incapacity to the air service or for professional incapacity to the air service.
The condition referred to in § 1er, 3°, is not applicable to the applicant who has lost the status of short-term military candidate in accordance with the provisions of Article 14, § 1er, 1°, (a) or (c) , when insufficient appreciation results from a medical problem, and 5°, from the law of 20 May 1994 on the status of the military in the short term.
Art. 8. In order to acquire the status of a military candidate, the applicant must:
1° satisfying the requirements of Article 7;
2° be Belgian, or be a citizen of a member country of the European Union;
3° justifying essential moral qualities;
4° satisfying the conditions of study;
5° to meet the age conditions set out in Article 6;
6° satisfy selection tests;
7° be classified in accordance with the provisions of Article 11, § 2.
The non-Belge applicant must have complied with the militia legislation in force in his country of nationality.
Art. 9. Selection tests referred to in Article 8, paragraph 1er, 6°, include:
1° psychotechnical tests;
2 degrees of academic or professional knowledge;
3° of medical and physical fitness tests.
Some selection tests may in whole or in part take place abroad.
Art. 10. The King fixed:
1° the conditions of study;
2° the rules concerning the appreciation of moral qualities;
3° the selection tests, according to the staff category, the type of recruitment, and if applicable, according to the vacancy;
4° the rules according to which the applicant is valued during the selection tests, the duration of the results of these tests, without the latter being able to exceed two years, and the period that must be run before they can again present these tests;
5° the documents to be provided by the applicant who certify that he meets the conditions of nationality and studies, and that he justifies moral qualities.
Art. 11. § 1er. The Recruitment Commission shall be competent to:
1° the deliberation of selection, according to the needs of the armed forces and on the basis of the results of all selection tests;
2° the application of the classification model to deliberate applicants;
3° the allocation of vacant posts to applicants distributed in accordance with the provisions of § 2;
4° the evaluation of the results of the classification procedure.
§ 2. The applicants are distributed for vacant positions for which they apply, according to a classification model using a sequential parallel allocation method. The classification takes into account:
1° of the measurement of the suitability of applicants to the various vacancies;
2° the preferences of the applicants;
3° of the importance given to the occupation of the various vacancies.
The execution modalities, which include the content of the classification model, the calculation rules, criteria, weighting coefficients and the algorithm of the sequential parallel allocation method, are set out in a regulation by the Minister.
§ 3. the recruitment committee shall notify the person concerned of the assignment or non-assignment of a vacant position.
The applicant may appeal this decision. The appeal must be filed by registered letter to the position within seven calendar days of the notification of results.
§ 4. The King sets out the composition and functioning of the recruitment commission.
Art. 12. The applicant who participates in a selection test benefits from the free health care provided by the medical component.
Conditions for which this right to care may be exercised are limited to accidents, indispositions or diseases resulting from participation in a selection test.
Medical care is limited to emergency treatment, ambulatory or non-ambulatory, conditions referred to in paragraph 2, and may not exceed the time required to allow the applicant to return to his residence or to be transported to a civilian hospital of his or her choice in Belgium.
Art. 13. The applicant who participates in a selection test, enjoys food and, if necessary, housing, in charge of the State. The accommodation is available to the applicant by the Department of Defense.
Art. 14. At any time, a applicant may give up in writing for a vacant position. The authority designated by the King shall address the applicant with an acknowledgement of receipt of the renunciation.
Art. 15. It is definitively terminated the recruitment process for the applicant:
1° that renounces its application in accordance with the provisions of Article 14;
2° that does not appear on the date or place set to participate in the selection activities without any reason;
3° for which it is found that it does not satisfy or more with a condition set out in Articles 7 and 8;
4° that how fraud or attempted fraud.
The King shall designate the authority authorized to terminate the recruitment process in the cases referred to in paragraph 1er, 2° to 4. When it has decided to terminate the recruitment process, this authority shall notify the applicant of its decision.
CHAPTER III. - Call.
Art. 16. § 1er. The applicant may appeal to the Medical Appeals Board, a decision of medical incapacity resulting from a medical assessment of physical qualities.
The appeal must be filed by registered letter to the position within seven calendar days of notification of the medical incapacity decision.
§ 2. The medical appeal board shall rule on the appeal against a decision of medical incapacity referred to in § 1er. The Commission shall notify, by registered letter to the position, its decision to the person concerned.
§ 3. The King sets out the composition and operation of the medical appeal commission.
Art. 17. § 1er. The Recruitment Appeal Board shall rule on the appeal referred to in Article 11, § 3.
The Recruitment Appeal Board may either confirm the decision under appeal or assign a vacancy.
The Recruitment Appeal Board shall notify the person concerned by a registered letter to the position.
§ 2. The King sets out the composition and operation of the Appeal Board for Recruitment.
CHAPTER IV. - Incorporation, acquisition of the quality of military candidate and commitment
Art. 18. The applicant referred to in section 8 shall be summoned to a body of incorporation for incorporation.
The King sets out the modalities for convening and incorporation.
Art. 19. On the day of his incorporation, the applicant writes a written statement regarding his medical situation.
However, the applicant may be subjected to a medical screening to verify his or her medical fitness.
The King sets out the terms and procedure for the declaration and medical examination of control.
Art. 20. § 1er. As long as he is considered medically fit on the day of his incorporation, the applicant acquires the status of a military candidate on the day of his incorporation.
When it comes to a civilian, the acquisition of the quality of a military candidate results in the acquisition of the military quality. On this occasion, he is told that he is subject to military laws. The completion of this formality is recognized by the establishment of a document, signed by the applicant, in which he acknowledges that he is declared to him that he is subject to military laws, and that by this declaration he has acquired the military quality. In times of war, the fulfilment of this formality is recognized by all means of law.
§ 2. The acquisition of the quality of a military candidate is consecrated by the signing of an act of engagement, which the Minister sets the model. A copy of the completed certificate of engagement is provided to the relevant military candidate.
Depending on the case, in full right and on the date of the appointment, the undertaking entails the resignation of the employment of a career or supplemental member or the termination of any prior engagement or appointment as a member.
However, for the categories of military candidates it determines, the King may substitute for the signing of the act of engagement a simplified procedure, in which the acquisition of the quality of military candidate is dealt with on a document of which a completed copy is given to the military candidate.
§ 3. A minor who is not emancipated must justify the conscentration of the minor or those who exercise parental authority. This consent is given in the form of a certificate whose model is fixed by the King. The applicant domiciled abroad presents a document in lieu of the above-mentioned certificate.
§ 4. In times of war and in times of war, the commitments under way are extended in full right until the day fixed by the Minister and no later than the day fixed for the handover of the army on peace.
§ 5. The King fixed:
1° the rules relating to the acquisition of the quality of military candidate, the engagement procedure, and the simplified procedure referred to in § 2, paragraph 3;
2° the cases in which the applicant is authorized to acquire the candidate status at a later date and the maximum duration of the delay that may be allowed, without the applicant being more than 15 calendar days;
3° the competent authority to receive the document by which the applicant acknowledges that he is subject to military laws, as well as the act of engagement.
PART II. - The status of military musicians
CHAPTER Ier. - General provisions
Art. 21. Military musicians and candidates for military musicians are career soldiers of the active armed forces.
For the purposes of this title, the following must be understood:
1° "the Minister": the Minister of Defence;
2° "the musician candidate": the military musician candidate;
3° "the musician": the military musician;
4° "the promotion of reference": the promotion to which the musical officer or non-commissioned musician is assimilated to set the effective date of the appointment to the rank, respectively, of lieutenant musician or first musical sergeant.
Art. 22. Are musicians :
1° the officers chief of music;
2° the non-commissioned musicians.
The candidate musicians are the applicants who acquire the status of candidate as an officer musician or non-commissioned musician to attend training for their admission respectively as an officer musician or as a non-commissioned musician.
Art. 23. All statutory and regulatory provisions relating to the status of career officers are applicable to the candidate officer-in-chief and to the music officer-in-chief and all statutory and regulatory provisions relating to the status of career non-commissioned officers are applicable to the non-commissioned musician candidate and non-commissioned musician, provided that these provisions are not inconsistent with the provisions of this Act and provided that the regulatory provisions are not inconsistent with the regulations made in effect.
However, the statutory and regulatory provisions relating to the status of career non-commissioned officers on social promotion are not applicable to the musical non-commissioned officer.
Art. 24. There is equivalence between each of the ranks of the musician candidate and the musician and the corresponding rank of the soldiers of the land force, the air force, the navy and the medical service.
Art. 25. The provisions of the co-ordinated military pension laws and coordinated compensation laws are applicable to the musician candidate and musician.
CHAPTER II. - Training of the music candidate
Art. 26. The training cycle of the musician candidate lasts two years and consists of a period of professional training and an internship period.
The conditions to be met in order to succeed in this training cycle, the rules relating to the appraisal of moral, professional, material and physical qualities during this training cycle and the rules relating to classification are those to be fulfilled by or applicable to military career candidates of the active, special recruitment, of the same staff category.
The musician candidate who has contracted a commitment and who has not completed his training cycle within the specified time frame has entered into a rengagement that takes effect on the day that the current commitment comes to term, for a period expressed in whole years that corresponds to the training period that still needs to be followed.
The actual duration, programme, courses and examinations to be presented for each part of the training cycle and the modalities and organization of the training cycle are set out in a regulation decreed by the Minister.
Art. 27. The musician candidate may be required to receive his or her training in whole or in part in a foreign or multinational military establishment or in a civil establishment, in Belgium or abroad, when the latter is not organized within the armed forces. It is taken into account the regime of this institution with respect to the granting of a dispensation or adjournment, the appreciation of professional qualities, the functioning of the deliberation commission and the measures to be taken by that commission. It follows the programme and courses provided for in the establishment and presents the planned reviews. Before the start of the training cycle or part of the training cycle and during each modification, the musician candidate is informed in writing about this regime, the program, the courses and the exams, as well as the conditions of success.
Art. 28. The musician candidate may be dispensed by the authority designated by the King of Parts of Training or Courses if he or she has previously successfully completed these parts of the training, these courses or parts of training or equivalent courses, according to the procedure established for military candidates of the active framework.
Art. 29. The provisions relating to:
1° temporary employment withdrawal by career interruption;
2° voluntary working regime of the week of four days.
Art. 30. A musical candidate who, as a result of a suspension by measure of order, preventive detention or temporary withdrawal of employment by disciplinary measure, for health reasons, as a result of pregnancy or for personal convenience, is or was unable to prepare or present themselves for certain examinations or tests or to follow or perfect certain parts of the training may obtain from the authority designated by the King an active candidate
An adjournment for personal convenience is considered a temporary withdrawal of employment for personal convenience.
Subject to the granting of an adjournment for personal convenience, the statutory and regulatory provisions applicable to career soldiers in respect of temporary withdrawal of employment for personal convenience, parental protection, temporary withdrawal of employment for family reasons, leave for care to a seriously ill parent and leave for palliative care are not applicable to the musician candidate.
The statutory and regulatory provisions applicable to career soldiers in the area of preventive detention, suspension by order and temporary withdrawal of employment by disciplinary measure apply to the musician candidate provided that the maximum duration of the adjournment is not exceeded.
Art. 31. § 1er. The musician candidate is dressed as a soldier musician as soon as the quality of the musician candidate is acquired.
§ 2. In the hierarchical order below, the musician candidate may be commissioned at the following grades, according to the rules that the King fixes:
1° the candidate music officer:
(a) musician adjutant;
(b) Deputy Chief Music Officer;
(c) Lieutenant Chief Music Officer;
2° the non-commissioned musician candidate:
(a) Musical sergeant;
(b) First musician sergeant.
§ 3. The candidate for music chief and the non-commissioned musician who successfully completed the training referred to in section 26 are appointed respectively to the rank of lieutenant music chief and first musical sergeant, on the date fixed by the King.
Art. 32. Training as a musician candidate ends in the following cases:
1° by the admission of the musician candidate as a musician;
2° by the loss of the quality of musician candidate.
Art. 33. The quality of a musician candidate is withdrawn by the King or by the authority he designates for this purpose when the musician candidate:
1° is considered to have permanently failed as a result of insufficient evaluation of professional, material, or physical qualities in terms of physical condition;
2° is declared in full right as having failed definitively because it does not continue its formation, without valid reason;
3° no longer meets the requirements of medical physical qualities;
4° no longer possesses the required moral qualities;
5° is pensioned for physical inability;
6° signs a commitment in another quality or acquires another quality in the active environment, in any military status;
7° is no longer a citizen of a Member State of the European Union or when a decision is made to depart from the territory, return or expulsion, pursuant to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens.
Art. 34. The quality of a musician candidate is withdrawn at the request of the candidate by the King or by the authority he designates for that purpose, according to the procedure provided for the termination of the undertaking at the request of the military candidate of the active frame.
Art. 35. The quality of a musician candidate may be withdrawn by the King or by the authority he designates for that purpose, according to the procedure provided for the ex officio realization of the engagement of the military candidate of the active frame, if the musician candidate:
1° acquired this quality on the basis of a false statement;
2° is sentenced, with or without a stay, to a military imprisonment of at least one month from the head of an offence punishable by the Military Penal Code;
3° was guilty of serious acts incompatible with his military state or where his conduct or manner of service is bad.
Art. 36. The competent authority to pronounce the loss of the quality of the musician candidate is, if any, also competent to pronounce the right termination of the undertaking or rengagement and the right withdrawal of the grade in which the musician candidate is commissioned, which are the consequences.
A musician candidate who loses this quality and who, prior to the acquisition of it, was not part of the reserve framework or was not on unlimited leave, is sent on final leave.
CHAPTER III. - Musician
Section 1re- Officer Chief Music Officer
Art. 37. The music officer is attached to a reference promotion, as set for the special recruitment career candidate.
Art. 38. The ranks of the officers heads of music follow in the following hierarchical order:
1st Lieutenant Chief Music Officer;
2° master music leader;
3° master-commandant chef de musique.
However, in exceptional cases that must be reported, the King may commission, in a precarious manner, a music officer at the rank of major music leader.
Art. 39. The advancement of the officer music leader takes place in the body of the musicians.
Art. 40. The music officer cannot be transferred to another body at his request.
Art. 41. The minimum seniority in the immediately lower rank for the rank advancement of the music officer is the career advancement of the terrestrial force.
Section II. - Musical officer
Art. 42. The musical non-commissioned officer is attached to a reference promotion, as established for the non-commissioned career candidate for special recruitment.
Art. 43. The ranks of non-commissioned musicians succeed in the following hierarchical order:
1° non-commissioned musicians:
(a) First musical sergeant;
(b) first musical sergeant;
2° elite non-commissioned musicians:
(a) First sergeant-major musician;
(b) musician adjutant;
3° non-commissioned superior musicians :
Art. 44. The advancement of the musical non-commissioned officer takes place in the body of the musicians.
Art. 45. The musical non-commissioned officer cannot be transferred to another body at his request.
Art. 46. § 1er. The appointments to the ranks referred to in section 43 shall be held in seniority, among the non-commissioned musicians who meet the conditions set out in this Act, except for the appointment to the rank of under-leader of music and deputy head of desk.
However, the musical non-commissioned officer whose manner of service is not considered satisfactory may be exceeded in advance. The same is true of the non-commissioned musician who is not considered fit for the performance of the duties of the higher rank, when these functions are different from those of the rank of which it is applied.
The ability and manner of service are appreciated by the Minister. For the advancement of a non-commissioned musician from the rank of first sergeant-chef musician, the supervisors give their opinion on the interested person according to the rules and in the form applicable to career non-commissioned officers.
These opinions are brought to the attention of the interested party. No unfavourable notice may be transmitted to the Minister without the interested party being able to submit its justifications.
When assessing, it is taken into account:
1° of the knowledge available to the individual, acquired as a result of training and experience;
2° of the professional, material and physical skills of the individual;
3° of the person's attitudes towards all service obligations related to the duties of the higher grade.
§ 2. The outdated non-commissioned musician may be re-examined. It must be the first time in the two years of active service as of the first review, and the last time in the fifth year of active service.
The musical non-commissioned officer who was not promoted after the latter examination no longer participates in the advancement.
Art. 47. The minimum seniority in the immediately lower rank for the grade advancement of the musical non-commissioned officer, with the exception of the music sub-leader, is that of the career non-commissioned officers.
Art. 48. No one can be appointed to the rank of first sergeant-major musician if he has not satisfied a review.
Art. 49. The musical non-commissioned officer who has not passed the examination referred to in section 48 or who has renounced the examination, shall be appointed to the rank of first musical sergeant if he has seniority in the rank of first musical sergeant as required by a first career non-commissioned sergeant.
The non-commissioned officer who has met this examination is not appointed to the rank of first sergeant-leader musician before his appointment to the rank of first sergeant-major musician.
Art. 50. No one may be appointed to the rank of Chief Warrant Officer if he or she has at least ten years of seniority as a musician non-commissioned officer and has not satisfied an examination.
Art. 51. The King sets out the tests of the examinations referred to in Articles 48 and 50, the conditions for success, and the conditions that must be met in order to be able to participate and the modalities for their organization.
Art. 52. Without prejudice to the application of section 50, the rank of deputy head of desk shall be awarded to the Minister's choice, following an assessment of the merits of the candidates in accordance with the rules applicable to career non-commissioned officers.
During the evaluation, the potential of the interested party is taken into account in relation to the duties of the higher grade and specifically:
1° of the knowledge available to the individual, acquired as a result of training and experience;
2° of the professional, material and physical skills of the individual;
3° of the person's attitudes towards all service obligations related to the higher rank.
Art. 53. The rank of Assistant Chief Music Officer is awarded to candidates in order for a competition.
The Minister sets, before the opening of each contest, the number of jobs to be conferred, depending on the needs of the musicians. This number is communicated to stakeholders.
The King sets out the tests of this contest, their important factors and the modalities for his organization.
In order to be able to participate, the musician must have passed the examination referred to in section 48, his manner of service must be deemed satisfactory and must be deemed fit for the performance of the duties of that rank.
The ability and manner of service are appreciated by the Minister. The supervisors give their opinion on the interested person according to the rules and in the form applicable to career non-commissioned officers.
These opinions are brought to the attention of the individual. No unfavourable notice may be transmitted to the Minister without the interested party being able to submit its justifications.
When assessing, it is taken into account:
1° of the knowledge available to the individual, acquired as a result of training and experience;
2° of the professional, material and physical skills of the individual;
3° of the person's attitudes towards all service obligations related to the duties of the higher grade.
CHAPTER IV. - Transitional provisions
Section Ire. - Transitional provisions concerning volunteer military career musicians
Art. 54. The Minister organizes a passing test for volunteer career military musicians who are on active service on the date of entry into force of this provision.
A volunteer career musician who succeeds the passing test referred to in paragraph 1er is appointed musician sergeant and is admitted as a musician non-commissioned officer on the first day of the month following the success of the latter.
He obtains the salary scale that is granted to non-Music non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned non-commissioned officers at level 2.
A volunteer career musician who succeeds the passing test referred to in paragraph 1er may only be appointed to the ranks of subordinate non-commissioned musicians.
Without prejudice to the application of section 46, the musician sergeant may be appointed to the rank of first musical sergeant as soon as he reaches a seniority in the rank of 4-year-old musical sergeant.
The King shall establish the enforcement measures necessary for the application of this provision.
Art. 55. The fourth-class musician, who finally failed the passing test referred to in article 54, paragraph 1er, is appointed on the first day of the month following this failure, to the rank of corporal-leader with the seniority he has in the rank of fourth-class musician-leader. However, if he has at least eight years of seniority in the rank of fourth-class musician-leader, he may be appointed, with retroactive effect as of April 17, 2001, to the rank of first corporal-leader.
Section II. - Transitional arrangements for non- Career Officer military musicians
Art. 56. The Minister shall conduct a review for the passage to level B of non-commissioned military musicians who are in service on the effective date of this provision.
Is exempt from the examination referred to in paragraph 1er, the non-commissioned military musician holding one of the following diplomas:
1° a first prize diploma or certificate;
2° a master's degree in music;
3° a higher degree in a music discipline;
4° a degree in a musical discipline that is at least equivalent to a degree in higher education of a short type;
5° a degree or certificate recognized at least equivalent to that referred to in 1°, 2°, 3° or 4°, by or under a law, a decree, a European directive, a bilateral agreement or an international convention.
The non-commissioned military musician who passes the examination referred to in paragraph 1er or exempted under paragraph 2, shall, on the date fixed by the King, obtain the respective salary scales granted to the non-Music officer of the same grade B.
Art. 57. At the effective date of this provision, the grade appeal shall be amended, with the retention of seniority:
1° in "Music sergeant" for the member dressed in the rank of "third class musician";
2° in "first musician sergeant" for the member dressed in the rank of "second class musician";
3° in the "first sergeant-major musician" for the military, ranked as "first-class musician";
4° in "Music adjutant" for the military dressed in the rank of "Music subchef".
Art. 58. Without prejudice to the application of section 46, the musician sergeant may be appointed to the rank of first musical sergeant as soon as he reaches a seniority in the rank of 3-year musician sergeant.
Art. 59. Without prejudice to the application of section 46, if the first musician sergeant, on the date of entry into force of this provision, has at least eight years of seniority in the rank of first sergeant, he may be appointed, with retroactive effect on April 17, 2001, to the rank of first musical sergeant.
The first musical sergeants and the first musical sergeants referred to in paragraph 1er, which have not yet presented twice the musical performance tests to be appointed first-class musician may, if they have not given up definitively and have not yet presented or presented only once the above-mentioned tests, participate respectively, again twice or once in the examination referred to in section 48.
Without prejudice to the application of section 46, the first musical sergeant who passes the examination referred to in section 48 may be appointed to the rank of first musical sergeant-major on the first day of the month following that in which he reached a minimum of six years in the rank of first sergeant but not earlier than the first day of the month following the successful examination.
Without prejudice to the application of section 46, the first musical sergeant who passes the examination referred to in section 48 may be appointed to the rank of first musical sergeant-major on the first day of the month following the successful completion of this examination.
Art. 60. The treatment of the musician adjutant who, on the day before the date of entry into force of this provision, benefits from the scale of treatment of music sub-leader, second or first soloist of the musicians of the Orchestre de la Musique royale des Guides cannot be at any time less than that of which he would have benefited in the rank of music sub-leader, second or first soloist of the musicians of the Orchestre de la Musique.
Art. 61. The Principal Music Assistant is appointed on the date of entry into force of this provision to the rank of Assistant Chief Music Officer.
Art. 62. The treatment of the Assistant Chief Music Officer who, on the day before the date of entry into force of this provision, benefits from the master music sub-chef processing scale, musicians of the Royal Music Orchestra of the Guides may not at any time be less than that of which he would have benefited in the rank of Principal Music sub-chef of the musicians of the Royal Music Orchestra.
PART III. - Amendment of various applicable laws
Defence personnel
CHAPTER Ier. - Amendment of the Act of 18 March 1838
Royal Military School
Art. 63. In the Dutch text of article 1erter , paragraph 4, of the Act of 18 March 1838 organic of the Royal Military School, inserted by the Act of 22 March 2001, the word " verbeterings" is replaced by the word " vervolmakings-".
Art. 64. In section 7 of the Act, replaced by the Act of 25 August 1920 and amended by the Acts of 16 March 1994 and 22 March 2001, the provisions of 1°, 2° and 3° of the heading "Education" are replaced by the following provisions:
"The teaching is entrusted to the teaching staff, whose status is laid down by law. "
Art. 65. In section 10 of the Act, paragraphs 2, 3, 4 and 5 are repealed.
Art. 66. Section 20 of the Act is replaced by the following provision:
"Art. 20. It is established within the School a board of development and instruction, an academic council and faculty councils, whose composition, skills and functioning are fixed by the King. "
CHAPTER II. - Amendment of the Act of 30 July 1939
concerning the use of languages in the army
Art. 67. In section 11 of the Act of 30 July 1938 concerning the use of languages in the army, replaced by the Act of 28 December 1990, the following amendments were made:
1° in paragraph 1er, the words "Director of Studies, as a member of the teaching staff or as an inspector of studies" are replaced by the words "Director of Academic Education, as a member of the teaching staff or as Director of Military and Sports Training";
2° in paragraph 2, the words "the Civil Director of Education and the Civil Members of the Teachers" are replaced by the words "The Civil Director of Academic Education and Civil Teachers".
CHAPTER III. - Amendment of the Act of 23 December 1955
relating to the status of Auxiliary Air Force Officers,
drivers and browsers
Art. 68. Section 3 of the Act of 23 December 1955 on Auxiliary Officers of Air Force, Pilots and Mariners is replaced by the following provision:
“Art. 3. The auxiliary officer candidate undertakes to remain in active service for a period of thirteen years, as prescribed by the King. "
Art. 69. Section 3bis of the Act, inserted by the Act of March 22, 2001, is repealed.
Art. 70. An article 9bis, as follows, is inserted in the same law:
"Art. 9bis . The auxiliary officer shall be deprived of his or her employment without the intervention of a board of inquiry if he or she is sentenced without condition to the prohibition, even temporary, of any of the rights referred to in section 31, 1 and 6 of the Criminal Code. "
CHAPTER IV. - Amendment of the law of 1er March 1958 relating to the status of career officers and reserve officers of the armed forces
Art. 71. The title of Chapter Ier Act of 1er March 1958 relating to the status of career officers and reserve officers of the armed forces, is replaced by the following title:
“Chapter Ier. - General provisions."
Art. 72. Article 1erParagraph 1erthe same Act, as amended by the Acts of 21 December 1990 and 22 March 2001, are amended as follows:
1° the provisions at 1° and 2° are repealed;
2° to 5°, the words "Articles 2 and 5" are replaced by the words "Article 2".
Art. 73. In section 2, 2°, of the same law, inserted by the law of July 13, 1976, the words "or doctor in veterinary medicine" are replaced by the words ", doctor in veterinary medicine, doctor, veterinary or dentist".
Art. 74. Section 5 of the Act, as amended by the Act of 21 December 1990, is repealed.
Art. 75. Section 8 of the Act, as amended by the Acts of 27 December 1973, 13 July 1976 and 22 March 2001, are amended as follows:
1° to § 1erParagraph 1er, 1°, the words "and in the body of the musicians" are deleted;
2° § 2, paragraph 1er, 2°, is replaced by the following text:
"2° Chief of Defence. "
Art. 76. Article 11, § 1er, 1°, of the same law, the words "the loss of Belgian nationality" are replaced by the words "the loss of nationality as a consequence that the member is no longer a citizen of a Member State of the European Union, or the decision to depart from the territory, to return or to expulsion, pursuant to the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners".
Art. 77. In article 12bis , § 2, paragraph 2, 2°, of the same law, inserted by the law of 20 May 1994, the words "or a social promotion to a category of superior staff" are deleted.
Art. 78. Section 12ter of the Act, inserted by the Act of 20 May 1994 and amended by the Act of 22 March 2001, is replaced by the following provision:
"Art. 12ter . The General Officer proposed by the Council of Ministers for the employment of Chief of Defence shall be appointed to that position by the King.
The duration of this term is four years. "
Art. 79. Section 14 of the Act, as amended by the Acts of 28 December 1990 and 25 May 2000, is replaced by the following provisions:
“Art. 14. The temporary withdrawal of employment shall take place only in the following cases:
1° at the request of the officer:
(a) for personal convenience;
(b) by career interruption;
(c) for family reasons;
2° imposed by the authority:
(a) for health reasons;
(b) by disciplinary measure;
(c) by suspension by order. "
Art. 80. In section 15 of the Act, as amended by the Acts of 28 December 1990, 20 May 1994 and 25 May 2000, the following amendments are made:
1° in paragraph 3, the words "on own request" are replaced by the words "for personal convenience";
2° paragraphs 4, 5 and 6 become Article 14bis of the same law.
Art. 81. In article 15bis of the same law, inserted by the law of 25 May 2000, § 3 is repealed.
Art. 82. An article 23bis, as follows, is inserted in the same law:
"Art. 23bis . The officer shall be deprived of his or her employment without the intervention of a board of inquiry if he or she is sentenced without condition to the prohibition, even temporary, of any of the rights referred to in article 31, 1 and 6 of the Criminal Code. "
CHAPTER V. - Amendment of the Act of 27 December 1961
Status of non-commissioned officers
of the armed forces
Art. 83. Article 14, § 1er, 1°, of the law of 27 December 1961 relating to the status of non-commissioned officers of the active framework of the armed forces, the words "The loss of Belgian nationality" are replaced by the words "The loss of nationality as a result of the fact that the member is no longer a citizen of a Member State of the European Union, or the decision to depart from the territory, return or expulsion, pursuant to the law of 15 December 1980 on the stay
Art. 84. Section 16 of the Act, as amended by the Acts of 28 December 1990 and 25 May 2000, is replaced by the following provision:
“Art. 16. The temporary withdrawal of employment shall take place only in the following cases:
1° at the request of the non-commissioned officer:
(a) for personal convenience;
(b) by career interruption;
(c) for family reasons;
2° imposed by the authority:
(a) for health reasons;
(b) by disciplinary measure;
(c) by suspension by order. "
Art. 85. In section 17 of the Act, as amended by the Acts of 28 December 1990, 20 May 1994 and 25 May 2000, the following amendments are made:
1° in paragraph 3, the words "on own request" are replaced by the words "for personal convenience";
2° paragraphs 4 and 5 become section 16bis of the same law.
Art. 86. In article 17bis of the same law, inserted by the law of 25 May 2000, § 3 is repealed.
Art. 87. An article 25bis, as follows, is inserted in the same law:
"Art. 25bis . The non-commissioned officer shall be deprived of his or her employment without the intervention of a board of inquiry if he or she is sentenced without condition to the prohibition, even temporary, of any of the rights referred to in section 31, 1 and 6 of the Criminal Code. "
Art. 88. Is repealed in the same Act, Chapter VII of Title II containing the following articles:
1° Article 41, replaced by the Act of 20 May 1994;
2° section 42, replaced by the Act of 22 March 2001;
3° Articles 43, 45 and 46, as amended by the Act of 20 May 1994;
4° Article 44, replaced by the Act of 21 December 1990 and amended by the Act of 22 March 2001.
CHAPTER VI. - Amendment of the Act of 12 January 1970
the award of a special allowance
in the event of an aeronautical accident in peacetime
Art. 89. Article 4, paragraph 1er, 1°, of the Act of 12 January 1970 on the granting of a special allowance in the event of an aeronautical accident in peacetime, is replaced by the following text:
"1° the spouse if the person concerned is married, not separated from the body, or the person with whom the person concerned cohabits within the meaning of sections 1475 to 1479 of the Civil Code; "
CHAPTER VII. - Amendment of the Act of 12 July 1973
on the status of volunteers of the armed forces
Art. 90. Article 3, § 1er, 1°, of the Act of 12 July 1973 relating to the status of volunteers of the active framework of the armed forces, the words "the loss of Belgian nationality" are replaced by the words "the loss of nationality as a result of the fact that the member is no longer a citizen of a Member State of the European Union, or the decision to depart the territory, of expulsion or expulsion, pursuant to the law of 15 December 1980 on access to the territory
Art. 91. Section 10 of the Act, as amended by the Acts of 28 December 1990 and 25 May 2000, is replaced by the following provision:
“Art. 10. The temporary withdrawal of employment shall take place only in the following cases:
1° at the request of the volunteer:
(a) for personal convenience;
(b) by career interruption;
(c) for family reasons;
2° imposed by the authority:
(a) for health reasons;
(b) by disciplinary measure;
(c) by suspension by order. »
Art. 92. In section 11 of the Act, as amended by the Acts of 28 December 1990, 20 May 1994 and 25 May 2000, the following amendments are made:
1° in paragraph 3, the words "on own request" are replaced by the words "for personal convenience";
2° paragraphs 4 and 5 become Article 10bis of the same law.
Art. 93. In article 11bis of the same law, inserted by the law of 25 May 2000, § 3 is repealed.
Art. 94. An article 18quinquies, as follows, is inserted in the same law:
"Art. 18quinquies . The volunteer is deprived of his or her employment without the intervention of a board of inquiry if he or she is sentenced without condition to the prohibition, even temporary, of one of the rights referred to in article 31, 1 and 6 of the Criminal Code. "
Art. 95. Is repealed in the same Act, Chapter VII containing the following articles:
1st section 21, replaced by the Act of 22 March 2001;
2° Article 21bis, inserted by the law of 21 December 1990 and amended by the law of 20 May 1994;
3° Article 22, replaced by the Act of 20 May 1994.
Art. 96. In article 22bis of the same law, inserted by the law of 13 July 1976 and amended by the law of 20 May 1994, the words ", including voluntary musicians," are deleted.
CHAPTER VIII. - Amendment of the Act of 14 January 1975
the regulation of discipline of the armed forces
Art. 97. Article 5, § 2, paragraph 1er, from the Act of 14 January 1975 concerning the regulation of discipline of the armed forces amended by the Act of 20 May 1994, the words "of the air force, which has authority over the military of the temporary framework" are deleted.
CHAPTER IX. - Amendment of the Act of 13 July 1976
Staffing
and the Staff Regulations of the Armed Forces
Art. 98. Section 53ter of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces, inserted by the Act of 28 December 1990, is replaced by the following provision:
“Art. 53ter . § 1er. A home leave is granted on the application to the member of the active active service, with the exception of the member who is performing benefits in the early-earning half-time or is on voluntary or automatic availability, who adopts a minor child.
The foster leave may be taken from the time the member provides an official certificate either of adoption or placement by a judge or of introduction of an adoption procedure and a certificate certifying that the child is registered in the register of the population of a municipality. This leave must be taken in the year following the child's reception.
Leave is not more than six weeks or more than four weeks, depending on whether the child received has not reached or reached the age of three years.
The maximum duration of the foster leave is doubled when the foster child is disabled and meets the conditions for the benefit of the family allowances under section 47 of the coordinated laws relating to the family allowances for employed workers or article 26 of the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers.
In the event of multiple adoption, leave is granted for each child.
For the purposes of this article, informal guardianship is assimilated to adoption.
Reception leave is paid and is equivalent to an active service period.
§ 2. In the event of a mobilisation or during a war, the military cannot obtain a reception leave.
Reception leave automatically ends, without notice, in times of war or in case of mobilization. "
Art. 99. An article 53quinquies, as follows, is inserted in section 2bis of Chapter IV of the Act:
"Art 53quinqies . § 1er. As long as the interest of the service does not oppose it, the Minister of Defence may grant parental protection leave to the member who so requests, in order to allow him to devote himself to his family when a child is born or adopted.
§ 2. By birth or adoption, multiple or not, a single parental leave may be granted, for a maximum of three months. At the request of the member, this period is reduced to one or two months.
In the case of a birth, leave must begin before the child concerned reaches the age of 4.
However, where the child is physically or mentally incapacitated at least 66% within the meaning of the Family Allowance Regulations, leave must begin before the child reaches the age of 8.
In the case of an adoption, the leave must begin in the 4-year period that runs from the registration of the child as a family member in the register of the population or in the register of foreigners in the commune where the member has his residence, and before the child reaches the age of 8.
§ 3. The member concerned is not entitled to treatment. However, it receives an interruption allowance at the rates and conditions set for federal public service personnel.
§ 4. The King sets out the procedures for requesting and granting parental leave. "
Art. 100. In section 54 of the Act, paragraph 5 is repealed.
Art. 101. The title of section 4 of chapter IV of the Act is supplemented as follows: "and leave for care to a seriously ill parent."
Art. 102. An article 54bis, as follows, is inserted in section 4 of the chapter of the Act:
"Art. 54bis . § 1er. As long as the interest of the service does not oppose it, the Minister of Defence may grant leave for care to a seriously ill parent to the member who requests it, in order to provide care to a parent with a serious illness.
For the purposes of this article, the following means:
1° "parent":
(a) a member of the military household, that is, any person who cohabits with the member;
(b) a member of the family of the member or his or her spouse or cohabitant, both ascendants and descendants and collateral, to the second degree;
2° "serious illness": any illness or medical intervention that is considered to be such by the attending physician, except for a terminally ill disease, and for which the doctor is of the opinion that any form of care or social, family or moral assistance is necessary for convalescence.
§ 2. The evidence of the reason for the leave is provided by the member concerned by means of a certificate issued by the physician dealing with the parent with a serious illness, which indicates that the member concerned is willing to assist or provide care to that parent.
§ 3. Leave may be taken by minimum periods of one month and not more than three months, consecutive or non-consequential, and renewable up to twelve months per parent with a severe illness and thirty-six months during the military's career.
At the request of the member, the leave shall be terminated before the expiry of the leave.
§ 4. The member concerned is not entitled to treatment. However, it receives an interruption allowance at the rates and conditions set for federal public service personnel.
§ 5. The King sets out the procedures for requesting and granting leave for care to a seriously ill parent. "
CHAPTER X. - Amendment of the law of 11 July 1978 organizing relations between the public authorities and the trade unions of the military personnel of the land, air and naval forces and the medical service
Art. 103. In Article 1er§ 1erParagraph 1er, from the law of 11 July 1978 organizing the relations between the public authorities and the trade unions of the military personnel of the land, air and naval forces and the medical service, replaced by the law of 24 March 1999, the words "enterprising the career or complementarity framework or performing service services through "commitments or re-engagements" are replaced by the words "active framework".
Art. 104. In article 15, § 3, paragraph 5, of the same law, replaced by the law of 2 August 2002, the words "military musicians candidates" are inserted between the words "military candidates of the active framework" and the words "advice officer candidates".
CHAPTER XI. - Amendment of the Act of 21 December 1990
Status of active military candidates
Art. 105. The Act of 21 December 1990 on the Status of Military Candidates of the Active Framework is repealed:
1° Article 9, as amended by the Act of 20 May 1994;
2° Article 9bis, paragraph 3, inserted by the law of 22 March 2001;
3° Articles 10, § 1erParagraph 1er1° and 4°, and § 2, 11, 12 and 13, as amended by the Act of 20 May 1994;
4th article 13bis, inserted by the law of 22 March 2001;
5° Article 14;
6° Article 15, paragraph 2, replaced by the Act of 20 May 1994;
7° Articles 16 and 19, as amended by the Act of 20 May 1994.
Art. 106. The following amendments are made to section 2 of the Act:
1° to paragraph 1er, 1°, the words "the Belgians" are replaced by the words "the ones who";
2° Paragraph 2, as amended by the Act of 20 May 1994, is supplemented by the following words:
"as long as he signs an act by which he undertakes to remain in service for a period, expressed in whole years, which corresponds to the duration of formation, defined by the King, if need is rounded up. The candidate receives a copy of the undertaking he has signed.
Art. 107. Section 5bis of the Act, inserted by the Act of 20 May 1994 and amended by the Act of 25 May 2000, is replaced by the following provision:
"Art. 5bis . Subject to the granting of an adjournment for personal convenience, the statutory and regulatory provisions applicable to career soldiers in respect of temporary withdrawal of employment for personal convenience, parental protection, temporary withdrawal of employment for family reasons, leave for care to a seriously ill parent and leave for palliative care are not applicable to candidates.
The statutory and regulatory provisions applicable to career soldiers in respect of preventive detention, suspension by order and temporary withdrawal of employment by disciplinary measure apply to candidates provided that the maximum duration of the adjournment is not exceeded. "
Art. 108. In section 17 of the Act, as amended by the Act of 20 May 1994, the following amendments are made:
1° in paragraph 1erthe words "subject to section 2, paragraph 2," are inserted between the words "commitment" and "or";
2° in paragraph 2, the words "of commitments and" are replaced by the words "of the undertaking referred to in section 2, paragraph 2, and "of".
Art. 109. Section 18 of the Act, as amended by the Act of 20 May 1994, is replaced by the following provision:
“Art. 18. § 1er. The undertaking referred to in section 2, paragraph 2, shall take place by signing the act on the day the candidate begins his or her training.
This act puts an end to any prior commitment or commitment on its date.
§ 2. The commitment will take place on the expiry of the commitment. "
Art. 110. Article 21, § 5, paragraph 1erin the same Act, the words "subsections 11, paragraph 2, 12, paragraph 2, 1 and paragraph 3, as well as section 13, paragraph 2" are replaced by the words "subsection 2, paragraph 1er1°".
Art. 111. Section 24, § 6, of the Act, replaced by the Act of 2 August 2002, is replaced by the following provision:
Ҥ 6. Under the conditions, for the duration and according to the procedure that the King fixes, a candidate who, as a result of a suspension by measure of order, preventive detention or temporary withdrawal of employment by disciplinary measure or for health reasons, following a pregnancy or for personal convenience, finds himself or herself unable to prepare or present himself or herself for certain examinations or tests or to follow or perfect certain parts of the King
An adjournment for personal convenience is considered a temporary withdrawal of employment for personal convenience. "
Art. 112. The following amendments are made to section 25 of the Act:
3° in paragraph 1er5°, the words "General Staff" are replaced by the words " Defence Staff";
4° in paragraph 1er, 7°, the words "loss Belgian nationality" are replaced by the words "is no longer a citizen of a Member State of the European Union, or when it is the subject of a decision to distance the territory, to return or to expulsion, pursuant to the law of 15 December 1980 on access to the territory, the residence, the establishment and the removal of foreigners".
CHAPTER XII. - Amendment of the Act of 16 March 1994
Status and remuneration of civilian teachers
Royal Military School
Art. 113. The title of the Act of 16 March 1994 relating to the status and remuneration of civilian teaching staff of the Royal Military School is replaced by the following title:
"Act respecting the status and remuneration of the teaching staff of the Royal Military School".
Art. 114. Article 1er the Act is replaced by the following provision:
“Article 1er. § 1er. The teaching staff of the Royal Military School consists of military teaching staff and civilian teaching staff.
Military teaching staff includes military repeaters, military language teachers, military lecturers and military professors.
Civilian teachers include repeaters, language teachers, principal language teachers, lecturers, teachers, teachers and ordinary teachers.
The teaching staff of the Royal Military School enjoys academic freedom.
The teaching staff of the Royal Military School is appointed and revoked by the King.
§ 2. Lecturers, military lecturers, professors, military professors and ordinary professors give academic education.
The ordinary professors lead a coherent set of teaching and research in a specific discipline, ensure the development of research and are responsible for the scientific activities of this ensemble.
Lecturers, military lecturers, professors and military professors are responsible for a mission of teaching and research in a specific discipline.
Language teachers, masters of military language and masters of primary language provide language courses in the Royal Military School program.
Military repeaters and repeaters assist other teachers in their teaching mission.
§ 3. The number of lecturers, military lecturers, teachers, military professors and ordinary teachers is 59.
In the civil teaching staff, the number of lecturers, teachers and ordinary teachers is at least 39 and at most 59. The number of ordinary teachers and teachers is not more than 26.
The total number of language masters, masters of military languages and masters of major languages is not more than 7. "
Art. 115. Section 2 of the Act is replaced by the following provision:
“Art. 2. Teachers, military professors and ordinary professors at the Royal Military School carry a full-tempered charge.
A full-time charge includes teaching and research activities. It can also include community service activities. The teaching activity may include courses, practical work, exercises, seminars, completion of work, as well as participation in examinations, examination panels and deliberations.
The King may appoint foreign nationals as a course manager, in charge of military courses, professor, military professor or ordinary professor, when the interest of teaching demands it.
The Academic Council of the Royal Military School sets the charge of each course manager, in charge of military courses, professor, military professor or ordinary teacher, and assigns the full-time or part-time character of the charge of each course officer and in charge of military courses. He communicates his decision to the Minister of Defence.
Lecturers, professors and ordinary professors who exercise a full-tempered charge may exercise other retributed activity only with the authorization of the Minister of Defence. This authorization is revocable when the general interest of the service is compromised, according to the procedure established by the King. This retributed activity cannot be carried out more than two half days a week.
Any proposal to revoke this authorization shall be communicated to the recipient, who shall have a period of thirty days to submit his comments in writing.
In the event that a course officer or a military course officer would exercise a part-time charge not limited exclusively to teaching activities, the academic council of the Royal Military School sets the percentage that this charge represents in relation to a full-time charge. He communicates his decision to the Minister of Defence. "
Art. 116. An article 2bis, as follows, is inserted in the same law:
“Art. 2bis . § 1er. Can be appointed as a military lecturer, the military repeater who has passed the professional examinations for the advancement to the rank of major, holder of a doctor's degree or diploma of the higher education, or holder of the military administrator's patent, the higher patent of the military administrator, the higher patent of the staff or the military engineering patent, and also possessing the in-depth knowledge of the French and the Dutch, in accordance with the provisions of July 19
Prior to any appointment as a military course officer, the Academic Council of the Royal Military School issues a reasoned opinion, after consulting the relevant faculty councils.
It is taken into account the scientific value and scientific activity of the candidate, the quality of his participation in teaching and his seniority as a military repeater.
§ 2. Can be appointed a military professor on the proposal of the academic council of the Royal Military School after consultation with the relevant faculty councils, the lecturer who has been in full-time employment for at least seven years.
It is taken into account the value and scientific activity of the candidate, the quality of his participation in teaching and his seniority as a military lecturer.
§ 3. Can be appointed a master of military language the holder of a doctor's or graduate's degree and associate of higher secondary education in the specialty required for employment.
A dispensation of aggregation may be granted by the King to persons who have demonstrated special jurisdiction.
§ 4. Can be named military repeater the holder of the engineering degree or Licensee.
Art. 117. Section 3 of the Act is replaced by the following provision:
“Art. 3. § 1er. Can be appointed as a lecturer, the holder of a doctor's or higher education degree.
Prior to any appointment as a lecturer, the Academic Council of the Royal Military School issues a reasoned opinion after consulting the relevant faculty councils.
§ 2. A professor may be appointed, on the proposal of the Academic Council of the Royal Military School, after consultation with the relevant faculty councils, the lecturer who has held a full-time charge for at least seven years in respect of one of the subjects provided for in the program of the Royal Military School, in a university faculty or as a lecturer or military lecturer at the Royal Military School.
Can be appointed ordinary professor, on the proposal of the academic council of the Royal Military School, after consultation with the relevant faculty councils, the professor who has been at least one full-time charge for one of the subjects provided for in the program of the Royal Military School, in a university faculty or as a member of the civil teaching staff at the Royal Military School.
It is taken into account the scientific value and scientific activity of the candidate, the quality of his or her participation in teaching and his or her seniority respectively as a lecturer or military course manager, or as a professor.
§ 3. Can be appointed as a language master, holder of a doctor's degree or graduate and associate of higher secondary education.
A dispensation of aggregation may be granted by the king to persons who have shown special jurisdiction.
May be appointed master of the primary language, on the advice of the Commander of the Royal Military School, the language master who for at least four years has given as a language teacher at least eight hours a week to the Royal Military School, including practical exercises.
It is taken into account the scientific value and scientific activity of the candidate, the quality of his participation in the teaching and his formerity as a language master.
The King sets the administrative status of the principal language masters and masters.
§ 4. Can be named a repeater, the holder of the engineering degree or Licensee.
The King sets the administrative status of repeaters.
§ 5. The King sets out the rules of discipline of the civilian teaching staff of the Royal Military School. "
Art. 118. An article 3bis, as follows, is inserted in the same law:
"Art. 3bis . Aside from the teaching staff of the organic framework, the Royal Military School may use temporary staff in charge of a mission of teaching, study or information, when the interest of teaching demands it.
These staff members may be in charge of courses, in charge of military courses, professors, military professors or ordinary professors. They must meet the same degree conditions as the teaching staff of the organic framework.
When it comes to military personnel, they accumulate the mission referred to in paragraph 1er with their main mission. "
Art. 119. The following amendments are made to section 5 of the Act:
1° the words "Director of Studies" are replaced by the words "Director of Academic Education";
2° the article is supplemented by the following paragraph:
"The Director of Academic Education is appointed and revoked by the King. "
Art. 120. An article 6bis, as follows, is inserted in the same law:
"Art. 6bis . Members of the teaching staff serving at the Royal Military School prior to the effective date of this section shall be deemed to have fulfilled the conditions of appointment set out in this Act. "
CHAPTER XIII. - Amendment of the Act of 20 May 1994 on the status of military personnel
Art. 121. Section 97 of the Act of 20 May 1994 on the statutes of military personnel is amended as follows:
1° § 1er is replaced by the following provision:
« § 1er. In times of peace, the member is compensated, in accordance with the procedure and procedures established by the King, for the damage he suffers, as part of the performance of his duties, through extraordinary and unpredictable events.
The King shall designate the competent authority to determine the amount of compensation.
For the purposes of this section, damage shall be made, inter alia, to the spoliation, destruction or degradation caused to movable property, immovable property and to the digital property of which the member is the owner or owner, and which are indispensable for the performance of his or her duties. However, compensation for moral damage is not intended. »;
2° to § 2, paragraph 1erthe words "damage to property" are replaced by the word "damage";
3° to § 2, paragraph 2, the words "damage to property" are replaced by the word "damage".
CHAPTER XIV. - Amendment of the Act of 20 May 1994
Military Financial Rights
Art. 122. Section 2 of the Act of 20 May 1994 on the monetary rights of military personnel is amended as follows:
1° in § 1erParagraph 2 is replaced by the following paragraph:
"The King sets the scales of treatment within the following limits:
1st General Officers:
minimum amount: the minimum amount of salary scales applicable to federal public service management and supervision functions;
maximum amount: the maximum amount of salary scales applicable to federal public service management and supervision functions;
2° the other officers:
minimum amount: the minimum amount of salary scales applicable to staff of the B-level federal public services;
Maximum amount: the maximum amount of salary scales applicable to federal level A public service personnel;
3° the non-commissioned officers:
minimum amount: the minimum amount of salary scales applicable to federal level C public service personnel;
maximum amount: the maximum amount of salary scales applicable to federal level B public service personnel;
4° volunteers, except those referred to in Article 17:
minimum amount: the minimum amount of salary scales applicable to federal level D public service personnel;
maximum amount: the maximum amount of salary scales applicable to federal level D public service personnel."
2° § 2 is repealed.
Art. 123. The following amendments are made to section 3 of the Act:
1° in § 3bis , inserted by the law of 25 May 2000, the words "However, this member may claim an interruption allowance whose amount and conditions of grant are fixed by the King. are replaced by the words "However, it receives an interruption allowance at the rates and conditions set for federal public service personnel. »;
2° in § 3ter , inserted by the law of March 22, 2001, the words "However, this member may claim an interruption allowance whose amount and conditions of grant are identical to those provided for the non-activity member following a temporary withdrawal of employment by career interruption" are replaced by the words "However, he receives an interruption allowance at the public rates and conditions fixed for the service. »;
3° § 4, paragraph 1er, is completed as follows:
", without the amount being less than the minimum of means of existence, as referred to in section 2 of the Act of 7 August 1974 establishing the right to a minimum of means of existence. »;
4° § 4, paragraph 2, 1°, is replaced by the following text:
"1° the member who executes his sentence under the regime of semi-detention, weekend arrests, semi-freedom, or electronic surveillance, retains his rights to full treatment; »;
5° in § 5, paragraph 1er, the words "Requests, subject to the final disposition of its rights:", are replaced by the words "Requests, without the amount being less than the minimum of means of existence, as referred to in Article 2 of the Act of 7 August 1974 establishing the right to a minimum of means of existence, and subject to the final subsequent liquidation of its rights:".
Art. 124. Section 7 of the Act, as amended by the Act of 2 August 2002, is supplemented by the following paragraph:
"The King adapts the amounts provided for in paragraph 1erin accordance with cross-sectoral programming applicable to the Public Service as a whole. "
Art. 125. The title of Chapter IV of the Act is replaced by the following title:
“Chapter IV. - Allowances, allowances, bonuses, benefits of all kinds and benefits."
Art. 126. An article 9bis, as follows, is inserted in the same law:
“Art. 9bis . § 1er. In addition to treatment, the member in active service in peacetime receives, in the subheadings "in intensive service", "in assistance" and "in operational commitment", an allowance of a daily amount equal to a fraction of the gross annual salary of which the denominator is 1,850 and whose numerator is fixed by the King.
§ 2. Specific qualifications, as well as the performance of specific benefits, which cannot be considered normal and inherent in the military function, may also result in the granting of an allowance.
Special benefits include:
1° benefits that are performed outside the normal service plan;
2° benefits that are foreign to the normal function of the member concerned;
3° benefits which, although related to the function of the member concerned, are particularly demanding.
An allowance for special qualifications may only be awarded on the basis of diplomas, certificates, or patents granted by the Minister of Defence or by the Chief of Defence.
The King determines the amounts and rules the granting of the benefits referred to in paragraph 1er.
However, it may require the Minister of Defence to determine the additional measures necessary for the enforcement of the regulations established by him.
§ 3. Allowances on the basis of qualifications, whose grant or retention depend in addition on the performance of a minimum number of specific benefits during a specified period, may be maintained by the authority designated by the King and in accordance with the terms and conditions determined by the King, where the person concerned has not been able to perform the required benefits in a timely manner as a result of justified service reasons, or as a result of a temporary physical inability "
Art. 127. In section 10 of the Act, paragraph 1er, as amended by the Act of 22 March 2001, is repealed.
Art. 128. An article 10bis, as follows, is inserted in the same law:
"Art. 10bis . § 1er. An allowance is also awarded to the contracted member to bear actual charges that cannot be considered normal and inherent in the military laying.
Where the situation that gives rise to the award of compensation is likely to reproduce, the amount may be fixed flatly.
§ 2. The King determines the amounts and rules the granting of the benefits referred to in § 1er.
However, it may require the Minister of Defence to determine the additional measures necessary for the enforcement of the regulations established by him.
§ 3. The member obtains an advance on compensation upon application, in the following cases:
1° on the occasion of a service trip;
2° when leaving abroad to perform a service period;
3° when the foreigner returns at the end of a period of service;
4° during the return of the foreigner for urgent and serious reasons;
5° for costs related to the teaching of children, arising from the assignment of the military.
The Minister of Defence shall determine the manner in which the member may obtain the advance and its value. "
Art. 129. An article 10ter, as follows, is inserted in the same law:
"Art. 10ter . § 1er. The King may, under the terms and conditions fixed by the Minister of Defence, authorize the Minister of Defence to reimburse the exceptional costs incurred by the member during a shift of service, during a period of service abroad, and during a transfer.
§ 2. It may also authorize the Minister of Defence, revocably and under his or her own responsibility and supervision, to transfer the jurisdiction referred to in § 1er to the military and civil authorities that the King determines, and to the extent that he fixes.
Military and civil authorities referred to in paragraph 1er, shall be subject to competence:
1° or head of a military unit;
2° either as a section or division head within a general direction or a department of staff;
3° or sub-head of the General Staff or Director;
4° either of the chief of the defence or the deputy head of the defence.
§ 3. In exceptional costs, the inevitable costs incurred by the member during the performance of his or her mission, for which there is no specific compensation regime, and which relate to:
1° to housing during a period of service abroad;
2° to teach children during a period of service abroad;
3° to housing or transport during a service trip;
4° to an emergency reminder imposed by serious family or social reasons;
5° to representation missions.
§ 4. The amount determined by the King under § 2, paragraph 1er, cannot be more than 1,500 euros, except in the specific case of exceptional costs for the teaching of children during a period of service abroad, where it cannot be more than 4,000 euros.
The amounts referred to in paragraph 1er are related to the mobility regime applicable to departmental staff salaries. They are linked to the pevot index 138,01. "
Art. 130. In Article 11 of the Act, § 2, as amended by the Act of 22 March 2001, and § 3, are repealed.
Art. 131. An article 11bis, as follows, is inserted in the same law:
"Art. 11bis . The King can also create the right to benefits of any nature and social benefits.
However, it may require the Minister of Defence to determine the additional measures necessary for the enforcement of the regulations established by him. "
Art. 132. In section 12 of the Act, the words "sections 9, 10 and 11" are replaced by the words "in this chapter".
Art. 133. In section 14bis of the Act, inserted by the Act of March 22, 2001, paragraph 2 is repealed.
Art. 134. An article 16bis, as follows, is inserted in chapter VII of the Act:
"Art. 16bis . Chapter IV of this Act is also applicable to militias, as well as persons not members of the military and whose presence is required from the military. "
Art. 135. Section 17, paragraph 2, of the Act is replaced by the following paragraph:
"The King sets the scales for the treatment of volunteers and volunteer candidates who have not passed the crossing examination at level 3, within the limits set below: minimum amount: 12.112.78 euros maximum amount: 17.798.86 euros. "
CHAPTER XV. - Amendment of the Act of 20 May 1994 on the implementation of the armed forces, on the condition, as well as the episodes and positions in which the member may find himself
Art. 136. In section 3 of the Act of 20 May 1994 on the implementation of the armed forces, on the condition and at times and positions in which the member may be present, the following amendments are made:
1° § 1er, 2°, b) is replaced by the following text:
"(b) when they participate, for the purpose of relieving the needs of the population, in a assistance mission carried out by the armed forces, at the international level, following a government decision, or at the national level, following a decision by the Minister of Defence or the competent authorities to requisition. »;
2° in § 2, 2°, the words "Chief of the General Staff" are replaced by the words "Chief of Defence".
Art. 137. Section 6 of the Act is supplemented as follows:
"7° which is interned, if this internment is followed by his resignation from office. "
Art. 138. Article 10, paragraph 1er, the same law is supplemented as follows:
"3° the military musician candidate who has not yet arrived in his final assignment unit. "
CHAPTER XVI. - Amendment of the Act of 20 May 1994 on the status of military personnel in the short term
Art. 139. The Short-term Military Status Act of 20 May 1994 is repealed:
1st Article 6;
2° Article 7bis , inserted by the law of 22 March 2001;
3° Article 8, § 1erand Article 9.
Art. 140. Section 7 of the Act is replaced by the following provision:
The King fixed:
1° the rules relating to the appreciation of the moral, material and physical qualities during the formation and at the end of the formation;
2° the conditions to be able to subscribe to a rengagement;
3° the military authority at least of the level of body chief authorized to accept or refuse the rengagements. "
Art. 141. In section 16 of the same law, the words "5° for family reasons" are deleted.
Art. 142. Article 17, § 1erParagraph 1er, 2°, of the same law, the words "leader of the force headquarters" are replaced by the words "general human resources".
Art. 143. Article 19, paragraph 1er, 4°, of the same law, the words "loss of Belgian nationality" are replaced by the words "loss of nationality resulting in the fact that the member is no longer a citizen of a Member State of the European Union, or a decision to depart from the territory, to return or to expulsion, pursuant to the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners; "
CHAPTER XVII. - Amendment of the Act of 16 March 2000 on the resignation of certain military personnel and the termination of the undertaking or re-engagement of certain military candidates, to the setting of the period of return to the recovery by the State of part of the costs granted by the State for the training and of part of the treatment received during the training
Art. 144. In line (5) of Table A of the Schedule to the Act of 16 March 2000 relating to the resignation of certain military personnel and to the termination of the undertaking or re-engagement of certain military candidates, the fixing of the period of return and the recovery by the State of part of the costs granted by the State for the training and part of the treatment received during the training, are made the following amendments:
1° in the column "Duration of training" the number "5" is replaced by the number "4";
2° in the column "Value Period" the number "7.5" is replaced by the number "6".
CHAPTER XVIII. - Amendment of the Act of 25 May 2000 establishing the voluntary four-day working regime and the half-time early departure regime for certain military personnel and amending the status of military personnel with a view to establishing temporary employment withdrawal by career interruption
Art. 145. Article 21, § 5, paragraph 4, of the Act of 25 May 2000 establishing the voluntary working regime of the four-day week and the early-half-time departure regime for certain military personnel and amending the status of the military to introduce the temporary withdrawal of employment by career interruption is replaced by the following paragraph:
"The provisions of this paragraph shall apply only to the member, or if not to his or her rightful persons, who have applied for valuation. "
CHAPTER XIX. - Amendment of the Act of 25 May 2000 on the Envelope in Military Personnel
Art. 146. Article 1er, § 2, paragraph 2, 4, of the law of 25 May 2000 on the envelope of military personnel, is replaced by the following text:
"4° military of the active frame:
- career soldiers;
- additional military personnel;
- Auxiliary officers;
- short-term military personnel;
- Officer candidates and non-commissioned officers of the active officer, commissioned respectively to the rank of deputy lieutenant or sergeant, who are already in their final assignment unit;
- voluntary candidates from the active framework;
- military musicians;
- nominees for musical officers and non-commissioned musicians, respectively, at the rank of deputy lieutenant or sergeant, already in their final assignment unit. "
Art. 147. Section 3 of the Act is supplemented as follows:
"7° the military lecturers and military professors of the Royal Military School. "
CHAPTER XX. - Amendment of the Act of 16 May 2001
Status of military personnel of the armed forces reserve
Art. 148. Article 3, 2°, of the Act of 16 May 2001 on the status of the military members of the armed forces reserve framework is repealed.
Art. 149. In section 4, 1°, of the same law, the words "the Belgian" are replaced by the words "the person".
Art. 150. Section 7 of the Act is replaced by the following provision:
“Art. 7. In order to be admitted as a reserve military candidate, the requirements set out in section 8 of the Act of 27 March 2003 relating to the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel must be met. "
Art. 151. Article 8, paragraphs 1er and 2, and section 9 of the Act, are repealed.
Art. 152. Article 10, paragraph 1er, 2°, of the same law, is completed as follows:
"(d) the musical officers whose resignation was accepted. "
Art. 153. Article 11, paragraph 1er, 2°, of the same law, is completed as follows:
"(c) non-commissioned musicians whose resignation was accepted. "
Art. 154. Article 13, paragraph 1er, of the same law, is repealed.
Art. 155. Article 19, § 1erthe following amendments are made:
1° the 2° is replaced by the following text:
"2° the acquisition of a candidate quality in the active environment; »;
2° the 3° is replaced by the following text:
"3° the loss of nationality resulting in the fact that the member is no longer a citizen of a Member State of the European Union, or the decision to depart from the territory, the removal or expulsion, pursuant to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens. "
Art. 156. In section 23 of the Act, the words "and by force" are deleted.
Art. 157. In section 26 of the Act, the words "Chief of Staff of Force" are replaced by the words "Director General Human Resources".
Art. 158. An article 32bis, as follows, is inserted in the same law:
"Art. 32bis . The reserve member shall be deprived of his or her employment without the intervention of a board of inquiry if he or she is sentenced without condition to the prohibition, even temporary, of any of the rights referred to in section 31, 1 and 6 of the Criminal Code. "
Art. 159. The following amendments are made in section 33 of the Act:
1° in paragraph 2, paragraph 1er, the words "because he has signed an appointment as an officer or non-commissioned officer of the active officer is, if he is not appointed in this framework" are replaced by the words "is, in the event of failure in his or her formation as a candidate";
2° § 3, paragraph 1er, is completed by the following text:
"3° candidate non-commissioned musician. "
Art. 160. In the Dutch text of article 44, paragraph 1er, of the same law, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 161. In section 69 of the Act, the words "Chief of the General Staff" are replaced by the words "Chief of Defence".
Art. 162. An article 77bis, as follows, is inserted in chapter XIV of the same law:
"Art. 77bis . The Act of 26 March 1937 establishing the obligation for the various administrations of the State, the provinces, the communes and the associations of communes to grant facilities to their officers, reserve officers, in order to enable them to perform the services imposed by their status as a reserve officer, is repealed. "
Art. 163. An article 86bis, as follows, is inserted in chapter XIV of the same law:
"Art. 86bis . Article 1erParagraph 1er, 4°, of the Act of 20 May 1994 on the monetary rights of the military, is replaced by the following:
"4° that belong to the reserve framework of the armed forces, and that conduct a period of training, a recall, a voluntary benefit or a supplementary benefit referred to in article 38 of the Act of 16 May 2001 on the status of the military members of the reserve framework of the armed forces. "
Art. 164. An article 86ter, as follows, is inserted in chapter XIV of the same law:
"Art. 86ter . In article 3 of the same law, it is inserted a § 1erbis, as follows:
« § 1erbis. A member of the Armed Forces Reserve Framework who conducts a training period, a recall, a voluntary benefit or a supplementary benefit referred to in section 38 of the Act of 16 May 2001 on the status of the military members of the Armed Forces Reserve Framework shall be entitled, on the basis of his rank and position, to a dependant treatment of the Defence Budget.
However, where the employee is a statutory agent whose remuneration is not suspended, or suspended only after a certain period of time, by the legal person of public law who is his employer, that agent may only claim, when performing a period of training, a recall, a voluntary benefit or a supplementary benefit referred to in section 38 of the Act of 16 May 2001 which provides for the status of the military of the normal reserve of the armed forces, This supplement is, if any, equal to the difference between, on the one hand, the treatment of a member to whom he is entitled by virtue of his rank and position, and on the other hand his remuneration as a statutory agent, provided that the salary of a member is superior. " "
CHAPTER XXI
Civil service/civic service/voluntary service to the community
Art. 165. Every Belgian citizen may, at his or her request and under the conditions laid down in this Act, be allowed to perform a civil service/citizen service/voluntary service to the community within the National Defence.
Art. 166. § 1er. To be admitted to civil service/civic service/voluntary service to the community, the applicant must meet the following conditions:
- no longer subject to compulsory schooling;
- not to hold a graduate degree in higher education;
- not yet entitled to unemployment benefits granted on the basis of studies;
- be registered as a job applicant;
- not having worked more than 78 days as an employee or more than one quarter as an independent.
§ 2. Every year, the King sets the number of places available.
Art. 167. The King determines the administrative, disciplinary and monetary status of personnel admitted to performing civil service/citizen service/voluntary service to the community within National Defence.
Art. 168. § 1er. The full compensation unemployed person may, upon request, undertake an internship within the Department of National Defence.
During the probation period, the unemployed person retains his rights to unemployment benefits, under the conditions determined by the King, and receives compensation from the National Defence.
§ 2. The King shall determine the terms and conditions for these allowances.
CHAPTER XII. - Amendment of the law programme
for the 2001 Budget Year of 19 July 2001
Art. 169. In section 48, paragraph 1er, of the law programme for the fiscal year 2001 of July 19, 2001, the words "of the Department of National Defence for the benefit of the members of the families of the staff of the Department of National Defence" are replaced by the words "owned or attached to, subject to or occupied under a Belgian labour contract by the Department of Defense or by a public interest agency that falls under it, as well as to the benefit of the family members of these members".
PART IV. - Final provision
Art. 170. The King shall determine the effective date of each of the provisions of this Act.
However, sections 162 to 164 will be brought into force by the King on the same date as the Act of 16 May 2001 on the status of military personnel of the military reserve.
Promulgate this Act, order that they be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 27 March 2003.
ALBERT
By the King:
Minister of Defence,
A. FLAHAUT
sealed by the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Sessions 2002-2003.
House of Representatives:
Parliamentary document. - Bill No. 2185/1. - Amendments, nbones 2185/2, 2185/5 and 2185/6. - Report No. 2185/3. Text adopted in Commission No. 2185/4.
Annales parliamentarians. - Text adopted on 7 February 2003.
Senate.
Parliamentary documents. - Bill passed by the House, nr. 1458/1. - Discussion and adoption: 13 March 2003.