19 DECEMBER 2002. - An Act to amend certain sections of the Judicial Code with respect to the functioning of the Supreme Council of Justice (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In article 259bis -2, § 5, of the Judicial Code, inserted by the law of 22 December 1998, the following amendments are made:
1° in paragraph 1^erthe words "six months" are replaced by the words "8 months";
2° paragraphs 4 and 5 are replaced by the following:
"The Minister of Justice publishes the list of incoming members of the Supreme Council of Justice and their successors to the Belgian Monitor during the third month preceding the expiry of the term. The Conseil supérieur publishes the composition of the office and commissions in the Belgian Monitor and this publication is set up.
The outgoing members shall sit until the end of their term and, in any case, until the new members of the office and the commissions are installed in accordance with section 259bis -4. »
Art. 3. Article 259bis -3, § 1^erthe same Code, inserted by the Act of 22 December 1998, is replaced by the following provision:
« § 1^er. Members shall serve on the Superior Council for a period of four years renewable once, taking place on the day of installation. »
Art. 4. In article 259bis -6, § 2, of the same Code, inserted by the law of 22 December 1998, the following amendments are made:
1° paragraphs 1^er and 2 are replaced by the following:
"The Superior Council has a dedicated staff in charge of supporting its activities and organizing the elections referred to in Article 259bis -2, § 1^er. The Higher Council sets the organic framework and language framework in accordance with linguistic parity by level. The Higher Council sets the staff status. He appoints and revokes staff.
The King approves, by order deliberately in the Council of Ministers, the frameworks and the status referred to in the preceding paragraph. »;
2° paragraphs 3 and 4 are repealed.
Art. 5. Article 259bis -12, § 3, of the same Code, inserted by the law of 22 December 1998, is supplemented by the following paragraph:
"Notices and proposals relating to bills that have an impact on the functioning of the judicial organization, communicated in accordance with section 259bis -18, are annexed to the government's plans at the time of their filing in the House of Representatives or in the Senate, provided they are available. »
Art. 6. Section 259bis -18 of the same Code, inserted by the Act of 22 December 1998, is replaced by the following:
"Article 259bis -18. § 1^er. Notices and proposals referred to in Article 259bis -12, § 1^er, and the reports referred to in articles 259bis -14, § 3, 259bis -15, § 7, and 259bis -16, § 4, are forwarded for approval to the General Assembly, which then communicates them to the Minister of Justice, the House of Representatives, the Senate, and to the heads of bodies of the courts and public ministry near these courses.
§ 2. The approval of the General Assembly is not required for the notices required in the emergency, to the notice and inquiry board, convened by the Minister of Justice or by the majority of the members of the House of Representatives or the Senate. The proceeding requiring the notice defines the urgency.
The emergency must be motivated by a statement of exceptional circumstances.
In this case, the Committee of Opinion and Investigation shall forthwith communicate the request for an urgent notice, as well as the text of the proposal or project on which a notice is requested on the basis of Article 259bis -12, § 1^erto the members of the General Assembly.
The deadlines for making notices are the subject of a memorandum of understanding between the Minister of Justice, the House of Representatives, the Senate and the Supreme Council of Justice.
Members of the General Assembly may submit their comments in writing and within the prescribed time limit to the panel of opinions and investigations that are being debated. A summary of remarks is attached to the notice.
The notice and summary of the comments are transmitted to the proceeding that requires and to the members of the General Assembly. »
Art. 7. In section 259bis -21 of the same Code, inserted by the Act of 22 December 1998, the following amendments are made:
1° § 1^er is replaced by the following provision:
"The judges who are members of the office are entitled to an allowance of EUR 15,000 on an annual basis. Non-magistrates who are members of the office receive equal treatment to that of courtroom chair with twenty-one years of useful seniority.
Section 362 applies to the amount referred to in the preceding paragraph. »;
2° to § 2, first sentence, the words "to the non-magistrat member, president of the Superior Council" are replaced by the words "to the non-magistrate members of the office".
Art. 8. Section 100 of the Act of 22 December 1998 amending certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of magistrates and establishing a system of evaluation of magistrates, is replaced by the following provision:
"Art. 100. - By derogation from Article 259bis -3, § 1^erfrom the Judicial Code, the first term of office of the members of the Superior Council, expiring 30 December 2003, is extended until 31 August 2004. »
Art. 9. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of Article 4, which comes into force on the date fixed by the King and no later than 1^er April 2003.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 December 2002.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Parliamentary references
Documents of the Senate:
2-1153-2001/2002
No. 1: Bill by Mr. Dubié v.s.
N°^s 2-4: Amendments
Number 5: Report
No. 6: Text adopted by the Commission
Annales du Sénat : 17 et 18 juillet 2002
Documents of the House of Representatives
50 - 1979 -2001/2002
No. 1: Bill
N°^s 2 and 3: amendments
Number 4: report
No. 5: text adopted by the Commission
No. 6: text adopted in plenary and referred to the Senate
Full report: 24 October 2002
Documents of the Senate:
2-1153-2001/2002
No. 7: draft amended by the Chamber
Number 8: report
No. 9: text adopted by the Commission
No. 10: text adopted in plenary and subject to Royal Assent
Annales du Sénat : 5 décembre 2002.