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Act On The Essential Elements Of The Status Of The Staff Of The Police And Various Other Provisions Relating To The Police (1)

Original Language Title: Loi relative aux éléments essentiels du statut des membres du personnel des services de police et portant diverses autres dispositions relatives aux services de police (1)

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belgiquelex.be - Carrefour Bank of Legislation

26 AVRIL 2002. - Law on essential elements of the status of police personnel and other provisions relating to police services (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Staff status
police services
CHAPTER Ier. - General provision
Art. 2. For the purposes of this Act, it shall be understood by:
1° "law": the law of 7 December 1998 organizing an integrated police service, structured at two levels;
2° "police services": the federal police and the local police;
3° "the staff member": each member of the operational framework and of the administrative and logistical framework within the meaning of section 116 of the Act, with the exception of the military personnel referred to in section 4, paragraph 2, of the Act of 27 December 2000 dealing with various provisions relating to the legal position of police personnel;
4° "the operational staff member": each operational staff member within the meaning of section 117 of the Act;
5° "the staff member of the administrative and logistical framework": each staff member of the administrative and logistical framework within the meaning of section 118 of the Act;
6° Auxiliary Officer: each member of the Police Auxiliary Officers Framework within the meaning of Article 117, paragraph 1erthe law;
7° "Aspiring": each staff member of the operational framework who is admitted to basic training that gives access to one of the four executives referred to in Article 117, paragraph 1erthe law;
8° "intern": each staff member who is admitted to the course established by the King;
9° "contractual staff member": each staff member who is contracted by a labour contract in accordance with the Act of 3 July 1978 on employment contracts;
10° "the Minister": the Minister of the Interior;
11° "the appointing authority": the authority that is competent to appoint or hire a staff member as determined in sections 53, 54 and 56 of the Act and in section 27;
12° "employment": any employment referred to in sections 47, 106 and 128 of the Act;
13° "Continued training": professional training that gives the staff member the guarantee to maintain his/her knowledge and skills, the reactive adaptation of acquired skills and the proactive acquisition of new skills, so that occupied employment can be exercised effectively;
14° "mobility": any change in employment of a staff member under section 128 of the Act.
CHAPTER II. - Grades
Section 1re. - The grades of the operational framework
Art. 3. Each framework referred to in Article 117, paragraph 1er, of the law includes one or more grades that follow in the following hierarchical order:
1° the framework of officers:
(a) Police Divisional Commissioner;
(b) Police Commissioner;
(c) aspiring police commissioner;
2° the average frame:
(a) Principal Police Inspector;
(b) aspiring Senior Police Inspector;
3° the basic frame:
(a) Police inspector;
(b) aspiring police inspector;
4° the frame of police officers:
(a) Auxiliary police officer;
(b) aspiring auxiliary police officer.
The officers referred to in 1°, (a) are the superior officers.
Art. 4. For the purposes of the promotion rules, the ranks, as the case may be, of senior officers, other officers, the average framework, the basic framework and the police officer framework, are a separate group of ranks.
Art. 5. The degree of aspirant is conferred upon the staff member during the basic training.
Section 2. - The grades of the administrative and logistical framework
Art. 6. The administrative and logistical framework consists of four levels: level A, level B, level C and level D.
Art. 7. Each level includes several grades including at least one common grade. Common grades by level are:
1st level A: adviser;
Level B: consultant;
Level C: assistant;
Level D:
(a) Auxiliary;
(b) workers;
(c) employee;
(d) skilled workers.
Art. 8. Subject to the application of Article 9, each level includes several specific grades of a degree equivalent to those of the common grades, determined by the King in a deliberate order in the Council of Ministers.
Specific grades are those for which a particular qualification is required and a particular treatment scale can be attached.
Art. 9. Among the specific grades, the following grades are promotion grades:
Level C: Head of work;
Level D: team leader.
Art. 10. The number of jobs in a local police force includes not more than one seventh of the organizational framework, including staff at levels C and D of that body. If the organic framework for these two levels contains seven or more jobs, the number of jobs in this body is at least one.
Art. 11. During the course, the grade name is supplemented by the term "intern".
CHAPTER III. - General conditions of recruitment
operational framework
Art. 12. The applicant Police Auxiliary Officer, Police Inspector, Principal Police Inspector and Police Commissioner must meet the following general admission requirements:
1° possessing Belgian nationality;
2° enjoy civil and political rights;
3° irreproachable driving;
4° for male candidates, having satisfied the laws on the militia;
5° be at least 18 years of age;
6° have the required physical abilities and be free from any disability incompatible with the requirements of the function;
7° shall not be subject to a legal prohibition of the carrying of arms, or to refuse or to refrain, declare to refuse or to refrain from any form of use of arms or other means of defence made available under the conditions laid down in this matter by the laws, decrees or directives;
8° be a holder of the required degree or certificate of study, as the case may be, by articles 15 to 18;
9° be the holder of the Class B driving licence;
10° for the auxiliary and basic frame, having succeeded or, for the medium frame and officers, having succeeded and be placed in order useful to the selection tests giving access to the basic training;
11° committed to bringing the regulatory uniform.
The condition referred to in paragraph 1er, 3°, stems from a certificate of good conduct, life and moors dating from less than three months on the date of introduction of the application and a background and background survey.
Art. 13. The candidate who:
1° was declared permanently unfit for the exercise of the police function following a medical fitness examination;
2° has previously failed definitively as aspirant, has been dismissed as a trainee for professional incapacity or has been reassigned under the rules determined by the King;
3° has previously been the subject of a final withdrawal of employment;
4° has, at the time of the accepted resignation, an operational evaluation with the final mention "sufficient";
5° did not pass the selection procedure three times for admission to the basic training;
6° did not reach the age of 17 years;
7° was notified of his failure at a previous selection test for less than a year.
Art. 14. The candidate must meet the conditions set out in Article 12, paragraph 1er, 1° to 4° and 7°, on the date of its participation in the selection tests.
The conditions laid down in article 12, paragraph 1er, 5°, 6°, 8° and 10° must be filled during the accession to the basic formation.
Art. 15. To be recruited as a police inspector, the candidate must hold a degree or certificate of study at least equivalent to those taken into account in the recruitment of Level 2 jobs in federal jurisdictions.
Art. 16. In order to be recruited as a senior police inspector with speciality, the candidate must have a degree or certificate of study required for the function in question, at least equivalent to those taken into account in the recruitment of the 2+ level jobs in federal jurisdictions.
Art. 17. To be recruited as a Senior Police Inspector with a Police Assistant Specialty, the applicant must hold a degree or certificate of studies in the field of social sciences, psychology or criminology at least equivalent to those taken into account in the recruitment of 2+ level jobs in federal government.
Art. 18. To be recruited as a police commissioner, the candidate must hold a degree or certificate of study at least equivalent to those taken into account for the level 1 job in federal government.
The Minister may reserve, by reason of decision, a number of vacancies to a diploma or certificate holder or to those who meet the conditions specified by the Minister.
CHAPTER IV. - External recruitment of staff
Administrative and Logistics Framework
Section 1re. - General conditions for admission to external recruitment of staff of the administrative and logistical framework
Art. 19. The candidate for a job in the administrative and logistical framework must meet the following general admission requirements:
1° possessing Belgian nationality if the employment to be exercised includes on the basis of the profile and job description that is related to direct or indirect participation in the exercise of the public power or includes activities that tend to the protection of the general interests of the State or the police services. Jobs that do not involve such participation are accessible to Belgians and other European Union nationals;
2° enjoy civil and political rights;
3° behave in accordance with the requirements of the intended job;
4° for male candidates, having satisfied the laws on the militia;
5° have the physical abilities required to perform the intended job;
6° having at least 18 years;
7° be a holder of the degree, certificate of study or certificate of professional fitness required, as the case may be, by articles 22 to 25;
8° pass the selection tests giving access to the grade that the candidate posts.
Art. 20. Not admitted to the selection, the candidate who:
1° after a fitness medical examination, was declared permanently unfit for the exercise of the intended job;
2° was previously dismissed as an intern for professional incapacity or previously reassigned for professional incapacity;
3° was previously terminated as a member of the contracting staff for serious reasons referred to in section 35 of the Act of 3 July 1978 relating to contracts of work or during or after the trial period referred to in sections 48 and 67 of the same Act;
4° has previously been subject to a final withdrawal of employment;
5° has, at the time of the resignation accepted, an evaluation of operation with the final mention "sufficient".
Art. 21. The candidate must meet the conditions set out in Article 19, 1° to 4°, on the date of his participation in the selection tests.
The requirement set out in section 19, 3°, is derived from a certificate of good conduct, life and moors dating less than three months on the date of the nomination.
The other conditions set out in section 19 shall be met, as the case may be, at the time of admission to the internship or engagement.
Art. 22. In order to be recruited at level C, the candidate must be a graduate or a certificate at least equivalent to those taken into account for level 2 employment in federal government.
Art. 23. In order to be recruited at level B, the candidate must be a graduate or a certificate at least equivalent to those taken into account for the 2+ level employment in federal government.
Art. 24. To be recruited in a level A degree, the candidate must be a graduate or a certificate at least equivalent to those taken into account for the level 1 job in federal government.
Section 2. - Specific conditions for admission to external recruitment of staff of the administrative and logistical framework
Art. 25. The Minister or Director of the service that he or she designates may, when the nature of the function so requires and on the basis of the description of the function and profile, impose the following particular admission requirements:
1° be holder of specific diplomas or certificates;
2° the specific requirements for professional fitness, integrity, personal characteristics, experience, physical fitness or one or more of them.
Section 3. - Auxiliary and specific tasks
Art. 26. Without prejudice to the replacements made in the context of the interruption of the professional career, of the four-day voluntary week, and of the anticipated departure in halftime, the auxiliary and specific tasks referred to in section 118, paragraph 2, of the Act, which can be performed exclusively by staff members engaged on the basis of a contract of work are those performed in the context of employment:
1° funded by temporary or variable resources;
2° considered temporary, specific or part-time missions;
3° of maintenance staff;
4° of mess staff, restaurants and canteens.
The Minister or, for the local police, the municipal council or the police council determine the number, duration and type of employment set out in paragraph 1er1° and 2°.
CHAPTER V. - Appointment authority
Art. 27. Except in the event of the application of section 54 of the law, officers are appointed by the King.
Except for the purposes of section 56 of the Act, other staff members are appointed by the Minister or hired by the Minister or by the Director of the Federal Police Service that he or she designates.
CHAPTER VI. - The baremic career, promotion by accession to the higher rank and promotion by accession to a higher level
Section 1re. - General provision
Art. 28. In order to benefit from a promotion or increase in the scale of treatment as part of a baremic career, the staff member must be in an administrative position that allows him to assert his rights to promotion or baremic career.
Section 2. - The baremic career of staff members
Sub-section 1re. - General
Art. 29. Each grade includes one or more scales of treatment.
The baremic career consists of the successive award to the staff member of a scale of increasing treatment within the same grade.
Treatment scales are determined by the King.
Sub-section 2. - Baremic Career Conditions
staff
Art. 30. The baremic career of a staff member is related to the following conditions:
1° having an old treatment ladder fixed by the King;
2° do not have a final assessment with the final mention "sufficient";
3° in the cases and in the manner determined by the King, having continued training;
4° in the cases and in the manner determined by the King by a deliberate decree in the Council of Ministers, having been selected by a selection commission.
Art. 31. For the passage to the scales of treatment that the King determines, and within the limits of the quota to be fixed by him in a deliberate order in the Council of Ministers, the Divisional Commissioner of Police or, as the case may be, the staff member of level A may benefit from an increase in salary scale within the framework of the baremic career.
Section 3. - Promotion by accession
Sub-section 1re. - Promotion by accession
operational framework staff
Art. 32. May be promoted to the rank of Police Division Commissioner, the Police Commissioner who:
1° has at least nine years of executive seniority in officers;
2° holds the King's degree;
3° is the holder of the executive patent determined by the King in a deliberate order in the Council of Ministers;
4° has no last evaluation with the final "sufficient" indication;
5° did not incur any unremoved heavy disciplinary penalty.
Art. 33. The promotion to the rank of Commissioner of Police is granted to the Commissioner of Police who meets the conditions set out in section 32 and who, in accordance with the rules of mobility, as determined by the King, is appointed in a vacant position of superior officer or the Commissioner of Police who is designated under section 247 of the Act, regardless of the category of terms referred to in section 67, for a term of office after the end of the third year of the Act
Sub-section 2. - Promotion by accession
Administrative and Logistics Officers
Art. 34. May be promoted to the specific grade of head of work, level C staff member who:
1° has at least six years of level C seniority;
2° passed the selection test determined by the King;
3° has no last evaluation with the final mention "sufficient";
4° did not incur any unremoved heavy disciplinary penalty.
Art. 35. Can be promoted to the specific rank of team leader, the skilled worker, who:
1° has at least six years of seniority level in level D;
2° passed the selection test determined by the King;
3° has no last evaluation with the final mention "sufficient";
4° did not incur any unremoved heavy disciplinary penalty.
Art. 36. The promotion referred to in section 34 or 35 shall be granted to the staff member of the administrative and logistical framework who meets the requirements, respectively, and who, in accordance with the mobility rules determined by the King, is designated in a vacant job, respectively, as head of work or team leader.
Section 4. - Promotion by accession
operational framework staff
Art. 37. Staff members who succeed in the basic training of a senior executive are promoted through the attainment of the envisaged senior management.
Art. 38. The Minister determines each year, by language and framework, the number of staff members who, in light of supervisory needs, may be admitted to the basic training of the senior manager.
Art. 39. To be admitted to the selection tests for the accession to a senior executive, the staff member must meet the following conditions, on the date of the closing of the selection examination:
1st have the old frame fixed by the King;
2° subject to the application of sections 40 and 41, meet the qualification requirements referred to in sections 15 and 18;
3° do not have a final assessment with the final mention "sufficient";
4° having not previously been reassigned because of professional inability, according to the rules laid down by the King;
5° did not have an unremoved heavy disciplinary sanction.
Art. 40. The auxiliary police officer who has passed an organized trial and whose program is arrested by the Director of the service designated by the Minister is exempted from the qualification requirements referred to in section 15.
Art. 41. The Senior Police Inspector who has completed an organized trial and whose program is arrested by the Director of the department designated by the Minister, is exempted from the qualification requirements referred to in section 18.
Section 5. - Promotion by accession to a higher level
Administrative and Logistics Officers
Art. 42. To be promoted at a higher level, the staff member must meet the following conditions:
1st to be the holder of the patent for the attainment at the level envisaged in Article 44, and to which the King sets out the terms and conditions for obtaining;
2° in accordance with the rules of mobility, be designated in a vacant job of the envisaged level.
Art. 43. The Minister determines each year, by language and level, the number of staff members to whom, in the light of supervisory needs, the patent for accession to a higher level can be granted.
Art. 44. To be admitted to the selection examinations for the patent for the above-level accession, the staff member shall, on the date of the closing of the registration to these selection tests, meet the following conditions:
1st dispose of the seniority of the level fixed by the King;
2° subject to the application of sections 45 to 47, meet the qualification requirements referred to in sections 22 to 25;
3° do not have a final assessment with the final mention "sufficient";
4° having not previously been reassigned because of professional inability according to the rules laid down by the King;
5° did not have an unremoved heavy disciplinary sanction.
Art. 45. A Level D staff member who has successfully completed an organized event and whose program is determined by the Director of Service designated by the Minister is exempted from the qualification requirements referred to in section 22.
Art. 46. The C-level staff member who has completed an organized event and whose program is determined by the Director of Service designated by the Minister is exempted from the qualification requirements referred to in section 23.
Art. 47. A staff member at level B or C who has completed an organized event and whose program is determined by the Director of the service designated by the Minister is exempted from the qualification requirements referred to in section 24.
CHAPTER VII. - Rights and duties
Section 1re. - The right of expression
Art. 48. Subject to the application of sections 123 to 133 of the Act and without prejudice to the legal and regulatory requirements relating to the professional secrecy and secrecy of the investigation, the staff member shall enjoy freedom of expression for the facts of his or her knowledge of the head of his or her duties.
Art. 49. Within the limits of section 48, the staff member may speak and publish freely.
In exercising the right of expression, however, the staff member shall ensure:
1° not to affect the interest of service and the dignity of function;
2° not to prejudice established powers, public institutions and third parties;
3° to disseminate information as complete and as correct as possible;
4° to make clear whether he speaks as a mandated person or in his own name, and to make a clear distinction between objective facts and personal opinions.
Section 2. - Compliance with the code of ethics
Art. 50. The King sets the code of ethics for the police services.
Subject to the application of paragraph 1erstaff members who have a specific professional qualification remain subject to the charter code of ethics.
Art. 51. A staff member shall be subject to the code of conduct referred to in section 50 and shall receive a copy thereof.
CHAPTER VIII. - Basic rules
of staff assessment
Section 1re. - General provisions
Art. 52. This chapter does not apply to:
1st staff members who hold a mandate referred to in sections 48, 107 and 149 of the law or one of the mandates set by the King in a deliberate order in the Council of Ministers;
2° aspirants and interns, which are evaluated according to specific rules fixed by the King.
Art. 53. For the purposes of this chapter, the following means:
1° "the person assessed": the staff member who is the subject of the evaluation;
2° "the first assessor": the direct superior, in accordance with section 120 of the Act, of the person assessed and who is at least part of the medium or level C framework;
3° "the second reviewer": the first reviewer's supervisor;
4° "the final conductor of the evaluation":
(a) with regard to local police personnel:
1) for members of the officer framework and members of the administrative and logistical framework of level A: the head of body;
(2) for other members: the head of body or officer designated by him.
(b) with respect to federal police personnel:
(1) for members of the officer framework and members of the level A administrative and logistical framework: as the case may be, the Commissioner General or the Director General for members who are under their respective authority;
2) for other members: the Chief of Service.
Section 2. - Evaluation
Art. 54. The evaluation is carried out in a descriptive manner.
Art. 55. The descriptive evaluation always ends with a "good", "reserved" or "sufficient" final mention.
Art. 56. All staff are assessed by a first and a second reviewer.
The final conductor of the evaluation determines the final assessment:
1° if the second evaluator is considering amending an assessment report from the first evaluator, a report on which an agreement exists between the first evaluator and the person assessed, and if the person assessed does not consent to it;
2° if the second evaluator is considering either confirming an assessment report from the first evaluator with the final "insufficient" statement, or amending a report from the first evaluator to the extent that it proposes the final "insufficient" statement.
Art. 57. The evaluation takes place every two years, from the date of the previous evaluation.
During this two-year period, known as the "valuation period", no other evaluations are conducted except in the cases determined by the King.
Art. 58. Each evaluation period begins with a preparatory interview following a working interview and, ultimately, an evaluation interview.
Art. 59. The pre-hearing is a dialogue in which the person being assessed and the first assessor agree on what is expected of the person being assessed and how they are to perform their duties.
Art. 60. The operational maintenance is a dialogue between the person being assessed and the first evaluator on the operation of the person being assessed in the service in which they work together.
Art. 61. Evaluation maintenance is a dialogue between the person being assessed and the first assessor, which addresses the professional fitness of the person being assessed. The main objective is to examine how the assessed person worked and to what extent it achieved the prefixed objectives. It helps improve benefits.
Art. 62. The operating maintenance takes place for all staff at least every two years, alternating with the evaluation interviews. By mutual agreement between the first assessor and the person assessed, it may be decided not to maintain the operation. This decision is attached to the evaluation file.
Art. 63. All evaluation staff must undergo training in this regard. Only operational evaluations conducted by staff members who have successfully completed the training are valid.
Art. 64. In the general inspection of the federal police and local police, an appeal board is established. The latter is aware of the appeal against the decision of the final official of the evaluation with the final "sufficient" statement.
CHAPTER IX. - Mandates
Section 1re. - General provisions
Art. 65. The term of office is a temporary designation in one of the functions of section 66. Mandates other than those provided for in sections 48, 107 and 149 of the Act are allocated for a period of five years, renewable once.
Art. 66. Subject to the application of sections 96 and 149 of the Act and without prejudice to the other mandates established by the King in a deliberate order in the Council of Ministers, the following functions are assigned by mandate to the staff of the operational framework:
1° the function of local police chief;
2° the function of Commissioner General;
3° the position of Director General;
4° the function of Administrative Coordinator;
5° the function of judicial director;
6° the position of director within a general direction of the federal police or within the federal police headquarters;
7° the position of Deputy Director General;
8° the function of inspector general;
9° the deputy general inspector.
Art. 67. There are six categories of mandates:
1° Category 1: The term of office of head of a local police force whose staff, including staff of the operational framework and the administrative and logistical framework, has fewer than 75 full-time staff;
2° Category 2: The term of office of head of a local police force, including the staff of the operational framework and the administrative and logistical framework, is at least 75, but less than 150 full-time staff and the term of office of administrative coordinator or judicial director of a small-scale electoral district, as determined by the King in a deliberate order in the Council of Ministers;
3rd category 3: The term of office of head of a local police force, including the staff of the operational framework and the administrative and logistical framework, is at least 150, but less than 300 full-time staff members, the term of office of director of the federal police, and the term of office of administrative coordinator or judicial director of a large electoral district, as determined by the King in a deliberate order in the Council of Ministers;
Category 4: The term of office of head of a local police force, including the staff of the operational framework and the administrative and logistical framework, is at least 300, but less than 600 full-time staff, the terms of reference of deputy general manager and the term of office of administrative coordinator or judicial director of a large electoral district, as determined by the King in a deliberate order in the Council of Ministers;
5° Category 5: The terms of reference for the head of a local police force, including the staff of the operational framework and the administrative and logistical framework, have at least 600 full-time staff, the terms of reference of Director General, the terms of reference of Inspector General and the Assistant Inspector General;
Category 6: Commissioner General's mandate.
Art. 68. For all the warrants referred to in section 66, a function description and the profile requirements arising therefrom are established by the authority designated by the King.
Art. 69. By agent, a mandate file, which is part of the personal file as set by the King, is open for each new mandate.
Section 2. - Designation for a term
Art. 70. The designations for a term referred to in section 66 shall be exclusively on a voluntary basis.
Art. 71. For designation to a mandate, the staff member who:
1° is covered by one of the grades and, where applicable, is a patent holder or meets the age requirement, which is valid as an allocation for the vacant term;
2° was not subject to an assessment with "sufficient" final mention;
3° is in an administrative position which gives it the opportunity to assert its rights to promotion and baremic career;
4° did not incur any unremoved heavy disciplinary penalty;
5° did not reach the age of sixty.
With the exception of the Assistant Inspector General and Deputy Director General terms of reference, the mandate holder may apply for another term only if he or she has been in office for at least three years.
Art. 72. The mandate shall be exercised in accordance with the letter of mission in which the objectives of the mandate to be achieved and the means available through which these objectives must be achieved.
The mission letter is in accordance with the national security plan and, where appropriate, the security zonal plan.
The letter of mission is prepared, on the proposal of the staff member concerned, by the authority determined by the King.
Art. 73. The holders of the terms of reference referred to in section 66 are designated as candidates who are deemed fit by a selection board, after having completed a non-eliminary assessment center test.
Subject to the application of section 50 of the law, the King shall, in a deliberate order in the Council of Ministers, establish the composition, operation and duties of the selection committee.
Section 3. - Evaluation of designated staff member
for a mandate
Art. 74. The evaluation of the agent mainly determines how the agent worked and to what extent he has achieved the objectives previously set with the means available to him. Its purpose is to highlight whether the mandate can be pursued or whether it must be terminated prematurely.
The evaluation is a final assessment if it is intended to provide a notice relating to the renewal of a mandate or not. In the other cases, this is an intermediate assessment of which the King sets out the terms.
Art. 75. The evaluation is conducted in a descriptive manner. It describes the services of the agent, the extent to which it has fulfilled the objectives mentioned in the letter of mission and the manner in which it has fulfilled the function for which it was appointed by mandate.
The descriptive evaluation is the subject of an evaluation report, which the Minister sets out the model, prepared by an evaluation commission. This model may be different depending on the category and nature of the mandate being evaluated.
Subject to the application of section 51 of the Act, the King shall, in a deliberate order in the Council of Ministers, establish the composition, operation and duties of the assessment board.
Art. 76. The final assessment of the agent requesting the renewal of his or her mandate shall take place no later than six months before the end of the first term of the five-year term.
Section 4. - The end of the mandate
Art. 77. The mandate ends in full:
1° on the day on which termination or withdrawal of employment takes effect;
2° the day the term of the first term of the term is expired;
3° on the day the renewed mandate ends.
Art. 78. The current mandate, whether renewed or not, is terminated if the staff member concerned:
1st ends its mandate voluntarily;
2° does not offer satisfaction in its function;
3° pursuant to section 107, paragraph 6, of the Act, is designated for another term.
Art. 79. Subject to the application of sections 49 and 107 of the Act, the term of office of a staff member may be terminated prematurely by the competent authority for the designation of the mandate, when, on the basis of an assessment of the competent assessment board for the assessment of the mandate concerned and after the staff member concerned has been heard, it appears that the latter does not give satisfaction in the exercise of its mandate.
CHAPTER X. - Termination of employment and termination of functions
Art. 80. Unless otherwise expressly provided, this chapter does not apply to the contracting staff member.
Art. 81. On an ex officio basis and without notice the subject of a final withdrawal of employment:
1° the staff member who no longer meets the condition of nationality, as long as it was and is always a condition of recruitment, the person who no longer enjoys his or her civil and political rights, the person who no longer complies with the laws of the militia or the person who has indicated in writing that he or she will no longer perform his or her duties on philosophical or religious grounds;
2° the staff member who is retired from office because of physical disability or pursuant to section 82;
3° the staff member who, in accordance with section 125, paragraph 3, of the law, has been in irregular absence for more than ten days;
4° the staff member who is in the situation where the application of civil laws or criminal laws results in the withdrawal of employment;
5° the staff member who is revoked or dismissed for disciplinary reasons;
6° the aspirant who has failed permanently, with the exception of the aspirant who in the context of the promotion by accession to a higher frame is commissioned as such;
7° the trainee who is dismissed for professional incapacity, with the exception of the trainee who has acquired this quality as part of a promotion by accession to a higher level;
8° the staff member whose professional incapacity referred to in section 83 has been permanently recognized.
Art. 82. Subject to the application of section 83 of the Act of 5 August 1978 of economic and budgetary reforms, the staff member who meets the conditions to obtain, at his or her request, a retirement benefit shall be placed on the first day of the month following the month in which he or she is laid off.
The retiring of office referred to in paragraph 1er, is assimilated to a retirement for physical incapacity.
Art. 83. The staff member is declared permanently unfit for professional reasons if he/she receives two successive operational evaluations bearing the final "sufficient" or four operational evaluations bearing the same final mention throughout his/her career.
Art. 84. Holding the post:
1st voluntary resignation;
2° retirement.
Art. 85. The decision to accept the resignation of a staff member or the decision to terminate employment following an irregular absence referred to in section 125, paragraph 3, of the Act, may be accompanied by the obligation of the staff member who is subject to it, as the case may be, and subject to section 128, paragraph 2, of the Act, to pay to the State, the municipality or the multi-communal area, the amount determined by the
However, this requirement may not be imposed on a staff member who, after his basic training giving access to the framework on which he or she belongs on the date of acceptance of his or her resignation, has made a minimum number of years of service, from the date of appointment, which corresponds to once and a half the duration of that basic training, without the number of years of service to be performed more than five.
The allowance is degressive. It includes a fraction of treatment paid during basic training. The numerator of this fraction is the difference between the minimum number of years of service set out in paragraph 2 and the number of years of service actually performed after the basic training. The denominator of this fraction is the minimum set by paragraph 2.
For any training determined by the Minister or for any higher education after the basic training referred to in paragraph 2, an additional year of service shall be added for each training year at the expense of the authority, to be completed after that training.
Art. 86. A staff member who, for one of the reasons listed in section 81, is removed from his or her duties, may no longer be part of the framework referred to in section 116 of the Act of which he or she was a member at the time of his or her final withdrawal of employment.
CHAPTER XI. - Medical care
Art. 87. Without prejudice to the compensation provided by the Act of 3 July 1967 on the prevention or repair of damage caused by accidents at work, accidents on the way to work and occupational diseases, staff members shall, on the terms and conditions established by the King, benefit from the intervention of the federal authority in all or part of the cost of health care.
CHAPTER XII. - The right to treatment and payment
Section 1re. - The right to treatment
Art. 88. The pre-trial staff member receives, as a precautionary measure, half of his/her treatment, 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.
Art. 89. A staff member who is a prisoner or interned from war or is taken hostage or in a similar situation retains the right to treatment. However, upon a decision of the Minister, the treatment may be reduced or deleted for any or part of the period of captivity or interference if the facts that are at the origin of the capture or if the conduct of the interested person during captivity or internence are incompatible with his or her status as a staff member.
Section 2. - Guaranteed reward
Art. 90. For the purposes of this section, it shall be understood by:
1° "retribution": increased treatment of allowances, salary supplements or lump sum benefits granted each month and determined by the King;
2° "complete benefits": benefits whose schedule completely absorbs a normal professional activity.
Art. 91. The annual retribution of staff who have reached the age of 21 is never lower for full benefits:
1° to 12.036,31 EUR, if, in the area of social security, the individual is not subject to any deduction;
2° to 13,234.20 EUR, if, in the area of social security, the individual is subject only to the compulsory health and disability insurance scheme, health care sector;
3° to 12.478.10 EUR, in other cases.
Art. 92. The difference between the annual retribution referred to in section 91 and that which would normally be returned to the agent is granted to the agent in the form of a salary supplement and incorporated in the treatment.
Art. 93. § 1er. If the agent performs incomplete benefits, the salary set out in accordance with section 92 shall be granted only on the prorated basis of these benefits.
The provisions of paragraph 1er does not apply to reduced sickness benefits or reduced pregnancy benefits.
§ 2. By means of a medical certificate that demonstrates its need, a specific weekly working regime allowing it to reduce its working time is granted to pregnant women in the operational framework. At the request of the Contracting Party, the reduced benefit work plan may be granted per full day.
The days of illness that, under a medical certificate, are attributable to the pregnancy status are not reduced by the contingent of sick days.
Art. 94. The annual non-indexed amount of the salary supplement for the exercise of a mandate or for the exercise of a higher function is reduced from the amount of the salary supplement referred to in section 92.
Art. 95. The mobility regime applicable to the salaries of departmental staff also applies to the annual remuneration referred to in section 91. It is attached to the pivotal index 138,01.
Section 3. - Specific provision
Art. 96. Except in the cases provided for by the King in a deliberate order in the Council of Ministers, the staff member on leave for mission of general interest ceases to depart from the budget of the federal police or a local police force for the duration of the mission.
However, the Minister may, by agreement of the Minister of Budget, in special cases, waive the rule referred to in paragraph 1er.
CHAPTER XIII. - Amendments
Section 1re. - Amendments to the Act of 7 December 1998
organizing an integrated, two-tiered police service
Art. 97. In Article 15, paragraph 1er, from the law, the words "to the third degree" are replaced by the words "to the second degree".
Art. 98. In section 25, paragraph 1er, from the law, the words "at least ten times a year" are replaced by the words "at least four times a year of which at least once a semester".
Art. 99. An article 29bis, as follows, is inserted into the law:
"Art. 29bis . In the monocommunal police zone, by derogation from Article 26bis , § 1er, of the new communal law, the head of the body prepares matters within a multi-communal area of competence, as the case may be, of the council or of the police college which are submitted to the communal council or to the college of the bourgmestre and echevins.
In the same police area, the head of the local police force attends the meetings of the council and the college each time the objects referred to in paragraph 1 are dealt with therein.er.
For the purposes of section 27, it must be heard by the words "communal secretary" in section 87 of the new communal law the words "body chief of the local police". "
Art. 100. In section 32bis of the law, the first sentence is replaced by the following provision:
"The police council or the municipal council may fix an allowance for the secretary in the police zone. »
Art. 101. In section 34 of the Act, the words "Section 131" are replaced by the words "Sections 131 and 142".
Art. 102. Section 34, 4°, of the law is replaced by the following text:
"4° to section 250 of the new communal law, the words "by the mayor or by the one who replaces it, and by alderman" must be read as "by the president of the police college or by the president who replaces it, and by a member of the police college".
Art. 103. An article 34ter, as follows, is inserted into the law:
"Art. 34ter . § 1er. Payment of strictly necessary expenses for the proper functioning of the local police may be made by personnel in the area designated by the council.
The Board shall determine the amount of the provision allocated to the staff members and the maximum amount per expenditure.
The Special Accountant shall hand over the provision against acknowledgement of receipt to designated personnel who are personally responsible for it.
§ 2. Regular expenses incurred by the provisions referred to in § 1er shall be reimbursed to the staff member responsible for the management of the provision, upon presentation of a request for payment filed with the College, periodically and no later than 31 December of the year to which payments are made.
A special request is made for each budget credit.
These requests are forwarded to the Special Accountant for the control of their regularity. They are supported by invoices signed for acquittal, quittttances or receipts written by creditors.
Applications are registered and charged to the appropriate budgetary credit and are attached to the payment order that must be established for the provision of the allowance.
The holder of a reserve shall reimburse the special accountant when discharged. "
Art. 104. Section 41, paragraph 2, of the Act is replaced by the following provision:
"The King sets out, by order deliberately in the Council of Ministers, the criteria and modalities for the determination and payment of the federal grant, which is paid at least by twelfth, including the rules relating to the determination of costs to be included in the subsidy for federal, general or specific missions that are performed by the local level of the integrated police. »
Art. 105. Section 50 of the Act is replaced by the following provision:
"Art. 50. - The municipal council or the police council shall be the selection commission referred to in section 48 in accordance with the terms fixed by the King in a deliberate order in the Council of Ministers.
The mayor or, as the case may be, the chair of the Police College shall preside over the selection commission and, where appropriate, the selection commissions for other mandates in the local police force.
The terms and conditions of operation and the missions of these commissions are determined by the King in a deliberate order in the Council of Ministers.
Where applicable, the municipal council or the police council may decide to appeal to a selection commission established by the Minister of the Interior, in accordance with the terms referred to in paragraph 3. »
Art. 106. Section 51 of the Act is replaced by the following provision:
“Art. 51. - The assessment boards shall be constituted by the Minister of the Interior, in the manner determined by the King in a deliberate order in the Council of Ministers.
The mayor or, as the case may be, the president of the Police College shall preside over the assessment board of the head of the body, as well as, where applicable, assessment boards for other mandates in the local police force.
The Inspector General of the Federal and Local Police or his or her delegate is part of these commissions.
The King also determines in a deliberate order in the Council of Ministers the modalities for the operation of these assessment boards and specifies the missions. »
Art. 107. In section 93 of the law, the second sentence of 2° and 3° and 4° are replaced by the following provision:
"The branches are composed of central or decentralized services, including:
(a) decentralized coordination and support services;
(b) Deconcentrated judicial services;
(c) borough information hubs;
(d) communication and information centres. »
Art. 108. Section 96, paragraph 3, of the Act is replaced by the following provision:
"The members of the local police referred to in paragraph 1er, shall be designated by the Minister of the Interior after notice of the Standing Committee of the Local Police and the Advisory Council of the Bourgmestres. For members of the local police designated to the general management of the judicial police, the Minister of Justice's notice is also required. »
Art. 109. An article 96bis, as follows, is inserted into the law:
"Art. 96bis . Police areas contribute, through the engagement of personnel, in accordance with the terms to be determined by Royal Decree deliberated in the Council of Ministers, to the operation of communication and information centres.
The King may also set, by order deliberately in the Council of Ministers, the conditions under which police zones can replace the engagement of personnel with an equivalent financial contribution. »
Art. 110. An article 105bis, as follows, is inserted into the law:
"Art. 105bis . - The borough information hub is responsible, in the jurisdiction for which it is competent, for supporting the processing of information.
The borough information crossroads carry out their duties for the benefit of both the federal police and the local police, and therefore the federal police and the local police actually participate in their composition and operation.
The logistical and administrative day-to-day management of the borough information hub is the responsibility of the administrative coordinator.
The functional management of judicial information is the responsibility of the judicial director.
The functional management of administrative information is the responsibility of the administrative coordinator director.
The King may, by a deliberate decree in the Council of Ministers, determine the rules of composition and the modalities of operation of the information hubs. »
Art. 111. - Section 121 of the Act, as amended by the Act of 31 May 2001, is replaced by the following provision:
"Art. 121. - The terms and conditions for the status of the staff of the operational framework and the administrative and logistical framework are fixed by the King. »
Art. 112. An article 121bis, as follows, is inserted into the law:
"Art. 121bis . _ The King fixed:
1° the conditions and modalities of the transition from operatives to the administrative and logistical framework;
2° the terms of use according to the mobility regime of the statutory members of the administrative and logistical framework. »
Art. 113. In section 142ter, paragraph 3, of the law, the words ", if any, on a contractual basis" are inserted between the words "to subsidize" and "operation".
Art. 114. Article 142sexies , paragraph 1er, the law is supplemented as follows:
"or the authority he designates. »
Art. 115. In section 149 of the Act, as amended by the Act of 2 April 2001, the following amendments are made:
1st paragraph 1er is completed as follows:
"For this purpose, the general inspection is empowered, for exceptional or temporary purposes, to recruit, under the agreement of the Minister of the Interior, staff members under a contract of employment. »;
2° to paragraph 2, the words "including the verification of the irreproachable behaviour of candidates" are inserted between the words "designation to the general inspection" and the words "the status of staff";
Paragraph 4 is repealed.
Art. 116. Section 238 of the Act is supplemented by the following paragraphs:
"Only eligible for this voluntary measure, members of the local police who, on the day the municipal council or the police council decided to introduce it, were in fact part of the police area in which it applies.
The municipal council or the police council which has already taken a decision referred to in the preceding paragraphs may still make, for staff members who have been or are transferred to the police area for which it is competent, a supplementary decision establishing a voluntary leave pre-retirement measure, in accordance with the terms set out in this article. »
Art. 117. Article 239, paragraph 1er, the first sentence is replaced by the following sentence: "The commune or the police council shall allocate to the staff member on voluntary leave prior to retirement a waiting treatment equal to 80% of the last treatment of activity. »
Art. 118. Article 248bis , § 3, of the law is replaced by the following provision:
“§3. The Minister of the Interior shall determine the rules for the inventory and estimation of the property referred to in § 1er.
The effective transfer of the municipality's heritage is made after a visa from the local receiver and the head of body and contains the complete inventory of the collective equipment as of 31 December 2001.
During the final transfer of assets, the local receiver or special accountant in collaboration with the area managers will have to control whether all the assets and all the endowments have been transferred to the area.
Any litigation is submitted to the Police College at first instance. The Director Administrative Coordinator attends the proceedings of the Police College in the event of a dispute over the property of federal police brigades.
The Minister of the Interior or his or her delegate resolves the disputes in terms of appeal. He is assisted by an expert committee. »
Art. 119. Section 252 of the Act is supplemented by the following paragraph:
"The police officers who pass to the local police operational corps and who, prior to the coming into force of this Act, had the status of an administrative police officer, a judicial police officer or a judicial police officer, an auxiliary to the King's prosecutor, retain this quality. »
Section 2. - Amendments to the Act of 13 May 1999
disciplinary status of police personnel
Art. 120. In section 24, paragraph 2, of the Act of 13 May 1999 on the disciplinary status of police personnel, the words "is required" that follow "from the borough to the territorial level" are deleted.
Art. 121. Section 27 of the Act is replaced by the following provision:
"If the disciplinary authority or disciplinary board considers that there are substantial grounds for not entrusting an investigation to the hierarchical authority, among other things in the proceedings referred to in sections 26, 32, 38 and 49, paragraph 3, it may appeal to the general inspection of the federal police and the local police. Any dispute relating to the merits of serious grounds invoked to refer to the general inspection shall, for final determination, be submitted to the Minister of the Interior. »
Art. 122. In section 36, paragraph 2, of the Act, as amended by the Act of 31 May 2001, the word "of" between the words "to" and "five working days" is deleted.
Art. 123. In section 37, paragraph 2, of the Act, the words "if any extended period of time required for the application of section 36 shall be inserted between the words "paragraph 1" and the words "disciplinary authority".
PART III. - Third-party benefits and organic budget funds
Art. 124. Section 115 of the Act is replaced by the following provision:
"Art. 115. § 1er. During the period during which National Defence and the Federal Police must extend their mutual support, the Minister of the Interior is authorized to value the benefits provided to National Defence and to compensate National Defence for benefits received on the basis of additional costs.
Where applicable, amounts due by National Defence are earmarked for an organic budget fund.
§ 2. The Minister of the Interior is authorized to increase the capacity of the federal police by voluntary, financial or material contributions from the European Union, supranational public bodies, federal authorities, regions, communities, provinces, multi-communal areas or municipalities, and granted in the course of the missions that are legally entrusted to the federal police.
The financial resources thus provided are allocated to a budget fund.
§ 3. In cases where the appeal to the federal police is not regulated under the law, the Minister of the Interior is authorized to assign against payment of personnel and property of the federal police to public utility benefits, provided that:
1° legal missions are not endangered;
2° benefits have a humanitarian or cultural character or contribute to national assistance;
3° benefits consist of the provision of personnel or real property, the loan of goods, the delivery of consumer goods or the provision of services.
Revenue from these benefits is allocated to an organic budget fund.
§ 4. The Minister of the Interior is authorized to carry out by the Federal Police, at the request of a legal entity, administrative police missions of an exceptional character and requiring a particular commitment of means to personnel or equipment.
Revenue from these benefits is allocated to an organic budget fund.
The exceptional administrative police missions carried out for the benefit of a federal public law person who does not carry out financial or commercial activities, however, do not result in reimbursement.
§ 5. Payments made by:
1° the multi-communal areas or municipalities for the delivery of clothing and equipment to be issued by local police as an individual endowment;
2° of federal or local police personnel for clothing and equipment deliveries exceeding their individual staffing.
§ 6. The Minister of the Interior or the delegated officer is authorized, provided that the principles of public procurement legislation are respected, to dispose of surplus, economically amortized or technologically obsolete equipment and waste.
The alienation may take the following forms:
1° a contract for work or services where the products that are the subject of the contract or originating from its execution are assigned to the contracting partner as a total or partial payment for the benefits provided by the contract;
2° a trade agreement concerning equipment, goods, weapons and ammunition for the purpose of acquiring similar goods.
When the transactions referred to in the convention for the purpose of executing these alienations are revenue, they are allocated to an organic budget fund.
§ 7. The Minister of the Interior or the delegated ordinancestor, is authorized to give free of charge equipment, animals and/or surplus assets:
1° be to third countries in the context of assistance, as well as to make limited service benefits in those countries related to such transfers;
2° to organic services of the Ministry of the Interior, for the optimal use of means within the department.
§ 8. The Minister of the Interior sets out the nature, terms and conditions of applications and payments, as well as those of cost calculations and valuations related to requests and payments, referred to in §§ 1er 7.
§ 9. As part of the support provided by the federal level of the integrated police at the local level, the Minister of the Interior is authorized to provide equipment, goods and services to the multi-communal areas and municipalities.
These supplies take place:
1° either on its own and free of charge, if they are part of the general support missions whose expenses are borne by the General Estimates;
2° on request but against payment, in other cases.
Revenue is earmarked for an organic budget fund.
In both cases, the transfer of ownership of the equipment is included in federal police inventories.
§ 10. The King sets out, by deliberate decree in the Council of Ministers, the nature of the support missions that are provided free of charge at the local level by the federal level of the integrated police.
For benefits that are provided against payment, the King sets out the rules relating to claims for benefits, the determination of costs to be charged and how to recover them. "
Art. 125. In the table annexed to the Organic Law of 27 December 1990 establishing budgetary funds, as amended by the Acts of 6 August 1993, 24 December 1993, 21 December 1994, 4 April 1995, 6 April 1995, 29 April 1996, 22 February 1998, 23 March 1998, 5 July 1998, 15 January 1999, 20 January 1999, 22 April 1999, 3 May 1999, 3 December 1999, 10 July 2000, 12 August 2000, 2 January 2001 and 19 July 2001, the section “Gendarmerie - Rijkswacht” is replaced by the provisions contained in the annex.
Art. 126. § 1er. Until the local police force is effectively set up in the police areas concerned, the Minister of the Interior is authorized to make payments by the federal police, for the benefit of the municipalities who, under section 54bis of the Act of 2 December 1957 on the gendarmerie, benefited from them.
Payments made in receipt can be allocated to the organic budget fund 17/1 - "Payment benefits fund".
§ 2. The King sets out in a deliberate order in the Council of Ministers the terms and conditions under which the authorization to be granted by the Federal Police of benefits against payment and the payment of such benefits is subject.
Art. 127. Sections 53 and 54 of the 19 July 2001 Act are repealed.
PART IV. - Special services
Art. 128. The services established within the framework of the internal service of the gendarmerie, referred to in section 70 of the Act of 2 December 1957 on the gendarmerie repealed by section 212 of the Act, maintain their legal existence and maintain their capacity to act for a period of two years.
The Chief Human Resources Officer of the Federal Police is empowered to organize and adapt the structure and operation of these services according to structural reforms, in consultation with trade union organizations.
PART V. - Modificative, transitional and final provisions
Art. 129. In section 168, fifteenth of the program law of 30 December 2001, the words "and 131" are inserted between the word "130" and the word "who".
Art. 130. Section XII.VIII.10 of the Royal Decree of 30 March 2001 on the legal position of police personnel, as confirmed by the Act of 30 December 2001, is supplemented by the following paragraph:
"By the service referred to in paragraph 1er, the benefits referred to in Article VIII.X.5 should also be heard. "
Art. 131. An article XII.VIII.10bis, as follows, is inserted in the same Royal Decree, as confirmed by the law programme of 30 December 2001:
"Art. XII.VIII.10bis . For members of the operational staff of a communal police force, for the members of the statutory personnel of the administrative and logistical framework of a communal police force and for the statutory members of the non-police communal personnel, it is necessary to hear by the number of days of illness referred to in article VIII.X.1er, the number of days of cumulative disease obtained from public administrations. »
Art. 132. In Article 12, § 1erParagraph 1er, of the Act of 24 March 1999 organizing relations between the public authorities and the trade union organizations of the police personnel, the words "under the conditions laid down in Article 6" are replaced by the words "on the condition referred to in Article 6, paragraph 2, 2°, b ."
Art. 133. In article 5, paragraph 4, of the Criminal Code, the words ", multi-communal zones" are inserted between the words "communities" and the words "tramunicipal territorial bodies".
Art. 134. The following amendments are made to section 44/1 of the Police Function Act of 5 August 1992:
1° in paragraph 3, the words "Belgian or foreign" are inserted between the words "to the police" and "to the general inspection";
2° paragraph 3 is supplemented as follows: "They may also be communicated to international police cooperation organizations in respect of which the Belgian public authorities or police services have obligations. »;
3° the article is completed by the following paragraph:
"The King shall determine to which other public authorities the same data and information may also be communicated by a deliberate decree in the Council of Ministers that sets out the terms of it after the advice of the Commission on the Protection of Privacy. »
Art. 135. Chapter VIII of Part II of this Act also applies to military personnel referred to in Article 4, § 2, of the Act of 27 December 2000 on various provisions relating to the legal position of police personnel.
Art. 136. Articles I.I.1erII.I.11, II.II.1erII.II.2, II.III.1erParagraph 1er, 2 and 3, II.III.2, III.1er, III.III.2, III.V.1er, III.V.2, IV.I.4, IV.I.5, IV.I.6, IV.I.7, IV.I.8, IV.I.9, IV.I.11, IV.I.15, para. 2, IV.I.35, IV.I.41, IV.I.42, IV.I.43, IV.I.44, IV.I.45, IV.I.46, IV.I.erVII.I.2, VII.I.3, VII.I.4, VII.I.5, VII.I.10, para. 1erVII.I.13, VII.I.21, para. 1er and 2, VII.I.26, VII.I.27, para. 2, VII.I.28, para. 1erVII.I.29, VII.I.30, VII.I.40, para. 1erVII.I.41, paragraph 1er, VII.I.44, VII.II.1er, §2, VII.II.2, VII.II.4, VII.II.5, VII.II.6, VII.II.7, VII.II.8, VII.II.11, paragraph 2, VII.II.12, paragraph 2, VII.II.28, VII.II.29, VII.III.1erVII.III.2, VII.III.3, paragraph 1er, VII.III.4, paragraph 1er, VII.III.8, paragraph 1er, VII.III.16, paragraph 1er, VII.III.19, VII.III.20, para. 1erVII.III.53, VII.III.86, VII.III.87, VII.III.88, VII.124, VII.III.125, VII.III.129, VII.IV.2, VII.IV.4, VII.IV.5, VII.IV.6, VII.IV.7, VII.IV.8, VII.IV.9, VII.IV.13, paras. 2, VII.IV.14, paras.erIX.I.2, paragraph 1er IX.I.3, IX.I.4, IX.I.6, para. 4, IX.I.7, para. 1erIX.I.8, IX.I.10, IX.I.12, X.I.1er, XI.II.1erParagraph 1erXI.II.2, XI.II.16, XI.II.23, § 1er, XI.II.24, XI.II.25, XI.II.26, XI.II.27 and XI.II.28 of the Royal Decree of 30 March 2001, bearing the legal position of police personnel, are confirmed.
Art. 137. For its application, Part XII of the Royal Decree of 30 March 2001 on the legal position of police personnel, confirmed by section 131 of the Program Law of 30 December 2001, must be read with the version of the same order as set out on the date of entry into force of this Act. The amendments to the above-mentioned Royal Decree of 30 March 2001 after that date of entry into force are to be applied in accordance with Part XII to the extent and to the extent explicitly provided for.
Art. 138. This Act comes into force on the day of its publication in the Belgian Monitor, with the exception of:
1° Article 97 which produces its effects on 1er January 2001;
2° Articles 1er 96, 130, 131 and 136 that produce their effects 1er April 2001.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 April 2002.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2001-2002.
Chamber of Representatives:
Parliamentary documents. - Bill No. 50-1683/1. - Erratum no. 50-1683/2. - Amendments No. 50-1683/3-5. - Report No. 50-1683/6. - Text adopted by Commission No. 50-1683/7. - Text adopted in plenary and transmitted to the Senate No. 50-1683/8.
Full report: 18 April 2002.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives No. 2-1102/1. - Amendments No. 2-1102/2. - Report No. 2-1102/3. - Amendments No. 2-1102/4. - Decision not to amend No. 2-1102/5.
Annales of the Senate. - Session of 25 April 2002.