15 JUIN 2001. - An Act to amend sections 190, 194, 259 bis 9, 259 bis 10, 259octies and 371 of the Judicial Code, inserting section 191 bis in the Judicial Code and amending section 21 of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Amendments to the Judicial Code
Art. 2. In the French text of Article 190, § 2bis, of the Judicial Code, replaced by the law of 18 July 1991 and amended by the laws of 1^er December 1994, 6 May 1997, 10 February 1998, 22 December 1998 and 24 March 1999, the words "priority" are inserted between the words "is assigned" and "a candidate".
Art. 3. In the same Code, section 191bis, as renumbered by the Act of 22 December 1998, is reinstated in the following wording:
§ 1^er. Any person who has exercised his or her profession as a principal professional activity for at least the last twenty years or who has practised this activity for at least fifteen years as a principal professional activity and then held for five years a position whose exercise requires good knowledge of the law is exempted from the examination of professional fitness prescribed in 259bis-9, § 1^erfor an appointment referred to in section 190, provided that the conditions set out in § 2 are met.
§ 2. To this end, an application shall be submitted by registered letter to the post addressed to the competent appointing and appointing board, depending on the language of the doctor's degree or the legal degree.
This writing must be accompanied by the supporting documents from which it appears that the conditions referred to in § 1^er are filled.
Within forty days of receipt of the application, the appointing and appointing committee shall decide on its admissibility by a three-quarters majority vote.
If the appointing and appointing board declares the application inadmissible, the applicant shall be informed by registered letter to the position.
If the appointing and appointing board declares the application admissible, the applicant is invited to an assessment review by registered letter to the position.
An applicant whose competent appointing and appointing board considers, by a three-quarters majority of the votes, that the applicant has passed the oral assessment examination is authorized to apply for an appointment referred to in section 190.
§ 3. The authorization issued by the appointing and appointing board is valid for three years from the date of issuance of the authorization.
If the candidate has not passed the oral assessment examination, the applicant shall be notified by registered letter to the position. In this case, the interested party may apply a new application no later than three years after this notification.
Art. 4. Section 194 of the same Code replaced by the Act of 18 July 1991 and amended by the Acts of 1^er December 1994, 6 May 1997, 22 December 1998 and 24 March 1999, § 4, paragraph 1^er, is replaced by the following provision:
“Without prejudice to the conditions set out in § 1^er, the function of a substitute for the King's public prosecutor specializing in tax matters is assigned to a candidate who justifies this knowledge specializing in its titles or experience. These titles and experiences are reviewed by the appointment and designation commission referred to in section 259bis-8. »
Art. 5. Article 259bis-9, § 1^erthe same Code, which was inserted by the Act of 22 December 1998, are amended as follows:
1st paragraph 1^er is completed as follows: "as well as the program of the oral evaluation examination";
2° in paragraph 2, the words "The examination of professional fitness and the examination of admission to judicial training" are replaced by the words "The examination of professional fitness, the examination of admission to judicial training and the oral examination of evaluation".
Art. 6. Article 259bis-10, § 1^er, the same Code, inserted by the Act of 22 December 1998, is supplemented as follows:
"3° the organization of the oral examination of evaluation according to the terms and conditions determined by Royal Decree and the granting of the authorization referred to in Article 191bis, § 2, last paragraph.
Art. 7. In section 259octies of the same Code, inserted by the Act of 22 December 1998, the following amendments are made:
1° to § 2, paragraph 1, the second dash is replaced by the following provision: " - 16^e to 21^e months included in a penitentiary institution, a police service, a notary study or a study of a judicial officer or in a legal department of an economic or social public institution, all established in the Kingdom or the European Union";
2° to § 3, paragraph 2, the second dash is replaced by the following provision: " - of the 13^e to 15^e months included in a penitentiary institution, a police service or a legal service of a public economic or social institution, all established in the Kingdom or the European Union. »
Art. 8. In Article 371, § 2, (a), of the same Code, as amended by the Act of 2 August 1974, the words "ten years" are replaced by the words "four years".
Amendment of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges
Art. 9. Article 21, paragraph 4, of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges, as amended by the laws of 6 August 1993, 1^er December 1994 and replaced by the Act of 22 December 1998 are amended as follows:
1° the words "who have regularly replaced, in the five years preceding their application, either judges or members of the Public Prosecutor's Office" are inserted between the words "the above-mentioned substitute judges" and "a winner";
2° the word "shall" is replaced by the word "may";
3° the word "also" is deleted.
Final provisions
Art. 10. Article 194, § 4, paragraph 1^er, the Judicial Code, as amended by section 4 of this Act and section 21 of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges, as amended by section 9 of this Act, shall apply only to holidays published in the Belgian Monitor after the entry into force of the aforementioned article.
Art. 11. The provisions of Article 259octies, § 2, paragraph 1^er, second indent and § 3, paragraph 2, second indent of the Judicial Code, as amended by this Act, are not applicable to persons appointed intern before 1^er January 2000.
Art. 12. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of Articles 3, 5 and 6, which come into force on the date fixed by the King, and no later than twelve months after the publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 June 2001.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
State seal
Minister of Justice,
Mr. VERWILGHEN
____
Note
Regular session 2000-2001
House of Representatives:
Parliamentary documents 50 0703:
001: Bill.
002 to 011: Amendments.
012: Report.
013: Text adopted by the Commission.
014: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. Discussion and adoption. Session of January 23 and 25, 2001.
Senate
Parliamentary documents 2-639:
No. 1: Project transmitted by the House of Representatives.
n^bones 2-4: Amendments.
Number 5: Report.
No. 6: Text adopted by the commission.
No. 7: Amendments after approval of the report.
No. 8: Text amended by the Senate and referred to the House of Representatives.
Annales parliamentarians. Discussion and adoption. Session of March 8, 2001.
House of Representatives:
Parliamentary documents 50 0703:
015: Draft amended by the Senate.
016: Amendments.
017: Report.
018: Text adopted by the commission.
019: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. Discussion and adoption. Session of March 29, 2001.
Senate
Parliamentary documents 2-639:
No. 9: Project brought back by the House of Representatives.
No. 10: Amendments.
Report.
No. 12: Text adopted in plenary and subject to Royal Assent.
Annales parliamentarians. Discussion and adoption. Session of June 7, 2001.