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An Act To Amend Certain Provisions Relating To The Judicial Cantons (1)

Original Language Title: Loi modifiant certaines dispositions relatives aux cantons judiciaires (1)

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27 AVRIL 2001. - An Act to amend certain provisions relating to judicial cantons (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II
Provision amending the Schedule to the Judicial Code
Art. 2. Article 1er, section IV, of the Schedule to the Judicial Code, as amended by the Act of 9 April 1971, are amended as follows:
1° in § 108, the words « Handzame », « Koekelare » and « Kortemark » are deleted;
2° § 120 is replaced by the following provision:
§ 120. The communes of :
Beerst,
Diksmuide,
Driekapellen,
Handzame,
Houthulst,
Klerken,
Koekelare,
Kortemark,
Merkem,
Vladslo,
Woumen,
Zarren-Werken,
form a judicial canton whose seat is established in Dixmude. »
CHAPTER III. - Provisions amending the Act of 25 March 1999 on the reform of judicial cantons
Art. 3. Article 5 of the Act of 25 March 1999 on the reform of judicial cantons, in the provision replacing Article 1er the following amendments are made to the Schedule to the Judicial Code:
1° in section 6:
(a) in paragraph 1 the words "in the east of Dendre" are replaced by the words "in the west of Dendre";
(b) in paragraph 2, the words "Western Dendre" are replaced by the words "Eastern Dendre";
(c) Paragraph 7 is replaced as follows:
"The town of Tamise and the part of the city of Saint-Nicolas delimited to the north by the railway Ghent-Anvers from the Westerplein to the railway line Tamise-Malines, to the east by the railway line Tamise-Malines to the border with the municipality of Tamise, to the south by the N41hoat the seat is established in Saint-Nicolas. »;
2° in section 8, paragraphs 4 and 5 are replaced respectively by the following:
“The city of:
Huy,
and the municipalities of:
Amay,
Engis,
Marchin,
Wanze,
form the first judicial canton of Huy whose headquarters is located in Huy.
The city of :
Hannut,
and the municipalities of:
Braives,
Burdinne,
Heron,
Lincent,
Saint-Georges-sur-Meuse,
Villers-le-Bouillet,
Verlaine,
Wasseiges,
form the second judicial canton of Huy whose seats are located in Hannut and Huy. »
Art. 4. The following amendments are made to section 7 of the Act:
1° 6° is replaced by the following provision:
"6° point 19 is replaced by the following provision:
19. Termonde.
This court has jurisdiction over the cantons of Termonde-Hamme, Wetteren-Zele and Lokeren. »
2° the article is completed as follows:
"7° point 20 is replaced by the following provision:
« 20. Saint-Nicolas.
This court exercises jurisdiction over the territory of the canton of Beveren and the two cantons of Saint-Nicolas. "
Art. 5. Section 11 of the Act, partially annulled by the decision of the Court of Arbitration No. 62/2000 of 30 May 2000, is replaced by the following provision:
“Article 11. Article 53, § 5, of the same law, as amended by the law of 9 August 1963, is replaced by the following provision:
Ҥ 5. The Chief Clerk of Peace Justice of the Canton of Mouscron-Comines-Warneton must justify the knowledge of the Dutch language; the chief clerks of the justices of the peace of the cantons of Tongres-Fourons, Kraainem-Rhode-Saint-Genesis and Meise must justify the knowledge of the French language.
The Chief Clerk or a Clerk or Deputy Clerk of the Peace Justices of Ath-Lessines and Enghien-Lens must justify the knowledge of the Dutch language: the Chief Clerk or an Assistant Clerk of the Peace Justices of the Second Canton of Courtrai, the Second Canton of Ypres-Poperinge, the cantons of Renaix and Herne-Pieters- »
Art. 6. In the table in section 14 of the Act, the mention "Huy-Hannut". 0. 1" is replaced by the words "Huy I . 1" and the mention "Huy . 1 . 1" is replaced by the words "Huy II-Hannut". 0 . 1".
Art. 7. An article 18bis, as follows, is inserted in Chapter VII, Section 1 of the Act:
"Article 18bis. Until the justice of the peace comes into office, the number, days and duration of the ordinary hearings of the new justices of peace that will be installed in accordance with this Act are determined by the King.
This determination shall remain valid even after the coming into force of this Act, until any subsequent amendment made pursuant to section 66, paragraph 1erThe Judicial Code.
This section does not apply to justices of the peace whose sole jurisdiction will be amended, nor to those whose jurisdiction will not be amended by this Act. »
Art. 8. Section 19 of the Act is supplemented by the following paragraph:
"With respect to these cases, the justice of the peace can carry out all the necessary acts, even if he has to go to that end in the jurisdiction which now belongs to another jurisdiction. »
Art. 9. In article 22, § 3, of the same law, the following amendments are made:
1° a paragraph 4, as follows, is inserted in the place of the former paragraph 4, cancelled by the decision of the Court of Arbitration no. 130/2000 of 6 December 2000:
"If there is an available holder, the justice of the peace referred to in the preceding paragraph remains as a personal justice of the peace of the former cantons. The incumbents of the new cantons are nevertheless responsible for the organization of the service. In the event of the termination of office of one of these holders, the justice of the peace concerned shall, without application of section 287 of the Judicial Code, be held in the canton without having to swear again. »;
2° 1 paragraph 6, as follows, is inserted in the place of the former paragraph 6, which was cancelled by the decision of the Court of Arbitration No. 130/2000 of 6 December 2000:
"If there is an available holder, the justice of the peace referred to in the preceding paragraph remains as a personal justice of the peace of the former canton. The incumbents of the new cantons are nevertheless responsible for the organization of the service. In the event of the termination of office of one of these holders, the justice of the peace concerned shall, without application of section 287 of the Judicial Code, be held in the canton without having to swear again. »
Art. 10. In section 23 of the Act, the following amendments are made:
1° § 3 is supplemented by the following paragraphs:
"When a canton is cremated in accordance with the provisions of this Act, so that parts of that canton are merged with other cantons or parts of the canton, regardless of possible changes of jurisdiction, the chief clerk of the justice of the peace of that canton becomes, without application of Article 287 of the Judicial Code, holder of the justice of the peace of the canton for which no holder is available, that without having to re-evaluate.
If there is a licensee, the provisions of paragraph 4. In this case, the period referred to in this paragraph shall take place on the date of entry into force of this provision. »;
2° the article is supplemented by a § 4, written as follows:
“§4. By derogation from Article 287bis, § 1erParagraph 1er, from the Judicial Code, for the first appointment as chief clerk of the justice of the peace of a canton determined by this Act, without a justice of the peace held at the time of publication to the Belgian Monitor of the vacancy, the Minister of Justice shall take the opinion of the president of the court of first instance in whose jurisdiction this canton is located. He transmits this notice directly to him by joining the Crown Prosecutor. »
Art. 11. In section 24 of the Act, the following paragraphs are inserted between paragraphs 1er and 2:
"By derogation from article 262 of the Judicial Code, for the first appointments as clerk and deputy clerk in the justices of the peace of the cantons determined by this law, the duplicate lists required by this article are prepared by the president of the court of first instance in whose jurisdiction the canton is located when the canton is deprived of a justice of the peace holder at the time of the publication in the Belgian monastery of the vacancy, and by the prosecutor of the King, at the same time of absence of the seat of the President,
By derogation from Article 287bis, § 1er, paragraph 3, of the Judicial Code, for the appointments referred to in the preceding paragraph, the Minister of Justice shall, for all applications, take the notice of the King's Attorney in the absence of a full chief clerk. The Minister shall transmit his opinion directly to the Minister by joining the Minister of the Peace Judge of the Canton, or, in the absence of such notice, that of the President of the Court of First Instance in whose jurisdiction the canton is located. »
Art. 12. Section 26 of the Act, as amended by the Act of 12 August 2000, is replaced by the following provision:
“Article 26. This Act comes into force on 1er September 2001, except:
1° of articles 7, 1° and 2°, 12, 13, 20, § 2, 23, § 3, paragraph 4, and 24, paragraph 1erwhich enter into force on the day of the publication of this Act to the Belgian Monitor;
2° of Article 22, § 3, paragraph 1er, and § 5, to the extent that it refers to § 3, paragraph 1erand Article 23, § 3, paragraph 1erwhich come into force on 1er October 1999;
3° of articles 18bis, 23, § 3, paragraphs 5 and 6, 23, § 4, and 24, paragraphs 2 and 3, which come into force on 1er January 2001. »
CHAPTER IV. - Transitional and final provisions
Art. 13. By derogation from Article 305 of the Judicial Code, the justices of the peace and the chief clerks of the cantons mentioned in Article 2 may continue to reside in the residence that they were actually and on a regular basis at the time of the coming into force of this Act.
Art. 14. The application of this Act shall not affect the salaries, salary increases, salary supplements other than that referred to in section 369, 5°, of the Judicial Code and the pensions of justices of the peace, chief clerks, clerks, deputy clerks and staff of the offices of the above-mentioned cantons at the time of the entry into force of section 2.
Art. 15. The courts whose jurisdiction in this Act amends the territorial jurisdiction shall remain seized of all cases brought before them, even if the place that has determined their territorial jurisdiction is now within the jurisdiction of another jurisdiction.
Art. 16. The justice of the peace of the cantons referred to in Article 2 shall be competent to carry out acts of instruction within the territorial limits of the canton on which it exercises its jurisdiction as fixed before the entry into force of this Article and within the limits of the canton on which it exercises its jurisdiction after the entry into force of the same Article.
The jurisdiction referred to in paragraph 1er may be exercised only to the extent that the performance of the acts of instruction is necessary for the treatment of the causes of which it has been validly seized before the effective date of this Act.
Art. 17. The justice of the peace who, at the time of the entry into force of Article 2, is the holder of one of the cantons mentioned in this article, remains the holder of this canton, even if the latter is amended.
Art. 18. The Chief Clerk who, at the time of the entry into force of Article 2, is the holder of the justice of the peace of one of the cantons mentioned in this article, remains the holder of the justice of the peace of that canton, even if it is amended.
Art. 19. The clerks, deputy clerks and the staff of the Peace Court Registry of the amended cantons as a result of the entry into force of Article 2, remain committed to their justice of the peace.
Art. 20. Notwithstanding the changes made by this Act to the limits of judicial cantons, notaries and judicial officers who are in office at the time of the entry into force of Article 2, may continue to exercise in their former jurisdiction.
Art. 21. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of Articles 3 to 6, 8 and 9 which come into force on 1er September 2001.
Sections 2 and 13 to 20 cease to be in force on 1er September 2001.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, 27 April 2001.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Documents of the House of Representatives:
50-371 - 1999/2000:
Number 1: Project transmitted by the Senate under the previous legislation and a record of caducity. - No. 2: Amendments. - Number three: Report. - No. 4: Text adopted by the commission. - Nos. 5 and 6: Reports.
50-371 - 2000/2001:
Nos. 7 and 8: Amendments. - No. 9: Report. - No. 10: Text adopted by the commission. - No. 11: Text adopted in plenary and transmitted to the Senate.
Annales de la Chambre : December 14, 2000.
Documents of the Senate:
2-604 - 2000/2001:
No. 1: Project transmitted by the House of Representatives. - No. 2: Amendments. - Number three: Report. - No. 4: Text adopted by the commission. - Number five: Report. Concertation. Conflict of interest. - 6 and 7: Amendments. - No. 8: Supplementary report. - No. 9: Text adopted by the commission. - No. 10: Amendment. - No. 11: Text amended by the Senate and referred to the House of Representatives.
Annales of the Senate: March 29, 2001.
Documents of the House of Representatives:
50-371 - 2000/2001:
No. 12: Draft amended by the Senate. - No. 13: Amendments. - No. 14: Report. - No. 15: Text adopted in plenary session.
Annales de la Chambre : 16 avril 2001.