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17 JULY 2000. - An Act to amend the Judicial Code, the Act of 22 December 1998 amending certain provisions of Part II of the Judicial Code relating to the Superior Council of Justice, the appointment and designation of magistrates and establishing an assessment system for magistrates and the Act of 15 June 1935 concerning the use of languages in judicial matters (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Judicial Code
Art. 2. In article 259bis-4, § 2, of the Judicial Code, inserted by the law of 22 December 1998, the words "a magistrate and a non-magistrate who are members of the office, who belong to a different college and who have not yet been president of the Superior Council" are replaced by the words "a member of the office, belonging to a different college and who has not yet been president of the Superior Council".
Art. 3. Article 259bis-10, § 1^er, 1°, of the same Code, inserted by the law of 22 December 1998, the words " referred to in Article 186bis, § 1^er, 1°, 2° and 4°" are replaced by the words "objected to article 58bis, 1°, 2° and 4°".
Art. 4. Section 259bis-21 of the same Code, inserted by the Act of 22 December 1998, is supplemented by the following paragraph:
“§4. The High Council may award an hourly allowance to its members for work performed outside the premises of the High Council on the correction of examinations and examinations and for the examination of complaints, provided that such benefits are not paid on the basis of §§ 2 and 3. »
Art. 5. Article 259quater, § 5, of the same Code, replaced by the Act of 22 December 1998, paragraph 1^er is replaced by the following paragraph:
"The designation of a candidate outside the jurisdiction as head of body shall result in a simultaneous appointment, if any overnumbered, to that jurisdiction without the application of section 287. Where the jurisdictional framework only provides for the sole head of body, the appointment shall be made in accordance with section 100, if any overnumbered. »
Art. 6. Section 259s of the same Code, inserted by the Act of 6 May 1997 and replaced by the Act of 22 December 1998 is supplemented by the following paragraphs:
"The appointment to a Deputy Mandate pursuant to Article 259quinquies is only possible in the jurisdiction over which the Magistrate is charged.
With the exception of the terms of reference of a judge of assistance and a federal magistrate, the designation to a specific mandate in accordance with Article 259sexies is only possible in the jurisdiction over which the judge is charged. »
Art. 7. In section 287bis of the same Code, inserted by the Act of 17 February 1997 and amended by the Act of 20 May 1997, the following amendments are made:
1° to § 1^erParagraphs 1^er and 3, the words "of the magistrate head of body" are replaced by the words ", as the case may be, of the head of body, of the judge in the oldest police court or of the justice of the peace,"
2° to § 3, paragraph 1^er, the words "According to the case, the head of the body, the judge in the oldest police court, the justice of the peace, the" are inserted before the word "general prosecutor".
Art. 8. Article 287ter, § 1^er, paragraph 2, 1 and 2, paragraphs 1^er and 2, of the same Code, inserted by the law of 17 February 1997 and replaced by the law of 20 May 1997, the words "the magistrate head of body" are replaced each time by the words "as the case is, the head of body, the judge in the oldest police court or the justice of the peace".
Art. 9. Section 323bis of the same Code, inserted by the Act of 22 December 1998, is replaced by the following provision:
"Art. 323bis. § 1^er. In the cases provided for by law, a magistrate of the seat may be responsible for a mission. To the extent that this is a full-time mission, it may be provided for the replacement of the judges of the courses by appointment, and if so, by appointment.
The magistrates in charge of a mission retain their place on the rank list and are expected to have exercised the function to which they were appointed. They maintain the treatment associated with this function, as well as the increases and benefits associated with it, provided that no treatment is attached to the mission.
The incumbents of a final designated deputy mandate for a mission retain their place on the roster and are expected to have exercised their mandate. They maintain the treatment or treatment supplement for the Assistant Mandate, as well as the increases and benefits associated with it, provided that no treatment is attached to the mission.
The term of office of the non-final appointee is suspended for the duration of the mission. They keep their place on the rank list and are supposed to have exercised the function to which they were appointed. They maintain the treatment or treatment supplement for the Assistant Mandate, as well as the increases and benefits associated with it, provided that no treatment is attached to the mission.
The heads of bodies responsible for a mission lose their mandate as head of body but keep their place on the rank list and are supposed to have exercised their mandate. They maintain their treatment as well as the increases and benefits associated with them, provided that no treatment is attached to the mission. At the end of the mission and to the maximum seven years after their designation as head of body, they fall under the application of Article 259quater, § 4.
§ 2. The provisions of paragraph 1 shall apply by analogy to officers of the Public Prosecutor's Office for a mission other than that provided for in sections 327 and 327 bis. »
Art. 10. Article 327 of the same Code, replaced by the law of 25 July 1974 and amended by the laws of 17 July 1978, 1^er December 1994 and 22 December 1998, paragraphs 5 to 7 are replaced by the following paragraph:
"The provisions of Article 323bis, § 1^er, paragraphs 2 to 5, are applicable to the preceding paragraphs. »
Art. 11. In section 327bis of the same Code, inserted by the Act of 6 August 1993 and amended by the Act of 22 December 1998, paragraphs 3 and 4 are replaced by the following paragraph:
"The provisions of Article 323bis, § 1^erare applicable to the preceding paragraphs. »
Art. 12. In article 358 of the same Code, as amended by the Act of 29 April 1999, the words ", as the first substitute of the King's attorney bearing the title of auditor, as a substitute for the King's procurator specializing in tax matters and as a section president in the Court of Cassation" are inserted between the words "jurisdiction of youth" and the words "is not affected".
Art. 13. In section 390 of the same Code, amended by the Act of 9 July 1997 and replaced by the Act of 22 December 1998, the first sentence is supplemented as follows:
"and alternate counsellors with the exception of retired judges because of their age who may sit until they reach the age of 70. »
CHAPTER III. - Amendments to 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 an evaluation system for magistrates
Art. 14. Section 105 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 the establishment of an evaluation system for magistrates are amended as follows:
1<4;1°6 relevant to paragraph 2 the words "more than six months" are deleted;
2° Paragraph 2 is supplemented as follows:
"The assessment of the holders of a specific mandate or mandate that expires within four months of the coming into force of section 259undecies of the same code shall take place immediately after the entry into force of that section. »
3° the article is completed by the following paragraph:
"The requirement under section 259decies, § 2, of the same code that the evaluator must have at least the "good" reference, does not apply to the first election of evaluators after the entry into force of the above-mentioned article. »
CHAPTER IV. - Amendments to the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 15. In Article 43, § 4, paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, as amended by the Act of 22 December 1998, the words "Article 100" are replaced by the words "Article 102".
Art. 16. In section 43bis, § 4, paragraph 4, of the Act, amended by the Act of 22 December 1998, the words "Article 100" are replaced by the words "Article 102".
Art. 17. In section 43ter, § 3, of the same law, as amended by the laws of 25 September 1985 and 22 December 1998, the following amendments are made:
1st paragraph 3 is supplemented by the following sentence: "The same applies to successive presidents of the Brussels Labour Court. »
2° Paragraph 4 is repealed.
CHAPTER V. - Final provision
Art. 18. This Act produces its effects on 1^er January 2000, with the exception of Articles 3, 4, 5, 6, 14, 15, 16 and 17, which come into force on the date fixed by the King and no later than 2 August 2000.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 July 2000.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Regular session 1999-2000
House of Representatives:
Parliamentary documents: 50-622
- No. 1: MM's Bill. Coveliers, Tavernier, Eerdekens, Bacquelaine, Erdman and Desmedt.
- N^bones 2 and 3: Amendments.
- Number four: Report.
- No. 5: Text adopted by the commission.
- No. 6: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Session of June 15, 2000.
Senate:
Parliamentary documents: 2-477
- No. 1: Project transmitted by the House of Representatives.
- No. 2: Amendments.
Report number three.
- No. 4: Text adopted by the commission.
- No. 5: Amendment.
- No. 6: Text adopted in plenary session.
Annales parliamentarians. - Discussion and adoption. Session of 6 July 2000.