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24 MARCH 1999. - Law on Prosecutors and Referendums and supplementing and amending certain provisions of the Judicial Code and the Act 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 judges (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In Part II, Book I, of the Judicial Code, a Title IIter is inserted, as follows:
« Title IIter. - Referendars and prosecutors close to the courts of appeal and near the courts of first instance.
Art. 156ter. Judges of the Courts of Appeal and Courts of First Instance are assisted by referendums. Prosecutors of the Public Prosecutor ' s Office are assisted by prosecutors.
Referendums and prosecutors prepare the work of magistrates from a legal point of view, under their authority and according to their guidance, excluding the tasks assigned to the clerks or secretaries under this code.
Their number is determined according to the needs of the service, which must emerge from a motivated report written by the head of body for the minister. The minister also takes, on the needs of the service, the motivated opinions of the first president and the Attorney General. However, their number per court may not exceed 25% of the total number of judges of the court of appeal, the seat of the courts of first instance and the prosecutor's offices of the King in each jurisdiction of the court of appeal, as determined by the law referred to in section 186, paragraph 4.
The King may, after an assessment, extend the scope of application to labour courts, labour courts, trade tribunals and police courts. In this case, the provisions contained in this Code relating to prosecutors and referees near the courts of appeal and near the courts of first instance are applicable by analogy. »
Art. 3. Article 191, § 2, paragraph 1^er, 2°, and 194, § 2, paragraph 1^er, 2°, of the same code, the words "or functions of a referee or a prosecutor's legal officer close to the courts of appeal and near the courts of first instance" are added after the words "or functions of referenda to the Court of Arbitration" and articles 188 and 192 of the same code, the same words are inserted between the words "or functions of referee to the Court of Arbitration" and the words "
Art. 4. In the second part, book I, title VI, of the same Code, it is inserted a chapter IIbis, as follows:
“Chapter IIbis. Referendums and prosecutors close to the courts of appeal and near the courts of first instance.
Art. 206 bis. In order to be appointed as a reporter or a prosecutor's lawyer near the courts of appeal and close to the courts of first instance, the candidate must be a doctor or a legal officer.
Candidates are classified for appointment in competitions organized by the Appointment and Designation Commission of the Supreme Council of Justice.
Section 285bis of this Code is applicable by analogy to the review referred to in the preceding paragraph.
Art. 206ter. Referendors and prosecutors are appointed by the King. They are appointed by court of appeal. They are appointed by the Minister of Justice to perform their duties according to the requirements of the service to the court of appeal, a court of first instance or a prosecutor's office located in that jurisdiction. A specific mission will be assigned to them, as the case may be, by the first president of the court of appeal or the president of the court, following the advice of the general assembly concerned, or by the Crown prosecutor.
The appointment is final only after the completion of a year of office, unless otherwise decided by the King, exclusively on the proposal, as the case may be, of the first president of the Court of Appeal or of the Attorney General near the Court of Appeal, and for prior notice of the head of the court or the prosecutor in which they are assigned.
Referendums or procurator jurists appointed provisionally shall be subject to the status fixed by the King.
Referendums and prosecutors are placed under the authority and supervision of the head of the court, court or prosecutor's office to which they were assigned.
The provisions of Articles 259nonies and 259decies of Chapter Vquinquies of Part II, Book I, Title VI, of this Code are applicable to referenda and prosecutors near the courts of appeal and near the courts of first instance. »
Art. 5. In section 259octies of the same Code, inserted by the Act of 22 December 1998, the following paragraph shall be inserted between paragraph 1^er and paragraph 2 of § 2:
"Procurement lawyers near the courts of first instance, with at least three years of seniority, are exempted from the first stage referred to in the above-mentioned paragraph. Referendums near the appeals courts and near the courts of first instance, which have at least three years of seniority, are exempted from the third stage referred to in the preceding paragraph. »
Art. 6. In section 259octies of the same Code, inserted by the Act of 22 December 1998, the following paragraph shall be inserted between paragraph 2 and paragraph 3 of § 3:
"Procurement lawyers near the courts of first instance, with at least three years of seniority, are exempted from the first stage referred to in the previous paragraph. »
Art. 7. In the second part, Book II, Title I, of the same Code, the title of Chapter 1^er, replaced by the Act of 6 May 1997, is replaced by the following title:
"Chapter I. - From the reception of magistrates, referees near the Court of Cassation, referees and prosecutors near the Courts of Appeal and the Courts of First Instance and the Clerks and their oath. »
Art. 8. In article 288, paragraph 4, of the same Code, as amended by the laws of 17 February 1997, 6 May 1997, 9 July 1997, 10 February 1998 and 22 December 1998, the words "referendars and prosecutors near the courts of appeal and near the courts of first instance" are inserted between the words "of their first substitutes and substitutes" and the words "in chief clerks".
Art. 9. In article 291 of the same Code, as amended by the laws of 6 May 1997 and 10 February 1998, the words "referendars and prosecutors near the courts of appeal and the courts of first instance" are inserted between the words "procurators of the King and their substitutes", and the words "workers and their substitutes".
Art. 10. In article 299bis of the same Code, inserted by the law of 6 May 1997, the words "as well as to referees and prosecutors near the courts of appeal and near the courts of first instance" are inserted after the words "to referees near the Court of Cassation".
Art. 11. In article 301, paragraph 3, of the same Code, as amended by the Acts of 17 February 1997, 6 May 1997, 9 July 1997 and 10 February 1998, the words "as well as for referenda and prosecutors near the courts of appeal and near the courts of first instance" are inserted after the words "for referenda near the Court of Cassation".
Art. 12. In article 311 of the same Code, as amended by the laws of 17 February 1997, 9 July 1997 and 22 December 1998, the words "Referendaires near the appeal courses in the order of their appointment" are inserted after the words "Social advisors to the labour court, in the order of their appointment; "
Art. 13. In article 312 of the same Code, as amended by the laws of 17 February 1997, 10 February 1998 and 22 December 1998, the words "The referees and prosecutors close to the courts of first instance in the order of their appointment" are inserted after the words "the consular judges, in the order of their appointment; "
Art. 14. Section 330 of the Code, replaced by the Act of 17 February 1997 and amended by the Act of 20 May 1997, is amended as follows:
1° to paragraph 1^er, the words "referendars" are inserted between the words "government offices" and the words "registrations";
2° in paragraph 3, the word "references" is inserted between the word "The" and the words "chief clerks".
Art. 15. In section 330bis of the same Code, inserted by the law of 17 February 1997 and amended by the law of 20 May 1997, the following amendments are made:
1° in paragraph 1, the words "parliamentary lawyers" are inserted between the words "government offices" and the words "principal secretaries";
2° in paragraph 2, the words "parliamentary lawyers" are inserted between the word "Les" and the words "principal secretaries".
Art. 16. In section 331 of the same Code, as amended by the laws of 17 February 1997, 6 May 1997 and 10 February 1998, the following amendments are made:
1° to paragraph 1, the words "no prosecutor's lawyer" are inserted between the words "no referendum" and the words "no member of the registry";
2° in paragraph 2, the words "references near the Court of Appeal" are inserted between the words "Presidents of the Commercial Courts" and the words "without authorization"; the words "referendars near the courts of first instance" are inserted between the words "consular judges" and the words "without authorization"; and the words "procurement lawyers near the courts of first instance" are inserted between the words "The substitutes of the King's Prosecutor" and the words "without authorization".
Art. 17. In the second part, Book II, Title II, of the same Code, the title of Chapter VIIbis is replaced by the following title:
“Chapter VIIbis. - Provisions relating to referenda to the Court of Cassation as well as to referenda and prosecutors near the Courts of Appeal and the Courts of First Instance. »
Art. 18. In article 353ter of the same Code, inserted by the law of 6 May 1997, the words "as well as referees and prosecutors near the courts of appeal and near the courts of first instance" are inserted between the words "close to the Court of Cassation" and the words "It may determine".
Art. 19. In the second part, book II, title III, of the same Code, it is inserted a chapter Iter, written as follows:
“Chapter Ierter. - Treatments of referendums and prosecutors near the courts of appeal and near the courts of first instance.
Art. 365ter. § 1^er. The function of a referendum and a prosecutor's lawyer close to the courts of appeal and close to the courts of first instance is paid according to the following scale of treatment:
- minimum salary: 826,981 francs;
- maximum salary: 1,284,690 francs;
- intermediate increases: three annual increases of 24,933 francs, followed by ten biennial increases of 38,291 francs.
§ 2. After four years of seniority, the referee and the prosecutor's lawyer near the appeals courts and close to the courts of first instance obtain, as long as they have obtained the "good" statement in the evaluation referred to in section 259novies, the following scale of treatment:
- minimum treatment: 898 575 francs;
- maximum salary: 1 394 575 francs;
- intermediate increases: three annual increases of 24,933 francs, followed by eleven biennial increases of 38,291 francs.
§ 3. After twelve years of seniority, the referee and the prosecutor's lawyer near the courts of appeal and close to the courts of first instance obtain, as long as they have obtained the reference "very good" in the evaluation referred to in section 259novies, of the following scale of treatment:
- minimum salary: 1,018,768 francs;
- maximum salary: 1 514 768 francs;
- intermediate increases: three annual increases of 24,933 francs, followed by eleven biennial increases of 38,291 francs.
§ 4. The referee and the prosecutor's lawyer close to the appeals courts and close to the courts of first instance with at least eighteen years of grade seniority, may obtain, within the limits of vacant jobs and provided that they have obtained the "very good" reference in the assessment referred to in section 259novies, the following salary scale:
- minimum salary: 1 115,290 francs;
- maximum salary: 1 703 009 francs;
- intermediate increases: eleven biennial increases of 53,429 francs.
The number of jobs that can be paid in accordance with the preceding paragraph is set at one tenth of the total number of referees and prosecutors close to appeals courts and close to trial courts.
§ 5. Articles 362, 363, 365, § 1^er, 367, paragraphs 2 to 5, and 377 are applicable by analogy to referees and prosecutors near the courts of appeal and the courts of first instance. »
Art. 20. In the second part, Book II, Title III, of the same Code, the title of Chapter III is replaced by the following title:
“Chapter III. - Provisions common to chapters I, Ierbis, Ierter and II. »
Art. 21. In the second part, Book II, Title IV, of the same Code, the title of Chapter IIbis is replaced by the following title:
“Chapter IIbis. - The retirement and pension of the referees near the Court of Cassation as well as of the referees and prosecutors near the Courts of Appeal and the Courts of First Instance. »
Art. 22. In section 397bis of the same Code, inserted by the Act of 6 May 1997, the following amendments are made:
1° to paragraph 1, the words "close to the Court of Cassation as well as the referees and prosecutors close to the Courts of Appeal and the Courts of First Iristance" are inserted between the words "Referendaires" and the words "stop performing their duties";
2° in paragraph 2, the words "and prosecutors" are inserted between the word "references" and the words "retired".
Art. 23. In article 407 of the same Code, as amended by the law of 6 May 1997, the words "and referees and prosecutors close to the appeals courts and close to the courts of first instance" are inserted between the words "Court of cassation" and the words "that are absent without authorization".
Art. 24. In section 414bis of the same Code, inserted by the Act of 6 May 1997, the following amendments are made:
1° §§ 2 and 3 are interverted;
2° In § 3, the words "no measure" are inserted between the words "No sanction" and the words "is not inflicted. »
Art. 25. In the second part, Book II, Title V, Chapter III, of the same Code, inserts a section IIter, as follows:
Section IIter. - Provisions concerning referees and prosecutors close to the courts of appeal and close to the courts of first instance.
Art. 414ter. § 1^er. Referendums and prosecutors may be suspended or revoked for disciplinary reasons by the Court of Appeal, either on its own motion or on the requisition of the Attorney General near the Court of Appeal.
The first president and the Attorney General near the Court of Appeal can, each with respect to him, apply the penalties of warning, simple censorship and reprimand censorship.
§ 2. When prosecuted for a crime or offence or in the case of a disciplinary action, the referees and prosecutors may, where the interest of the service so requires, be suspended from their office by order by the Court of Appeal, composed in accordance with Article 348 of this Code, for the duration of the proceedings and until the final decision.
The suspension by order is pronounced for one month and may be extended from month to month until the final decision. The Court of Appeal may decide that this measure will include, for all or part of its duration, provisional, total or partial retention of the treatment.
§ 3. No penalty or measure is imposed without the person concerned being heard or duly called. »
Art. 26. Article 102, § 1^er, paragraph 2, 1°, of the Act of 22 December 1998 amending certain provisions of the second part of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of magistrates and establishing an evaluation system for magistrates, the words "according to the publication referred to in paragraph 1" are deleted.
Art. 27. "The following amendments are made to section 109 of the Act:
1° to paragraph 1^erthe number "13" is replaced by the number "9", the number "48" is replaced by the number "49" and the number "67" is replaced by the number "65";
2° the article is supplemented by a new paragraph as follows:
"The provisions of article 259bis of the Judicial Code, inserted by the law of 18 July 1991, and amended by the laws of 6 August 1993, 1^er December 1994 and 9 July 1997, article 259ter of the same Code, inserted by the Act of 18 July 1991 and amended by the Act of 10 February 1998, and article 259quater of the same Code, inserted by the Act of 18 July 1991 and amended by the Acts of 6 August 1993, 11 July 1994, 1^er December 1994 and 19 July 1996, remain applicable under the same numbering until the entry into force of articles 259bis-9, 259bis-10 and 259bis-15 of the Judicial Code, as set out in section 45. »
Art. 28. Article 27 produces its effects on the first day of the month following the month in which the law of 22 December 1998 amending certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the designation, appointment and promotion of magistrates and establishing an evaluation system for magistrates has been published in 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 24 March 1999.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1998-1999.
Senate.
Parliamentary documents. - Bill submitted by Mr. Desmedt et al., No. 1235/1. - Amendments, No. 1235/2. - Report, no. 1235/3. - Text adopted by the commission, No. 1235/4.
Annales parliamentarians. - Discussion and adoption. Session of 4 March 1999.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, No. 2037/1. - Report, no. 2037/2. - Text adopted in plenary and subject to Royal Assent, No. 2037/3.
Annales parliamentarians. - Discussion and adoption. Meetings of 17 and 18 March 1999.