22 DECEMBER 1998. - An Act to amend certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of judges and to establish 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:
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 the second part, Book I, of the Judicial Code, is inserted an article 58bis written as follows:
"Art. 58bis. In this code:
1st appointments: the appointment of justice of the peace, judge of the police court, justice of the peace of supplement, judge of the police court, deputy judge of a justice of the peace or a police court, judge and judge of supplement to the court of first instance, the court of work and the court of commerce, deputy judge, deputy of the prosecutor of the King, deputy of the procurator of the King specialized in tax matters^er, deputy of the Attorney General to the Court of Appeal, deputy general to the Labour Court, deputy of the Auditor General to the Military Court, counsel to the Court of Cassation and general counsel to the Court of Cassation;
2° Head of Body: the holder of the terms of office of President of the Court of First Instance, the Labour Court and the Commercial Court, Crown Prosecutor, Labour Auditor, Military Auditor, First President of the Court of Appeal and the Labour Court and President of the Military Court, Attorney General at the Court of Appeal and the Labour Court, Auditor General at the Military Court, Federal Attorney General, First President of the Court of Cassation and Attorney General
3rd Deputy Mandate: the terms of office of Vice-President of the Court of First Instance, the Labour Court and the Commercial Court, First Deputy of the King's Prosecutor, First Deputy of the Labour Auditor, First Deputy of the Military Auditor, Court of Appeal and Court of Labour, First General Counsel and General Counsel of the Court of Appeal and the Labour Court, First General Counsel and General Counsel of the Military Court
4th specific mandate: the warrants of investigating judge, judge of the youth court, judge of the seizures, judge of appeal of the youth, magistrate of assistance and federal magistrate. »
Art. 3. Section 79 of the Judicial Code, as amended by the laws of 18 July 1991, 21 January 1997 and 10 March 1997, paragraphs 2, 3 and 4 are repealed.
Art. 4. Section 80 of the Code, as amended by the Acts of 18 July 1991 and 10 March 1997, is replaced by the following provision:
"Art. 80. In the event of an injunction of an examining magistrate, a judge of seizures or a judge in the youth court, the president of the court shall appoint an effective judge to replace him.
In addition, if warranted by the necessity of the service, the chair of the court may, on an exceptional basis, and after receiving the advice of the Crown Prosecutor, appoint an effective judge to perform the above-mentioned functions for a term of not more than one year, renewable twice. In order to be appointed as an examining magistrate, the effective judge must have followed the training provided for in article 259sexies, § 1^er, 1°, paragraph 3.
The mission ends when it has no reason to be; concerning cases for which the proceedings are under way or which are being deliberated with the judge of the youth court or the judge of the seizures, the mission nevertheless continues until the final judgment. »
Art. 5. In section 90 of the same Code, the following paragraph is inserted before the single paragraph:
"The president is responsible for the organization of activities and the division of cases in accordance with the rules of the court. He may designate one or more vice-presidents to assist him. »
Art. 6. In section 100 of the same Code, as amended by the Act of 15 July 1970, the following amendments are made:
1st paragraph 1^er is replaced by the following provision: "The judges in the courts of first instance and the substitutes near these courts may, as the case may be, be appointed simultaneously in or near different courts of first instance within the jurisdiction of the Court of Appeal. »;
2° paragraph 2 is replaced by the following provision: "Paragraph 1^er is also applied in the labour courts, judges and substitutes of the labour auditor, as well as in the commercial courts, to the judges. »
Art. 7. In section 101 of the same Code, paragraphs 3, 4 and 5, inserted by the Act of 9 July 1997, are repealed.
Art. 8. Article 106 of the same Code, amended by the laws of 19 July 1985 and 1^er December 1994, paragraph 4 is replaced by the following provision:
"The rules of the court of appeal and the court of work established in Liège determine the chambers that are familiar with business in German and their composition. »
Art. 9. Article 106bis, § 1^erParagraph 1^er, of the same Code, inserted by the law of 9 July 1997, the last sentence is replaced by the following:
"After deliberation of the Legislative Chambers on the reports of the first president referred to in Article 112, paragraph 1^er, the duration may be extended by the King, if this extension is indispensable. »
Art. 10. Article 109, paragraph 1^erthe same Code, as amended by the Act of 9 July 1997, is replaced by the following provision:
"The first president is responsible for the organization of activities and the division of affairs in accordance with the rules of the court. He may designate one or more room chairs to assist him. »
Art. 11. Section 112 of the same Code is replaced by the following provision:
"Art. 112. The first president is responsible for publishing an activity report. This activity report must include an analysis of the effect of the measures taken to resolve the backlog. This report is communicated to the Minister of Justice, who forwards it to the Legislative Chambers.
Unless otherwise provided, the first president shall preside over the chambers and solemn hearings. According to the needs of the service, he sits in the ordinary rooms that he chairs in this case. »
Art. 12. Paragraph 1^er Article 121 of the same Code, the words "the former Vice-Presidents and Judges" are replaced by the words "the former Vice-Presidents and Judges in the ranks".
Art. 13. Section 129, paragraph 2, of the same Code, inserted by the Act of 3 January 1980, is replaced by the following provision:
"Four section chairs are appointed among advisers. »
Art. 14. Sections 136bis and 136ter of the same Code, inserted by the Act of 6 May 1997, are repealed.
Art. 15. In section 142 of the same Code, paragraphs 2 and 3 are replaced by the following provision:
"The Attorney General is assisted by a First Attorney General and General Lawyers who perform their duties under his supervision and management. "
Art. 16. Section 144 of the same Code is replaced by the following provision:
“Art. 144. The Attorney General near the Court of Appeal is assisted by a First Attorney General, General Counsel and Deputy Attorney General who perform their duties under his supervision and direction. »
Art. 17. In section 144bis of the same Code, inserted by the Act of 4 March 1997, the following amendments are made:
§ 2 is repealed;
2° § 3 becomes § 2.
Art. 18. Section 145 of the same Code, as amended by the Act of 7 July 1975, is replaced by the following provision:
"Art. 145. There is a General Labour Auditor at the headquarters of each labour court. It is composed of a first general lawyer, one or more general lawyers and one or more general substitutes who exercise the functions of the Public Prosecutor under the supervision and direction of the Attorney General. »
Art. 19. Section 151 of the Code, as amended by the Acts of 4 August 1986, 28 December 1990 and 17 July 1997, are amended as follows:
1st paragraph 1^er is replaced by the following provision:
"The King's Attorney is assisted by one or more substitutes, one or more of which are specialized in commercial matters. It may be assisted by one or more specialized tax substitutes and by one or more delegated supplement substitutes in accordance with section 326, paragraph 1^er. They're under his supervision and direction. »;
2° Paragraph 3 is repealed;
3° the last paragraph is repealed.
Art. 20. In section 153 of the same Code, as amended by the Act of 28 December 1990, the last paragraph is repealed.
Art. 21. Paragraph 1^er of Article 156bis of the same Code, inserted by the law of 17 July 1984 and amended by the law of 10 February 1998, the words "in accordance with Article 383, § 1^er are inserted after the words "because of their age".
Art. 22. In the second part, Book I, Title VI, of the same Code, an article 186bis is inserted under Chapter 1, which reads as follows:
"Art. 186bis. For the purposes of this title:
- the president of the court of first instance acts as the head of the corps of justices of the peace and judges in the police court of his judicial district;
- for the calculation of time limits, the provisions of articles 50, paragraph 1^er, 52, paragraph 1^er, 53 and 54 are applied. »
Art. 23. In section 187 of the Code, as amended by the Acts of 18 July 1991 and 6 May 1997, the following amendments are made:
1° to § 1^er, the words "Article 259bis" are replaced by the words "Article 259bis-9, § 1^er and the words "Article 259quater" are replaced by the words "Article 259octies";
2° to § 2, paragraph 1^er, the 1° is completed as follows:
"or having exercised legal functions for twelve years, of which at least three years in a judicial office. »;
3° to § 2, paragraph 1^erthe third is repealed;
4° in § 2, paragraph 3, the words "targeted in 1°, 2° and 3° of this paragraph" are replaced by the words "targeted in 1° and 2° of this paragraph".
Art. 24. Section 189 of the Code, as amended by the Acts of 18 July 1991 and 6 May 1997, is replaced by the following provision:
"Art. 189. § 1^er. In order to be designated as president of the Court of First Instance, the Labour Court or the Commercial Court, the candidate must:
1° or, for at least fifteen years, have been exercising legal functions, including the last five as a judge of the office or the public prosecutor;
2° either, having completed the judicial training provided for in Article 259octies and has for at least seven years been serving as a magistrate of the seat or the public prosecutor.
§ 2. In order to be appointed as Vice-President of the Court of First Instance, the Labour Court or the Commercial Court, the candidate has been required to serve as a judge in the same jurisdiction for at least three years. »
Art. 25. Section 190 of the same Code, as amended by the Act of 18 July 1991, is repealed.
Art. 26. Article 191 of the same Code, amended by the laws of 18 July 1991, 1^er December 1994, 6 May 1997 and 10 February 1998, which becomes section 190, are amended as follows:
1° to § 1^er, the words "Article 259bis" are replaced by the words "Article 259bis-9, § 1^er and the words "Article 259quater, § 2" are replaced by the words "Article 259octies, § 2";
2° to § 2, 3°, of the Dutch text, the words "een juridisch ambt hebben vervuld in een openbare of private dienst" are replaced by the words "juridische functies hebben uitgeoefend in een openbare of private dienst".
Art. 27. In article 191bis of the same Code, inserted by the laws of the 1^er December 1994 and 10 February 1998, which becomes Article 191, the words "Article 259quater, § 3" are replaced by the words "Article 259octies, § 3".
Art. 28. Section 193 of the same Code, as amended by the Act of 18 July 1991, is replaced by the following provision:
"Art 193. § 1^er. In order to be designated a Crown Attorney or a Labour Auditor, the candidate must:
1° has been exercising legal functions for at least fifteen years, including the last five as a judge of the seat or the public prosecutor;
2° having completed the judicial training provided for in Article 259octies and has been serving as a magistrate of the seat or the public prosecutor for at least seven years.
§ 2. In order to be appointed first deputy of the King's Attorney or first substitute of the Labour Auditor, the candidate must, for at least three years, perform the functions of deputy of the King's Attorney or substitute for the Labour Auditor in the same jurisdiction. »
Art. 29. Article 194 of the same Code, amended by the laws of 18 July 1991, 1^er December 1994 and 6 May 1997 are amended as follows:
1° § 1^er is replaced by the following provision:
« § 1^er. In order to be appointed a substitute for the King's Prosecutor, a substitute for the King's Prosecutor of Supplement, a substitute for the Labour Auditor or a substitute for the supplementary work, the candidate must be a doctor or a graduate in law and have passed the examination of professional fitness under section 259bis-9, § 1^er, or having completed the judicial internship provided for in section 259octies. »;
2° to § 2, 1°, of the Dutch text, the words "een juridisch ambt hebben vervuld in een openbare of private dienst" are replaced by the words "juridische functies hebben uitgeoefend in een openbare of private dienst";
3° to § 4, paragraph 1^er, the words "or having exercised in the tax field the legal functions referred to in § 2, 1°" are replaced by the words "or having exercised the legal functions referred to in § 2, 1°, provided that they are useful duties in tax matters".
Art. 30. Section 196 of the Code, as amended by the Acts of 16 July 1993 and 17 January 1995, is replaced by the following provision:
"Art. 196. At the Brussels Court of First Instance, eleven Vice-Presidents are appointed by the French Language Group of the General Assembly and nine incumbents by the Dutch Language Group of the General Assembly when the President is Francophone.
At the Brussels Court of First Instance, twelve Vice-Presidents are appointed by the French Language Group of the General Assembly and eight incumbents by the Dutch Language Group of the General Assembly when the President is Dutch-speaking.
When the appointment of a president to the Brussels Court of First Instance results in a change in the distribution of the number of assistant warrants by language role, an assistant term holder remains overcrowded until the first useful vacancy. "
Art. 31. In section 197 of the same Code, the words "are appointed by the King" are replaced by the words "are, as the case may be, appointed or designated by the King".
Art. 32. In section 203 of the same Code, paragraph 2 is supplemented by the words ", in accordance with section 287, paragraph 1^er "
Art. 33. Section 207 of the same Code, as amended by the Act of 18 July 1991, is replaced by the following provision:
"Art. 207. § 1^er. In order to be designated as the first president of the Court of Appeal or the Labour Court, the candidate has been required to perform legal functions for at least fifteen years, including the last seven as a judge of the seat or the Public Prosecutor's Office.
§ 2 In order to be designated as chamber chair at the court of appeal or at the court of work, the candidate must, for at least three years, exercise the functions of counsel at the same court.
§ 3. In order to be appointed counsel to the court of appeal or to the court of work, the candidate must be a doctor or a graduate in law and:
1° or, for at least fifteen years, have been exercising legal functions, including the last five as a judge of the office or the public prosecutor;
2°, having passed the examination of professional fitness provided for in Article 259bis-9, § 1^er, and have been practising a lawyer for at least fifteen years without interruption;
3° or, having completed the judicial training provided for in Article 259octies and for at least seven years has served as a magistrate of the seat or the public prosecutor. »
Art. 34. In Article 207bis of the same Code, inserted by the law of 9 July 1997, § 3 is repealed.
Art. 35. Section 208 of the same Code, as amended by the Act of 18 July 1991, is replaced by the following provision:
"Art. 208. In order to be designated Attorney General near the Federal Court of Appeal or Attorney General near the Federal Public Prosecutor's Office, the candidate has been required to perform legal functions for at least fifteen years, including the last seven as a Judge of the Office or the Public Prosecutor's Office. »
Art. 36. Section 209 of the same Code, as amended by the Act of 18 July 1991, is replaced by the following provision:
"Art. 209. § 1^er. In order to be designated as the first general lawyer near the court of appeal or near the court of work, the candidate must have exercised, for at least three years, the duties of attorney general at the same court of appeal or at the same court of work.
In order to be designated a general lawyer near the court of appeal or near the court of work, the candidate must have exercised. for at least three years, respectively, the functions of deputy of the Attorney General near the same Court of Appeal or general substitute near the same Court of Work.
§ 2. In order to be appointed as the deputy of the Attorney General near the Court of Appeal or general substitute near the Court of Work, the candidate must meet the conditions referred to in Article 207, § 3. »
Art. 37. Section 210 of the same Code is replaced by the following provision:
"Art. 210. The president and councillors sitting alone in the cases referred to in Article 109bis, § 1^er, 2° and 3°, and § 2, are chosen by the first president of the Court of Appeal, on the written and motivated advice of the Attorney General, among the advisers who have been appointed for at least three years and, if not, among the advisers who have been appointed for at least one year.
Judges referred to in the previous paragraph and the youth appeal judge may also sit in the other chambers of the court. "
Art. 38. The Code repeals:
1st section 210bis, inserted by the law of 19 July 1985 and amended by the law of 18 July 1991;
2° Article 210ter, inserted by the law of 9 July 1997.
Art. 39. Section 211 of the same Code, as amended by the laws of 17 January 1995 and 9 July 1997, is replaced by the following provision:
"Art. 211. For the Brussels Court of Appeal, an equal number of chamber chairs is designated by each linguistic group of the General Assembly.
For the Brussels Court of Appeal, twenty-nine councillors and twenty-one alternate councillors are presented by the French-speaking appointing board and twenty-seven councillors and twenty-seven alternate advisers are presented by the Dutch-speaking appointing board.
The vacancy of an adviser or alternate adviser is made by the appointing committee which introduced the magistrate whose departure resulted in the vacancy. »
Art. 40. The Code repeals:
Article 212, amended by the law of 17 January 1995;
2° Article 213, amended by the laws of 28 December 1990, 16 July 1993, 9 July 1997 and 20 July 1998;
3° Article 213bis, inserted by the law of 9 July 1997;
4° Article 214, amended by the law of 17 January 1995.
Art. 41. Section 215 of the same Code is replaced by the following provision:
"Art. 215. Without prejudice to the provisions concerning the appointment of effective and alternate social advisers, the first president, chamber chairs, advisers to the Labour Court and the first general lawyer, general lawyers, and deputy heads to the Court are, as the case may be, appointed or appointed by the King on a joint proposal by ministers with the Labour and Justice in their responsibilities. »
Art. 42. Section 254 of the same Code, replaced by the Act of 18 July 1991, is replaced by the following provision:
"Art. 254. § 1^er. In order to be designated as the first president of the Court of Cassation, the candidate has been required to perform legal functions for at least fifteen years, including the last five as an adviser to the Court of Cassation.
§ 2. In order to be designated as President of the Court of Cassation, the candidate has been required to perform legal functions for at least fifteen years, including the last five as counsel to the Court of Cassation.
In order to be designated as the Section Chair of the Court of Cassation, the candidate must have served as counsel for the Court of Cassation for at least three years.
§ 3. In order to be appointed as an adviser to the Court of Cassation, the candidate has been required to perform legal functions for at least fifteen years, including the last ten as a magistrate of the seat or the Public Prosecutor ' s Office. »
Art. 43. Sections 255 to 257 of the Code, as amended by the Act of 17 January 1995, are repealed.
Art. 44. Section 258 of the same Code, as amended by the Act of 18 July 1991, is replaced by the following provision:
"Art. 258. § 1^er. In order to be appointed Attorney General to the Court of Cassation, the candidate has been required to perform legal functions for at least fifteen years, including the last five years as a general lawyer near the Court of Cassation.
§ 2. In order to be appointed first general lawyer to the Court of Cassation, the candidate must serve as a general lawyer near the Court of Cassation for at least three years.
§ 3. In order to be appointed General Counsel to the Court of Cassation, the candidate must meet the requirements of Article 254, § 3. »
Art. 45. In the second part, Book I, Title VI, of the same Code, Chapter Vbis, inserted by the law of 18 July 1991 and amended by the laws of 6 August 1993, 11 July 1994, 1^er December 1994, 19 July 1996 and 10 February 1998, which contains articles 259bis, 259ter and 259quater, is replaced by the following provisions:
« CHAPTER Vbis. - Supreme Council of Justice
Section I. - Of the composition
Art. 259bis-1. § 1^er. The Supreme Council of Justice established by Article 151 of the Constitution, referred to as the "Superior Council", is composed of forty-four members of Belgian nationality.
The Conseil Supérieur consists of a Dutch-speaking college and a French-speaking college, each composed of twenty-two members. Each college has eleven judges and eleven non-magistrates.
All members must enjoy civil and political rights and produce a certificate of good life and morality.
§ 2. The magistrates ' group is at least composed of:
1° a member of a court or public ministry near a court;
2° a member of the seat;
3° a member of the public ministry;
4° a member per court of appeal.
Judges of the Court of Cassation, military courts, magistrates of assistance and federal judges are deemed to be part of the Brussels Court of Appeal.
§ 3. The group of non-magistrates counts, by college at least four members of each sex and is composed of at least:
1° four lawyers with a professional experience of at least ten years at the bar;
2° three professors from a university or higher school in the Flemish or French Community with a useful professional experience for the mission of the High Council of at least ten years;
3° four members, with at least one degree from a higher school in the Flemish or French Community and having a useful professional experience for the High Council's mission of at least ten years in the legal, economic, administrative, social or scientific field.
At least one member of the Francophone college must justify the knowledge of German.
Section II. - The designation of members
Art. 259bis-2. § 1^er. Magistrates are elected, by direct and secret ballot, among the professional judges in service activity, by a Dutch-speaking electoral college and a French-speaking electoral college composed of judges of the linguistic role corresponding to that of appointment.
The vote is obligatory and secret.
Under penalty of invalidity of the ballot, each elector shall issue three votes, of which at least one for a candidate of the seat, one for a candidate of the public ministry and one for a candidate of each sex.
The candidates are classified by electoral college according to the number of votes obtained.
Judges who meet the criteria set out in Article 259bis-1, § 2, in the order determined therein, shall be elected first according to the number of votes obtained.
As soon as the criteria set out in Article 259bis-1, § 2, the judges shall be elected according to the number of votes obtained.
The election procedure is regulated by a royal decree deliberated in the Council of Ministers.
§ 2. Non-magistrates are appointed by the Senate by a two-thirds majority of votes cast.
Without prejudice to the right to submit individual applications, candidates may be nominated by each of the lawyers' orders and by each of the universities and higher schools of the French Community and the Flemish Community. For each college, at least five members are appointed among the candidates nominated.
§ 3. The age of 63 at the time of application cannot be reached.
§ 4. A list of successor members of the High Council is prepared for the term of office.
The list of judges ' successors is made up of unelected magistrates classified according to the number of votes obtained.
The list of non-magistrate substitutes is prepared by the Senate; it consists of candidates who are not appointed.
§ 5. No later than six months before the expiry of the term of office of the members of the Conseil supérieur, a call to candidates is issued to the Belgian Monitor.
Nominations of magistrates must be sent to the High Council by registered letter to the post in the month following the appeal to candidates.
For non-magistrates, the nominations and lists of candidates referred to in paragraph 2, paragraph 2, shall be sent to the President of the Senate by registered letter to the position within three months of the appeal to the candidates.
Within five months of the appeal to candidates, the Minister of Justice publishes the list of members of the Superior Council and their successors to the Belgian Monitor. This publication is set up.
Extiring members continue to serve until the expiry of their term and, in all cases, until the list referred to in the preceding paragraph is published.
Section III. - The duration of the mandate and incompatibility
Art. 259bis-3. § 1^er. Members shall serve on the Superior Council for a period of four years renewable once.
§ 2. For the duration of the term, membership in the Superior Council is incompatible with the exercise:
1° of an alternate judge;
2° of a public election mandate;
3° of a political public office;
4th of a body chief.
§ 3. The mandate of the High Council shall be terminated in full right:
1° at the request of the member himself;
2° upon the appearance of an incompatibility referred to in § 2;
3° in case of loss of quality required to be able to serve on the Superior Council;
4° where a member is a candidate to be appointed a magistrate or to be designated a head of corps, an auxiliary magistrate or a federal magistrate;
5° when a member reaches the age of the retirement admission referred to in section 383, § 1^erfor members of courts other than the Court of Cassation.
§ 4. When serious reasons justify it, the term of office of a member may be terminated by the Superior Council, which shall decide by a two-thirds majority of the votes cast in each college. Decisions are not subject to appeal.
The term can only be terminated after hearing the member on the grounds invoked. Prior to this hearing, the Superior Council is a file that contains all the documents related to the reasons invoked.
The interested person shall be summoned at least five days before the hearing by a registered letter to the post indicating at least:
1° the serious grounds invoked;
2° the consideration of ending the mandate;
3rd place, day and time of hearing;
4° the right, for the person concerned, to be assisted by a person of his choice;
5° the place where the file is afraid to be consulted and the period granted to that effect;
6° the right to call witnesses.
The interested person and the person who is the perpetrator may consult the file from the date of the summons to and including the day before the hearing.
He's made minutes of the hearing.
Section IV. - Operation
Art. 259bis-4. § 1^er. The High Council shall, by a two-thirds majority of its members, constitute an office composed of two judges and two non-magistrates. For this purpose, each college presents a magistrate and a non-magistrate. On the proposal of each college, the High Council shall also designate, according to the same majority, the commissions of which the members of the Bureau shall serve as Chair.
On the proposal of the Superior Council, the King may increase the number of members of the office by a deliberate order in the Council of Ministers according to the needs of the service and in accordance with the distribution referred to in paragraph 1.
The members of the office shall serve on a full-time basis and may not perform any other professional activity during the term of office. The High Council may grant exemptions to this prohibition provided that they do not prevent the person concerned from performing his or her mission properly.
§ 2. The Presidency of the High Council is assured, following the order indicated by two thirds of its members, for a period of one year, and this alternately by 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 High Council.
§ 3. The chair of each of the colleges is provided alternately for a period of two years by the chair of the appointing committee and the chair of the advisory and inquiry board, beginning with the oldest.
§ 4. Each member of the High Council sits in one of the college committees.
Each College shall designate the members of its committees by a two-thirds majority of its members.
§ 5. The Dutch-speaking College and its commissions carry out their activities in Dutch. The French-speaking college and its commissions carry out their activities in French.
The General Assembly and the committees met carry out their activities in Dutch and French. In this context, members use the language of the college to which they belong.
The High Council shall take the necessary measures for translation.
Art. 259bis-5. § 1^er. Without prejudice to the contrary, the decisions of the Superior Council, the colleges, the commissions and the office shall be taken by an absolute majority of the votes, provided that at least half of the members are present. In the event of parity of the vote, the President's voice is preponderant.
§ 2. A member whose term becomes prematurely vacant shall be replaced by an alternate for the remainder of his or her term. If it is a magistrate, it is replaced by the first candidate listed in section 259bis-2, § 4, paragraph 2. If it is a non-magistrate, the Senate shall designate the alternate among the candidates listed in section 259bis-2, § 4, paragraph 3.
In the latter case, the successor falls under the application of Article 259bis-3, § 1^er.
Art. 259bis-6. § 1^er. As part of their activities, the High Council, colleges and commissions may consult with experts.
§ 2. The High Council has a dedicated staff in charge of supporting its activities and organizing the elections referred to in Article 259bis-2, § 1^er. The Higher Council sets the organizational framework and language framework for staff, in accordance with linguistic parity by level. The High Council appoints and revokes its staff.
The King approves the frameworks referred to in paragraph 1.
Unless otherwise decided by the Superior Council, necessary by the proper functioning of its services and established in a regulation approved by Royal Decree, the staff shall be subject to the legal and statutory rules applicable to the final agents of the State.
The Royal Decrees referred to in paragraphs 2 and 3 are deliberated in the Council of Ministers.
The High Council decides on delegations, impediments and replacements, absences, leave and holidays of administrative staff.
§ 3. The Superior Council shall establish rules of procedure setting out the operating procedures of the Superior Council and the Bureau.
§ 4. The office coordinates the activities of the High Council, colleges and staff.
Section V. - From the General Assembly of the Superior Council
Art. 259bis-7. § 1^er. The Higher Council directly receives reports prescribed by legal or regulatory provisions concerning the general functioning of the judicial order from the competent authorities.
§ 2. The General Assembly is competent to:
1° approval of notices, proposals, reports, directives, programmes and other acts of the colleges and commissions on the terms and in the cases provided for in sections VI and VII;
2° the conclusion of the term of office of a member of the Superior Council in the cases provided for in Article 259bis-3, § 3.
§ 3. The General Assembly prepares an annual report based on an analysis and assessment of available information on the general functioning of the judiciary. This report is forwarded to the Minister of Justice, the House of Representatives, the Senate and the heads of courts and the Public Prosecutor's Office near these courses. These reports cannot include any indication of the identity of persons.
§ 4. The Minister of Justice or his representative may be heard at the invitation of the Superior Council or at his or her own request.
Section VI. - Appointment and designation commissions
Art. 259bis-8. § 1^er. Each college shall establish a commission of appointment and designation, as referred to as the "appointment committee", composed of fourteen members, half of whom are judges and half non-magistrates. At least one member of the French-speaking Appointment Commission must justify the knowledge of German.
The chair of each of the appointment commissions shall be exercised by the member of the designated office for that purpose. In his absence, the presidency is ensured by the oldest of the members present.
Each appointing board may only deliberately when at least ten members are present.
§ 2. The appointing boards together form the appointment committee.
The chair of the reunited appointing committee is exercised alternately for a period of two years by the chairs of the appointment commissions, beginning with the oldest. In the event of the absence of the President, the Chair shall be held by the oldest of the members present in the same Committee as the Chairman in office.
The reunited appointing committee may only deliberate validly when at least 10 members of each appointing committee are present.
Art. 259bis-9. § 1^er. The reunited appointing committee prepares the programs of the professional fitness examination and the admission examination examination for the judicial internship.
The examination of professional fitness and the examination of admission to the judicial internship aims to assess the maturity and capacity required for the exercise of the office of magistrate and are performed in the language of the doctor's degree or the Licensee in law of the candidate.
Winners of the Fitness to Practise exam retain the benefit of their success for seven years from the date of the exam report.
§ 2. The appointed commission prepares the guidelines and programmes for the continuing training of judges and the judicial training.
The competent department of the Department of Justice, in collaboration with the appointed commission, ensures the execution of the programs and logistical support, as determined by the King. To this end, the King may designate magistrates from the seat or public ministry.
§ 3. After approval by the General Assembly, the examination programmes referred to in § 1^er and the directives and programmes referred to in § 2 are ratified by the Minister of Justice and published in the Belgian Monitor.
Art. 259bis-10. § 1^er. Appointment commissions shall be competent to:
1° the presentation of candidates for appointment as a magistrate and a designation to the office of head of corps, auxiliary magistrate or federal magistrate, referred to in Article 186bis, § 1^er, 1°, 2° and 4°;
2° the organization of the examination of professional fitness and the examination of admission to the judicial internship according to the terms and conditions determined by royal decree.
§ 2. Each appointing board may, for the exercise of the powers referred to in § 1^er, 2°, and article 259bis-9 decide by a two-thirds majority of its members, to establish a subcommission within it, composed of an equal number of magistrates and non-magistrates.
In the cases provided for in article 259bis-9, none of the two commissions or subcommissions of appointment may issue more votes than the other.
§ 3. Each appointing committee shall prepare an annual report of its activities to the General Assembly.
Section VII. - Commissions of opinion and investigation
Art. 259bis-11. § 1^er. Each college institutes a committee of opinion and investigation, composed of eight members, half of whom are magistrates and half non-magistrates.
The chair of each of the advisory and investigation commissions shall be exercised by the member of the designated office for that purpose. In its absence, the presidency is ensured by the oldest of the members present.
The notice and investigation board may only deliberate validly when at least six members are present.
§ 2. The advisory and investigation boards together form the advisory and inquiry board.
The chair of the committee of opinion and inquiry together is exercised alternately for a period of two years by the chairs of the boards of opinion and inquiry, beginning with the oldest. In the event of the absence of the President, the Chair shall be held by the oldest of the members present in the same Committee as the Chairman in office.
The adjudication and investigation board may only validly deliberate when at least six members of each committee are present.
Art. 259bis-12. § 1^er. The Committee of Opinion and Investigation shall prepare, either on its own motion or at the request of the General Assembly, the Minister of Justice or the majority of the members of the House of Representatives or the Senate, the opinions and proposals concerning:
1° the general functioning of the judicial order;
2° proposals and bills that affect the functioning of the judicial order;
3° the use of available means.
§ 2. The consolidated notice and investigation board may collect all relevant information for the performance of the tasks referred to in § 1^erwithout prejudice to the provisions of Article 259bis-16.
Any request for information addressed to members of the judiciary is notified before their respective heads of bodies and supervisors. Where the member of the judicial order is not a judge, the requested information may only be disclosed after the approval of the head of body of the jurisdiction concerned.
§ 3. The opinions and proposals of the panel of opinions and investigations gathered are written and have no binding or suspensive effect.
Art. 259bis-13. The committee of opinion and inquiry shall prepare the general profiles of the heads of bodies on the basis of the criteria established by the Superior Council.
The general profiles are published in the Belgian Monitor in the month of their approval by the General Assembly.
The King can determine the different profile categories.
Art. 259bis-14. § 1^er. The adjudication and investigation commission is responsible for overseeing in general and promoting the use of internal control mechanisms within the judicial order referred to in articles 140, 340, 398 to 400 in fine, 401 to 414, 651, 652, 838 and 1088 of the Judicial Code as well as sections 441 and 442 of the Code of Criminal Investigation.
§ 2. The competent authorities for the application of the law provisions referred to in § 1^er, are required to prepare an annual report on this matter to the attention of the committee of opinion and inquiry together with the Minister of Justice.
The consolidated notice and investigation board may also request such authorities any useful information. The Minister of Justice is notified simultaneously.
§ 3. An annual report on how internal controls are used and how their operations can be improved is prepared by the consolidated notice and investigation board.
Art. 259bis-15. § 1^er. Each notice and investigation board receives and monitors complaints about the functioning of the judicial order.
§ 2. To be admissible, the complaints are filed in writing, must be signed and dated and must contain the complainant's complete identity.
§ 3. Advisory and investigation commissions do not deal with any complaints:
1° relevant to the criminal or disciplinary powers of other bodies;
2° on the content of a judicial decision;
3° whose object may or may be attained by the application of ordinary or extraordinary remedies;
4° where it has already been treated and contains no new elements;
5° manifestly unfounded.
The decision not to process the complaint must be motivated and is not subject to appeal.
Where applicable, the complainant is referred to the competent bodies that are required to inform the notice and investigation boards of the action reserved for the complaint in a reasoned manner.
§ 4. Complaints handled by the advisory and investigation boards are brought to the attention of the head of the court and the heads of bodies or supervisors of the persons who are the subject of the complaint.
Without prejudice to the authority of the head of body or supervisor, the boards of opinion and inquiry shall, at the time they consider it useful, make a complaint to the person against whom the complaint is made or for which the complaint is detrimental.
§ 5. Persons who are notified of the complaint are entitled to make oral or written statements in this regard to the notice and investigation boards. Boards of Notice and Investigation may request further information from these individuals provided that they are simultaneously informed by their supervisor or supervisor.
§ 6. The notice and investigation commissions inform the complainant in writing of the action reserved for the complaint.
When the complaint is substantiated, the notice and investigation commissions may address to the relevant bodies and the Minister of Justice any recommendations that may provide a solution to the problem raised and any proposals to improve the general functioning of the judicial order.
§ 7. Each notice and investigation board shall prepare at least once a year a written report on the follow-up of complaints received.
Art. 259bis-16. § 1^er. The adjudication and investigation board may, with the exception of any criminal and disciplinary jurisdiction, initiate a special investigation into the functioning of the judicial order.
This investigation is initiated, either on its own motion, after prior approval by the majority of the members of the Committee of Opinion and Investigation, either at the request of the Minister of Justice or at the request of the majority of the members of the House of Representatives or the Senate.
§ 2. The consolidated notice and investigation commission orders the appropriate body chief or supervisor to conduct the investigation and to submit a written report within the time limit set by the board of review and investigation.
§ 3. The advising and investigating committee, which was convened, exceptionally conducts the investigation itself after prior approval by two thirds of its members, when:
1° the Minister of Justice asked him at his request to the commission;
2° because of the purpose of the investigation, it is not indicated to entrust it to the head of body or to the hierarchical superior referred to in § 2 or where they have not conducted or are not conducting the investigation as appropriate.
The Minister of Justice is informed of this decision before the investigation begins.
The adjudication and investigation committee shall conduct the investigation under the direction of a magistrate and may:
1° descend to the site to make all useful findings, but not to carry out a search;
2° consult and be produced, without displacement, to be informed, of closed judicial records, to take extracts, copies or to be provided without charge;
3° to hear members of the judiciary as information. In this context, the person heard is authorized to make statements, which are covered by professional secrecy.
§ 4. For each investigation, a report that is approved by a two-thirds majority of its members is drafted by the advisory and investigation committee.
Art. 259bis-17. § 1^er. The exercise of the powers referred to in articles 259bis-11 to 259bis-16 also includes the right of the commission concerned to conduct an audit of the functioning of the judicial order, without being able to intervene in the processing of the files under way.
§ 2. When in the course of the exercise of his or her duties, the High Council considers that a member of the judicial order lacks the duties of his or her office or impairs the dignity of his or her profession by his or her conduct, or refuses to cooperate in the exercise of the educational measures referred to in Article 259bis-16, § 3, the High Council shall bring such data to the knowledge of the competent disciplinary authorities by asking them to examine whether there is a Minister of
Disciplinary authorities shall inform the High Council on the grounds that they are reserved for them.
Art. 259bis-18. Notices and proposals referred to in Article 259bis-12, § 1^er, and the reports referred to in articles 259bis-14, § 3, 259bis-15, § 7, and 259bis-16, § 4, are transmitted to the General Assembly which then communicates them to the Minister of Justice, the House of Representatives, the Senate and the heads of bodies of the courts and the public ministry near these courses.
Section VIII. - Common provisions
Art. 259bis-19. § 1^er. Members of the High Council are not allowed to attend the proceedings or a decision on matters in which they have, themselves or their parents or allies up to the fourth degree included or the persons with whom they form a de facto household, a personal and direct interest or in which they intervene or intervene in the course of the exercise of their profession.
§ 2. When a member of the Superior Council acquires the knowledge, in the course of the exercise of his or her duties, of a crime or offence, he or she shall immediately inform the procurator of the competent King in accordance with article 29 of the Code of Criminal Investigation.
§ 3. Article 458 of the Criminal Code applies to members of the Superior Council, their successors, experts and Council staff for all the data they know in the course of their duties within the High Council.
Art. 259bis-20. § 1^er. The Higher Council must always be informed of a disciplinary procedure of which one of its members is subject and of the reasons for this procedure.
If the High Council considers that the disciplinary action is based on the activities of the interested party within the latter, its notice is attached to the record of the proceedings.
§ 2. The provisions of § 1^er are applicable to former members of the Superior Council for the four years following the expiry of their term.
Art. 259bis-21. § 1^er. Judges who are members of the office, with the exception of the President of the Superior Council, are entitled to an allowance of 20,000 francs annually. Non-magistrates who are members of the office with the exception of the President of the Superior Council, receive equal treatment to that of an advisor to the Court of Appeal with twenty-one years of useful seniority.
The Chief Justice of the Superior Council has on an annual basis an allowance of 300,000 francs. The non-magistrate who is President of the High Council benefits from equal treatment to that of a court of appeal chairman with twenty-one years of useful seniority.
Section 362 applies to amounts referred to in the preceding paragraphs.
§ 2. Members of the High Council who are not members of the Bureau are entitled, for their activities within the High Council and the Commissions, to chips of presence, the amount of which cannot exceed, per day of service, 1/30th of the monthly allowance allocated to the non-magistrat member, President of the High Council. Activities less than four hours a day are entitled to half of the above-mentioned maximum allocation.
§ 3. Members of the High Council are entitled to travel and residence allowances in accordance with the provisions applicable to departmental staff. Individuals who do not belong to the administration or whose rank belongs to an indeterminate rank are assimilated to public servants of rank 13. The chair is considered to be a senior officer 17.
Art. 259bis-22. § 1^er. The headquarters of the Superior Council is established in the administrative district of Brussels-Capital.
§ 2. The requirements for the functioning of the High Council are charged to the staffing budget. »
Art. 46. In Part II, Book I, Title VI, of the same Code, Chapter Vter, inserted by the Act of 6 May 1997, containing articles 259quinquies, 259sexies and 259ssepties, is replaced by the following provisions:
« CHAPTER Vter. - The appointment and designation procedure
Section I. - Appointments
Art. 259ter. § 1^er. Before the King proceeds to an appointment referred to in article 58bis, 1°, the Minister of Justice shall, within forty-five days after the publication of the vacancy in the Belgian Monitor, request the written notice motivated:
1° of the head of the body of the court or the public prosecutor in the jurisdiction where the appointment is to be held, except in the case of an appointment to the office of counsel to the Court of Cassation, adviser or alternate counsel to the court of appeal or adviser to the court of work;
2° of the head of the body of the court or of the public prosecutor in the jurisdiction where the candidate performs functions as an alternate magistrate or magistrate;
3° of a representative of the bar designated by the Bar Association of the Judicial District where the candidate performs duties, either as a lawyer or as a magistrate. For an appointment in the judicial district of Brussels, the opinion of the representative of the French Order or the representative of the Dutch Order is collected, according to that the candidate is listed in the table of the French Order or the Dutch Bar Association or that the judge belongs to the French or Dutch role.
The head of the body of a court or of the public ministry close to a court in Brussels, which is not legal bilingual, designates a holder of a deputy mandate of the other linguistic role that will assist him to collect the information and study the documents for the formulation of notices regarding candidates belonging to the other linguistic role.
Persons referred to in subparagraphs 1^er and 2 cannot give notice on parents or allies up to the fourth degree, or on persons with whom they constitute a de facto household. In this case, the notice is given by the designated alternate for that purpose.
§ 2. The notices shall be transmitted in duplicate to the Minister of Justice by the advisory bodies within thirty days of the request for notice referred to in § 1^er. A copy shall be communicated to the applicant concerned against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt. The acknowledgement of receipt is addressed to the Minister of Justice.
In the absence of a notice within the prescribed time limit, the notice is expected to be neither favourable nor unfavourable; no later than eight days after the end of this period, the candidate concerned shall be informed by the Minister of Justice by registered letter to the post with acknowledgement of receipt. This notice is not taken into account when favourable and unanimous advice is required for an appointment.
Candidates have barely a fifteen-day deadline from notification of notices to submit their observations by registered letter to the Minister of Justice. In the absence of one or more notices within the prescribed time limit, they shall be provided with a period of nounding days from the publication referred to in § 1^er.
The appointment file shall include:
- nomination and annexes;
- written notices referred to in § 1^er and, where appropriate, the candidate ' s comments;
- reports on the judicial training;
- a copy of the evaluation file.
§ 3. For an appointment as an adviser to the Court of Cassation, adviser or alternate counsel to the Court of Appeal or adviser to the Labour Court, the Minister of Justice shall communicate within 100 days of the publication referred to in § 1^er, for each of the candidates, a file of appointment to the general assembly of the jurisdiction where the appointment must intervene, with the request to issue a reasoned opinion for each of the candidates; This notice will be attached to their file.
The General Assembly shall hear candidates who, within one hundred days of the publication of the vacancy referred to in § 1^er, applied by registered letter to the post.
For the Court of Appeal and the Brussels Labour Court, the notices are approved by a two-thirds majority of the members of the General Assembly.
The General Assembly shall send to the Minister of Justice dual-emplary notices within thirty days of the request for notice and shall transmit to the candidate concerned a copy against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt. The acknowledgement of receipt is sent to the Minister of Justice.
In the absence of a notice within a prescribed time limit for each candidate, the notice shall not be taken into account; no later than eight days after the end of this period, the candidates concerned are informed by the Minister of Justice by registered letter to the post with acknowledgement of receipt.
§ 4. Within one hundred days from the publication referred to in § 1^er, the Minister of Justice shall forward to the competent appointing committee the nomination file of each candidate with the request to proceed with the nomination of a candidate.
In the event of the intervention of the general assembly referred to in § 3, this period is extended by forty days.
With the exception of judicial interns, all candidates shall, as the case may be, meet the conditions of appointment by the end of the period referred to in paragraph 1^er and 2. Judicial interns must meet the conditions of appointment at the time of their appointment.
The appointing committee shall hear candidates who, within one hundred days of the publication of the vacancy referred to in § 1^er, applied by registered letter to the post. In the event of the intervention of the general assembly referred to in § 3, this period is extended by forty days.
The presentation shall be carried out by a two-thirds majority of the votes cast on the basis of criteria relating to the candidate's abilities and suitability.
In the case of a vacant job for the functions referred to in Article 43, § 4, of the Act of 15 June 1935 concerning the use of languages in judicial matters, the presentation shall be carried out by the appointment board meeting by a two-thirds majority of the votes cast in each appointment board.
The reasoned presentation is the subject of a minutes signed by the President and a member of the appointment board.
Within forty days of the application for submission, the appointing committee shall communicate the list of the nominee and unsubmitted candidates as well as the record of the submission to the Minister of Justice by registered letter to the post with acknowledgement of receipt or against acknowledgement of receipt dated. A copy of the list is provided to candidates.
If no submissions are made within the prescribed time limit, the Minister of Justice shall inform the candidates within fifteen days by registered letter to the position and a new appeal to the candidates shall be issued to the Belgian Monitor.
§ 5. Upon receipt of the presentation, the King has a period of sixty days to make a decision and to communicate it to the appointing committee and to candidates by registered letter to the post or against receipt.
In the event of a reasoned refusal, the appointing board shall, from the date of receipt of this decision, have a period of fifteen days to proceed with a new presentation in accordance with the terms set out in § 4.
Each time the King fails to decide within sixty days, the appointing committee concerned and the candidates have, from the sixty-fifth day, a period of fifteen days to notify the King of a stay by registered letter to the post. When the King makes no decision within fifteen days of this notification, his silence is deemed to be a decision of refusal against which an appeal may be brought to the Council of State. In the absence of delays and a first submission, the appointment board shall make a new submission in accordance with the provisions of paragraph 2; if this is not a first presentation, a new call to candidates is published.
Section II. - Procedure for designation to mandates
Art. 259quater. § 1^er. The heads of bodies referred to in article 58bis, 2°, shall be designated by the King for a term of seven years not immediately renewable within the same jurisdiction or prosecutor's office.
§ 2. The Minister of Justice requests, within forty-five days after the publication of the vacancy in the Belgian Monitor, the written notice, as the case may be:
1° of the head of body coming out of the jurisdiction or public prosecutor in the jurisdiction where the designation is to be made;
2° of the head of the body of the court or of the public prosecutor in the jurisdiction where the candidate performs the functions of a judge; where the person referred to in point 1 is the same person, the opinion of the head of body of the immediately superior jurisdiction or of the public prosecutor in this jurisdiction is collected;
3° of a representative of the bar designated by the order of the lawyers of the judicial district where the candidate performs the functions of magistrate. For the judicial district of Brussels, the opinion of the representative of the French Order or the representative of the Dutch Order is collected, as the judge belongs to the French or Dutch role.
The terms of Article 259ter, § 1^erparagraphs 2 and 3, and § 2, paragraphs 1^er to 3, are applicable by analogy.
The body head designation file contains:
- the act of application and the annexes;
- written notices and, where appropriate, comments of the candidate;
- a candidate management project;
- a copy of the evaluation file.
§ 3. Article 259ter, § 3, is applicable by analogy for a designation to the office of first president of the Court of Cassation, first president of the Court of Appeal or first president of the Court of Labour.
For the rest, the provisions referred to in Article 259ter, §§ 4 and 5, are applicable by analogy, except as follows:
1° the presentation also operates on the basis of the general profile referred to in section 259bis-13;
2° in the case of designation as head of body referred to in Articles 43, § 4, 43 bis, § 4, paragraph 1 and 49, § 2, paragraphs 1^er to 4 in fine, of the Act of 15 June 1935 concerning the use of languages in judicial matters, the presentation is established by the appointing committee meeting by a two-thirds majority of the votes cast in each appointing committee;
3° at the time of designation, the candidate must be at least five years from the age limit referred to in section 383, § 1^er.
§ 4. At the expiry of the term, the head of body from the same jurisdiction or prosecutor's office shall reintegrate the function to which he was appointed at the time of his appointment or, if any, the deputy term to which he was appointed on a final basis and shall have the treatment corresponding to the function of head of body, as well as the increments and benefits associated with him for two years or until, during that period, he is appointed or designated on another.
§ 5. The designation of a candidate outside the jurisdiction as head of body shall result in a simultaneous appointment to that jurisdiction without the application of section 287. If there is no vacancy for an appointment to this jurisdiction, section 100 is applied.
In the event of the appointment of a magistrate of the seat to the office of head of body to the public prosecutor's office, or in the event of the appointment of a magistrate of the public ministry to the function of head of body to the seat, § 4 shall be applied at the expiry of the term.
In the other cases, the outgoing head of body is, at his request, again appointed by the King to the function to which he was last appointed before his appointment to the function of head of body. Where appropriate, it also reinstates the Deputy Mandate to which it was designated on a final basis.
If no such request has been sent to the King no later than six months before the expiry of the warrant, § 4 is applicable.
§ 6. The opening of a body chief's mandate results in the application of section 287.
By derogation from the provisions of the preceding paragraph, the term of office of first president of the Court of Cassation, of attorney general near the Court of Cassation, of federal prosecutor, of first president of the Court of Appeal in Brussels, of attorney general near the Court of Appeal in Brussels, of first president of the court of work in Brussels, of first instance, of the court of work and of the court of commerce in Brussels and of attorney of the King close to the court
Art. 259quinquies. § 1^er. The holders of the deputy mandates referred to in section 58bis, 3°, are designated as follows:
1° the president and section chairs of the Court of Cassation, the board chairs of the Court of Appeal and the Court of Labour and the Vice-Presidents of the Court of First Instance, the Labour Court and the Commercial Court shall be appointed within them by the competent general assemblies of two candidates who are presented in a manner motivated by the head of body, provided that a sufficient number of members meet the conditions and have applied for them. For courts based in Brussels, presentations and designations are made by language group, depending on the linguistic role of the mandate.
When the court concerned has less than seven magistrates, the head of body shall appoint by order;
2° the first general lawyers near the courts, the general lawyers near the court of appeal and near the court of work and the first substitutes are appointed by the King on a motivated presentation of two candidates by the head of the body, if the total number permits.
§ 2. Appointments to Assistants are made for a period of three years renewable after evaluation. After exercising their functions for nine years, they are, after evaluation, designated as final.
If the warrant is not renewed, the procedure referred to in § 1^er is started. In this case, the magistrate shall, at the expiry of his or her term of office, reinstate the last position to which or the last deputy term to which he or she was appointed or appointed on a final basis. Where applicable, the overnumber disappears when a mandate of the same rank is released becomes vacant.
Art. 259sexies. § 1^er. The holders of the specific mandates referred to in Article 58bis, 4°, are designated as follows:
1° the investigating judges, the judges of the seizures and the judges of the youth are appointed by the King upon presentation of the competent general assembly among the candidates who have been the subject of a substantiated proposal of the head of body.
They are designated among the judges who have served for at least three years as a magistrate of the public prosecutor's office or a judge in the court of first instance and who have already exercised the functions specified in accordance with article 80, paragraph 2, unless the King derogates from the latter condition by a specially reasoned decision.
Without prejudice to the preceding provisions, it is necessary, in order to be able to exercise the function of an investigating judge, to have exercised for at least one year the function of a judge in the first instance court and to have followed a specialized training, organized in the framework of the training of judges, referred to in article 259bis-9, § 2;
2° the youth appeal judge is appointed by the King upon presentation of the competent general assembly among the candidates who have been the subject of a substantiated proposal by the head of body. They are designated as chamber chairs and advisers;
3° Assisting magistrates and federal magistrates are appointed among members of the Public Prosecutor's Office who have served for at least five years as a magistrate of the Public Prosecutor's Office or as an examining magistrate
They shall be appointed by the King upon presentation of the appointing committee meeting in accordance with the provisions of Article 259ter, §§ 1^er, 2, 4 and 5.
The Minister of Justice has a period of one hundred days from the publication of the vacancy in the Belgian Monitor to communicate, for each candidate, the appointment file to the College of Attorneys General who will be requested to issue a reasoned opinion for each candidate; This notice will be attached to their file.
The College of Attorneys General hears candidates who, within one hundred days of the posting of the vacancy referred to in the preceding paragraph, made the request by registered letter to the position.
The Attorney General ' s College shall provide the Minister of Justice with dual-copy reasons within thirty days of the application and shall transmit a copy to the candidates concerned against receipt or registered letter to the post with acknowledgement of receipt. The acknowledgement of receipt is sent to the Minister of Justice.
In the absence of a notice within the prescribed time limit for each candidate, the notice shall not be taken into account; If applicable, the Minister of Justice shall inform the candidates concerned by a registered letter to the position with acknowledgement of receipt no later than eight days after the expiry of that period.
§ 2. Instruction judges, seizure judges and youth judges are appointed for a period of one year renewable after evaluation, the first time for a period of two years, then each time for a period of five years.
Youth appeal judges are appointed for a three-year period that, after evaluation, may be renewed each time for a five-year period.
Assistance magistrates and federal magistrates are appointed for a five-year period, which may, after evaluation, be renewed twice.
§ 3. When a specific mandate is not renewed, the procedure referred to in § 1^er is started.
Upon the expiry of their term of office, the assisting magistrate and the federal magistrate shall reinstate the function to which they are appointed and, where appropriate, the deputy term to which they are appointed on a final basis.
Art. 259s. The exercise of a body chief's mandate is incompatible with the exercise of an assistant mandate and with the exercise of a specific mandate if the latter is exercised outside the jurisdiction.
The exercise of an assistant mandate is consistent with the exercise of a specific mandate as long as it is exercised in the same jurisdiction. "
Art. 47. In the second part, Book I, Title VI, a new chapter Vquater written as follows is inserted after section 259s:
« CHAPTER Vquater. - Judicial training
Art. 259octies. § 1^er. For each judicial year, the King determines, by order deliberately in the Council of Ministers, the number of vacancies in the French and Dutch language roles.
The Minister of Justice appoints the candidates who have been awarded the admission to the judicial internship and designates the borough in which the internship is completed, taking into account the priority attached to its classification.
Candidates who register for the admission examination must, at the time of their registration, be a doctor or a graduate in law and have, in the three years preceding the registration and as a principal professional activity for at least one year, either completed a training course at the bar or other legal functions.
The recipients of the admission examination for the judicial internship may be appointed as judicial interns no later than three years after the conclusion of the contest. Between two or more candidates for admission to the judicial internship, priority is given to the winners of the contest whose minutes were closed at the earliest date.
Applications for the admission examination for the judicial internship must be submitted within one month of the publication of the appeal to the Belgian Monitor.
§ 2. The internship that provides access to the office of a magistrate of the office or the public prosecutor has a duration of three years. It includes a theoretical training consisting of a course cycle organized by the Minister of Justice in accordance with Article 259bis-9, and a practical training that takes place in several successive stages:
- 1^er in the 15th month included in a prosecutor's office of the King and/or the auditor of the work and/or the military auditor, this period also includes one month in an administrative department of one or more prosecutors;
- from the 16th to the 21st month included in a state penitentiary institution, a police service, a notary study or a study of a judicial officer or a legal service of a public economic or social institution;
- 22nd to 36th month included in one or more chambers of the Court of First Instance, the Labour Court or the Court of Commerce, or the War Council, this period also includes one month within one or more transplants.
The judicial trainee is under the supervision of two internship masters responsible for his training. Prior to this, the head of the public prosecutor ' s office shall designate two magistrates of the public prosecutor ' s office who shall perform the duties of first and second stages of probation. Similarly, the president of each court appoints two members of the seated judiciary who will serve as the second probationer for the third stage.
After the 12th and before the end of the 21st month of the training, the first master of the course immediately sends to the head of the body a detailed report on the first and second stages of the training. A copy of this report is transmitted by the Attorney General or the Auditor General to the Minister of Justice and to the competent appointing and appointing committee.
Before the end of the 33rd month of the training, the second internship master promptly forwards to the president of the court a detailed report on the third stage of the training. A copy of this report is forwarded by the first president to the competent appointing committee, the Attorney General or the Auditor General, who forwards it to the Minister of Justice and the competent appointing and appointing committee. If necessary, the second internship master shall, in the same way, submit a supplementary report on the last three months of probation.
§ 3. The course giving access to the function of the Public Prosecutor ' s Office has a duration of 18 months.
It includes a theoretical training consisting of a course cycle organized by the Minister of Justice in accordance with Article 259bis-9, and a practical training that takes place in several successive stages:
- 1^er in the 12th month included in a Crown Prosecutor's Office and/or the Labour Auditor and/or the Military Auditor's Office, this period also includes one month in an administrative department of one or more prosecutors;
- 13th to 15th months included in a state penitentiary institution, a police service or in a legal service of an economic or social public institution;
- 16th to 18th months included in a prosecutor's office of the King and/or the auditor of the work and/or the military auditor.
The judicial trainee is placed under the direction of an internship master.
Prior to this, the head of the body shall appoint to each prosecutor two magistrates of the Public Prosecutor ' s Office who shall serve as a probation officer. Before the end of the 15th month of the training, the master of the internship was able to provide the head of the body with a detailed report on the first and second stages of the training. A copy of this report is transmitted to the competent appointing committee and to the Minister of Justice by the Attorney General or Auditor General. If necessary, the internshipmaster shall submit, in the same way, a supplementary report on the last three months of probation.
§ 4. Prior to the end of the 11th month, the trainee informs the first internship master of his or her choice relating to the continuation of his or her internship, pursuant to § 2 or § 3. The first internship manager informs the Attorney General who in turn communicates him to the Minister of Justice.
§ 5. The trainee referred to in § 2 and the trainee referred to in § 3 shall receive a copy of the internship report.
If the information contained in one or more reports is unfavourable, the head of body renders an opinion after hearing the person concerned. The completion of this formality is mentioned in the report to the Minister of Justice.
§ 6. The Minister of Justice may, after hearing the interested person and the reasoned opinion of the Head of Body and the competent appointing committee, terminate the internship in a proactive manner due to professional incapacity or serious reasons on three months' notice. The notice period shall take place on the expiration of the calendar month in which the notice is notified to the interested party.
In this case, the person concerned is subject, during the period of notice, to the status of temporary agents defined in Articles 8, 16 and 17 of the Order's Order of 30 April 1947 establishing the status of temporary agents.
The internship may be suspended for legitimate reasons by the Minister of Justice, either on his or her behalf or at the request of the person concerned.
In the event of an uninterrupted suspension or absence for more than one month, the internship is extended in full right of the same period without the extension being extended for more than one year in the course referred to in § 2 and six months in the course referred to in § 3.
When the appointment of the intern may not take place, at the end of the 36th or 18th month as the case may be, for lack of a vacant place for which the intern enters an account for an appointment, the Minister of Justice fears to extend the duration of the internship to the court or in a prosecutor's office of one or two periods of six months.
§ 7. Judicial interns appointed in accordance with § 1^er are called in service in this capacity after having taken the oath provided for in article 2 of the decree of 20 July 1831 concerning the oath.
The intern is not a judge.
The intern has, for the duration of the internship at the procurator's office, for the duration of the internship at the procurator's office or for the duration of the internship at the procurator's office, the quality of the judicial police officer, the deputy of the king's procurator, the auditor of the work or the military auditor, but he can only perform the duties on commission by the public prosecutor or the auditor general.
After 6 months of probation, he may be commissioned by the Attorney General or by the Auditor General to perform in whole or in part the functions of the Public Prosecutor for the sole duration of the internship at the Crown Prosecutor's Office and/or the Labour Auditor and/or the Military Auditor.
In the case of the internship referred to in § 2, the intern may be held as clerk, after 15 months of probation, in accordance with Article 329.
In the case of the internship referred to in § 2, the judicial trainee assists the judge(s) composing the court chamber in which he is assigned. He attends the deliberation, but does not exercise any mercy.
These assignments are brought to the attention of the internship master referred to in § 2 or § 3, as well as the respective heads of bodies.
Judicial interns are incompatible with any other paid function. However, the Minister of Justice may, on the advice of the Attorney General or the Auditor General, authorize the person concerned to perform the duties referred to in section 294, paragraph 1^er.
§ 8. The judicial trainee receives an annual salary equal to that of a senior officer at level 1, who is owned by departmental staff, who is paid monthly in the fallen term.
It benefits from the additional salary allowances, allowances and salaries awarded to departmental staff.
Section 362 is applicable.
The treatment is linked to index number 138,01.
All legislation relating to social security of workers, except that relating to annual holidays, is applicable to the judicial interns. »
Art. 48. In the second part, Book I, Title VI, of the same Code, it is inserted after section 259octies, a chapter Vquinquies, as follows:
« CHAPTER Vquinquies. - The evaluation of magistrates
Section I. - General provisions
Art. 259nonies. Effective professional judges are subject to a written assessment of the warrant, a periodic evaluation of an appointment, or an assessment of the warrant in the case of an assistant or specific mandate.
These assessments are carried out within 30 days of the expiry of the deadlines set out in this chapter. A new evaluation may be proactively conducted where specific facts have occurred or specific findings have been made since the last evaluation.
The periodic evaluation can give rise to a "very good", "good", "sufficient", "sufficient". The assessment of the incumbents of the Assistant and specific mandates may result in a "good" or "sufficient" statement.
The evaluation focuses on how the functions are performed, with the exception of the content of any judicial decision, and is performed on the basis of personality criteria as well as on intellectual, professional and organizational capacities.
On the proposal of the Superior Council, the King determines the criteria for the assessment and weighting of these criteria, taking into account the specificity of functions and mandates, and determines the modalities for the application of these provisions.
The evaluation is preceded by one or more functional interviews between the person being assessed and at least one of the assessors. The head of the body shall communicate a copy of the provisional mention to the person concerned by acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt.
The person concerned may, as soon as he is due within ten days of the notification of the provisional mention, send his written remarks, against receipt or registered letter to the position with acknowledgement of receipt, to the head of body which joins the original to the assessment file and transmits a copy to the Minister of Justice. The head of the body shall, within ten days of receipt of the remarks, transmit a copy of the final mention to the Minister of Justice and, against acknowledgement of receipt dated or by registered letter to the post with acknowledgement of receipt to the person concerned.
The evaluation files are retained by the head of body. A copy of the records is maintained by the Minister of Justice for at least ten years. The evaluations are confidential and can be consulted at any time by the interested parties.
Section II. - Periodic evaluation
Art. 259decies. § 1^er. The periodic evaluation of a magistrate takes place the first time a year after the swearing-in in the function to be assessed and then every three years.
§ 2. The evaluation is carried out by an absolute majority of votes by the head of body and two magistrates appointed by the general assembly or by the body assembly. Evaluators must at least have received the "good" statement. These two judges are appointed from within the jurisdiction or public prosecutor's office to this jurisdiction for a period of five years renewable. If there are less than five members of the institutional framework of the jurisdiction or public prosecutor's office, it is the head of body that conducts the evaluation.
In the courts in Brussels and in the public prosecutor's office near these courts, each linguistic group of the general assembly or the body assembly chooses two judges for the evaluation. They are responsible for conducting an assessment with the head of the body of the judges belonging to their linguistic role.
If the assessment relates to the functions of deputy of the King's Prosecutor of Supplement, as a substitute for the auditor of the work of supplement or as a judge of supplement, it shall be carried out, as the case may be, by the head of body of the Court of Appeal, the Labour Court or the Public Prosecutor's Office in the jurisdiction where the appointment took place with the two judges who are elected by the general assembly or the body assembly of the jurisdiction where the appointment took place
§ 3. The "insufficient" mention is the application of section 360ter.
Section III. - Mandate evaluation
Art. 259undecies. § 1^er. The assessment of the holders of the ad- joints and specific mandates shall take place at the end of each period for which they have been granted and not later than four months before the expiry of the period in accordance with the terms referred to in Article 259decies, § 2, except for the assisting magistrate and the federal magistrate who are subject to the evaluation of the College of Attorneys General.
§ 2. If the holder of an assistant or specific mandate obtains the "good" statement, his or her mandate is renewed. If the reference is "sufficient", the procedure followed is, as the case may be, that referred to in section 259quinquies or section 259sexies.
The holders of a deputy mandate who, after nine years, are designated on a final basis, are subject to a periodic evaluation. »
Art. 49. In the second part, book I, title VI, of the same Code, it is inserted, after article 259undecies, a chapter Vsexies, as follows:
« CHAPTER Vsexies. - Referendums near the Court of Cassation
Art. 259duodecies. In order to be appointed as a reference to the Court of Cassation, the candidate must be twenty-five years of age and be a doctor or a law graduate.
Candidates are ranked in competitions for their appointment.
The Court determines the subject matter of competitions as required by the service. It sets the conditions of the competitions and constitutes the jury.
Each jury is composed, respecting the linguistic balance, of two members of the Court appointed by the first president of the Court of Cassation, two members of the Prosecutor General appointed by the Attorney General to this Court and four persons outside the institution designated by the King on two lists of four candidates each, respecting each the linguistic balance and proposed respectively by the first president and the Attorney General.
The duration of a contest is three years.
Art. 259terdecies. Referendums are appointed by the King for a three-year internship according to the classification referred to in section 259duodecies.
At the end of these three years, the appointment becomes final unless otherwise decided by the King, exclusively on the proposal, as the case may be, of the first president or the Attorney General, no later than during the third quarter of the third year of probation.
The first president of the Court of Cassation and the Attorney General close to this Court shall jointly designate the interns and the final appointees who are placed under the authority of each other.
Art. 259quaterdecies. The years completed as a reference to the Court of Cassation are taken into account for the calculation of the seniority in an administrative or judicial function or in a position to the Court of Arbitration or the Council of State that the referees may subsequently exercise. »
Art. 50. Section 286 of the same Code is replaced by the following provision:
"Art. 286. § 1^er. For the appointments, functions and jobs provided for in this title, the candidate must have met the conditions of knowledge of the national languages provided by law.
§ 2. For the appointments and functions set out in sections 187 to 194, sections 207 to 209 and sections 254 and 258, candidates must have exercised the legal functions prescribed as a graduate of a doctor or graduate in law and as a principal professional activity. »
Art. 51. In section 287 of the same Code, replaced by the law of 18 July 1991 and amended by the laws of 1^er December 1994 and 17 February 1997, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"Any application for an appointment in the judicial order or for a designation as head of corps, auxiliary magistrate or federal magistrate must be sent, as soon as possible, by registered letter to the Minister of Justice within one month of the publication of the vacancy in the Belgian Monitor. A Royal Order may determine which documents must be attached to the application to verify whether it is satisfied with the conditions of appointment or designation. The publication of the vacancy specifies, where applicable, the time limit for applicants to be heard under articles 259ter, 259quater and 259sexies, § 1^erThree. »;
2° in paragraph 2, the words "six months" are replaced by the words "nine months." »;
3° in paragraph 3, the words "no designation" are inserted between the words "appointment" and "cannot";
4° in paragraph 4, the number "Vsexies" is inserted between the word "chapters" and the number "VI".
Art. 52. Section 288 of the Code, as amended by the Acts of 17 February 1997, 6 May 1997, 9 July 1997 and 10 February 1998, are amended as follows:
1° it is inserted a paragraph 1^er as follows:
"Receiving takes place during each appointment, during each designation as Head of Body and during the first appointment to an Assistant Mandate";
2° to current paragraph 1^er, the words "of the first general lawyer" are inserted each time between the words "of the Attorney General" and "general lawyers" and between the words "close to the court of appeal" and "general lawyers";
3° in current paragraph 3, insert the words ", their first substitutes" between the words "the king's prosecutors" and the words "and their substitutes".
Art. 53. Section 290 of the same Code is replaced by the following provision:
"Art. 290. An oath must be made in the month following notification of appointment or designation; on the contrary, it may be considered non-ave. »
Art. 54. In article 310 of the same Code, as amended by the laws of 15 July 1970 and 17 February 1997, the words "general lawyers, in the order of their appointment" are replaced by the words "general lawyers in the order of their designation".
Art. 55. In section 311 of the same Code, as amended by the laws of 17 February 1997 and 9 July 1997, the following amendments are made:
1° the words "general lawyers near the labour court, in the order of their appointment; are replaced by the words "general lawyers near the labour court, in the order of their designation; »;
2° the words "general substitutes near the court of work, in the same order; are replaced by the words "general substitutes near the court of work, in the order of their appointment; "
Art. 56. In article 312 of the same Code, as amended by the laws of 17 February 1997 and 10 February 1998, the words "judges and, where applicable, judges of supplement in the order of their appointment; are replaced by the words "judges and complementary judges in the order of their appointment; and the words "the substitutes of the King's Prosecutor or the substitutes of the Labour Auditor in the order of their appointment; "by the words "the substitutes of the King's Prosecutor, the substitutes of the Labour Auditor, the substitutes of the King's Prosecutor of Supplement and the substitutes of the Auditor of Supplement Work, in the order of their appointment as a substitute or a substitute for supplement; "
Art. 57. In article 312bis of the same Code, inserted by the law of 17 February 1997, the words "the justice of the peace of supplement; are inserted between the words "the justice of the peace; and "the alternate justices of peace".
Art. 58. In article 312ter of the same Code, inserted by the law of 17 February 1997, the following sentence is inserted between the words "their appointment; and the "alternate judges":
“Additional judges in the same order; "
Art. 59. Section 319 of the same Code is replaced by the following provision:
"Art. 319. The head of body that is prevented from performing the functions that have been assigned to him is replaced by the magistrate whom he designates for that purpose. When the head of the body fails to designate a substitute, it is replaced by a deputy mandate holder in the order of service seniority or, if not, by another magistrate in the order of service seniority. The replacement must meet the same language conditions as the head of body.
The replacement ends straight when the age limit referred to in section 383, § 1^er, is reached. »
Art. 60. Section 320 of the Code is replaced by the following provision:
"Art. 320. Unless otherwise provided, the heads of courts and tribunals or of the public prosecutor's office near courts and tribunals shall make the replacements for the service of the hearing in the event of an impediment or vacancy of deputy agents or specific agents. »
Art. 61. An article 323bis, as follows, is inserted after article 323 of the same Code:
"Art. 323bis. 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 Court of Appeal or the Court of Work by appointment, if any, of an overcrowding designation.
The magistrates in charge of a mission retain their place on the rank list and are expected to have exercised their duties. They maintain their treatment, as well as the increases and benefits associated with it, provided it is an unpaid mission.
The body leader who accepts a mission loses his mandate as a body leader but retains his treatment as well as the increases and benefits associated with it as long as it is an unpaid mission. At the end of his mission, he falls under the application of Article 259quater, § 4. »
Art. 62. Section 324 of the same Code is repealed.
Art. 63. Article 325, paragraph 1^er, the same Code is repealed.
Art. 64. In section 326 of the same Code, as amended by the Act of 28 December 1990, paragraphs 2 and 3 are replaced by the following:
"In addition, where the service needs warrant, the Attorney General near a court of appeal may charge a judge of his Attorney General's Office or a magistrate of a prosecutor's office of the King of his jurisdiction to temporarily perform the functions of the Public Prosecutor's Office with another prosecutor's office in the same jurisdiction.
When warranted by the necessity of the service, the Attorney General presides a court of appeal may appoint a magistrate from his or her general auditorship or a magistrate from a labour auditorship of his or her jurisdiction to temporarily perform the functions of the public prosecutor's office with another auditor in the same jurisdiction.
Where the necessities of the service warrant, the Minister of Justice may, on the advice of the competent general prosecutors, charge a magistrate of a public prosecutor's office near a court of appeal or a prosecutor's office of the King to temporarily assume the functions of the public prosecutor's office in another jurisdiction.
Where the necessities of the service warrant, the Minister of Justice may, on the advice of the competent general prosecutors, charge a magistrate of a general auditorship near a labour court or a labour auditorate to temporarily perform the functions of the public prosecutor's office with a general auditor or auditor in another jurisdiction. »
Art. 65. Article 327 of the same Code, replaced by the law of 25 July 1974 and amended by the laws of 17 July 1978 and 1^er December 1994, paragraph 6 is replaced by the following:
"In case of application of the preceding paragraphs to a head of body, section 323bis, paragraph 3, is applicable. »
Art. 66. In section 327bis of the same Code, inserted by the Act of 6 August 1993, paragraphs 3 and 4 are replaced by the following:
"Article 327, paragraphs 5 and 6, is applicable to these judges.
To the extent that this is a full-time mission, it may be provided for the replacement of a magistrate near the court of appeal or the court of work by appointment and, where applicable, by way of an over-numbered appointment. »
Art. 67. Section 340 of the same Code is replaced by the following provision:
"Art. 340. § 1^er. In each court and tribunal a general assembly is established.
§ 2. The General Assembly is convened:
1° to deliberate on objects of common interest for all the chambers, or to treat matters relating to public order that fall within the jurisdiction of the court or tribunal;
2° for the drafting of a report and the development of proposals on the functioning of the jurisdiction before October 15 of each year. This report is then forwarded to the Supreme Council of Justice by the Head of Body and the Minister of Justice by the Attorney General near the Court of Appeal and the Court of Cassation;
3° for the election of judges responsible for the evaluation and their substitutes;
4° for designation to deputy mandates;
5° for specific designation presentations.
§ 3. The General Assembly of Appeals and Labour Courses is also convened:
1° for notices referred to in articles 259ter, § 3, and 259quater, § 2, 2°;
2° where the first president deems it appropriate to summon the court, after a member of the court informed him that he wished to make a denunciation of any public object of the court's jurisdiction. If the first president did not consider it necessary to summon the court, the person who wanted to make a denunciation may instruct his chamber of the object he intended to denounce; if, after having deliberated, the board requests the convocation of the general assembly, the first president is required to grant it.
In addition, the General Assembly of the Court of Appeal is convened to:
1° to hear the denunciations of crimes and offences made by one of its members; the Attorney General may order the Attorney General to prosecute on the basis of these facts or to hear the account that he will make proceedings that would be commenced;
2° to review each year, in the course of September, the pending cases and report thereon no later than 15 October;
3° to write a report on the judicial backlog in the court. If the tract report on the functioning of the Court of Appeal, it also includes the findings and proposals of the first president;
4° to propose, as part of a multi-year plan, measures to resolve the backlog within the jurisdiction.
The reports referred to in 2°, 3° and 4° are transmitted through the Attorney General to the Superior Council of Justice and the Minister of Justice, who communicates them to the Council of Ministers and to the Speakers of the House of Representatives and the Senate.
§ 4. The General Assembly of the Court of Cassation is also convened to:
1° to write the notices referred to in articles 259ter, § 3, and 259quater, § 2, 2°;
2° prepare and publish an annual report of activities including an overview of pending cases;
3° to formulate, as part of a quadrennial plan, measures that may contribute to the resorption of the judicial backlog of the Court of Cassation without prejudice to the fulfilment of the judicial mission of the Court of Cassation;
4th review each year, in the course of September, the situation with regard to pending cases and report to the Minister of Justice and to the Speakers of the House of Representatives and the Senate no later than 15 October on this matter;
§ 5. General meetings shall be convened, as appropriate:
1° by the first president or president;
2° where a quarter of the members apply;
3° on a reasoned request from the Attorney General, the Crown Prosecutor or the Labour Auditor. In this case, the summons is made within three days of the request.
At each convocation of the General Assembly, the first President or the President shall inform the Minister of Justice of the matter to which the General Assembly shall deliberate.
No other object may be deliberated than the object for which the convocation was made.
In no case can the General Assembly prevent or suspend the course of the hearings. »
Art. 68. Section 341 of the same Code. amended by the Acts of 17 July 1984 and 9 July 1997, is replaced by the following provision:
“Art. 341. § 1^er. The General Assembly is composed of:
1° of the members referred to in Article 129, paragraph 1^erfor the Court of Cassation;
2° of the members referred to in articles 101, paragraph 2, and 102, § 1^erfor appeal courses;
3° of the members referred to in Article 103, paragraphs 2 and 3, for the course of work;
4° of the members referred to in articles 77, paragraph 1^erand 87, paragraph 1^erwith respect to courts of first instance;
5° of the members referred to in articles 82 and 87, paragraphs 1^er and 3, with regard to labour courts;
6° of the members referred to in Articles 85 and 87, paragraphs 1^er and 3, with regard to trade courts;
7th of the members of the General Assembly of the Court of First Instance and of the members referred to in articles 59, 60, 64 and 69 concerning the justices of the peace and the police courts established in the same judicial district.
§ 2. In the cases referred to in Article 340, § 2, 3°, 4° and 5°, and § 3, 1°, alternate magistrates, consular judges, councillors and social judges are not part of the general assembly.
§ 3. In the cases provided for in Article 340, § 2, 2°, and § 3, 2°, the Attorney General or, as the case may be, the Crown Prosecutor or the Labour Auditor, attends the General Assembly. He can have his requisitions registered.
§ 4. When the courts have disciplinary proceedings in a general assembly, the assembly is composed of the first eleven members of the court in order of rank or those who replace them. "
Art. 69. Section 342 of the same Code is replaced by the following provision:
“Art. 342. § 1^er. The General Assembly may deliberate or vote validly if the majority of members are present.
§ 2. Any decision shall be taken by an absolute majority of the members present.
Elections, presentations, designations and opinions are made separately and by secret ballot; if none of the candidates meets the absolute majority, a ballot shall be taken between the two candidates who obtained the most votes.
§ 3. In the event of parity of the vote, the decision is, as the case may be, the first president, the president, the magistrate who replaces them or the President designated by the General Assembly.
§ 4. Judges may not participate in deliberation and voting if they have a personal or contrary interest. »
Art. 70. Section 342bis of the same Code, inserted by the Act of 9 July 1997, is repealed.
Art. 71. Section 343 of the same Code is replaced by the following provision:
“Art. 343. By derogation from Article 60, § 3, paragraph 1^er, of the Act of 15 June 1935 concerning the use of languages in judicial matters, are not considered to be prevented, advisers to the Court of Cassation who do not know the language to be used at the general assemblies, the hearings of the chambers held or the plenary hearings of each chamber.
If they are to take place at the headquarters, a simultaneous translation is organized to allow them to follow all the debates at the public hearing, and for the debates in the council chamber or the debate, a judge justifying the knowledge of the two national languages acts as an interpreter. »
Art. 72. Section 344 of the same Code is replaced by the following provision:
"Art. 344. The general assembly service in courts and tribunals is done by the Chief Clerk. The clerk draws a record of the operations. This report contains the names of the members who were members of the General Assembly and possibly the names of the magistrate of the Public Prosecutor's Office who attended. It is signed by the president and the clerk. »
Art. 73. Section 345 of the same Code is replaced by the following provision:
"Art. 345. Every year, after the holidays, the Court of Cassation and the Courts of Appeal meet in general and public assembly.
The Attorney General near the Court of Cassation or one of the general lawyers he has charged with, delivers a speech on a subject adapted to the circumstance.
The Attorney General near the Court of Appeal reports the way in which justice was rendered within the scope of the jurisdiction and indicates the abuses that he would have noticed. He may also, if he considers it useful, give a speech on a subject adapted to the circumstance. He can charge one of the general lawyers to deliver this speech.
Attorneys General send to the Minister of Justice copies of their speeches. »
Art. 74. In the second part, book II, title II of the same Code, articles 346 to 352 are placed under a new chapter VIbis entitled "From the Body Assembly".
Art. 75. Section 346 of the same Code is replaced by the following provision:
"Art. 346. § 1^er. It is instituted for every floor near each court and every court a body assembly.
§ 2. The body assembly is called:
1° to deliberate and make decisions on matters of general interest, or to deal with cases of public order that fall within the jurisdiction of the court or tribunal;
2° for the drafting of a report and the elaboration of proposals, each year before 15 October, on the functioning of the prosecutor's office near the court or tribunal, report which is communicated to the Supreme Council of Justice and, by the Attorney General near the Court of Cassation or near the Court of Appeal, to the Minister of Justice;
3° for the election of judges responsible for the evaluation and their substitutes.
§ 3. Body assemblies are convened, as appropriate:
1° by the Attorney General, the Crown Prosecutor or the Labour Auditor;
2° when a quarter of the members apply.
At each convocation of the Body Assembly, the Attorney General, the King's Prosecutor or the Labour Auditor shall inform the Minister of Justice of the matter to which the Assembly shall deliberate.
§ 4. No other object may be deliberated than the object for which the convocation was made. In no case can the body assembly prevent or suspend the hearings. »
Art. 76. Section 347 of the same Code is replaced by the following provision:
"Art. 347. The body assembly is composed:
1st of the members referred to in Article 142 for the Court of Cassation;
2° of the members referred to in Article 144 for the Court of Appeal;
3° of the members referred to in Article 145 for the Labour Court;
4° of the members referred to in Article 151 for the Court of First Instance;
5° of the members referred to in Article 153 for the Labour Court. »
Art. 77. Section 348 of the same Code is replaced by the following provision:
"Art. 348. § 1^er. The body assembly can only deliberate or vote validly if the majority of the members are present.
§ 2. Any decision shall be taken by an absolute majority of the members present. Elections are held separately and by secret ballot; if none of the candidates meets the absolute majority, a ballot shall be taken between the two candidates who obtained the most votes.
§ 3. In the event of parity of the vote, the decision is, as the case may be, the Attorney General, the Crown Prosecutor, the Labour Auditor, the Magistrate who replaces them or the President designated by the Body Assembly.
§ 4. Judges may not participate in deliberation and voting if they have a personal or contrary interest. »
Art. 78. Section 349 of the same Code, as amended by the Act of 16 July 1993, is replaced by the following provision:
"Art. 349. The service of body assemblies near courts and tribunals is done by the Chief Secretary.
The Chief Secretary prepares a record of operations. This report contains the names of the members who were part of the body assembly. It is signed by the President and the Chief Secretary. »
Art. 79. The Code repeals:
1° Article 350;
2° Article 351, amended by the Act of 16 July 1980;
3° Article 352.
Art. 80. In section 354 of the same Code, as amended by the Acts of 21 February 1983 and 17 February 1997, the following paragraph shall be inserted between paragraphs 1^er and 2:
"The King organizes the professional training of clerks, secretaries, clerks, clerks and prosecutors and officers in the service of the documentation and consistency of the texts with the Court of Cassation. »
Art. 81. Section 359 of the same Code is supplemented by the following paragraph:
"The replacement referred to in section 259quater, § 6, paragraph 2, shall be the difference between his treatment and the treatment related to his or her temporary duties, for the duration of the replacement and for the next two years or until he or she is appointed or appointed to another term or another function before the expiry of that period. "
Art. 82. An article 360ter, as follows, is inserted in the same Code:
"Art. 360ter. If, during a periodic assessment, a magistrate obtained the "sufficient" mention, the latter led to the loss for six months of the last three-year increase referred to in sections 360 and 360bis, without prejudice to the disciplinary consequences.
In the event of a "sufficiency" statement, the judge concerned is subject to a new assessment after a period of six months. If it does not get at least the "good" reference, paragraph 1 is again in application. »
Art. 83. In paragraph 2 of section 364 of the same Code, the word "named" is replaced by the words "named or designated. »
Art. 84. Section 378 of the same Code is supplemented by the following paragraph:
"The payment is made on the first of the month following the designation.
However, if the designation takes place on the first of the month, the treatment is due to date of that day. It ends on the first day of the month following the termination of office. »
Art. 85. In article 383, § 2, of the same Code, amended by the law of 17 July 1984, the words ", as referred to in § 1^er," are inserted between the words "age" and "can be designated".
Art. 86. In section 383bis of the same Code, inserted by the Act of 17 July 1984 and amended by the Act of 31 January 1986, the following amendments are made:
1° § 1^er is repealed;
2° to § 2, which becomes § 1^er, the words "because of their age" are replaced by the words "because of the age referred to in Article 383, § 1^er »;
3° in § 3, which becomes § 2, the second sign “§” and the words “and 2” are deleted;
4° to § 4 which becomes § 3, the second sign “§” and the words “and 2” are deleted;
5° in § 5 which becomes § 4, the second sign “§” and the words “and 2” are deleted.
Art. 87. Section 390 of the same Code, as amended by the Act of 9 July 1997, is replaced by the following provision:
"Art 390. The provisions of articles 383 to 389 apply to alternate judges. With the exception of section 383 bis, they are also applicable to actual and alternate social advisers as well as to social and consular judges. »
CHAPTER III. - Amendments to the Act of 15 June 1935
concerning the use of languages in judicial matters
Art. 88. In section 43bis, § 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 10 October 1967 and amended by the laws of 26 June 1974 and 23 September 1985, the following amendments are made:
1° to paragraph 1, the words "occupied with places for which the presentation belongs to the Brabant Provincial Council" are deleted;
2° in paragraph three, the words "whose presentation belongs to the Provincial Council of Brabant" are deleted.
CHAPTER IV. - Amendment of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges
Art. 89. Article 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 the laws of 6 August 1993, 1^er December 1994 and 9 July 1997 is replaced by the following provision:
“Art. 21. Judges on the day on which the provisions of this Act come into force, and magistrates appointed before the coming into force of this Act, but to whom the honorable resignation has been granted on account of incompatibility, are deemed to have completed the judicial training set out in section 259octies of the Judicial Code and are deemed to have passed the examination of professional fitness, as provided for in section 259bis-9 of the Criminal Code.
Alternate judges appointed before 1^er October 1993 and the alternate judges appointed before 1^er October 1993 to which honorable resignation was granted due to incompatibility, are deemed to have passed the examination of professional fitness under section 259bis-9 of the same Code.
Alternate judges, appointed before 1^er October 1993, is transmitted to the competent appointing board for presentation only as long as all individual opinions are favourable.
If, in addition to one of the above-mentioned substitute judges, a professional fitness examination winner, a person who has completed the required judicial training or a magistrate who has also obtained only favourable individual opinions shall apply for an appointment, the appointing committee shall give priority to these candidates at the time of the presentation.
Referendums to the Court of Arbitration, the members of the auditorate to the Council of State and the members of the coordinating office to the Council of State are deemed to have passed the examination of professional fitness under Article 259bis-9 of the same Code. »
CHAPTER V. - Amendment of the Act of 9 July 1997 amending articles 259 bis of the Judicial Code and 21 of the Act of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges
Art. 90. In section 4 of the Act of 9 July 1997, the following amendments are made:
1° to paragraph 1^er, the words "Article 259bis, § 6" are replaced by the words "Article 259bis-9, § 1^erthird paragraph;
2° to paragraph 1^er, (a) and (b), the words "Article 259bis, § 4" are replaced by the words "Article 259bis-9, § 1^er "
CHAPTER VI. - Amendment of the Act of 15 June 1899
including Part II of the Code of Military Criminal Procedure
Art. 91. Section 77 of the Act of 15 June 1899 including Title II of the Code of Military Criminal Procedure, as amended by the Act of 20 December 1968, are amended as follows:
1st paragraph 1^er is supplemented as follows: "The substitutes are appointed and may be revoked by the King under conditions, terms and procedures identical to those provided for by the King's Prosecutor. »;
2° paragraph 2 is replaced by the following provision: "The military auditor is designated by the King under conditions, terms and procedures identical to those provided for by the King's Prosecutor. »;
3° Paragraph 3 is replaced by the following provision: "The military auditor may be assisted by one or more first substitutes in the direction of the auditory. The latter shall be designated by the King under conditions, terms and procedures identical to those provided for in the first deputy of the Crown Prosecutor. »
Art. 92. Sections 77bis and 77ter of the Act, inserted by the Act of 2 July 1969, are repealed.
Art. 93. Section 103 of the Act is replaced by the following provision:
"Art. 103. The President of the Military Court is appointed by the King. Article 259quater, § 3, paragraph 1^er, the Judicial Code is not applicable.
In order to be appointed President of the Military Court, the candidate must meet the requirements of Article 207, § 1^erThe Judicial Code.
He receives in the army the honors prescribed for General Officers.
In the event of an incapacity, it shall be replaced by a magistrate meeting the requirements of paragraph 2 of this article and designated by the Minister of Justice. »
Art. 94. In section 120 of the Act, paragraphs 1^er and 2 are replaced by the following paragraph:
"The Auditor General shall be appointed by the King under conditions, terms and procedures identical to those provided for by the Attorney General near the Court of Appeal. "
Art. 95. Section 126 of the Act, replaced by the Act of 2 July 1969, is replaced by the following provision:
"The Auditor General is assisted by a First General Counsel, General Counsel and Deputy Auditor General who perform their duties under his direction and supervision.
The terms of office of First Attorney General and General Counsel are designated and renewed by the King under conditions, terms and procedures identical to those provided for the terms of office of First Attorney General and General Counsel at the Court of Appeal.
The deputys of the Auditor General are appointed by the King under conditions, terms and procedures identical to those provided for deputys of the Attorney General near the Court of Appeal. »
Art. 96. Section 126ter of the Act, inserted by the Act of 2 July 1969, is repealed.
Art. 97. Section 127 of the Act, replaced by the Decree-Law of November 16, 1918 and amended by the Act of July 2, 1969, is replaced by the following provision:
"The general auditor who is prevented from performing his duties is replaced by a magistrate whom he designates for that purpose. If he fails to designate a substitute, he is replaced, according to the order of seniority of service, by a deputy mandate holder or, if not, by a magistrate. »
CHAPTER VII. - Transitional measures
Art. 98. By derogation from Article 211, paragraph 3, of the Judicial Code, candidates for places of adviser or alternate counsel, whose presentation was made by the Dutch language group of the Brussels-Capital Council and the Flemish Brabant Provincial Council, are presented by the Dutch nominee board, while candidates for places of adviser or alternate council, whose presentation was made by the French linguistic group of the Conseil de Bruxelles-Capon
To this end, the Royal Decree of 7 April 1995 remains applicable.
Art. 99. The elections referred to in Article 259bis-2, § 1^er, the Judicial Code is organized for the first time by the Ministry of Justice in derogation from Article 259bis-6, § 2, paragraph 1^erSame code. Applications referred to in Article 259bis-2, § 5, paragraph 2, of the same Code are addressed to the Minister of Justice.
Art. 100. In derogation from Article 259bis-3, § 1^erof the Judicial Code, at the end of the first term of the Superior Council, for each college, only six magistrates and six non-magistrates appointed by drawing of lots may apply to their re-election.
Art. 101. Sections 22 to 52 apply to holidays and mandates that become vacant after the entry into force of these sections.
Art. 102. § 1^er. From the first day of the fourth month following the first publication in the Belgian Monitor of the entry into office of the members of the Superior Council, the heads of bodies who, at the time of the entry into force of article 259quater of the Judicial Code, are appointed on a final basis, and who, if any, are delegated in accordance with articles 327 and 327bis of the same Code, are deemed to be appointed to the function of courts and to be
They can:
1° be placed within one month of the publication referred to in paragraph 1, their function as head of body available. In this case, a new head of body shall be designated for the unexpired duration of the term, according to the procedure referred to in section 259quater. The new head of body belongs to the same linguistic regime by derogation from Article 43, § 4, paragraph 2, 43 bis, § 4, paragraph 2, 43ter, § 3, paragraph 3, and 43quater, paragraph 2, of the Law of 15 June 1935 concerning the use of languages in judicial matters. Extiring body leaders continue to perform their duties until the new body leader is appointed;
2° to continue to exercise their function as head of body for a period of seven years. At the end of this term, they may still apply for this function only once in accordance with Article 259quater of the same Code.
After the handover of the function of head of body referred to in 1° or at the end of the term referred to in 2°, they continue to receive personal salary and salary increases, until the day of retirement, resignation, dismissal, dismissal or, where applicable, appointment or designation to another position.
§ 2. For those who are appointed to these duties at the time of the entry into force of section 259quinquies of the same Code, the nine-year period shall take place from the time that they have taken these duties, and shall be deemed to be appointed a judge in the courts and tribunals where they hold office.
§ 3. From the first publication to the Belgian Monitor of the appointment of the members of the Superior Council, the judges of the youth court who, at the time of the entry into force of article 259sexies of the same Code, are appointed on a final basis, are deemed to be appointed to these duties and to be appointed as a judge in the courts where they hold office.
§ 4. National magistrates remain in office until the appointment of federal magistrates.
National magistrates who are not designated federal magistrates shall reintegrate the function to which they were appointed at the time of their appointment or, where appropriate, the attached mandate to which they were appointed on a final basis.
With the exception of national magistrates whose term expires between the entry into force of this Act and the designation of federal magistrates, national magistrates shall be accorded the treatment corresponding to the function of a national magistrate and the increments and benefits associated with it during the remaining period of their term or until, during that period, they are appointed or appointed to other functions.
Art. 103. In derogation from Article 259quater, § 3, 3, of the Judicial Code and for the five years following the entry into force of the said Article, candidates for the term of office of head of body shall, at the time of their designation, be at least three years less than the age limit provided for in Article 383, § 1^er the same code.
Art. 104. Magistrates who, prior to the coming into force of this Act, were authorized to bring the title of General Counsel to the Court of Appeal, near the Labour Court or near the Military Court, continue to carry it in their personal capacity, but do not receive the corresponding salary and salary increases, until the appointment or appointment to other duties or to that position, their resignation, their retirement, their resignation, their dismissal or their death or designation.
Art. 105. Magistrates who have served for more than one year are assessed for the first time within six months of the entry into force of articles 259units and 259decies of the Judicial Code. These articles immediately apply to magistrates who have not yet exercised their functions for a year.
Section 259undecies of the same Code applies to deputy and specific mandates that expire more than six months after this section comes into force.
Art. 106. The specific mandate of a magistrate-coordinator ends at the time of the entry into force of Article 102. The judges-coordinators at that time reintegrate the function and, where appropriate, the deputy mandate to which or to which they were appointed or appointed prior to their appointment as a magistrate-coordinator.
Art. 107. With respect to the jurisdictional competences conferred by the first president of a court or the president of a court, either the first president or the president or the councilor or the judge designated by him to serve as counsel or as a judge.
The first president of a court or the president of a court, or the counsel or judge designated by him in accordance with a legal provision, shall continue to serve as counsel or as a judge in the cases involving such a judicial mission and before it at the time of the entry into force of the first paragraph, until the proceedings have been exhausted, as provided for in article 19, first paragraph, of the Judicial Code.
CHAPTER VIII. - Final provisions
Art. 108. In the light of the profound amendments made by this Law to the Judicial Code, the King may, with a view to facilitating its understanding and without changing its substance:
1° modify the form, including the syntax and vocabulary, the presentation, order and numbering of these provisions, group them under titles, chapters, sections and paragraphs, and, where applicable, provide them with a title;
2° adapt the drafting of these provisions to harmonize and harmonize terminology;
3° adapt the references to other articles and make them conform to the new numbering.
The King will introduce to the Legislative Chambers a bill confirming the Royal Coordinating Order.
Art. 109. This Act comes into force on the first day of the month following that during which it was published in the Belgian Monitor, except articles 2 to 4, 13 to 20, 22 to 31, 33 to 44, article 45, to the extent that it inserts articles 259bis-9, 259bis-10 and 259bis-15, 46 to 48, 50 to 55, 59 to 63, 67 to 83, 88 to 98, 101
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 December 1998.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Notes
(1) Regular session 1997-1998.
House of Representatives.
Parliamentary documents. - MM's bill. Duquesne, Dewael, Maingain, Bourgeois, Giet, Vandeurzen, Beaufays and Landuyt, 1677 - No. 1. - Opinion of the Council of State, 1677 - No. 2. - Amendments, 1677 - n^bones 3 to 7. - MM report. Vandeurzen in Barzin, 1677 - No. 8. - Text adopted by the commission, 1677 - No. 9. - Amendments, 1677 - n^bones 10 and 11. - Supplementary report, 1677 - No. 12. - Text adopted by the commission (art. 77 of the Constitution), 1677 - No. 13. - Text adopted by the commission (art. 78 of the Constitution), 1677 - No. 14. - Text adopted in plenary and transmitted to the Senate (Art. 77 of the Constitution), 1677 - No. 15.
Annales parliamentarians. - Discussion and adoption. Meetings of 24 and 26 November 1998.
Regular session 1998-1999.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, 1169 - No. 1. - Report made on behalf of the Board of Institutional Affairs by Mr. Desmedt, 1169 - No. 2. - Text corrected by the Board of Institutional Affairs, 1169 - No. 3.
Annales parliamentarians. - Discussion and adoption. Meetings of 16 and 17 December 1998.
See also
House of Representatives.
Parliamentary documents. - Text adopted in plenary and transmitted to the Senate (Art. 78 of the Constitution), 1841 - No. 1.