An Act To Amend Certain Provisions Of The Second Part Of The Code Of Judicial Procedure Concerning The Higher Council Of Justice, The Appointment And The Appointment Of Judges And Establishing A System Of Evaluation For Judges (1)

Original Language Title: Loi modifiant certaines dispositions de la deuxième partie du Code judiciaire concernant le Conseil supérieur de la Justice, la nomination et la désignation de magistrats et instaurant un système d'évaluation pour les magistrats (1)

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Posted the: 1999-02-02 Numac: 1999009006 Department of JUSTICE 22 December 1998. -Act to amend certain provisions of the second part of the Code of judicial procedure concerning the Supreme Council of Justice, the appointment and designation of judges and establishing a system of evaluation for judges (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -Amendments to the Judicial Code articles
2. in the second part, book I, of the Judicial Code is inserted an article 58bis as follows: «art.» 58A. in the present code, shall mean: 1 ° appointments: the appointment of Justice of the peace, judge of the court police, Justice of the peace for Supplement, complement to the police court judge, Deputy to a justice of the peace or a police court judge, judge and judge complement to the Court of first instance, the tribunal of work and the commercial court Deputy judge, Deputy Procurator of the King, Deputy Procurator of the King specializing in tax matters Crown of King specializes in commercial matters, Deputy Procurator of the King of complement, substitute of the auditor's work and substitute for the listener to complement work, substitute for the military prosecutor, Adviser to the Court of appeal and the Court of labour, counsel for the Court of appeal referred to in article 207bis , § 1, counsel for the Attorney general the Court of appeal, substitute general at the Court of labour, replacement of the auditor general at the military court, Counsellor at the Court of cassation and advocate general at the Court of cassation;
2nd Commander: the holder of the mandates of president of the Court of first instance, the Court of labour and the commercial court, procureur du Roi, labour auditor, auditor military, first President of the Court of appeal and the Court of labour and president of the military court, Attorney general near the Court of appeal and the Court of labour auditor general at the military court, federal Attorney general, first president of the Supreme Court and Prosecutor at the Court of cassation;
3 ° Deputy mandate: the mandates of vice-president of the Court of first instance, the tribunal of work and the tribunal of commerce, first Deputy Prosecutor of the King, first substitute for the listener to work, first substitute for the military auditor, President of Chamber at the Court of appeal and the Court of labour, first general counsel and general counsel at the Court of appeal and the Court of labour first general counsel and general counsel at the military court, Chairman and President of section at the Court of cassation and first Advocate-General at the Court of cassation;
4 ° specific mandate: the mandates of investigative judge, judge at the Court of youth, seizures j., appeal of youth, magistrate of assistance and federal magistrate. » Art. 3A article 79 of the Judicial Code, amended by the laws of the July 18, 1991, 21 January 1997 and 10 March 1997, paragraphs 2, 3 and 4 are repealed.
S. 4. article 80 of the same Code, amended by the law of 18 July 1991 and 10 March 1997, is replaced by the following provision: «art.» 80. in the case of an impediment to an investigating judge, a judge of seizures or a judge in the juvenile court, the president of the tribunal shall judge effective to replace.
In addition, if justified by the operational requirements of the service, the president of the Court may, on an exceptional basis, and after obtaining the opinion of the Prosecutor, appoint an effective judge to perform the above duties for a term of one year at most, renewable twice. To be appointed investigating judge, effective justice must have completed the training provided for in article 259sexies, § 1, 1 °, paragraph 3.
The mission ends when it has more reason to be; concerning cases for which discussions are underway or that are reserved to the judge of the Court of the youth or the judge, the mission nevertheless continues until the final judgment. » Art. 5. in article 90 of the Code, the following subparagraph is inserted before the single paragraph: "the president is responsible for the Organization of activities and the allocation of cases in accordance with the rules of the tribunal. It can designate one or more vice-presidents to assist. » Art. 6a article 100 of the same Code, as amended by the law of July 15, 1970, the following changes are made: 1 ° 1st paragraph is replaced by the following provision: "judges in courts of first instance and the close substitutes these courts may, as appropriate, be appointed simultaneously in or near various courts of first instance within the jurisdiction of the Court of appeal.";
2 ° paragraph 2 is replaced by the following provision: "paragraph 1 is also apply in the labour courts, judges and substitutes of the auditor's work, as well as in the commercial courts, judges.
» Art. 7. in article 101 of the Code, sections 3, 4 and 5, inserted by the Act of 9 July 1997, are hereby repealed.
S. 8 article 106 of the same Code, as amended by the laws of the 19 July 1985 and 1 December 1994, paragraph 4 is replaced by the following provision: "the regulations of the Court of appeal and the Court of work headquartered in Liège determine rooms which hear cases in German as well as their composition."
S. 9A article 106A, § 1, paragraph 1, of the same Code, inserted by the Act of 9 July 1997, the last sentence is replaced by the following: "after deliberation legislative chambers on the reports of the first president, referred to in article 112, paragraph 1, the duration may be extended by the King, if such extension is necessary. ''
» Art. 10. article 109, paragraph 1, of the 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 allocation of cases in accordance with the rules of court.
It can designate one or more presidents of Chambers to assist. » Art. 11. article 112 of the Code is replaced by the following provision: «art.» 112. the first president is responsible to publish an activity report. This report of activities must analyze the effect of the measures taken to eliminate the judicial backlog. This report shall be communicated to the Minister of Justice, who shall transmit it to the legislative chambers.
Otherwise, the first president chairs met rooms and the sittings. According to the operational requirements of the service, he sits in the common rooms which he presides in this case. » Art. 12A 1st paragraph of article 121 of the Code, the words "vice-presidents and the oldest judges" are replaced by the words "vice-presidents and the oldest judges in a row.
S. 13. article 129, paragraph 2, of the same Code, inserted by the law of January 3, 1980, is replaced by the following provision: «four section presidents are appointed from among advisors.»
S. 14. articles 136A and 136ter of the Code inserted by the Act of May 6, 1997, be repealed.
S.
15 article 142 of the same Code, paragraphs 2 and 3 are replaced by the following provision: "the Attorney general is assisted by a first general counsel and general counsel who shall function under the supervision and direction.".
S. 16. article 144 of the Code is replaced by the following provision: «art.» 144. the public prosecutor at the Court of appeal is assisted by a first general counsel, General Counsel and substitutes for the Attorney general who shall function under the supervision and direction. » Art. 17A article 144bis of the same Code, inserted by the law of March 4, 1997, the following changes are made: 1 ° § 2 is repealed;
2 ° paragraph 3 becomes paragraph 2.
S. 18. article 145 of the same Code, as amended by the Act of July 7, 1975, is replaced by the following provision: «art.» 145. There is a general auditor of the work at the headquarters of each court of labour. It comprises a first general counsel, one or more attorneys and one or more general surrogates who carry on, under monitoring and the direction of the Attorney general, the functions of the public prosecutor.
» Art. 19A article 151 of the same Code, as amended by the laws of the August 4, 1986, 28 December 1990 and July 17, 1997, the following changes are made: 1 ° 1st paragraph is replaced by the following provision: "the Prosecutor is assisted by one or several substitutes including one or more are specialized in commercial matters. He may be assisted by one or more substitutes specialized in tax matters and one or more substitutes supplement delegated pursuant to article 326, paragraph 1. They are placed under its supervision and direction. »;
2 ° paragraph 3 is repealed;
3 ° the last paragraph is repealed.
S.
20 article 153 of the Code, as amended by the Act of 28 December 1990, the last paragraph is repealed.
S.
21 A 1 paragraph of article 156bis of the Code inserted by the Act of July 17, 1984 and amended by the Act of 10 February 1998, the words "in accordance with section 383, § 1" are inserted after the words "because of their age.
S. 22. in the second part, book Ier, title VI, of the same Code, it is inserted as the first chapter an article 186bis as follows: «art.» 186bis. for the purposes of this title:-the president of the tribunal

of first instance acts as the head of the judges of peace and the police of his judicial district court judges;
-for the calculation of the time limits, the provisions of article 50, paragraph 1, 52, paragraph 1, 53 and 54 shall apply. » Art.
23A article 187 of the Code, amended by the law of 18 July 1991 and may 6, 1997, the following changes are made: 1 ° to the § 1, 'article 259a' shall be replaced by the words «article 259a-9, § 1 "and"section 259quater"shall be replaced by the words 'article 259octies."
2 ° to § 2, paragraph 1, 1 ° is supplemented as follows: 'or have carried out legal duties for 12 years including at least three years in a judicial function.';
3 ° to § 2, paragraph 1, 3 ° is repealed;
4 ° to § 2, paragraph 3, the words 'referred to in 1 °, 2 ° and 3 ° of this paragraph"are replaced by the words 'referred to in 1 ° and 2 ° of this paragraph.
S. 24. article 189 of the Code, amended by the law of 18 July 1991 and 6 May 1997, is replaced by the following provision: «art.» 189 § 1. In order to be appointed president of the Court of first instance, the Court of labour or the commercial court, the applicant must: 1 °, with legal duties for at least 15 years, including the last five as a magistrate of the seat or the Crown;
2 ° either, completing the judicial stage provided for by article 259octies and the duties of magistrate of the seat or the Crown for at least seven years.
§ 2. In order to be appointed vice-president of the Court of first instance, to the labour tribunal or the tribunal de commerce, the candidate must exercise for at least three years as a judge in the same court. » Art. 25. article 190 of the Code, as amended by the Act of 18 July 1991, is repealed.
S. 26A section 191 of the same Code, as amended by the laws of the July 18, 1991, 1 December 1994, 6 May 1997 and 10 February 1998, which becomes article 190, the following changes are made: 1 ° to the § 1, 'article 259a' shall be replaced by the words "article 259a-9, § 1" and the words "article 259quater, § 2 ', are replaced by the words 'article 259octies. , § 2 »;
2 ° to § 2, 3 °, Dutch text, the words "een juridisch ambt hebben vervullen een openbare of private dienst" are replaced by the words "juridische functies hebben uitgeoefend een openbare of private dienst.
S. 27A article 191bis of the Code, inserted by the law of 1 December 1994 and February 10, 1998, which shall become article 191, the words "article 259quater, § 3" are replaced by the words "article 259octies, § 3.
S. 28. article 193 of the Code, as amended by the Act of 18 July 1991, is replaced by the following provision: «Art 193. § 1. To be appointed Prosecutor of the King or auditor of the work, the applicant must: 1 ° or exercise of legal functions for at least 15 years, including the last five as a magistrate of the seat or the Crown;
2 ° either have completed the judicial stage provided for by article 259octies and the duties of magistrate of the seat or the Crown for at least seven years.
§ 2. To be appointed first Deputy Government Procurator of the King or the listener first substitute work, the candidate must exercise, for at least three years, the functions of Deputy Prosecutor of the King or substitute for the listener to work nearly the same jurisdiction. » Art.
29A article 194 of the same Code, as amended by the laws of the July 18, 1991, December 1, 1994 and may 6, 1997, the following changes are made: 1 ° the § 1 is replaced by the following provision: «§ 1.» To be appointed Prosecutor of the King, Deputy Procurator of the King of complement, substitute of the auditor's work or replacement of the auditor of the work of complement, the candidate must be doctor or Bachelor of law and have passed the examination of professional competence provided for in article 259a-9, § 1, or completing the judicial stage provided for by article 259octies. »;
§ 2, 1 ° 2 °, Dutch text, the words "een juridisch ambt hebben vervullen een openbare of private dienst" are replaced by the words "juridische functies hebben uitgeoefend een openbare of private dienst '.
3 ° in § 4, paragraph 1, the words 'or having served in taxation legal referred to in § 2, 1 °,' shall be replaced by the words "or having exercised the legal functions referred to in § 2, 1 °, provided that it's useful functions in tax matters".
S. 30. article 196 of the same Code, amended by the acts of 16 July 1993 and 17 January 1995 shall be replaced by the following provision: «art.» 196. at the Court of first instance of Brussels, eleven licensees the mandate of vice-president are designated by language group french of the General Assembly and nine licensees by the Dutch linguistic group of the General Assembly when the president is francophone.
The Court of first instance of Brussels, twelve holders of the mandate of vice-president are designated by language group french of the General Assembly and eight licensees by the Dutch linguistic group of the General Assembly when the president is speaking.
Where the appointment of a president to the Court of first instance of Brussels causes a change in the distribution of the number of mandates attached by linguistic role, a holder of a Deputy mandate remains surplus until the first useful vacancy. ».
S. 31 article 197 of the 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.
S.
32 article 203 of the same Code, paragraph 2 is supplemented by the words ", in accordance with article 287, paragraph 1.
S. 33. article 207 of the Code, as amended by the Act of 18 July 1991, is replaced by the following provision: «art.» 207 § 1.
To be appointed first president of the Court of appeal or the Court of labour, the candidate must perform legal functions for at least 15 years, including the last seven as magistrate of the seat or the Crown.
§ § 2 2 To be appointed president of Chamber at the Court of appeal or the Court of labour, the candidate must exercise, since at least three years, Adviser to the same court.
§ 3. To be appointed Advisor to the Court of appeal or the Court of labour, the candidate must be doctor or Bachelor of law and: 1 °, with legal duties for at least 15 years, including the last five as a magistrate of the seat or the Crown;
2 ° or, have passed the examination of professional competence provided for in article 259a-9, § 1, and the practice of law for at least 15 years without interruption;
3 ° either, completing the judicial stage provided for by article 259octies and the duties of magistrate of the seat or the Crown for at least seven years. » Art. 34 article 207bis of the Code, inserted by the Act of 9 July 1997, § 3 is repealed.
S. 35. article 208 of the Code, as amended by the Act of 18 July 1991, is replaced by the following provision: «art.» 208. in order to be appointed attorney general at the Court of appeal or federal Attorney general about the federal prosecutor's office, the candidate must perform legal functions for at least 15 years, including the last seven as magistrate of the seat or the Crown. » Art. 36. article 209 of the same Code, as amended by the Act of 18 July 1991, is replaced by the following provision: «art.» 209 § 1. To be appointed first advocate general near the Court of appeal or the Court of labour, the candidate must have worked for at least three years, the task of Advocate-General respectively at the same Court of appeal or near the same labour court.
To be appointed advocate-general at the Court of appeal or the Court of labour, the candidate must have exercised.
for at least three years, respectively the functions of counsel for the Attorney general the same Court of appeal or general substitute at the same Court of labour.
§ 2. To be appointed the Prosecutor at the Court of appeal or the Court of labour general substitute, the candidate must satisfy the conditions referred to in article 207, § 3. » Art. 37. article 210 of the Code is replaced by the following provision: «art.» 210. the president and Councillors sitting only in the cases referred to in article 109a, § 1, 2 ° and 3 °, and § 2, are chosen by the first president of the Court of appeal on the advice written and motivated by the Attorney general, among the Commissioners to be appointed for three years at least and, failing that, among the Commissioners to be appointed for one year at least.
Magistrates referred to in the preceding paragraph and the judge of appeal of the youth may also sit in their row in the other rooms of the Court. ».
S. 38 are hereby repealed in the same Code: 1 ° the 210bis article, inserted by the law of July 19, 1985 and amended by the Act of 18 July 1991;
2 ° the 210ter article, inserted by the Act of 9 July 1997.
S. 39. article 211 of the same Code, as amended by laws of January 17, 1995 and July 9, 1997, is replaced by the following provision: «art.» 211. for the Court of appeal of Brussels, an equal number of presidents of Chambers is appointed by each language group of the General Assembly.
For the Court of appeal of Brussels, twenty-nine advisors

and twenty-one alternates advisors are presented by the francophone Nominating Committee and twenty-seven Councillors and twenty-one alternates Councillors are presented by the Dutch-language Nominating Committee.
Presentation to a vacant place to advise or counsel acting is done by the Nominating Committee who introduced the magistrate whose departure resulted in the vacancy of the place. » Art.
40 are repealed the code: 1 ° article 212, as amended by the law of 17 January 1995;
2 ° article 213, as amended by the laws of the December 28, 1990, July 16, 1993, 9 July 1997 and 20 July 1998;
3 ° the 213bis article, inserted by the Act of July 9, 1997;
4 ° section 214, as amended by the Act of 17 January 1995.
S. 41. article 215 of the Code is replaced by the following provision: «art.» 215. without prejudice to the provisions concerning the appointment of social advisors full and alternate, the first president, the presidents of Chambers, counsel to the Labour Court and the first advocate-general, General Counsel, and general substitutes near this Court are, as appropriate, designated or appointed by the King on the joint proposal Ministers with labour and Justice in their attributions. » Art. 42. article 254 of the Code, replaced by the law of 18 July 1991, is replaced by the following provision: «art.» 254 § 1. To be appointed first president of the Court of cassation, the candidate must perform legal functions for at least 15 years, including the last five as a counsellor at the Court of cassation.
§ 2. In order to be designated President at the Court of cassation, the candidate must exercise for at least 15 years of legal functions, including the last five as a counsellor at the Court of cassation.
To be appointed president of the Court of cassation section, the candidate must have served as Counsellor at the Court of cassation for at least three years.
§ 3. To be appointed Advisor to the Cour de cassation, the candidate must perform legal functions for at least 15 years, including the past 10 as magistrate of the seat or the Crown. » Art. 43. articles 255 to 257 of the Penal Code, amended by the Act of 17 January 1995, are repealed.
S.
44. article 258 of the same Code, as amended by the Act of 18 July 1991, is replaced by the following provision: «art.» 258 § 1. To be appointed attorney general at the Court of cassation, the candidate must perform legal functions for at least 15 years, including the past five years as general counsel at the Court of cassation.
§
2. To be appointed first advocate general at the Court of cassation, the candidate must perform the task of Advocate-General at the Court of cassation for at least three years.
§
3. To be appointed advocate-general at the Court of cassation, the candidate must satisfy the conditions referred to in article 254, § 3. » Art. 45. in the second part, book Ier, title VI, of the same Code, chapter Vbis, inserted by the Act of 18 July 1991 and amended by the laws of the August 6, 1993, July 11, 1994, 1 December 1994, 19 July 1996 and February 10, 1998, which contains articles 259a, 259ter and 259quater, shall be replaced by the following: "chapter (Vbis)." -Of the High Council of Justice Section Ie. -From the article composition
259a-1. § 1. The Higher Council of Justice established by article 151 of the Constitution, hereinafter referred to as "Supreme Council" is composed of forty-four members of Belgian nationality.
The Board of Governors consists of a Dutch-speaking college and a francophone college, each consisting of 22 members. Each college has eleven judges and eleven justices.
All members must enjoy civil and political rights and produce a certificate of good life and manners.
§
2. The Group of judges account by college at least: 1 ° a member of a court or the public prosecutor at a court.
2 ° a member of headquarters;
3 ° a member of the public prosecutor;
4 ° one member per jurisdiction of Court of appeal.
Judges of the Court of cassation, military courts, the magistrates of assistance and federal judges are deemed part of the jurisdiction of the Court of appeal of Brussels.
§ 3. The lay group account, by college at least four members of each sex and is composed of at least: 1 ° four lawyers with professional experience of at least ten years to the bar;
2 ° three professors of a university or a high school in the Flemish or French community with relevant professional experience for the mission of the Higher Council of at least ten years;
3 ° four members, with at least a degree of a superior school of the Flemish or French community with relevant professional experience for the mission of the Higher Council of at least ten years in the legal, economic, administrative, social or scientific field.
At least a member of the French-speaking college must justify the knowledge of German.
Section II.
-Of the designation of the members article 259a-2. § 1. Magistrates are elected by direct and secret ballot, among the magistrates of career on active service, by a Dutch-speaking electoral college and a French-speaking electoral college composed of the magistrates of the linguistic role corresponding to that of the appointment.
Voting is compulsory and secret.
Under penalty of nullity of the ballot, each voter should make three votes, at least, one for a candidate in the seat, one for a candidate of the Crown and one for one candidate of each sex.
Candidates are ordered by electoral college according to the number of votes obtained.
Judges who meet the criteria laid down in article 259a-1, § 2, in the order which is determined, are elected first according to the number of votes obtained.
As soon as he is satisfied the criteria set out in article 259a-1, § 2, the judges are elected on the basis of the number of votes obtained.
The election procedure is regulated by a royal decree deliberated in the Council of Ministers.
§
2. The justices are appointed by the Senate by a majority of two-thirds of the votes issued.
Without prejudice to the right to submit individual nominations, candidates may be submitted by each of the orders of lawyers and by each of the universities and colleges of the French community and the Flemish community. For each college, at least five members are appointed from among the nominations.
§ 3. We cannot have reached the age of 63 at the time of the nomination.
§ 4. A list of successors of the Superior Council members is established for the duration of the mandate.
The list of the successors of magistrates consists of magistrates unelected ordered according to the number of votes obtained.
The list of alternates of the justices is established by the Senate; It consists of the candidates who are not named.
§
5. No later than six months before the expiry of the mandate of the members of the Board of Governors, a call for candidates is published in the Moniteur belge.
Under penalty of forfeiture, the nominations of judges should be addressed to the Supreme Council by registered letter mailed within one month following the call for candidates.
For the justices, the nominations and the lists of the nominations referred to in § 2, paragraph 2, must, under penalty of forfeiture, be addressed to the president of the Senate by registered letter mailed within three months following the call for candidates.
In the five months following the call for candidates, the Minister of Justice publishes the list of members of the Board of Governors and their successors in the Moniteur belge. This publication is worth installing.
The outgoing members continue to serve until the expiration of their mandate and, in all cases, until the publication of the list referred to in the preceding paragraph.
Section III. -For the duration of the mandate and incompatibilities art. 259a-3. § 1. The members sit on the Board of Governors for a term of four years renewable once.
§ 2. For the duration of the mandate, the Board of Governors membership is incompatible with the exercise: 1 ° a deputy magistrate function;
(2) a public mandate by way of election;
3 ° to a public order charge policy;
4 ° a mandate of head of body.
§
3. It is terminated ipso jure to the mandate by the Board of Governors: 1 ° at the request of the member itself.
2 ° at the onset of incompatibility referred to in § 2;
3 ° in case of loss of the quality required to be able to sit on the Board of Governors;
4 ° when a member is a candidate to be appointed Magistrate to be appointed Chief of corps, auxiliary judge or federal magistrate;
5 ° when a member reaches the age of admission retired referred to in section 383, § 1, for members of courts other than the Court of cassation.
§ 4. When are serious reasons, it may be terminated the mandate of a member by the Board of Governors, which decides by a majority of two-thirds of the votes issued in each college. Decisions there is no remedy.
It cannot be terminated the mandate only after having heard the Member about the reasons. Prior to this hearing, the Board of Governors is a folder that contains all the parts in relation to the reasons.
The person is summoned at least five days prior to the hearing by a registered letter to the post that indicates at least: 1 ° the serious grounds;
2 ° the fact that it is intended to put an end to the mandate;
3 ° the place, day and time of the hearing;

4 ° the right of the person concerned, be assisted by a person of his choice;
5 ° the place where the fear folder be consulted and the period granted for that purpose;
6 ° the right to call witnesses.
The person and the person who assists, may consult the file from the day of the meeting up to and including the day before the hearing.
It is prepared minutes of the hearing.
Section IV. -Operation s. 259a-4. § 1. The Board of Governors constitutes the majority of two thirds of its members, a bureau composed of two judges and two lay. To this end, each college presents a magistrate and a non-magistrat. On proposal of each college, the Board of Governors means Moreover, according to the same majority, commissions which the members of the bureau ensure the Presidency.
On proposal of the Board of Governors, the King may increase the number of members of the bureau by a decree deliberated in the Council of Ministers according to the needs of the service and in respect for the distribution referred to in the first subparagraph.
The members of the bureau can perform their duties full time and cannot exercise any other occupation during their term of Office. The Board of Governors may grant derogations from the ban on condition that they do not prevent the person concerned to fulfil its mission.
§
2. The Presidency of the Board of Governors is insured, 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-magistrat who are members of the bureau, which belong to a college different and which have not yet been Chairman of the Board of Governors.
§ 3. The Presidency from each of the colleges is provided alternately for a period of two years by the president of the Nominating Committee and the President of the commission opinion and investigation, starting with the oldest.
§ 4. Each Member of the Board of Governors sits in one of the committees of the colleges.
Each college nominates its commissions to the majority of two thirds of its members.
§ 5. The Dutch-speaking college and its committees perform their activities in Dutch. The French-speaking college and its committees conduct their activities in french.
The General Assembly and met commissions carried out their activities in Dutch and french. In this context, members use the language of the college to which they belong.
The Supreme Council takes the necessary measures for the translation.
S.
259a-5. § 1. Without prejudice to provisions to the contrary, the decisions of the Board of Governors, colleges, commissions and the office are taken by an absolute majority of the vote, on the condition that at least half of the members are present. In the event of parity of votes, the vote of the president is dominating.
§ 2. The Member whose mandate becomes prematurely vacant is replaced by a substitute for the remainder of his term. If he is a magistrate, he was replaced by the first candidate on the list referred to in article 259a-2, § 4, paragraph 2. If it is a non-magistrat, the Senate refers to the alternate from among the candidates appearing on the list referred to in article 259a-2, § 4, paragraph 3.
In the latter case, the successor falls within the ambit of article 259a-3, § 1.
S. 259a-6. § 1. In the context of their activities, the Board of Governors, colleges and committees can consult experts.
§ 2. The Board of Governors has an own staff to support its activities and the Organization of the elections referred to in article 259a-2, § 1. The Board of Governors sets the organizational framework and the linguistic framework of staff, respecting linguistic parity by level. The Board of Governors appoints and dismisses members of his staff.
The King approves the framework referred to in the first subparagraph.
Unless otherwise determined by the Board of Governors, necessitated by the proper functioning of its services and set out in a regulation approved by royal decree, the staff is subject to legal and statutory rules applicable to the final agents of the State.
The royal decrees referred to in paragraphs 2 and 3 are deliberate in Council of Ministers.
The Board of Governors decides delegations, impediments and replacements, absences, leave and holidays of the members of the administrative staff.
§
3. The Board of Governors establishes an internal rules laying down the modalities of functioning of the Higher Council and the bureau.
§ 4. The office coordinates the activities of the Board of Governors, colleges and staff.
Section v - of the Assembly Executive Council superior s.
259a-7. § 1. The Board of Governors receives directly competent instances reports prescribed by statutory or regulatory provisions concerning the general operation of the judiciary.
§ 2. The General Assembly is responsible for: 1 ° the approval of notices, proposals, reports, guidelines, programs and other acts of colleges and commissions to the conditions and in the cases provided for in sections VI and VII;
2 ° the finding at the end of the mandate of a member of the Board of Governors for the cases foreseen in article 259a-3, § 3.
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3. The General Assembly annually prepares a report based on an analysis and an assessment of the available information concerning the general operation of the judiciary. This report is sent to the Minister of Justice, the House of representatives, the Senate and the chefs de corps of the courses and the Crown near these courses. These reports may not contain any indication concerning the identity of persons.
§ 4. The Minister of Justice or his representative can be heard at the invitation of the Board of Governors or at his own request.
Section VI. -Commissions appointment and designation art. 259a-8. § 1. Each college provides its members a Nominating Committee and designation, hereinafter referred to as "Nominating Committee", composed of 14 members, half of whom are judges and half non-justices. At least a member of the francophone Nominating Committee must justify the knowledge of German.
The Chair of each of the commissions of appointment is exercised by the Member of the Board designated for that purpose. In his absence, is chaired by the oldest Member present.
Each nominating committee may deliberate validly if at least ten members are present.
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2. Appointment commissions together form the reunited Nominating Committee.
The Presidency of the meeting appointment commission is exercised alternately for a period of two years by the presidents of the commissions of appointment, starting with the oldest. In the absence of the president, is chaired by the oldest of the members belonging to the same commission as the president.
Meeting appointment commission may validly deliberate only when at least 10 each nominating committee members are present.
S. 259a-9. § 1. Meeting appointment commission prepares programs of the examination of professional competence and the competition for admission to the judicial stage.
The examination of professional competence and the competition for admission to the judicial stage aim to assess the maturity and capacity necessary for the exercise of the function of judge and are conducted in the language of the diploma of doctor or candidate law degree.
The winners of the examination of professional competence retain the advantage of their success for seven years from the date of the minutes of the examination.
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2. Meeting appointment commission prepares guidelines and programs for training judges and judicial training.
The competent Department of the Ministry of Justice provides, in collaboration with the reunited Nominating Committee, program delivery and logistical support, according to the rules laid down by the King. To this end, the King may appoint magistrates of the seat or the Crown.
§ 3. After approval by the General Assembly, reviews programs referred to the § 1 and that the guidelines and the programmes referred to in § 2 are ratified by the Minister of Justice and published in the Moniteur belge.
S. 259a-10. § 1. Appointment committees are responsible for: 1 ° the presentation of candidates for appointment as a magistrate and a designation to auxiliary judge or federal magistrate body Chief, referred to in article 186bis, § 1, 1 °, 2 ° and 4 °;
2 ° the organisation of the examination of professional competence and the competition for admission to the judicial course under the terms and conditions laid down by royal decree.
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2. Each nominating committee may, for the exercise of the powers referred to the § 1, 2 °, and article 259a-9 decide by majority of two thirds of its members, to establish a Sub-Committee, composed of an equal number of judges and justices in its midst.
In the cases provided for in article 259a-9 none of the two committees or subcommittees appointment can emit more votes than the other.
§ 3. Each Nominating Committee establishes an annual report of its activities to the General Assembly.
Section VII. -Commissions opinion and investigative art. 259a-11. § 1. Each college shall in its midst a Committee of opinion and investigation, composed of eight members, half of whom are judges and half non-justices.
The Chair of each of the commissions opinion and investigation is exercised by the Member of the Board designated for that purpose. In his absence, is chaired by the oldest Member present.

The commission inquiry and notice may validly deliberate only when at least six members are present.
§ 2. Opinion and investigative commissions together form the commission meeting inquiry and opinion.
The Presidency of the commission convened investigative and opinion is exercised alternatively for a period of two years by the presidents of the commissions opinion and investigation, starting with the oldest. In the absence of the president, is chaired by the oldest of the members belonging to the same commission as the president.
Commission meeting inquiry and notice may validly deliberate only when at least six members of each commission are present.
S. 259a-12. § 1. Notice and reunited investigative commission prepares, either ex officio or at the request of the General Assembly, the Minister of Justice or the majority of members of the House of representatives or the Senate, opinions and proposals concerning: 1 ° the general functioning of the judiciary;
2 ° the proposals and bills which have an impact on the functioning of the judiciary;
3 ° the use of available resources.
§ 2. The commission meeting inquiry and opinion can collect all relevant information for the implementation of the tasks mentioned in the § 1, without prejudice to the provisions of article 259a-16.
Any request for information addressed to the members of the judiciary, is notified in advance to their heads of bodies and respective superiors. When the Member of the judicial order is not the quality of magistrate, the requested information may not be disclosed only after approval of the head of the relevant jurisdiction.
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3. The opinions and proposals of the commission notice and meeting survey are formulated in writing and have no binding or suspensive effect.
S. 259a-13. reunited inquiry and opinion commission prepares General profiles of Heads of bodies on the basis of the criteria established by the Board of Governors.
General profiles are published in the Moniteur belge in the month of their approval by the General Assembly.
The King may determine different categories of profiles.
S. 259a-14. § 1.
Notice and reunited investigative commission is responsible for monitoring in General and to promote the use of internal control mechanisms within the judiciary referred to in articles 140, 340, 398-400 in fine, 401-414, 651, 652, 838 and 1088 of the Judicial Code as well as articles 441 and 442 of the Code of criminal procedure.
§ 2. The competent authorities for the purposes of the provisions of law referred to the § 1, are required to prepare an annual report on the subject to the attention of the commission and notice of inquiry meeting as well as to the Minister of Justice.
In addition, the commission reunited inquiry and opinion may ask these authorities any useful information.
The Minister of Justice shall be notified simultaneously.
§ 3. The reunited inquiry and opinion commission shall establish an annual report on how internal controls are used and their functioning could be improved.
S. 259a-15. § 1. Each commission opinion and investigative receives and ensures the follow-up of complaints concerning the functioning of the judiciary.
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2. To be admissible, complaints are made in writing, must be signed and dated and must contain the full identity of the complainant.
§ 3. Opinion and investigative commissions deal with no complaints: 1 ° within the jurisdiction to order criminal or disciplinary in other forums;
2 ° on the contents of a judicial decision;
3 ° whose purpose can or could be achieved by the application of ordinary or extraordinary remedies;
4 ° when it has already been processed and contains no new elements;
5 ° manifestly unfounded.
The decision not to deal with the complaint must be motivated and is likely no remedy.
Where appropriate, the complainant returned to the competent authorities which shall inform reasoned way the commissions opinion and of the outcome of the complaint investigation.
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4. The complaints dealt with by the commissions opinion and investigation are brought to the knowledge of the Chief of corps of jurisdiction and the chefs de corps or hierarchical superiors of the persons who are the subject of the complaint.
Without prejudice to the powers of the head of body or the hierarchical leader, opinion and investigative commissions concern, at the time where they consider it useful, the complaint to the attention of the person against whom the complaint is made or for which the complaint is harmful.
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5. People who are notified of the complaint have the right to make statements oral or written with respect to opinion and investigative commissions. Opinion and investigative committees may ask more information to these persons provided they simultaneously inform their commanding officer or superior hierarchical.
§ 6. Commissions inquiry and notice in writing inform the complainant of the outcome of the complaint.
When the complaint is founded, the commissions opinion and investigation may submit to the bodies concerned and the Minister of Justice any recommendations likely to offer a solution to the issue as well as any proposal to improve the operation of the judiciary.
§ 7. Each commission opinion and investigative establishes at least once a year a written report on the follow-up of complaints received.
S. 259a-16. § 1. Excluding any criminal and disciplinary jurisdiction the commission reunited inquiry and opinion may instigate a special investigation on the functioning of the judiciary.
This survey is engaged, either ex officio, after prior approval by the majority of the members of the commission of the opinion and of reunited investigation, either at the request of the Minister of Justice, at the request of the majority of the members of the House of representatives or the Senate.
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2. The reunited inquiry and notice board orders to the commanding officer or the superior hierarchical competent to conduct the investigation and submit a written report within the time limit fixed by the commission notice and meeting investigation.
§ 3. The commission opinion and reunited investigative exceptionally leads the investigation itself after prior approval by two thirds of its members when: 1 ° the Minister of Justice requested when its request to the commission;
2 ° due to the subject of the inquiry, it is not indicated to entrust it to the commanding officer or the superior hierarchical referred to in § 2 or when they have not carried out or do not lead the investigation as it should.
The Minister of Justice is informed of this decision before the start of the investigation.
The reunited inquiry and notice board is conducting the investigation under the direction of a magistrate member and may: 1 ° down places in order to make all the useful findings, without however being able to conduct a search;
2 ° visit and make produce, without moving, for convenient reading, taking judicial cases closed, excerpts, copies or to be provide free of charge;
3 ° to hear members of the judiciary for information purposes. In this context, the heard person is authorized to make statements, which are covered by the obligation of professional secrecy.
§ 4. For each survey, opinion and reunited investigative commission prepares a report which is approved by a majority of two-thirds of its members.
S. 259a-17. § 1. The exercise of the powers referred to in articles 259a-11 at 259a-16 has also to the commission concerned the right to undertake an audit of the functioning of the judiciary powerless intervene in ongoing casework.
§ 2. When in the exercise of its tasks, the Board of Governors believes that a member of the judiciary lack duties of its load or infringes the dignity of his profession by its behavior, or refuses to collaborate to the exercise of measures of inquiry referred to in article 259a-16, § 3, the Conseil supérieur door these data to the knowledge of the competent disciplinary authorities asking them to consider is there place to initiate disciplinary proceedings and shall communicate simultaneously to the Minister of Justice.
The disciplinary authorities inform the Superior Council of justified way of suites that are reserved.
S.
259a-18. the opinions and proposals referred to in article 259a-12, § 1, and the reports referred to in articles 259a-14, § 3, 259a-15, § 7 and 259a-16, § 4, are transmitted to the General Assembly which then communicates them to the Minister of Justice, to the House of representatives, the Senate and the chefs de corps of the courses and the Crown about these courses.
Section VIII. -Provisions Commons article 259a-19. § 1. It is prohibited to members of the Board of Governors to attend the deliberations or a decision relating to materials in which they, themselves or their parents or allies up to the fourth degree inclusive, or people with whom they form a de facto household, a personal and direct interest, or in which they are involved or intervened in the exercise of their profession.
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2. When a member of the Board of Governors acquired knowledge, the exercise the duties, a crime or an offence, he must immediately inform the competent prosecutor in accordance with article 29 of the Code of criminal procedure.
§ 3. Article 458 of the penal Code is applicable to members of the Board of Governors, their successors, experts and staff of the Council

for all data of which they are aware in the exercise of their tasks within the Board of Governors.
S. 259a-20. § 1. The Board of Governors must always be informed of disciplinary proceedings against one of its members as well as reasons that justify this procedure.
If the Board of Governors believes that disciplinary action is based on the activities of the person concerned within it, its opinion is attached to the record of the proceedings.

§ 2. The provisions of § 1 shall apply to former members of the Board of Governors during the four years following the expiry of their mandate.
S.
259a-21. § 1. Judges who are members of the bureau, with the exception of the president of the Board of Governors, have annual right to an allowance of 220 000 francs. The justices who are members of the bureau with the exception of the president of the Board of Governors, enjoy treatment equal to that of an adviser to the Court of appeal with twenty-one years of useful service.
The judge president of the High Council has annually right to an allowance of 300,000 francs.
The non-magistrat who is Chairman of the Board of Governors enjoys a treatment equal to that of a president of the Chamber of Court of appeal with twenty-one years of useful service.
Article 362 is applicable to the amounts referred to in the preceding paragraphs.
§ 2. The members of the Board of Governors who are not members of the bureau were right for their activities within the Higher Council and commissions, tokens of presence, of which the amount shall not exceed, on day of delivery, 1/30th of the monthly allowance allocated to the Member non-magistrat, Chairman of the Board of Governors. Less than four hours a day activities are entitled to half of the aforementioned maximum allowance.
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3. The members of the Board of Governors are entitled to compensation for travel and stay in accordance with the provisions applicable to the staff of the departments. The 13 staff includes persons not belonging to the administration or whose rank belongs to an undetermined rank. The president is likened to a senior staff member of 17.
S. 259a-22. § 1.
The headquarters of the Supreme Council is established in the administrative arrondissement of Brussels-capital.
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2. Credits necessary for the functioning of the Board of Governors are charged to the budget appropriations.
» Art. 46. in part II, book Ier, title VI, of the same Code, chapter Vter, inserted by the law of May 6, 1997, containing articles 259quinquies, 259sexies and 259septies, shall be replaced by the following: ' chapter Vter '. -Of the procedure of appointment and designation Section Ie. -Appointments s. 259ter. § 1. Before the King does an appointment referred to in article 58bis, 1 °, the Minister of Justice asks, within a period of 45 days after the publication of the vacancy in the Moniteur belge, the reasoned written opinion: 1 ° of the commanding officer of the Court or the public prosecutor's Office near the Court where scheduled the appointment, except when it comes to appointment to the service advisor at the Court of cassation to advise or counsel for the Court of appeal or to advise the Court of labour;
2 ° of the commanding officer of the Court or the public prosecutor about the jurisdiction where the candidate performs duties as a magistrate or deputy magistrate;
3 ° a representative of the bar designated by the order of the lawyers of the judicial district where the candidate performs functions, either as a lawyer or as a magistrate. For an appointment in the legal district of Brussels, the opinion of the representative of the french order or the representative of the Netherlands order is collected, depending on whether the candidate is registered in table of french order or the Dutch order of attorneys or the judge belongs to the french or Dutch role.
The Chief of corps of a court or the public prosecutor's nearly one jurisdiction having its headquarters in Brussels, which is bilingual not legal, means a holder of a warrant Deputy of the other linguistic role that will assist him to gather information and study the parts for the formulation of the opinions about the candidates belonging to the other linguistic role.
The persons referred to in paragraphs 1 and 2 may not issue a notice on relatives or allies up to the fourth degree, or people with whom they constitute a de facto household. In this case, the notice is given by the alternate designated for this purpose.
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2. Opinions are forwarded in duplicate to the Minister of Justice by the advisory bodies within a period of thirty days from the request for an opinion referred to the § 1.
A copy is sent to the candidate concerned against accused of dated receipt or by registered mail with acknowledgement of receipt letter. The acknowledgement of receipt is sent to the Minister of Justice.
In the absence of opinion within the prescribed period, the notice is supposed to be either favourable or unfavourable; no later than eight days after the end of this period, the candidate is shall inform the Minister of Justice by registered mail with acknowledgement of receipt letter. It need not account of this opinion when positive and unanimous opinions are required for appointment.
Candidates have under penalty of forfeiture of a period of 15 days from notification of the notice to submit their comments by registered letter to the Minister of Justice. In the absence of one or more notice within the prescribed period, they have to do a period of ninety days from the date of the publication referred to the § 1.
The nomination dossier includes, as appropriate:-the application and annexes;
-the written notice referred to the § 1 and, where appropriate, the observations of the candidate;
-the reports on the judicial internship;
-a copy of the assessment package.
§ 3. For appointment to the service advisor at the Court of cassation, counsel or advise Deputy to the Court of appeal or to advise the Court of labour, the Minister of Justice communicates within a period of 100 days from the publication referred to the § 1, for each of the candidates, a record of nomination to the General Assembly of the Court where the appointment is to intervene with the request to issue a notice motivated to each candidate; This notice will be attached to their record.
The General Assembly heard the candidates which, within a period of one hundred days from the publication of the vacancy notice referred to the § 1, made the request by registered letter to the post.
For the Court of appeal and the Court of du travail de Bruxelles, notices are approved by a majority of two-thirds of the members of the General Assembly.
The General Assembly sent reasoned opinions in duplicate within a period of thirty days from the request for an opinion to the Minister of Justice and communicates to the candidate a copy against receipt of dated receipt or by registered mail with acknowledgement of receipt letter. The acknowledgement of receipt is sent to the Minister of Justice.
In the absence of opinion within a prescribed time limit for each candidate, it is not taken into account these opinions; no later than eight days after the end of this period, the concerned candidates are informed by the Minister of Justice by registered mail with acknowledgement of receipt letter.
§ 4. Within a period of one hundred days from the publication referred to the § 1, the Minister of Justice forwards to the competent Nominating Committee the nomination dossier of each candidate with the request to proceed with the presentation of a candidate.
When the General Assembly referred to in § 3, this is extended by 40 days.
With the exception of judicial trainees, all candidates must as the case meet the conditions of appointment, no later than at the end of the period referred to in paragraphs 1 and 2. Judicial trainees must meet the conditions of appointment at the time of their appointment.
The Nominating Committee heard the candidates which, within a period of one hundred days from the publication of the vacancy notice referred to the § 1, made the request by registered letter to the post. When the General Assembly referred to in § 3, this is extended by 40 days.
The presentation takes place at the majority of two-thirds of the votes issued on the basis of criteria which focus on capacity-building and the ability of the applicant.
In the case of a vacancy 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 is carried out by the Nominating Committee meeting by a majority of two-thirds of the votes issued within each nominating committee.
Reasoned presentation is the subject of a procès-verbal signed by the president and a member of the Nominating Committee.
Within a period of forty days from the request, the Nominating Committee shall transmit the list of the present candidate and candidates not nominated and the minutes of the presentation to the Minister of Justice by registered mail with acknowledgment of receipt or acknowledgement of receipt dated. A copy of the list shall be communicated to the candidates.
If no format is communicated within the prescribed period, the Minister of Justice shall inform applicants within fifteen days by registered letter at the post office and a new call for candidates is published in the Moniteur belge.
§ 5. Upon receipt of the submission, the King has a period of sixty days to take a decision and communicate it to the Nominating Committee and the candidates

by letter registered mail or against acknowledgement of receipt.
Motivated refusal, has appointed commission, from the receipt of this decision, a period of fifteen days to a new presentation in accordance with the terms provided for in § 4.
Whenever the King fails to decide within a period of sixty days, the relevant Nominating Committee and candidates have, from the sixty-fifth day, a period of fifteen days to notify a bet remains the King by registered letter to the post. When the King takes no decision within 15 days of that notification, his silence is deemed to be a refusal decision against which an appeal may be brought to the Council of State. In the absence of remains within the time limits and if there is an initial presentation, the Nominating Committee proceeded to a new presentation, in accordance with the provisions of paragraph (2); If this is not a first presentation, a new call for candidates is published.
Section II. -Of the procedure for designation to the article mandates
259quater. § 1. The body referred to in article 58bis, 2 ° heads are designated by the King for a not immediately renewable term of seven years within the same jurisdiction and the same Prosecutor's office.
§ 2. The Minister of Justice to request, within a period of 45 days after the publication of the vacancy in the Moniteur belge, written notice motivated, as appropriate: 1 ° the head of body coming out of the Court or the public prosecutor near the Court should intervene the designation;
2 ° of the commanding officer of the Court or public prosecutor close the jurisdiction where the applicant performs the duties of magistrate; When it comes to the same person referred to in paragraph 1, the opinion of the head of the immediately higher court or the public prosecutor close this jurisdiction is collected;
3 ° a representative of the bar designated by the order of lawyers of the judicial district where the candidate performs the duties of magistrate.
For the legal district of Brussels, the opinion of the representative of the french order or the representative of the Netherlands order is collected, according to whether the magistrate belongs to the french or Dutch role.
The terms of article 259ter, § 1, paragraphs 2 and 3, and § 2, paragraphs 1 to 3, shall apply by analogy.
The designation of a Chief's body folder contains:-application and annexes;
-the written opinion and, where appropriate, the observations of the candidate;
-a project of management of the candidate;
-a copy of the assessment package.
§ 3. Article 259ter, § 3, shall apply by analogy to a designation as the first president of the Court of cassation, first president of the Court of appeal, or first president of the Labour Court.
For the rest, the provisions referred to in article 259ter, §§ 4 and 5 shall apply by analogy, with the exception of the following: 1 ° the presentation also operates on the basis of the general profile referred to in article 259a-13;
2 ° in the case of appointment to the position of head of body referred to in articles 43, § 4, 43bis, § 4, paragraph first, and 49, § 2, paragraphs 1 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 Nominating Committee meeting by a majority of two thirds of the votes issued in each nominating committee;
3 ° at the time of the designation, the candidate must be at least five years of the age limit referred to in article 383, § 1.
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4. At the expiration of the mandate, the head of the same court or the same parquet body rejoined the function to which he was appointed at the time of his appointment or, if applicable, the Deputy mandate to which he had been appointed permanently and enjoys the treatment corresponding to the function of head of body, as well as increases and the benefits y for two years or until the moment where , during this period, he is appointed or designated to another function.
§ 5. The appointment to the position of head of unit a candidate outside the jurisdiction gives rise to an appointment simultaneous to this jurisdiction without any article 287 of application. Absence of a vacant place for appointment to that Court, article 100 is applied.
In the case of appointment of a judge to the position of head of body, from the Crown, or in case of appointment of a magistrate of the Crown to the function of Chief of corps headquarters § 4 is application at the expiry of the mandate.
In other cases, the outgoing commanding officer is, at his request, again appointed by the King to the function to which he had been appointed last before his appointment to the position of head of body. Where appropriate, he also rejoined the Deputy mandate to which he had been appointed permanently.
If no request to this effect is addressed to the King no later than six months before the expiration of the mandate, § 4 shall apply.
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6. The opening of a mandate of head of body gives rise to the application of article 287.
By way of derogation from the provisions of the preceding paragraph, the mandate of the first president of the Court of cassation, Attorney general at the Court of cassation, federal prosecutor, first President of the Court of appeal in Brussels, Attorney general at the Court of appeal in Brussels, first President of the Court work in Brussels, President of the Court of first instance of the tribunal of work and the tribunal of commerce in Brussels and procureur du Roi near the Court of first instance of Brussels, which opens early is completed by replacement referred to in article 319.
S. 259quinquies. § 1. Holders of Deputy mandates referred to in article 58bis, 3 °, are designated as follows: 1 ° the president and the chairpersons to the Court of cassation, the presidents of the Court of appeal and the Court of labour and the vice-presidents of the Court of first instance, the Court of labour and the commercial court are referred to internally by the competent general assemblies among two candidates who are presented so motivated by the Chief
body, provided that a sufficient number of members qualify and have applied for membership. For jurisdictions that have their headquarters in Brussels, the presentations and designations are effected by language group, based on the linguistic role of the mandate.
When the Court concerned has fewer than seven judges, the Chief of corps proceeded to the designation by order;
2 ° first attorneys near the courts, attorneys near the Court of appeal and the Court of labour and first substitutes are appointed by the King on presentation driven of two candidates by the commanding officer, if the total permits.
§ 2. Designations to the Deputy mandates shall be for a renewable period of three years after evaluation.
After having served for nine years, they, after evaluation, designated outright.
If the mandate is not renewed, the procedure in the § 1 is underway. In this case, the magistrate returned at the expiration of its mandate the last function to which or the last term Assistant to which he had been appointed or designated outright. If so, the surplus disappears when unlocks a mandate of the same rank becomes vacant.
S.
259sexies. § 1. Holders of the mandates referred to in article 58bis, 4 °, are designated as follows: 1 ° judges of instruction, judges of seizures and youth judges are appointed by the King on presentation of the competent Assembly among the candidates who were the subject of a reasoned proposal of the commanding officer.
They are appointed from among judges who have worked for at least three years in the function of the public prosecutor or judge magistrate at the Court of first instance and which have already exercised the functions specified in accordance with article 80, paragraph 2, unless the King departs from the latter by a specially reasoned decision.
Without prejudice to the foregoing, we need to exercise the function of investigating judge, have worked for at least a year the function of judge at the Court of first instance and training a specialized, organised in the framework of the training of magistrates, referred to in article 259a-9, § 2;
2 ° the youth appeal judge is appointed by the King on presentation of the competent Assembly among the candidates who were the subject of a reasoned proposal of the commanding officer. They are appointed from among the presidents of Chambers and advisors;
3 ° magistrates of assistance and the Federal judiciary are designated among the members of the public prosecutor who have served for at least five years the public Department magistrate or magistrate they are appointed by the King on presentation of the Nominating Committee convened pursuant to the provisions referred to in article 259ter, §§ 1, 2, 4 and 5.
The Minister of Justice has a period of one hundred days from the publication of the vacancy in the Moniteur belge to communicate, for each candidate, the nomination dossier at the college of public prosecutors who will be asked to give reasons for each of the candidates; This notice will be attached to their record.
The college of prosecutors general means candidates who, within a period of one hundred days from the publication of the vacancy notice referred to in the preceding paragraph, made the request by registered letter to the post.
The college of Prosecutors General forwarded the notice

motivated in duplicate to the Minister of Justice within a period of thirty days from the application and provide a copy to the candidates concerned against acknowledgment of receipt dated or by registered mail with acknowledgement of receipt letter. The acknowledgement of receipt is sent to the Minister of Justice.
In the absence of notice within the prescribed time limit for each candidate, it is not taken into account these opinions; where appropriate, the Minister of Justice shall inform the candidates concerned by registered letter in the mail with acknowledgement of receipt at the latest within eight days following the expiry of that period.
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2. The investigating judges, judges seizures and youth judges are appointed for a period of one year renewable after evaluation, the first time for a period of two years, and then each time for a period of five years.
Youth appellate judges are appointed for a period of three years which, after evaluation, may be renewed each time for a period of five years.

Magistrates of assistance and federal judges are appointed for a period of five years, which, after evaluation, may be renewed twice.
§ 3. When a specific mandate is not renewed, the procedure in the § 1 is underway.
At the expiration of their mandate, the magistrate of assistance and the federal magistrate returning the function to which they are appointed, and where appropriate, mandate Assistant to which they are appointed permanently.
S.
259septies. the exercise of a mandate of head of body is incompatible with the exercise of a Deputy mandate and the exercise of a specific mandate if the latter is exercised outside the jurisdiction.
The exercise of a Deputy mandate is compatible with the exercise of a specific mandate provided that it is exercised in the same jurisdiction. ».
S. 47. in the second part, book Ier, title VI, a new chapter Vquater drafted as follows shall be inserted after article 259septies: "chapter Vquater. -The judicial internship s. 259octies. § 1. For each judicial year, King determines, by Decree deliberated in the Council of Ministers, the number of vacant judicial intern positions in the french and Dutch linguistic roles.
The Minister of Justice appoints the winning candidates of the competition for admission to the judicial internship and designates the borough in which the internship is completed, taking into account the priority attached to its classification.
At the time of their registration, candidates who enrol in the competition for admission to the judicial internship must be doctors or licensed in law and, during the three years preceding registration and as principal professional activity for at least a year, is completing an internship at the bar, or exercising other legal functions.
The winners of the competition for admission to the judicial internship can be appointed judicial trainees at no later than three years after the close of the competition.
Between winners of two or more competition for admission to the judicial stage, priority is given to the winners of the competition which the record has been closed at the earliest date.
The applications for the competition for admission to the judicial internship shall be submitted within a period of one month after the publication of the call for candidates in the Moniteur belge.
§ 2. The internship that provides access to the function of magistrate of the seat or the Crown has a duration of three years.
It includes theoretical training consisting of a cycle of courses organized by the Minister of Justice pursuant to article 259a-9, and practical training which takes place in several successive stages:-from the 1st to the 15th month included within a Prosecutor of the Prosecutor of the King or the auditor's work and / or military auditor, this period also includes a month within an administrative unit to one or several floors;
-from 16th to 21st month included within a penal institution of the State, service, police, a notarial study or study of a bailiff; justice or within a legal Department of a public institution economic or social
-from 22nd to the 36th month included in the breast of one or several chambers of the Court of first instance, Court of labour or the tribunal of commerce, or to the Council of war, this period also includes a month within one or several grafts.
The legal intern is placed under the direction of two training supervisors responsible for his training. Beforehand, the head of the concerned public prosecutor refers to two judges of the Crown who will fill the functions of petty officer course for the first and second stage. Similarly, the president of each court designates two members of sitting judges who will fill the functions of second master of stage to the third stage.
After 12 and before the end of the 21st month of the training, the first supervisor sent promptly to the commanding officer a detailed report on the first and second stage of training. A copy of this report is transmitted by the Attorney general or the auditor general to the Minister of Justice and the commission appointment and competent designation.
Before the end of the 33rd month of training, the second supervisor sent without delay to the president of the tribunal a detailed report on the third stage of the training. A copy of this report is transmitted by the first president to the competent appointment Committee, the Attorney general or auditor general, who passes it to turn to the Minister of Justice and the commission appointment and competent designation. If necessary, the second master of stage forward, in the same way, a supplementary report on the last three months of internship.
§ 3. The course giving access to the function of the public Department magistrate has a duration of 18 months.
It includes theoretical training consisting of a cycle of courses organized by the Minister of Justice pursuant to article 259a-9, and practical training which takes place in several successive stages:-from 1 to 12 months included within a Prosecutor of the Prosecutor of the King or the listener to work and/or military auditor, this period also includes a month within an administrative unit to one or several floors;
-from 13th to 15th month included within a penitentiary of the State police or service within a legal Department of a public institution economic or social;
-from 16th to 18th month included within a Prosecutor of the Prosecutor of the King or the listener work and/or the military auditor.
The legal intern is placed under the direction of a supervisor.
Previously, the corps leader means with each floor two magistrates of the public prosecutor which fulfil the functions of supervisor. Before the end of the 15th month of the training, the supervisor was sent without delay to the commanding officer a detailed report on the first and second stage of training. A copy of this report is transmitted to the commission and competent appointment by the Attorney general or the auditor general to the Minister of Justice. If necessary, the supervisor shall send, in the same way, a supplementary report on the last three months of internship.
§ 4. Before the end of the 11th month, the student informs the first supervisor of his election following her internship, pursuant to § 2 or § 3. Petty Officer internship shall inform the Attorney general who shall communicate it to turn to the Minister of Justice.
§ 5. The student referred to in § 2 as well as the student referred to in § 3, receives a copy of the internship report.
If the information contained in one or more reports are adverse, the commanding officer shall formulate an opinion after having heard the person concerned.
The fulfilment of this formality is mentioned in the report submitted to the Minister of Justice.
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6. The Minister of Justice may, after having heard the person concerned and on the reasoned opinion of the head of body and the competent appointment commission, put an end to the internship in an anticipatory way reason of professional inability or serious grounds three months notice. The notice period shall commence at the end of the calendar month during which the notice is notified to the person concerned.
In this case, the person concerned is subject, during the period of notice, the status of temporary agents defined in articles 8, 16 and 17 of stopped of the Regent of April 30, 1947, establishing the status of temporary agents.
The internship may be suspended for legitimate reasons by the Minister of Justice, or (d) office, or at the request of the person concerned.
In case of suspension or of uninterrupted absence for more than a month, the course is extended of right of the same duration while this extension cannot exceed one year within the framework of the training course referred to in § 2 and six months within the framework of the training course referred to in § 3.
When the appointment of the trainee can take place, at the end of the 36th or 18th month according to the case, lack of vacant space for which the intern between online account for an appointment, the Minister of Justice afraid extend the duration of the internship to the Court or within a floor for one or two periods of six months.
§ 7. Judicial trainees appointed in accordance with the § 1 are called into service in this capacity after lending the scheduled oath is article 2 of the Decree of 20 July 1831 on the oath.
The student does not have the quality of magistrate.
The trainee has, for the duration of the internship to the Procuratorate of the Procurator of the King, for the duration of the internship at the Prosecutor's office of the auditor of the work or for the duration of the course to the public prosecutor of the military auditor, quality officer

Police and judicial auxiliary respectively of the Prosecutor of the King from the auditor of the work or the military auditor, but he may not exercise the functions only on commissioning by the Attorney general or by the auditor general.
After 6 months of training course, it 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 only period of the internship to the Prosecutor's office of the Prosecutor of the King or the listener work and/or the military auditor.
In the case of the training course referred to in § 2, the trainee can be assumed as a clerk, after 15 months of placement, in accordance with article 329.
In the case of the training course referred to in § 2, the judicial Intern assists the judges comprising the Chamber of the Court in which he is assigned. He attends the deliberations, but has no substitute.
These assignments are brought to the attention of the master training course referred to in § 2 or to paragraph 3, as well as heads of respective body.
The functions of judicial intern are incompatible with any other remunerated function. The Minister of Justice may, however, on the advice of the Attorney general or auditor general, allow the person to perform the duties referred to in article 294, paragraph 1.
§
8. The judicial intern enjoys an annual salary equal to that of an officer of the grade the less high level 1, belonging to the staff of ministries, paid monthly in arrears.
It benefits from the allowances and additional processing fees attributed to staff of departments.
Article 362 is application.
Treatment is linked to the index figure 138.01.
All legislation concerning social security for workers, except that relating to the annual holiday, is applicable to the legal intern. » Art. 48. in the second part, book Ier, title VI, of the same Code, there shall be inserted after article 259octies, a Protocol68 chapter, as follows: ' chapter Protocol68 '. -For the evaluation of judges Section Ie. -Provisions general article 259nonies. effective professional judges are subject to a reasoned written evaluation, either periodic evaluation when it comes to an appointment, or an assessment of the mandate when it comes to a Deputy mandate or a specific mandate.
These evaluations are carried out within thirty days after the expiry of the time limits laid down in this chapter. It can be made advance a new assessment when specific events have occurred or the special findings were made since the last assessment.
Periodic assessment can give rise to a mention "very good", "good", "sufficient", "insufficient". The evaluation of incumbents of Deputy mandates and specific mandates can give rise to a reference to "good" or "insufficient".
The evaluation focuses on the manner in which the functions are exercised, with the exception of the content of any judicial decision, and is performed on the basis of criteria covering the personality as well as intellectual, professional, and organizational capacities.
On the proposal of the Board of Governors, the King determines the evaluation criteria and weighting of these criteria taking into account the specific nature of the functions and mandates, and determines the detailed rules for the application of these provisions.
The evaluation is preceded by one or more functional discussions between the appraisee and at least one of the evaluators. The commanding officer furnishes a copy of the provisional reference to the person concerned by dated receipt or by registered mail with acknowledgement of receipt letter.
The person concerned may, under penalty of forfeiture within a period of ten days from the notification of the provisional reference, address his written remarks, accused of dated receipt or by registered letter to the post with acknowledgement of receipt, to the Chief of corps which joined the original assessment documentation and forwards a copy to the Minister of Justice. The corps leader communicates, within ten days of receipt of the remarks, a copy of the word final 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 assessment records are kept by the commanding officer. A copy of the entries is kept by the Minister of Justice for at least ten years. Assessments are confidential and can be accessed at any time by the parties concerned.
Section II. -Of the periodic assessment s. 259decies. § 1. Periodic evaluation of a magistrate takes place the first time a year after swearing in the function where it needs to be evaluated and then every three years.
§ 2. The evaluation is done by an absolute majority of the votes by the commanding officer and two judges appointed by the General Assembly or the Assembly of the body. Evaluators should at least be rated 'good '. These two judges are designated among the members of the Court or the public prosecutor's Office about that jurisdiction for a period of five years renewable. If the organic framework of the Court or the public prosecutor about this jurisdiction has less than five members, is the head of body conducting the assessment.
In jurisdictions whose headquarters is in Brussels as well as in the Crown near these courts, each language group of the General Assembly or the Assembly of body shall elect its members two judges for evaluation. These are tasked with the commanding officer judges belonging to their linguistic assessment.
If focuses on the functions of Deputy Prosecutor of the King of supplement, substitute of the auditor's work complement or supplement judge, it is assessed, as appropriate, by the head of the Court of appeal of the Court of work or the Crown near these courts in the jurisdiction where the appointment was made with two judges who are elected by the General Assembly or the Assembly of body of the jurisdiction where the person concerned has exercised its functions.
§ 3. ' Deficient ' gives place to the application of article 360ter.
Section III. -Rating of the article mandates 259undecies. § 1.
The evaluation of the mandate - holders gaskets and specific mandates applicable at the end of each period for which they were granted and no later than four months before the expiration of the time limit under the arrangements referred to in article 259decies, § 2, except for the magistrate of assistance and the federal magistrate who are subject to the assessment of the college of Prosecutors General.
§
2. If the holder of a Deputy or specific mandate Gets the words 'good', its mandate is renewed.
If the resulting Word is "insufficient", the procedure followed is, as the case may be, referred to in article 259quinquies or article 259sexies.
The Deputy mandate holders who after nine years, are designated as final, are subject to periodic evaluation. » Art. 49. in the second part, book Ier, title VI, of the same Code, it is inserted after article 259undecies a Vsexies chapter, as follows: ' chapter Vsexies '. -The Court of cassation Art. referendum 259duodecies. to be appointed legal Secretary at the Court of cassation, the candidate must be twenty-five years of age and be doctor or Bachelor of law.
The candidates are classified, for appointment, during competition.
The Court determines the subject matter of the contest according to the needs of the service. It sets out the conditions of the competition and is the juries.
Each jury is composed, in accordance with the linguistic balance, two members of the court appointed by the first president of the Court of cassation, two prosecutors appointed by the Attorney general about this Court and four people outside the institution designated by the King on two lists containing four candidates each, respecting each balance linguistic and proposed respectively by the first president and the Attorney general.
The period of validity of a contest is three years.
S. 259terdecies. the referendum are appointed by the King for a three-year internship according to the classification referred to in article 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, the first president or the Attorney general, at the latest during the third quarter of the third year of internship.
The first president of the Supreme Court and the Attorney general at this Court shall designate by common agreement trainees referendum and the referendum appointed definitively which are placed under the authority of one and those that are placed under the authority of the other.
S. 259quaterdecies. the years completed as a legal Secretary at the Court of cassation come into account for the calculation of seniority in an administrative or judicial function or in a function to the Arbitration Court or the Council of State that the referendum could exercise subsequently. » Art. 50. article 286 of the Code is replaced by the following provision: «art.» 286 § 1. For appointments, functions and jobs provided by the present title, the candidate must have satisfied the conditions of knowledge of national languages Act.
§ 2. For appointments and functions provided for in articles 187 to 194, articles 207 to 209 and articles 254 and 258, candidates must have exercised the legal duties prescribed as a holder of

doctor or degree of Licentiate in law and as main occupation. » Art.
51A article 287 of the Code, replaced by the law of 18 July 1991 and amended by the laws of 1 December 1994 and 17 February 1997, the following changes are made: 1 ° 1st paragraph is replaced by the following provision: "any application for a nomination in the judiciary or designation of head of body, auxiliary judge or federal magistrate should be addressed. , under penalty of forfeiture, by registered letter to mail to the Minister of Justice within a period of one month from the publication of the vacancy in the Moniteur belge.
A royal decree may determine what pieces should be attached to the application in order to check whether is satisfied the conditions of appointment or designation. The publication of the vacancy provides, where appropriate, the period in which applicants may request to be heard pursuant to articles 259ter, 259quater and 259sexies, § 1, 3 °. »;
2 ° to paragraph 2, the words 'six months' are replaced by the words 'nine months.';
3 ° to paragraph 3, the words 'or designation' shall be inserted between the words "appointment" and "cannot";
4 ° to paragraph 4, the number "Vsexies", is inserted between the word "chapters" and the figure "VII".»
S.
52A article 288 of the same Code, as amended by the laws of the February 17, 1997, may 6, 1997, 9 July 1997 and February 10, 1998, the following changes are made: 1 ° there shall be inserted a new paragraph 1 as follows: "reception takes place during each appointment, during each appointment as commanding officer and the first designation for a term Assistant";
2 ° to the current paragraph 1, the words 'of the first advocate-general"are each time inserted between the words" the Attorney general"and" attorneys"so between the words"the Court of appeal", and" General Counsel ";
3 ° to the current paragraph 3, insert the words ", their first alternatives" between the words "of the prosecutors of the King" and the words "and of their substitutes.
S. 53. article 290 of the same Code is replaced by the following provision: «art.» 290. the taking of oath must take place within the month following the notification of the appointment or designation; otherwise, it can be considered as non-avenue.
» Art. 54 article 310 of the same Code, as amended by the law of July 15, 1970 and February 17, 1997, 'the advocates-general, in order of their appointment' shall be replaced by the words 'the Advocates-General in the order of their appointment.
S. 55A article 311 of the same Code, as amended by the law of 17 February 1997 and 9 July 1997, the following changes are made: 1 ° the words ' Advocates-General at the Court of labour, in the order of their appointment;
are replaced by the words "advocates-General at the Court of labour, in the order of their appointment;
»;
2 ° the words ' general substitutes the Court's work, in the same order;» are replaced by the words "general substitutes the Court of labour, in the order of their appointment;
S.
56. in article 312 of the Code, amended by the laws of 17 February 1997 and on 10 February 1998, the words "judges and, where appropriate, the judges add-in in the order of their appointment;" shall be replaced by the words 'judges and judges of complement, in the order of their appointment;' and the words 'the Crown of the King or the substitutes of the auditor's work '. , in the order of their appointment; "with the words"substitutes the procureur du Roi, substitutes of the auditor's work, the Crown of the King of supplement and complement labour auditor substitutes in the order of their appointment as a replacement or substitute for add-in;
».
S. 57 A article 312bis of the Code, inserted by the law of 17 February 1997, the words "Justice of the peace of complement;" shall be inserted between the words "Justice of the peace;" and "alternate justices of the peace.
S. 58 article 312ter of the same Code, inserted by the law of 17 February 1997, the following sentence is inserted between the words "appointment"; and "alternate judges": "Judges of add-in in the same order;".
S. 59. article 319 of the Code is replaced by the following provision: «art.» 319. the commanding officer who is unable to perform the duties which were specially attributed to him is replaced by the magistrate designated by him for that purpose. When the corps leader fails to appoint a replacement, it is replaced by a holder of a warrant Deputy in order of seniority of service or, Alternatively, by another magistrate in order of seniority of service. The replacement must meet the same language requirements as the commanding officer.
Replacement ends right when the limit age referred to in article 383, § 1, has been reached. » Art. 60. article 320 of the Code is replaced by the following provision: «art.» 320. unless otherwise provided, the chefs de corps of the courts or the public prosecutor near courts and courts govern the replacements for the service of the hearing in the event of incapacity or vacancy of Assistant representatives or specific agents. » Art. 61. an article 323bis, worded as follows, shall be inserted after article 323 of the Code: «art.» 323bis. in the cases provided by law, a judge can be entrusted with a mission. Insofar as it is a mission full time, it may be filled to the replacement of judges of the Court of appeal or the Court of labour by way of appointment, if necessary, designation in excess.
Responsible magistrates of a mission retain their place on the list of rank and are supposed to have exercised their function. They retain their treatment as well as increases and benefits y related insofar as it is an unpaid mission.
The head of body that accepts a mission loses its mandate of head of body but retains its treatment as well as increases and benefits y related insofar as it is an unpaid mission. At the end of its mission, it falls under the application of article 259quater, § 4. » Art. 62. article 324 of the Code is repealed.
S. 63. article 325, paragraph 1, of the same Code is repealed.
S. 64 Section 326 of the same Code, amended by Act of 28 December 1990, paragraphs 2 and 3 are replaced by the following provisions: "in addition, when needs them service so warrant, the Attorney general at a Court of appeal can load a magistrate of his Prosecutor or a judge of a Prosecutor of the Prosecutor of the King of his spring to temporarily assume the functions of the public prosecutor to another floor in the same jurisdiction."
When justified by the operational requirements of the service, the Attorney general pres an appellate court may instruct a magistrate of his auditor's general office or a magistrate of an auditor of the work within its competence to temporarily assume the functions of the public prosecutor with an another auditor's office located in the same jurisdiction.
When justified by the operational requirements of the service, the Minister of Justice may, on competent attorneys general assent, load a magistrate of a Prosecutor at a Court of appeal or a Prosecutor of the Prosecutor of the King to temporarily assume the functions of the public prosecutor with a parquet situated in another jurisdiction.
When justified by the operational requirements of the service, the Minister of Justice may, on competent attorneys general assent, load a magistrate of a general auditor's office at a Court of labour or a Prosecutor's job temporarily assuming the duties of the Crown with a general auditor or an auditor's office located in another jurisdiction. » Art. 65 section 327 of the same Code, replaced by the law of 25 July 1974 and amended by the law of 17 July 1978 and 1 December 1994, paragraph 6 is replaced by the following: 'In the case of application of the preceding paragraphs to a head of body, article 323bis, paragraph 3, shall apply.'
S. 66. in article 327bis of the Code inserted by the Act of 6 August 1993, paragraphs 3 and 4 are replaced by the following: 'article 327, paragraphs 5 and 6 shall apply to these judges.
To the extent where it is a mission full time, it can be provided for the replacement of a judge at the Court of appeal or the Court of labour by way of appointment and, where appropriate, by way of designation in excess. » Art. 67. article 340 of the Penal Code is replaced by the following provision: «art.» 340 § 1. In each and every court is established a General Assembly.
§ 2. The General Assembly is convened: 1 ° either to deliberate on items of common interest to all rooms to deal with matters relating to public order which are within the jurisdiction of the Court or the tribunal;
2 ° for the drafting of a report and the elaboration of proposals on the functioning of the Court before October 15 of each year. This report is then passed to the Higher Council of Justice by the head body and the Minister of Justice by the Attorney general at the Court of appeal and the Court of cassation;
3 ° for the election of responsible magistrates of assessment and their substitutes;
(4) for the designation to the Deputy mandates;
(5) for submissions to the appointment to the specific mandates.
§ 3. The General Assembly of the courts of appeal and the course of the work is also called: 1 ° for notices referred to in articles 259ter, § 3, and 259quater, § 2, 2 °;
2 ° when the first President deems appropriate to convene the

Court, after a member of the Court has notified him that he wished to make a denunciation on some object of public order from the jurisdiction of the Court. If the first president did not find it necessary to convene the Court, who wanted to make a denunciation can instruct his room of the object that he proposed to denounce; If, after having deliberated, the Chamber requests the convening of the General Assembly, the first president is required to grant it.
In addition, the General Assembly of the Court of appeal shall be convened to: 1 ° to hear reports of crimes and delicts made by one of its members; It can summon the Attorney general directing him to continue at the rate of these facts or to hear the account it will make prosecutions which would be started;
2 ° to examine each year, in the month of September, the pending cases and to report thereon no later than October 15;
3 ° a report on the backlog in the Court. If the report milking of the functioning of the Court of appeal, it also incorporates the findings and proposals of the first President;
4 ° to propose measures to the judicial backlog in the spring as part of a multi-year plan.
The reports referred to the 2 °, 3 ° and 4 ° are transmitted through the prosecutor general at the Supreme Council of Justice and the Minister of Justice, who shall communicate them to the Council of Ministers as well as the presidents of the Chamber of representatives and the Senate.
§ 4. The General Assembly of the Court of cassation is also called for: 1 ° preparing the notices referred to in articles 259ter, § 3, and 259quater, § 2, 2 °;
2 ° prepare and publish annually an activity report including an overview of the pending cases.
3 ° to formulate, in a four-year plan, measures that can contribute to the reduction of the backlog of the Court of cassation without prejudice to the fulfilment of the jurisprudential mission
4 ° examine each year, during the month of September, the situation with regard to pending cases and to no later than October 15, report thereon to the Minister of Justice and the presidents of the House of representatives and the Senate.
§ 5. General meetings shall be convened, as appropriate: 1 ° by the first president or president;
2 ° when requested by one quarter of the members;
3 ° on a motivated indictment of the Attorney general, the Prosecutor of the King or the auditor's work. In this case, the call is made within three days of the prosecution's case.
Each convocation of the General Assembly, the first President or the President shall inform the Minister of Justice and makes it part of the object whose General Assembly will deliberate.
It can be deliberated no purpose other than that for which the call was made.
The General Assembly cannot in any way prevent or suspend the course of the hearings. » Art. 68. article 341 of the same Code. amended by the law of 17 July 1984 and July 9, 1997, is replaced by the following provision: «art.» 341 - § 1. The General Assembly is composed: 1 ° of the members referred to in article 129, paragraph 1, with regard to the Court of cassation;

2 ° the members referred to in articles 101, paragraph 2, and 102 § 1 What is appellate courts;
3 ° of the members referred to in article 103, paragraphs 2 and 3, for what is the working classes;
4 ° of the members referred to in articles 77, paragraph 1, and 87, paragraph 1, with regard to the courts of first instance;
5 ° of members referred to in articles 82 and 87, paragraphs 1 and 3, with regard to the labour courts;
6 ° of the members referred to in articles 85 and 87, paragraphs 1 and 3, with regard to the commercial courts;
7 ° the members of General Assembly of the Court of first instance and members referred to in articles 59, 60, 64 and 69 for justices of the peace and 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 °, the alternate magistrates, judges consular, advisors and social judges are not part of the General Assembly.
§ 3. In the case provided for in article 340, § 2, 2 °, and § 3, 2 °, the Attorney general or, as appropriate, the Attorney of the King or the auditor of the work, attended the General Assembly. He may have entered its requisitions on the registers.
§ 4. When the course of disciplinary proceedings in the General Assembly, this Assembly is composed of the first eleven members of the Court by order of rank or those who replace them. ».
S. 69. article 342 of the Code is replaced by the following provision: «art.» 342. § 1. The general meeting may deliberate or vote valid whether the majority of the members are present.
§
2. Any decision is taken by an absolute majority of the members present.
The elections, presentations, designations and notices are separately and by secret ballot. If none of the candidates brings the absolute majority, was taken to a vote in a run-off between the two candidates who got the most votes.
§ 3. In the event of parity of votes, the decision rests, as appropriate, the first president, president, the magistrate who replaces them or the Chair appointed by the General Assembly.
§ 4. Judges cannot participate in the deliberation and the vote if they have a personal interest or otherwise. » Art. 70. article 342bis of the same Code, inserted by the Act of July 9, 1997, is repealed.
S. 71. article 343 of the Code is replaced by the following provision: «art.» 343. by way of derogation from article 60, § 3, paragraph 1, of the Act of 15 June 1935 concerning the use of languages in judicial matters, are not considered as barred, the Court of cassation advisers who do not know the language to be used at general meetings, at the hearings of the combined Chambers or at the plenary hearings in each of the rooms.
If it is taking place at Headquarters, simultaneous translation is organized to enable them to follow all the debates at the public hearing, and for the debates in the Council Chambers or the deliberate, a good knowledge of both national languages magistrate acts as an interpreter. » Art.
72. article 344 of the Code is replaced by the following provision: «art.» 344. the general assemblies in the courts and tribunals service is done by the Chief Registrar. The clerk provides a record of the operations. The record contains the names of members who took part in the General Assembly as well as possibly one of the magistrate of the public prosecutor who attended.
It is signed by the president and by the Registrar. » Art. 73. article 345 of the Code is replaced by the following provision: «art.» 345 annually, after the holidays, the Supreme Court and appellate courts meet in General Assembly and public.
The Attorney general at the Court of cassation or one of the attorneys that he has instructed, delivered a speech on a subject suitable to the occasion.
The Attorney general at the Court of Appeal noted the way in which justice has been rendered within the scope of the spring and indicates the abuse he would have noticed.
It may in addition, if it considers it expedient, deliver a speech on a subject suitable to the occasion. It can load one of the attorneys to give this speech.
Prosecutors send copy of their speeches to the Minister of Justice. » Art. 74. in the second part, book II, title II of the Code, 346-352 articles are placed under a new chapter VIbis: "of the body Assembly.
S. 75. article 346 of the Code is replaced by the following provision: «art.» 346 § 1. Established for each parquet nearly each and every court an Assembly of body.
§ 2. The body Assembly is convened: 1 ° either to deliberate and make decisions about topics of general interest to deal with public order cases which fall within the jurisdiction of the Court or the 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 forwarded to the Higher Council of Justice and the Attorney general at the Court of cassation or by the Court of appeal, the Minister of Justice;
3 ° for the election of judges of the assessment and their alternates.
§
3. Body meetings are convened, as appropriate: 1 ° by the Attorney general, the Prosecutor or the auditor of the work;
2 ° when a quarter of the members request.
Each convocation of the body Assembly, the Attorney general, the Prosecutor or the auditor of the work informs the Minister of Justice and makes it part of the object whose Assembly will deliberate.
§
4. It can be deliberated no purpose other than that for which the call was made. The body Assembly cannot in any way prevent or suspend the course of the hearings. » Art. 76. article 347 of the Code is replaced by the following provision: «art.» 347. the body Assembly is composed: 1 ° of the members referred to in article 142 for the Court of cassation;
2 ° 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 ° the members referred to in article 151 to the Court of first instance;
(5) of the members referred to in article 153 to the Labour Court. » Art. 77. article 348 of the Code is replaced by the following provision: «art.» 348 § 1.

The body Assembly may deliberate or vote validly only if a majority of the members are present.
§
2. Any decision is taken by an absolute majority of the members present. Elections are held separately and secret ballot; If none of the candidates brings the absolute majority, was taken to a vote in a run-off between the two candidates who got the most votes.
§ 3. In the event of parity of votes, the decision rests, as appropriate, to the Attorney general, the Prosecutor, to the auditor of the work, the magistrate who replaces them or the Chair appointed by the Assembly of body.
§
4. Judges cannot participate in the deliberation and the vote if they have a personal interest or otherwise. » Art. 78. article 349 of the same Code, as amended by the Act of 16 July 1993, is replaced by the following provision: «art.» 349. the meetings of bodies near the courts and tribunals service is made by the Chief Secretary.
The Chief Secretary set a record of operations. The record contains the names of members who took part in the Assembly of body. It is signed by the president and the Chief Secretary. » Art. 79 are repealed the code: 1 ° item 350;
2 ° article 351, amended by the Act of 16 July 1980;
3 ° article 352.
S. 80. in article 354 of the Penal Code, amended by the acts of 21 February 1983 and February 17, 1997, the following subparagraph is inserted between paragraphs 1 and 2: "The King organizes vocational training of clerks, Secretaries, staff of grafts and the Secretaries of parquet and ties in the service documentation and concordance of the texts to the Court of cassation."
S. 81. article 359 of the same Code is supplemented by the following paragraph: "the replacement referred to in article 259quater, § 6, paragraph 2, receives the difference between his treatment and treatment related to the mandate of head of body provisionally exercised during the duration of the replacement and during the next two years or until the moment where he is appointed or designated to another term or another function before the expiry of this period. ''
S.
82. an article 360ter, worded as follows, shall be inserted in the same Code: «art.» 360ter. If, during periodic appraisal, a magistrate got ' deficient ', this loss for six months, from the last three-year increase referred to in articles 360 and 360bis, without prejudice to disciplinary consequences.
If ' deficient ', the magistrate concerned is under a new evaluation after a period of six months. If it does not get at least the words 'good', the first paragraph is again application. » Art. 83. at paragraph 2 of article 364 of the same Code, the word "appointed" is replaced by the words "appointed or designated.
» Art. 84. article 378 of the Code is supplemented by the following subparagraph: "the payment is the first of the month following the appointment.
However, if the designation is the first of the month, the treatment is due from this date. He ends the first day of the month following the termination of service. » Art. 85 article 383, § 2, of the same Code, amended by the Act of July 17, 1984, the words "as referred to the § 1," shall be inserted between the words 'age' and 'can be designated.
S. 86A article 383bis of the same Code, inserted by the Act of July 17, 1984 and amended by the law of 31 January 1986, the following changes are made: 1 ° the § 1 is repealed;
2 ° to § 2, which becomes the § 1, "because of their age" shall be replaced by the words "the age referred to in article 383, § 1";
3 ° to § 3, which becomes paragraph 2, the second sign ' § ' and the words 'and 2' are deleted;
4 ° to § 4 which becomes paragraph 3, the second sign ' § ' and the words 'and 2' are deleted;
5 ° to § 5 becoming § 4, the second sign ' § ' and the words 'and 2' are deleted.
S.
87. article 390 of the same Code, as amended by the Act of 9 July 1997, is replaced by the following provision: «Art 390. The 383-389 articles shall apply to the judges.
With the exception of article 383bis, they are also applicable to the actual social advisors and alternates as well as to judges social and consular. » CHAPTER III. -Amendments to the Act of 15 June 1935 concerning the use of languages in judicial matters art. 88 A article 43bis, § 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the Act of 10 October 1967 and amended by the law of 26 June 1974 and September 23, 1985, the following changes are made: 1 ° in the first paragraph, the words "occupying the places for which the presentation is part of the provincial Council of Brabant" are deleted;
2 ° in paragraph three, the words "whose presentation belongs to the provincial Council of Brabant" are deleted.
CHAPTER IV. -Amendment of the law of 18 July 1991 amending the rules of the Judicial Code relating to the training and recruitment of judges s. 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, amended by the acts of 6 August 1993, 1 December 1994 and 9 July 1997, is replaced by the following provision: «art.» 21. the judges in office on the day of the entry into force of the provisions of this Act, and appointed judges prior to the entry into force of this Act, but that Honourable resignation has been granted due to incompatibility, are deemed accomplished the judicial stage defined in article 259octies of the Judicial Code and are deemed have passed the examination of professional competence provided for in article 259a-9 of the Code.

Alternate judges appointed before 1 October 1993 and deputy judges appointed before 1 October 1993 to which Honourable resignation has been granted due to incompatibility, are deemed have passed the examination of professional competence provided for in article 259a-9 of the same Code.
The record of alternates, appointed judges before 1 October 1993, is passed to the Nominating Committee competent for presentation if all individual notices are favourable.
If, in addition to one of the aforementioned judges, a winner of the examination of professional competence, a person who has completed the required judicial internship or a magistrate having also obtained positive individual opinions posed their candidacy for appointment, the Nominating Committee must give priority to these candidates during the presentation.
The referendum to the Arbitration Court, the members of the auditor's office to the Council of State and the members of the office of the State Council coordination are deemed have passed the examination of professional competence provided for in article 259a-9 of the Code. » Chapter V. - amendment of the Act of 9 July 1997 amending articles 259a 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 s.
90 A article 4 of the law of 9 July 1997, the following changes are made: 1 ° to the paragraph 1, the words ' article 259a, § 6» are replaced by the words «article 259a-9, § 1, third paragraph ';
2 ° to paragraph 1, a) and b), the words ' article 259a, § 4» are replaced by the words «article 259a-9, § 1.
CHAPTER VI. -Amendment of the law of June 15, 1899, including title II of the Code of military criminal procedure art. 91 A section 77 of the Act of June 15, 1899, including title II of the Code of military criminal procedure, as amended by the law of December 20, 1968, the following changes are made: 1 ° 1st paragraph is added as follows: "substitutes are appointed and may be removed by the King according to conditions, modalities and a procedure identical to those laid down for the Crown of the King.";
2 ° paragraph 2 is replaced by the following provision: "the military prosecutor is designated by the King according to conditions, modalities and a procedure identical to those laid down for the King's attorney.
»;
3 ° paragraph 3 is replaced by the following provision: "the military prosecutor can be assisted by one or several of the first substitute in the direction of the Prosecutor's office. They are appointed by the King according to conditions, modalities and a procedure identical to those laid down for the first Deputy Prosecutor of the King. » Art. 92. articles inserted by the Act of July 2, 1969, 77A and 77ter of the Act, are repealed.
S. 93. article 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, of the Judicial Code is not applicable.
In order to be appointed president of the military court, the applicant must satisfy the conditions laid down in article 207, § 1, of the Judicial Code.

It receives honors prescribed for General officers in the army.
If unable to attend, he is replaced by a magistrate which satisfies the conditions required by paragraph 2 of this article and designated by the Minister of Justice. » Art. 94 section 120 of the Act, sections 1 and 2 are replaced by the following subparagraph: "the auditor general is appointed by the King according to conditions, modalities and a procedure identical to those laid down for the Attorney general at the Court of appeal.".
S. 95. article 126 of the same Act, replaced by the Act of July 2, 1969, is replaced by the following provision: "the auditor general is assisted.

first counsel general, attorneys and substitutes of the auditor general who perform their function under his direction and supervision.
Mandates from Senior Advocate-General and advocate-general are designated and renewed by the King according to conditions, modalities and a procedure identical to those laid down for mandates from Senior Advocate-General and advocate general at the Court of appeal.
The auditor general substitutes are appointed by the King according to conditions, modalities and a procedure identical to those laid down for the Attorney general at the Court of Appeal substitutes. » Art.
96. article 126ter of the Act, inserted by the Act of July 2, 1969, is hereby repealed.
S.
97. article 127 of the Act, replaced by the Decree-Law on 16 November 1918 and amended by the Act of July 2, 1969, is replaced by the following provision: "the auditor general who is prevented from his duties is replaced by a magistrate designated by him for that purpose. If it fails to appoint a replacement, it is substituted, in order of seniority of service, a Deputy mandate holder, failing that, by a magistrate. ' CHAPTER VII. -Measures transitional art. 98. by derogation to article 211, paragraph 3, of the Judicial Code, counsel or advise places candidates alternate, whose presentation was made by the Dutch linguistic group of the Council, the provincial Council of Flemish Brabant and Brussels - capital are presented by the Dutch-speaking appointment Committee, while candidates for places to advise or counsel acting the presentation was made by the french linguistic group of the Council, Brussels - capital and the provincial Council of Walloon Brabant are presented by the francophone Nominating Committee.
To this end, the royal decree of 7 April 1995 remains applicable.
S. 99. the elections referred to in article 259a-2, § 1, of the Judicial Code are organized for the first time by the Ministry of Justice in derogation from article 259a-6, § 2, paragraph 1, of the Code. The application referred to in article 259a-2, § 5, paragraph 2, of the Code, shall be addressed to the Minister of Justice.
S. 100. by derogation from article 259a-3, § 1, of the Judicial Code, at the end of the first term of the Board of Governors for each college, only six judges and six Justices appointed by drawing of lots may be a candidate for re-election.
S. 101. articles 22 to 52 shall apply to holidays and mandates that become vacant after the entry into force of those sections.
S. 102 § 1.
From the first day of the fourth month following the first publication in the Moniteur belge of the entry based on the members of the Board of Governors, the chefs de corps who, at the time of the entry into force of article 259quater of the Judicial Code, are appointed permanently, and which, if any, are delegated in accordance with articles 327 and 327bis of the Code , are deemed be appointed to the position of head of body and be at the same time appointed to the function of judge in the courts and tribunals or the floors near these courts and tribunals where they exercise functions.
They may: 1 ° either put in the months following the publication referred to in paragraph first, their Commander at disposal function. In this case, a new commanding officer is appointed to the unexpired term of the mandate, the procedure referred to in article 259quater. The new leader's body belongs to the same plan language and, by way of derogation from article 43, § 4, paragraph 2, 43bis, § 4, paragraph 2, 43ter, § 3, paragraph 3, and 43quater, paragraph 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters. The outgoing body leaders continue to exercise their office until the appointment of the new head of body;
2 ° or continue to perform their function of Chief of corps for a period of seven years. At the end of this mandate, they can still apply only once for this function in accordance with article 259quater of the Code.
After the disposal of the head of body function referred to in 1 ° or the term of the mandate referred to in the 2nd, they continue to collect for personal processing and salary increases is associated, and this until the day of their retirement, resignation, dismissal or, where applicable, their appointment or designation to another function.
§ 2. The Deputy mandate holders who are appointed to these functions at the time of the entry into force of article 259quinquies of the Code, the nine-year period begins from the moment where they took these functions, and they are deemed be appointed judge in the courts and tribunals where they exercise functions.
§
3. From the first publication in the Moniteur belge of the entry based on the members of the Board of Governors, the juvenile court judges who, at the time of the entry into force of article 259sexies of the Code, are appointed permanently, are deemed be appointed for these functions permanently and be at the same time appointed Magistrate in the courts where they exercise functions.
§
4. The national magistrates shall remain in office until the appointment of federal judges.
The national magistrates who are not designated federal judges returning the function to which they were appointed at the time of their appointment or, where appropriate, mandate ad attached to which they had been designated permanently.
With the exception of national judges whose term of office expires between the entry into force of this Act and the appointment of federal judges, national judges enjoy the salary corresponding to the function of national as well as increases magistrate and benefits y related period remaining of their mandate or until where, during this period There are nominated or appointed to other duties.
S. 103. in derogation from article 259quater, § 3, 3 °, of the Judicial Code and during the five years following the entry into force of this section, applicants to the mandate of Chief of corps, at the time of their designation, must be minimum three years less than the age limit laid down in article 383, § 1 of the same Code.
S. 104. the magistrates who, before the entry into force of this Act, were allowed to wear the title of advocate general at the Court of appeal, the Court of labour or the military court, continue to wear it personally, without however receiving treatment and corresponding treatment, increases up to the appointment or designation to other functions or to this function their resignation, their admission to retirement, their dismissal or their death.
S. 105. the magistrates who serve for more than one year are evaluated for the first time within six months from the date of the coming into force of sections 259nonies and 259decies of the Judicial Code. These articles shall immediately apply to judges who do not yet operate for a year.
Article 259undecies of the Code applies to the Assistant and specific mandates which expire more than six months after the entry into force of this section.
S.
106. the specific mandate of magistrate-Coordinator shall expire at the time of the entry into force of article 102. Coordinators judges in office at that time, returning the function and, where appropriate, mandate Deputy to which or to which they have been appointed or designated before their appointment as a magistrate-Coordinator.
S. 107. with regard to the jurisdiction conferred by the statutory provisions to the first president of the Court or the president of a court, it belongs either at the first president or president, or to the adviser or the judge designated by him to sit so that advise or as a judge.
The first president of a court or the Chairman of a court, judge or Advisor designated by him under a provision legal and continues to serve as an adviser or as a judge in cases involving such a judicial mission and which he is seized at the time of the entry into force of paragraph 1 until the procedure , as provided for in article 19, first paragraph, of the Judicial Code.

CHAPTER VIII. -Provisions finals s. 108 in the light of the profound changes made by this Act to the Judicial Code, the King may, to facilitate understanding and without changing the bottom: 1 ° modify the shape, including the syntax and vocabulary, presentation, order and the numbering of these provisions, group them under titles, chapters, sections, and paragraphs and where appropriate, provide them with a title;
2 ° adjust the wording of these provisions in order to harmonize them and to standardize the terminology;
3 ° adapt references to other articles to conform with the new numbering.
King nearly introduce legislative chambers a draft law on the confirmation of the royal decree of coordination.
S. 109. the Act enter into force the first day of the month following that in which it has been published in the Moniteur belge, with the exception of articles 2 to 4, 13 to 20, 22 to 31, 33 to 44, article 45, in so far as it inserts articles 259a-9, 259a-10 and 259a-15, 46-48, 50-55 59-63, 67-83, 88-98, 101-108, which come into force on the date fixed by the King and no later than eighteen months after the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.

Given to Brussels, 22 December 1998.
ALBERT by the King: the Minister of Justice, T. VAN PARYS sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Notes (1) 1997-1998 regular Session.
House of representatives.
Parliamentary papers. -Proposal for a law of Mr Duquesne, Devaki, Maingain, Bourgeois, Giet, Vandeurzen, Beaufays and Landuyt, 1677 - No. 1. -The State Council notice, 1677 - No. 2. -Amendments, 1677 - Nos. 3 to 7.
-Report of Messrs. Vandeurzen Barzin, 1677 - No. 8. -Text adopted by the commission, 1677 - No. 9. -Amendments, 1677 - Nos. 10 and 11. -Supplementary report, 1677 - No. 12. -Text adopted by the commission (article 77 of the Constitution), 1677 - No. 13. -Text adopted by the Committee (art.
78 of the Constitution), 1677 - No. 14. -Text adopted in plenary plenary and transmitted to the Senate (art. 77 of the Constitution), 1677 - No. 15.
Parliamentary Annals. -Discussion and adoption. Meetings of 24 and 26 November 1998.
1998-1999 regular session.
Senate.
Parliamentary papers. -Draft transmitted by the House of representatives, 1169 - No. 1. -Report on behalf of the Committee on Institutional Affairs by M. Desmedt, 1169 - No. 2. -Text corrected by the Committee on Institutional Affairs, 1169 - No. 3.
Parliamentary Annals. -Discussion and adoption.
Meetings on 16 and 17 December 1998.
See also House of representatives.
Parliamentary papers. -Text adopted in plenary plenary and transmitted to the Senate (art. 78 of the Constitution), 1841 - No. 1.

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