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7 DECEMBER 1998. - An Act to organize an integrated, two-tiered police service (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
TITLE I. - General provisions
CHAPTER I. - Opening arrangements
Art. 2. In this Act:
1° the governor: the governor of the province or the governor of the administrative district of Brussels-Capital;
2° police services: the federal police and the local police;
3° general inspection: general inspection of the federal police and the local police.
Art. 3. Police services are organized and structured at two levels: the federal and local levels, which together provide the integrated police function. These levels are autonomous and depend on separate authorities. This Act organizes the functional links between these two levels.
In accordance with Part II of this Act, the local police provide at the local level the basic police function, which includes all administrative and judicial police missions required to manage local events and phenomena in the territory of the police zone, as well as the performance of certain federal police missions.
In accordance with Part III of this Act, the Federal Police shall provide on the entire territory, in accordance with the principles of speciality and subsidiarity, the specialized and supra-local administrative and judicial police missions, as well as support missions to local police and police authorities.
The integrated police service guarantees the authorities and citizens a minimum equivalent service throughout the territory of the Kingdom.
Art. 4. In keeping with the prerogatives of the competent authorities, the Ministers of the Interior and Justice are responsible for coordinating the policy on police and coordinating the management of the federal police and the local police. To this end, they stop annually a national security plan.
The strength lines of the national security plan are communicated to Parliament.
The national security plan ensures a comprehensive and integrated approach to security and ensures the coherence of the action of the police services. The security zonal plans take this into account.
In addition, the Ministers of the Interior and Justice shall ensure, within the framework of the powers assigned to them by this Act, that the police services be organized in such a way that effective operational collaboration and that the integrated police function is guaranteed.
Art. 5. The duties of the police are regulated by law.
CHAPTER II. - Federal Police Council
Art. 6. It is created a federal police council. It is composed as follows:
1° a president;
2° a representative of the Minister of the Interior and a representative of the Minister of Justice;
3° the Attorney General, President of the College of Attorneys General;
4° a governor;
5° the Federal Prosecutor;
6° a Crown prosecutor;
7° a judge of instruction;
8° three bourgmestres, members of the advisory council of the bourgmestres and each from a different region;
9° the Commissioner General;
10° a local police officer.
Except for its president, the Federal Police Council includes as many French-speaking members as Dutch-speaking members.
The President and members of the Federal Police Council referred to in paragraph 1^er, 4°, 6°, 7°, 8° and 10°, are designated by royal decree deliberated in the Council of Ministers, on the proposal of the Ministers of the Interior and Justice for a renewable period of four years. The head of the local police force is designated on the proposal of the Standing Committee of the local police referred to in section 91.
Art. 7. Without prejudice to the other powers conferred on it by law, the Federal Police Council provides advice to the Ministers of the Interior and Justice and is responsible for the overall assessment of the operation and organization of the federal police and local police, including on the basis of an annual report prepared by the general inspection of the federal police and the local police.
It provides a motivated opinion on the draft national security plan and regularly assesses its implementation. The advice of the Federal Police Council is communicated to Parliament, together with the plan's force lines.
The King determines, by order deliberately in the Council of Ministers on the proposal of the Ministers of the Interior and Justice, the modalities for the operation of the Federal Police Council.
CHAPTER III. - The Village Advisory Board
Art. 8. A Burger Advisory Board is established. Any local police regulatory order is submitted by the Minister of the Interior to the advice of the Advisory Board.
By a royal decree deliberated in the Council of Ministers, the King determines the composition and modalities of the appointment of its members and the functioning of the Council, including the deadlines in which the advice of the Council is rendered.
The King shall ensure the representative nature of the advisory council with regard to the types of police zone. The members of the Advisory Council and their alternates shall be appointed by the King, by order deliberately in the Council of Ministers, for a term of three years renewable.
The loss of the quality of the bourgmestre rightly implies the end of the term of membership of the advisory board.
PART II. - Local police
CHAPTER I. - General provisions
Section 1. - Police areas
Art. 9. After the opinion of the concerned mayors, who consult the communal councils for this purpose, as well as the advice of the Attorney General and the Governor were gathered on a proposal for the distribution of the Minister of the Interior, the King, by royal decree deliberated in the Council of Ministers on the proposal of the Ministers of the Interior and Justice, the territory of the provinces and that of the administrative district of Brussels-Capital in police zones. To this end, the limits of the judicial districts are respected, except for municipalities with a number of judicial districts.
A police area is composed of one or more municipalities. The multi-communal area has legal personality.
Art. 10. Each police area has a local police force. In multi-communal areas, the local police is organized in such a way to have one or more police stations in each municipality of the area.
Art. 11. In multi-communal areas, the municipal council's competence in the organization and management of the local police force is exercised by the police council, referred to in section 12.
In the same areas, the respective competences of the College of Bourgmestre and Echevins and the Bourgmestre in the organization and management of the local police force are exercised by the Police College, referred to in section 23.
Without being able, in any way, to infringe upon their powers, the police council has the right to be informed by the mayors of the manner in which they exercise the powers conferred on them by sections 42, 43 and 45, and section 133, paragraphs 2 and 3, of the new communal law.
Section 2. - Police Council and Police College
Subsection 1. - Composition of the Police Council and Police College
Art. 12. The local police in the multi-communal area is administered by a police council consisting of:
- 13 members in a multi-communal area not exceeding 15,000 inhabitants;
- 15 members for a population of 15,001 to 25,000;
- 17 members for a population of 25,001 to 50,000;
- 19 members for a population of 50,001 to 80,000;
- 21 members for a population of 80,001 to 100,000;
23 members for a population of 100,001 to 150,000;
- 25 members for a population of more than 150,000 inhabitants.
The police council is proportionally composed of communal councillors of the various municipalities that together constitute the multi-communal zone, on the basis of their respective population figures. Each municipal council has at least one representative on the police council.
In cases where the proportionality referred to in the second paragraph does not permit the representation of a communal council, an additional member shall be assigned to it in order to remedy it. Number of members determined in paragraph 1^er is in this case increased by one unit.
Each effective member has one or two alternates.
The townships of municipalities that are part of the multi-communal zone are members of the police council. They are not included in the number of members determined in accordance with paragraph 1^er.
Art. 13. For the determination and distribution of the number of members referred to in Article 12, the population figures are taken into account according to which the composition of the various communal councils was determined in the corresponding multi-communal zone.
Art. 14. In order to be elected as an effective or alternate member of the police council, the candidate must, on the day of the election, be a member of the communal council of one of the municipalities constituting the multi-communal zone.
Art. 15. The effective members of the police council may not be parents or allies until the third degree, nor be united by the bonds of marriage.
The alliance between the members of the council that occurred after the election does not end their mandate.
The order of preference between persons elected as effective members shall be settled in accordance with the order determined in Article 17. The effective member has the preference on the member who becomes a member of the board by suppleance. Between persons who simultaneously become members of the council by suppleance, the order of preference is settled in accordance with the order set out in section 17.
Art. 16. Actual member candidates and alternate candidates are presented in writing in each communal council by one or more communal advisers; the candidates agree in writing by a signed declaration on the act of presentation. The mayor, assisted by the municipal secretary, and in the presence of a communal councilor of each political group that files an act of application, receives the acts of presentation.
For the election of members of the police council, each communal councillor shall have one vote if there are less than four members to elect, three votes if there are four or five members to elect, four if there are six or seven, five if there are eight or nine, six if there are ten or eleven, and eight if there are twelve or more members to elect.
The election of the members of the police council is done by secret ballot and in one round. Each local councillor receives as many ballots as he has a vote. On each ballot he votes for an effective member
The King may, by a deliberate decree in the Council of Ministers, set out the modalities and procedure for the nomination of candidates and for the elections.
Art. 17. The candidates who obtained the largest number of votes shall be elected as effective members. In the event of a parity of voice, the preference is given in the following order:
1° to the candidate who, on election day, has a warrant in the police council. If two or more candidates are in this case, the preference is given to the one who, without interruption, exercised his or her term for the longer period of time;
2° to the candidate who previously exercised a warrant in the police council. If two or more candidates are in this case, the preference is given to the one who has exercised his or her mandate without interruption during the longest time, and in the event of an equal duration to the one who has most recently discharged his or her mandate;
3° to the candidate who, without reaching the age of sixty, is the oldest;
At least 4° of candidates who reached the age of sixty.
Whoever would be elected, but whose election would not be effective because of incompatibility, is replaced by his alternate.
The candidates proposed as alternates of an elected effective member shall be entitled to an alternate right of that member.
Art. 18. The election of members of the police council took place in public session on the third Monday following the installation of the municipal council. If this date coincides with a legal holiday, the election is postponed to the next working day.
Art. 19. When an effective member ceases to be a member of the police board before the expiry of his or her term of office and has no alternates, all common advisers who have signed the member's presentation to be replaced may present together an effective member candidate and one or more alternate candidates. In this case, these candidates are declared elected, the alternate candidates being in the order of their presentation.
If otherwise, it is provided for replacement by a secret vote where each community councillor has one vote and the candidate who has the highest number of votes is declared elected. In the event of a parity of voice, section 17 is applicable.
Art. 20. The term of office of the members of the police council is six years. The term of office shall take place on the first working day of the third month following the date of entry on the basis of the communal councils elected after a full renewal, or no later than the first day of the second month following that in which the outcome of their election became final. Members continue their mandate until the new police council is established.
The resigning member remains in office until the swearing-in of his alternate.
The alternate member or alternate member shall complete the term of office of the member to whom he or she succeeds.
Art. 21. Except for the circumstance referred to in Article 20, paragraph 1^er, the loss of the quality of communal councillor puts an end to the mandate of a member of the police council.
Art. 22. The provisions of articles 11, 12 and 12 bis of the new communal law are applicable to members of the police council.
Art. 23. The Police College is comprised of the villagers of the various municipalities constituting the multi-communal zone.
The term of office of a member of the Police College shall take place at the time of the swearing-in as a mayor.
The member of the absent or prevented police college shall be replaced in accordance with the provisions of section 14 of the new communal law.
The Police College designates one of its members as president.
For the surplus, the rank of members of the Police College is determined by the number of votes granted to each of them in accordance with section 24.
If the police college has not designated a president, this function is performed by the member in the highest rank.
Art. 24. Within the Police College, each mayor has a number of votes proportional to the minimum police endowment that his commune invests in the multi-communal zone.
Derogation from paragraph 1^er, the number of votes is granted, for the first two years following the year in which the local police was established, proportionally to the net charge for the Justice and Police function bearing the statistical code 399 of the last fixed and approved annual accounts of each commune.
The King sets out, by order deliberately in the Council of Ministers, the modalities to be followed for the granting of votes to members of the Police College.
Sub-section 2. - Meetings, deliberations and decisions of the Police Council and the Police College
Art. 25. The Police Council shall meet whenever it is required for the matters within its powers, and at least ten times a year.
The president of the Police College presides over the police council.
Each member of the Police Council, including members of the Police College, has one voice.
Art. 26. By derogation from the previous article, each group of representatives of a municipality in the police zone has, for the votes on the budgeting, the budgetary changes and the annual accounts, all the votes that are available in the police college to the town of the municipality it represents. These votes are equally distributed among the members of the group.
Art. 27. Sections 84, 86, 87, 87bis, 88, 89, 90, 91, 92, 93, 94, 95, second paragraph, 96, 97, 98, 99, 100 and 101 of the new communal law are applicable to the police council.
Art. 28. Articles 104, paragraph 1^er and 3, and 105 of the new communal law are applied in accordance with the police college.
The Police College may deliberate only if the majority of votes referred to in section 24 are represented.
The decisions of the Police College are made by a majority of the votes referred to in the preceding paragraph. In the event of a parity of voice, the police college postpones the case to a next meeting. If the majority of the votes of the Police College have declared urgently the processing of the case, or if the case had been postponed at a previous meeting after a parity of votes, the President's voice is preponderant in the event of parity of the votes.
Art. 29. In the multi-communal area, the function of secretary of the police council and the police college is exercised by a staff member of the administrative and logistical framework of the local police force or one of the municipal administrations of the area. It is designated by the Police Council and the Police College respectively. He writes and verbatim records of the council and the college.
The head of the local police force is responsible for the preparation of cases that are submitted to the police council or police college and attend the meetings of the council and college.
The written minutes are signed by the president and the secretary.
The minutes will take up all the objects discussed as well as the follow-up to all the points for which no decision has been made. Similarly, it clearly reproduces all decisions.
Correspondence from the Police Council and the Police College is signed by the President and countersigned by the Head of Body, unless a delegation is granted to this effect.
Art. 30. The revenues and expenses of the police area are carried out by a special accountant.
In the unicommunal area, the local receiver acts as a special accountant.
In the multi-communal area, the special accountant is, on the proposal of the police college, designated by the police council among the communal receivers and receivers of the public welfare centre of one of the municipalities belonging to the police zone. However, the police council may appeal to a regional receiver.
The special accountant is responsible, alone and under his responsibility, to cash the revenues of the police authority and to pay on regular terms the expenses ordered up to the maximum of the special amount of each section of the budget, special credit or provisional credit, or the amount of the allocations transferred under section 248 of the new communal law.
In the event that the special accountant refuses or delays to pay the amount of regular warrants, the payment will be continued, as with respect to direct contributions, by the Receiver of the State on the Governor's Executive, who summons the Special Accountant and hears it beforehand, if it presents itself.
Art. 31. The special accountant in the multi-communal area is required to provide, as a guarantee of its management, additional bonding in cash, securities or in the form of one or more mortgages.
The King sets the minimum and maximum amount of this supplementary bond.
At the first meeting following the appointment of the Special Accountant, the Police Board shall determine the amount of the bond it must provide, as well as the time it is given to it to do so.
The deposit is placed at the deposits and consignations; the interest it carries belongs to the special accountant.
Bailing orders have passed, free of charge, to the multi-communal area in front of the police college.
If registration fees are payable, they are reduced to the general fixed law and are borne by the special accountant.
The special accountant may replace the bonding, either by a bank guarantee or insurance that meets the terms fixed by the King, or by the solidarity bond of an association approved by the King.
This registered association shall form a cooperative society and comply with the requirements of Book I, Title IX, Section VII, of the Code of Commerce; However, it does not lose its civil character.
The registration order of the association and the approved statutes are published in the Belgian Monitor.
The association can control the credit union and accounting of the special accountant to which it has been guaranteed, with the agreement of the Police College on the contractual provisions establishing this right and its terms and conditions of exercise.
The Police College ensures that the bonding of the Special Accountant is provided and renewed in a timely manner.
The special accountant who has not provided his bail within the prescribed time limits, and who has not justified this delay by sufficient grounds, will be demitted from office and will be provided for his replacement.
All costs related to the provision of bail are borne by the special accountant.
In the event of a deficit in the multi-communal area fund, the multi-communal area has privileges on the bonding of the special accountant.
The special accountant is placed under the authority of the Police College.
Art. 32. In the event of the absence of the special accountant, its function is ensured in accordance with the replacement provisions that are applicable in its original administration.
The police council shall, under the conditions established by the King, fix the compensation of the special accountant in the multi-communal zone.
Subsection 3. - Budget and financial management
Art. 33. Title V of the new communal law is applicable to the management of the property and income of the local police, provided that, for the multi-communal zone, the words "community, communal council, college of bourgmestre and chevins, communal institutions not with the legal personality", contained in the new communal law, shall be read respectively as "multi-communal zone, police council, police college", and "explicitly designated sections of the local police".
Art. 34. Section 131 and Title VI, chapters I and II, of the new communal law, excepted sections 243 and 253 are applicable to the budgetary and financial management of the local police, provided that:
1° for the multi-communal area, the words "Community, Community Council, College of Municipalities and Echevins, Municipal Secretary, Community Receiver and Community Fund", contained in the new communal law, shall be read respectively as "Multi-communal area, Police Board Police College, President of the Police College, Head of the Local Police, Special Accountant and of the Multi-Community Area";
2° the "report referred to in Article 96" referred to in Article 240, § 1^erParagraph 3 of the new communal law should read as "the documents prescribed by the King to be attached to the budget and accounts of the police zone";
3° to Article 241, § 1^er, from the new communal law, the words "the first Monday of the month of October" must read as "in the course of the month of October";
4° to section 250 of the new communal law, the words "by the mayor or by the one who replaces it and by alderman" must read as "by the president of the police college or the one who replaces it".
Section 3. - The Zonal Security Council
Art. 35. In each police area, a Zonal Security Council is established within which a systematic dialogue is organized between the mayors, the King's Prosecutor, the local police chief of the police and the administrative director of the federal police or his delegate.
The Zonal Security Council may invite experts to attend its meetings.
The missions of the Zonal Security Council are:
1° the discussion and preparation of the zonal security plan;
2° promoting the optimal coordination of the execution of administrative and judicial police missions;
3° the evaluation of the execution of the zonal security plan.
Art. 36. The annual security zonal plan includes:
1° the priority missions and objectives determined by the mayors and the King's attorney, each with regard to his competences, which are integrated into a comprehensive approach to security as well as the way in which these missions and objectives will be achieved;
2° the capacity of the local police to carry out judicial and administrative police missions and to enable the execution of these missions to be ensured at all times, in particular local missions;
3° the contribution of the local police to the execution of federal missions referred to in Article 61;
4° the missions and objectives specific to a municipality of the area, which correspond to a budgetary intervention of that municipality exceeding the allocation agreed in accordance with Article 40, paragraph 3.
Art. 37. The zonal security plan is prepared by the zonal security council taking into account the national security plan.
The parties to the zonal security plan that have an impact on matters within the competence of the municipal council or the police council shall be subject to the agreement of the municipal council or, where appropriate, to the police council.
After approval by the mayors and the King's attorney, it is submitted for approval to the Ministers of the Interior and Justice, who must take a decision within two months of receipt of the plan. After this period, their approval is deemed to have been granted. If the Minister of the Interior and the Minister of Justice disapprove the plan, a new version is submitted to them. In this case, the approval deadline is reduced to one month.
The Community Councils are informed of the approved plan, with the exception of the parties or data that the Zonal Security Council considered to be confidential.
When it turns out that, in the course of carrying out the zonal security plan, the capacity provided, in accordance with section 36, 2°, is insufficient to carry out these missions, the Zonal Security Council shall address them.
Section 4. - Personnel and budget
Art. 38. For each police area, the King sets the minimum number of operational and administrative and logistical personnel of the local police, taking into account the specificity of the area.
Art. 39. In the unicommunal police zones, the local police force budget is approved by the municipal council, in accordance with the minimum budgetary standards decreed by the King, by decree deliberately in the Council of Ministers.
The budget of the police zone is dependent on the municipality of the area and the federal state.
Art. 40. In the multi-communal police zones, the local police force budget is approved by the police council, in accordance with the minimum budgetary standards established by the King, by decree deliberately in the Council of Ministers.
The budget of the police zone is dependent on the different municipalities of the area and the federal state.
Each communal council of the area votes the allocation to be allocated to the local police force, which is paid to the police area.
In accordance with Article 36, 4°, a municipality may increase its staffing for the benefit of the police area.
The allocation is included in the expenses of each municipal budget. The contribution to the multi-communal zone is paid at least by twelfths.
The King sets out, by order deliberately in the Council of Ministers, the detailed rules with regard to the calculation and distribution of the endowments and the manner in which they are paid.
When the multi-communal area does not have sufficient resources to cover the expenses resulting from the fulfilment of its mission, the difference is covered by the municipalities that are part of it.
Art. 41. By police area, a subsidy is provided each year to the federal budget, which is referred to as the federal grant. The grant is based on:
1° from the federal authorities in the financing of local police missions;
2° of federal, general or specific missions within the area concerned.
The King sets out, by order deliberately in the Council of Ministers, the criteria and terms for the fixing and payment of the federal grant, which is paid at least by twelfth.
A credit limited to 7.5% of State revenues from fines of criminal convictions in various matters, as well as amounts of money referred to in Article 216bis of the Code of Criminal Investigation and Article 65 of the Law on the Police of Road Traffic, is included in the general expenditure budget. This credit is used to support the operation of local police bodies. The King determines the conditions and conditions under which these grants are incorporated into federal staffing.
CHAPTER II. - Authority and direction
Art. 42. For the performance of its administrative police missions, the local police is placed under the authority of the mayor who may give him, with regard to the fulfilment of these missions in the territory of his commune, the orders, instructions and directives necessary for this purpose.
In the multi-communal police zones, when the execution of a decision of a town is not provided for in the zonal security plan and has the effect of reducing the execution of the decisions of the other towns in the area, the head of the local police informs the police college.
Art. 43. In the event of calamities, disasters, disasters, riots, hostile upheavals or serious and imminent threats to public order, and where the local police are insufficient, the mayor or the one who replaces it may require the federal police to maintain or restore public order.
The Governor and the borough Commissioner are immediately informed of the requisition by the requesting authority.
When the means of the police services are not sufficient to maintain public order, the mayor may require the armed forces.
In the event of the requisition or intervention of the federal police or the army, without prejudice to the competence of the Minister of the Interior and the Governor in civil protection, the local police remain under the authority of the township of the municipality concerned. It is under the direction of the Chief of Staff or the Administrative Coordinator of the Federal Police in accordance with sections 7/1 and 7/2 of the Police Function Act.
The forces required remain in close contact with the requesting authority and the local police chief of corps to intervene in a coordinated manner.
Art. 44. Each local police force is placed under the direction of a body chief.
He is responsible for the execution of local police policy, and in particular for the execution of the zonal security plan.
It provides direction, organization and division of tasks within the local police force and the execution of the management of this body. For this mayor, the mayor or the police college can delegate some of his skills.
In carrying out this function, it is responsible for the execution by the police force of local missions, directives relating to federal missions and requisitions, as well as the application of the standards referred to in sections 141 and 142.
For the exercise of his or her function, the head of body may seek the assistance referred to in section 104, 1°.
Art. 45. The head of body shall exercise the powers referred to in section 44 under the authority of the mayor or the police college.
With a view to the proper management of the police force, the head of the corps informs as soon as possible the mayor or the police college of all that concerns the local police force and the execution of his missions. It also informs it of the initiatives that the local police intend to take and that concern the zonal security policy.
It is obligated to report monthly to the mayor or police college on the functioning of the body and to inform it of complaints from outside and concerning the functioning of the body or the interventions of its staff.
Art. 46. In the event of absence or incapacitation of the head of the body, the mayor or the police college shall designate the head of the body to replace among the members of the police force dressed in the highest grade.
CHAPTER III. - Staff
Art. 47. The municipal council or the police council shall determine the framework of the operational and administrative and logistical personnel of the local police force, in accordance with the minimum standards established by the King.
By deliberately decreed in the Council of Ministers, the King determines how staff of the operational framework and the administrative and logistical framework of the federal police and other local police bodies can be employed in a local police force.
Art. 48. The chief of the local police is appointed to his employment by the King for a term of five years, renewable once, on a substantiated proposal from the municipal council or the police council and after a reasoned opinion from the Attorney General near the Court of Appeal and the Governor, among candidates deemed fit by a selection commission.
The mayor or the police college may, by reason of decision, present another candidate deemed fit by the selection board.
Art. 49. At the end of the first five-year term, the King extends the designation of the head of the local police force after the reasoned advice of the municipal council or the police council, the mayor or the police college, the attorney general near the court of appeal and the governor, and on the basis of a comprehensive assessment by an assessment board. The designation may not be extended when the municipal council or the police council and the mayor or police college issue, after hearing the head of body, a reasoned negative opinion.
It may be put to an end to the mandate of the head of body if it appears, on the basis of an assessment of the assessment board, after notice of the proceedings referred to in paragraph 1^er, and after the person concerned has been heard, that the latter does not give satisfaction in his or her function.
The King stops the conditions for the reassignment of the heads of bodies to whose mandate it is terminated or whose mandate is not renewed.
Art. 50. The King sets out the conditions to which candidates must be appointed as the head of the local police force and determines the procedure for designation to that effect and the procedure for evaluating the heads of local police.
The municipal council or the police council shall be the selection commission referred to in section 48 in accordance with the terms and conditions established by the King by order deliberately in the Council of Ministers. The same order further determines the modalities and missions of the commission.
Where applicable, the municipal council or the police council may decide to appeal to a selection commission established by the Minister of the Interior, in accordance with the general terms and conditions referred to in the preceding paragraph.
Art. 51. The assessment boards shall be constituted by the Minister of the Interior, in accordance with the terms set out by royal decree deliberated in the Council of Ministers. The general inspection of the federal police and the local police is part of these commissions.
The King also determines the modalities for the establishment and operation of these assessment boards and specifies the missions.
Art. 52. If the municipal council or the police council refuses, remains in default or is unable to present a candidate declared fit or to rule on the extension of the designation within six months of the receipt, noted by the correspondence, of an invitation made by the Minister of the Interior, the King designates the head of the local police on the list of candidates declared fit by the selection commission and after having taken note of the reasonsed notices 49.
Art. 53. The superior officers of the local police shall be appointed by the King, in accordance with the Royal Decree taken pursuant to section 121, paragraph 2, 1°, on a reasoned presentation of the municipal council or the police council and after a reasoned opinion of the Attorney General near the Court of Appeal and the Governor, among candidates deemed fit by a selection commission.
The mayor or the police college may, by reason of decision, present other candidates deemed fit by the selection board.
Art. 54. Local police officers who are not referred to in section 53 shall be appointed by the municipal council or the police council, after reasoned advice from the Attorney General to the Court of Appeal and the Governor, among candidates deemed fit by a selection commission.
Art. 55. The King sets out the terms and conditions for the appointment of local police officers.
The municipal council or the police council shall be the selection committee referred to in articles 52 and 53 in accordance with the terms and conditions established by the King by order deliberately in the Council of Ministers. The same order further determines the modalities and missions of the commission.
Where applicable, the municipal council or the police council may decide to appeal to a selection commission established by the Minister of the Interior, in accordance with the terms referred to in the preceding paragraph.
Art. 56. The municipal council or the police council shall appoint or recruit the other members of the local police, in accordance with the conditions and conditions established by the King.
Art. 57. The police officer who directs, within the local police force, the department primarily responsible for judicial police missions shall be appointed to this function after a reasoned opinion from the King's Prosecutor.
Art. 58. Auxiliary police officers may not carry out any administrative or judicial police duties other than those assigned to them in the area of road traffic police, as well as in the area of ensuring compliance with communal police regulations.
Within these jurisdictions, they may control the identity of each person who has committed an offence.
Art. 59. Police officers, auxiliary police officers and statutory personnel of the administrative and logistical personnel shall be sworn in by the mayor or the president of the Police College.
Art. 60. The notice of the Attorney General, the Governor or the King's Prosecutor, required in the course of an appointment or designation procedure, must be submitted within one month under penalty of being deemed favourable.
CHAPTER IV. Federal missions
Art. 61. In accordance with section 3, the local police carry out certain federal police missions.
The Minister of the Interior or the Minister of Justice determines these missions by binding directives. The execution of these directives cannot jeopardize the execution of local missions.
When the guidelines are general, they are submitted to the Burger Advisory Board for advice. When they relate to one or more specified police areas, they are the subject of prior consultation with the mayor or the police college.
The guidelines may cover the type of personnel and the personnel to be implemented, their equipment and weapons and the principles of their intervention.
The directive is executed under the leadership of the local police chief, except when it relates to a mission that is carried out jointly by the local police and the federal police. In this case, the directive refers to the police level assigned to operational management.
The Minister of Justice's directives on judicial police missions are taken after notice of the Attorney General's College.
Art. 62. The following missions may be subject to the directives referred to in section 61:
1° the missions provided for in articles 17, 18, paragraph 1^er, 19, paragraph 1^er20, paragraph 1^er, 21, paragraph 1^er23 §§ 3 and 4, 25, paragraph 3, 44 and 46 of the Police Service Act;
2° Federal missions included in a security zonal plan;
3° the police measures necessary for the execution of special administrative police missions of federal and regional public authorities;
4° lend a strong hand to public officials responsible for an inspection, control or observation, under the conditions laid down in section 44, paragraph 3, of the Police Service Act;
5° certain monitoring, control or special protection of persons and movable and immovable property;
6° the search for information necessary to the federal authorities;
7° supralocal police operations in respect of persons, vehicles or other property sought;
8° on an exceptional and temporary basis, reinforcements to certain judicial investigations, at the request of the competent judicial authorities;
9° on an exceptional and temporary basis, certain specific monitoring and control missions in the event of a serious or imminent threat to public order, including serious harm to individuals and property.
Art. 63. The Minister of the Interior or the Minister of Justice may, when his or her directive is not followed by effect, and after consultation with the relevant mayor or police college, require the local police to execute this directive.
Art. 64. In the event of calamities, disasters, disasters, riots, hostile upheavals or serious and imminent threats to public order, the Minister of the Interior may, when the local police are not sufficient, require the local police of another police zone to maintain or restore public order.
Without prejudice to the competence of the Minister of the Interior and the Governor, the local police required is placed under the authority of the township in which it intervenes.
The local police force required is under the direction of the administrative coordinator of the federal police or the local police force in accordance with sections 7/1 and 7/2 of the Police Service Act.
The required local police shall perform all requisitions up to one part of its annual capacity that may not be less than ten percent or more than twenty percent of the minimum staff capacity of the operational framework referred to in section 38. This part is determined annually in the security zonal plan. In the event of an emergency, or where national security requires, the capacity referred to in the preceding paragraph may be exceeded. In the cases fixed by the King, the capacity may exceed twenty percent.
CHAPTER V. - Specific guardianship
Section 1. - General provisions
Art. 65. The guardianship authority may collect all information and data relevant to the examination of records that are subject to its guardianship by both correspondence and on-site.
Section 2. - Local police personnel
Art. 66. The approval of decisions relating to the personnel framework, the budget and the amendments made thereto, the contribution of a municipality to the police board and its amendments and accounts, may be denied only for violation of the provisions of this Act or made under that Act.
Art. 67. The decisions of the municipal council or the police council concerning the operational organic framework and that of the administrative and logistical staff of the local police are forwarded for approval to the governor.
By organic framework, grade enumeration and the setting of the number of full-time and part-time statutory employment, by grade.
Art. 68. The Governor shall rule on the approval of the decision referred to in section 67 within 25 days of the day after the day on which he received it. This decision is transmitted to the municipal authorities or to the authorities of the multi-communal zone, no later than the last day of the aforementioned deadline.
After this period, the governor is supposed to have given his approval.
Art. 69. The municipal council or the police council may appeal to the Minister of the Interior against the decision by the governor to disapprove the decisions of the municipal council or the police council concerning the organic framework, within forty days from the day after the transmission of the order the municipal authority or the authority of the local police.
Art. 70. The Minister of the Interior shall decide on the appeal within twenty-five days of the day after his receipt. It shall forward its decision, no later than the last day of that period, to the Governor and the Municipal Council or to the Police Zonal Council. After this period, the appeal is allowed.
Section 3. - Finance
Subsection 1. - Budget and Budget Amendments
Art. 71. The decisions of the municipal council and the police council relating to the local police budget and the amendments made thereto, as well as decisions relating to the contribution of the municipality in a multi-communal area to the police council, and its amendments, are sent for approval to the Governor.
All annexes required for the finalization of the budget are attached to the budget
The King shall determine the data necessary for the establishment of the police budget, which shall be notified by the competent authorities to the guardianship authority. It also decides on the nature of the information medium, as well as the form that these data are presented.
Art. 72. § 1^er. The Governor shall decide on approval within a period of time that has been determined for guardianship on the budget of the municipalities of the area, to be reduced by five days.
In the event that the municipal council or the police council refuses to bring to the budget, in whole or in part, the revenues or expenses required by the law to the municipality or the multi-communal area for the fiscal year to which the police budget or contribution to the police council is concerned, the Governor shall make the amounts required. If it is a multi-communal area, the Governor shall, simultaneously with the registration of office, amend the amount of the contribution to the police council of each municipality in the multi-communal area concerned.
In the event that the municipal council or the police council is responsible for the budget of the police or the contribution to the police council of the revenues that, under the law, do not return, in whole or in part, during the fiscal year to which the budget, municipality or multi-communal area relates, the Governor shall, as the case may be, de-list the amount or the proper registration of the amount.
If it is a multi-communal area, the Governor shall, simultaneously with the registration of office, amend the amount of the contribution to the police council of each of the municipalities that are part of the multi-communal area concerned.
§ 2. The Governor shall transmit his or her order to the municipal authority or to the authority of the multi-communal zone, no later than the last day of the period referred to in § 1^erParagraph 1^er.
After this period, the Governor is expected to have approved the police budget.
The Governor's Order is brought to the attention of the Municipal Council or the Police Council at its next sitting.
Art. 73. The municipal council or the police council may appeal to the Minister of the Interior against the Governor's order adjusting the police budget or the contribution to the police council, or against his order disapproving, within forty days from the day after the notice of the order to the municipal authority or to the local police authority.
Art. 74. The Minister of the Interior shall decide on the appeal within forty days of the day after the day on which he was received. It shall forward its decision, no later than the last day of that period, to the Governor and the Municipal Council or to the Police Council. After this period the appeal is allowed.
The Governor's Order is brought to the attention of the Municipal Council or the Police Council at its next sitting.
Art. 75. Sections 72 to 74 also apply to amendments made to the police budget by the municipal council or the police council, as well as to amendments made by the municipal council of municipalities belonging to a multi-communal zone to the contribution to the police council.
However, the deadline is defined by the time limit that has been determined for guardianship on the changes in the budget of the municipalities in the area, to be reduced by five days.
Sub-section 2. - The financial contribution of municipalities to the multi-communal zone
Art. 76. By derogation from Article 72, § 1^erParagraph 1^erthe Governor shall decide on the decisions relating to the contribution to the police council by a municipality that is part of a multi-communal zone within twenty-five days of the day after the date of receipt of that decision.
After this period, the Governor is expected to have approved this decision.
Subsection 3. - Accounts
Art. 77. The decisions of the municipal council or the police council concerning the accounts of the local police are sent to the Minister of the Interior and to the Governor.
The King shall determine the data which, for the purposes of the finding of these accounts, shall be transmitted to the guardianship authority by the competent authorities. It also determines the nature of the information medium and the form that these data are presented.
Art. 78. The deliberations referred to in section 77 are subject to the Governor's approval, which determines their approval and determines the amounts within two hundred days of the day after the receipt of the account. The Governor shall issue his order no later than the last day of this period to the municipal authority or to the authority of the multi-communal zone, the competent receiver and the Minister of the Interior.
After this period, the Governor is expected to have given his approval to the accounts.
The Governor's order is communicated to the municipal council or to the police council at its next sitting.
Art. 79. The municipal council or the police council and the competent receiver may appeal to the Minister of the Interior against the Governor's decision on the account concerning the local police within forty days of the day after the order has been sent to the municipal authorities or to the authorities of the multi-communal zone.
A copy of the appeal is sent on the same day to the governor, the competent receiver and the municipal authority or the authority of the multi-communal zone.
Art. 80. In the event of an appeal, the account shall be established by the Minister of the Interior within one hundred days from the day after the date of receipt. In the event of an appeal pursuant to section 79 from both the municipal council or the police council and the competent receiver, appeals shall be consolidated. The Minister of the Interior shall then establish the account within one hundred days of the day after the receipt of the appeal of the municipal council or the police council.
The Minister of the Interior shall forward his decision on the appeal filed no later than the last day of the period referred to in the preceding paragraph, to the Governor, the municipal authority or the authority of the pluricommunal zone, and to the competent receiver.
Where no decision is transmitted to the communal authority or to the authority of the multi-communal zone within the period referred to above, the appeal shall be admitted; in the event of an appeal by the competent receiver alone, the appeal shall be dismissed.
Art. 81. Sections 78 to 80 are also applicable to the final account of the competent receiver.
Sub-section 4. - Control of accounting and cash
Art. 82. § 1^er. In the event of a refusal or delay in the ordering of police expenditures that the law imputes to municipalities or multi-communal areas, the Governor hears the College of Bourgmestre and Echevins or the Police College and orders, as appropriate, the immediate settlement of the expenses involved.
The College of Bourgmestre and Echevins or the Police College may, within forty days from the date of the dispatch of the order by which the Governor issues a warrant under the preceding paragraph, an appeal against the order to the Minister of the Interior.
The Minister of the Interior shall decide on the appeal within forty days of the day after the receipt of the appeal and shall forward his order no later than the last day of that period to the Governor and the municipal authority or to the authority of the multi-communal zone. When no order is made within the time limit referred to above, the recourse of the College of Bourgmestre and Echevins or the Police College is allowed.
§ 2. The competent receiver may, within forty days from the day after the date of receipt of the Governor's order, appeal to the Minister of the Interior against the order declaring a regular warrant in the event of refusal to order from the competent receiver.
The Minister of the Interior shall decide on the appeal within forty days of the day after the receipt of the appeal and notify the Minister of the appeal by the last day of the appeal to the Governor, the Receiver and the municipal authorities or the authorities of the multi-communal zone. When no order is notified within the time limit referred to above, the Governor's Order becomes enforceable.
The final ordering decision shall take place as a regular warrant that the receiver must execute on his or her own motion.
Art. 83. The Minister of the Interior and the Governor control the accounting and cash of the municipality or multi-communal area, whenever they consider it useful. Any control shall be the subject of a report which is submitted to the municipal council or to the police council.
Subsection 5. - Debt rescheduling
Art. 84. The deliberations of the municipal council or the police council on the rescheduling of the financial expenses of borrowings for the financing of the local police are forwarded for approval to the Governor.
The Governor shall decide on the approval of the decision of the municipal council or the police council within forty days of the day after the date of receipt of the decision, and shall transmit its order no later than the last day of that period to the municipal authorities or to the authorities of the multi-communal zone. After this period, the Governor is expected to have approved the rescheduling.
Section 4. - General administrative penalty for other operations of municipal institutions
Art. 85. A list containing a brief description of the communal council's deliberations on local police issues, as well as those of the police council, is sent to the Governor. The College of Bourgmestre and Echevins or the Police College certify on this occasion that the provisions on advertising referred to in the second paragraph have been complied with.
On the day of the expedition to the Governor, the list referred to in the previous paragraph is published by posting. This notice will be posted for at least ten days. The notice also mentions the agenda of the municipal council, the duration and the place where the list can be consulted by the public for at least ten days.
Art. 86. Without prejudice to the provisions of section 85, a certified true copy of the deliberations reproduced below shall be sent to the Governor:
1st the proceedings of the municipal council or the police council, as well as those of the college of the bourgmestre and the chevines or the police college, taken following a delegation of competence conferred by the municipal council or the police council, setting out the method of attribution and the conditions of the public contracts of the works, supplies and services to which the decrees and standards referred to in Chapter II of Title IV of this Act are applicable,
2° the deliberations of the municipal council or the police council, as well as those of the college of the town and the chevines or the police college concerning the expenses made necessary by urgent and unforeseen circumstances;
3° the deliberations of the municipal council or the police council concerning the recruitment, appointment and promotion of members of the local police.
Art. 87. § 1^er. The Governor shall suspend, by reasoned order and within the time limits set out in section 88, the execution of the decisions set out in sections 85 and 86 by which a communal authority or authority of a multi-communal zone violates the legal and regulatory provisions relating to the local police, the standards of equipment, organization and operation determined in sections 141 and 142 or the framework of approved personnel. A copy of the suspension order is forwarded to the Minister of the Interior without delay.
§ 2. The municipal authority or authority of the multi-communal zone may withdraw the suspended decision and inform the Governor of the decision.
It may, within a hundred days from the day after the Governor's suspensive order has been sent to the municipality or to the multi-communal zone, justify a suspended deliberation and send the Minister of the Interior this supporting deliberation, under penalty of nullity of the suspended deliberation, no later than the last day of the aforementioned period. A copy is forwarded to the Governor.
§ 3. In case of justification, the Minister of the Interior may, by reasoned order and within 40 days after the day after the receipt of the warranting deliberation, cancel the decision suspended by which the communal authority or authority of the pluricommunal zone violates the provisions cited in § 1^er.
The cancellation order is sent, no later than the last day of the forty-day period, to the municipal authorities or to the authorities of the multi-communal zone. A copy is sent to the governor. In the event that the competent minister leaves the cancellation period, the suspension will be waived ex officio.
§ 4. Without prejudice to the Governor's suspensive jurisdiction, the Minister of the Interior may, by reasoned order and within forty days, cancel the deliberation by which the communal authority or the authority of the pluricommunal zone violates the provisions cited in § 1^er. A copy of this cancellation order is notified to the Governor.
Art. 88. § 1^er. The proceedings referred to in section 85 shall no longer be subject to suspension or cancellation by the authorities referred to in section 87 if they have not taken and transmitted their decision to the municipal authority or to the authority of the multi-communal zone within 25 days from the day after the shipment of the list referred to in section 85 on which they appear.
This period is interrupted by the shipment of a recommended letter to the post by which the guardianship authority requests the file concerning a specific deliberation or collects additional information from the municipal authorities or authorities of the pluricommunal zone.
A deliberation of the municipal authorities or authorities of the multi-communal zone requested by the guardianship authority is no longer subject to suspension or cancellation after the expiry of a period of twenty-five days in which the guardianship authority must issue its order, this period taking place on the day following receipt, either from the file transmitted by registered letter or delivered against receipt, or additional information referred to in the second paragraph.
§ 2. Decisions of the communal authority or authority of the multi-communal zone whose, in accordance with the provisions of section 86, a copy must be sent to the governor without prior request from the guardianship authority, are no longer liable for suspension or cancellation after the expiry of a period of twenty-five days in which the guardianship authority must send its order to the communal authority or to the authority of the multi-communal course taking the next day,
Section 5. - Coercive tutelle
Art. 89. The Minister of the Interior or the Governor may, after the expiry of the time limit set out in a letter-based warning, charge one or more special commissioners to visit, at the personal costs of public persons, respectively, the municipality or the multi-communal area that have neglected to obey the warning, for the purpose of collecting the information or observations requested or performing the measures arising from the obligations related to the application of the present law.
The Community Receiver is responsible for the recovery of costs referred to in paragraph 1^er, on the basis of an order made to that effect by the authority having initiated the constraint procedure, which shall be the place of a warrant to be carried out by the receiver.
CHAPTER VI. - Miscellaneous provisions
Art. 90. The municipal council or the police council may decide on the collection of a retribution for administrative police missions of the local police.
The King, by order deliberately in the Council of Ministers, regulates the conditions of this perception and its modalities.
Art. 91. The King creates a permanent commission of the local police. At the request of the Minister of the Interior or other interested ministers, the College of Attorneys General, a Governor or a Bourgmestre, or an initiative, this commission examines and advises on all issues relating to the local police.
The King determines, by order deliberately in the Council of Ministers, the composition, mode of election and mode of operation of this commission.
PART III. - Federal Police
CHAPTER I. - General provision
Art. 92. The federal police prepare the national security plan and contribute, with all branches and services, to its implementation.
Without prejudice to section 4, the national security plan includes, with respect to the federal police:
1° the missions and priority objectives of the federal police, as set by the Ministers of Justice and the Interior, as well as the manner in which they are achieved;
2° the distribution of personnel and equipment between branches and services.
CHAPTER II. - General Organization
Art. 93. The federal police include:
1° the Commissioner General of all branches and services of the Federal Police;
2° the general directions that the King determines by order deliberately in the Council of Ministers, each headed by a Director General, including at least one General Directorate of the Judicial Police, a General Directorate of the Administrative Police and the General Directorates for Support and Management.
The branches are composed of central or decentralized services;
3° of the decentralized coordination and support services;
4° of deconcentrated judicial services.
Art. 94. The jurisdiction and siege of the deconcentrated services of the Federal Police are those of the judicial boroughs, with the exception justified by specific situations, In this case the King sets by decree deliberately in the Council of Ministers the jurisdiction and siege of the deconcentrated services in order to take account of these particularities.
Art. 95. Programs that include an integrated judicial and administrative approach to the treatment or management of specific phenomena are developed by the general management of the judicial police, under the authority of the two ministers, without prejudice to their respective competences.
Art. 96. Local police officers are detached for a renewable term once, in the branches and in the federal police services responsible for the support of local police, as well as in other federal police departments whose powers have a direct impact on the functioning of the local police.
Among the functions referred to in paragraph 1^er, the King shall determine, by order deliberately in the Council of Ministers, those to which members of the local police are appointed to executive functions, as well as the term of office and the terms and conditions of the establishment referred to in this article.
Members of the local police referred to in paragraph 1^er, shall be designated by the King after the advice of the Standing Committee of the Local Police and the Advisory Council of the Bourgmestres.
Members of the local police referred to in paragraph 1^er regularly maintain service reports regarding their use in the federal police with the Standing Committee of the Local Police and the Burger Advisory Board.
CHAPTER III. - Authority, direction and powers
Art. 97. For the performance of its administrative police missions, the Federal Police is placed under the authority of the Minister of the Interior who may give it the orders, instructions and directives necessary for this purpose.
Without prejudice to the specific competencies that the judicial authorities exercise directly with respect to the federal police, it is placed, for the execution of its judicial police missions, under the authority of the Minister of Justice who may give it the orders, instructions and directives necessary for this purpose. Orders and instructions for a specific criminal investigation may only be given at the request of the competent judicial authority.
For the execution of the missions that concern the police of courts and tribunals, and without prejudice to the provisions of articles 759 to 763 of the Judicial Code, articles 31 and 32 of the Code of Military Criminal Procedure and articles 181, 267, paragraph 2, 506 and 507 of the Code of Criminal Investigation, the prison police and the protection of the transfer of detainees, the federal police is placed under the authority of the Minister of Justice who may give it the orders, instructions and instructions and instructions.
Art. 98. The federal police are placed under the authority of the Minister of the Interior and the Minister of Justice, who, in accordance with the legal provisions, are jointly competent to establish the general principles of the organization, operation and general administration of the federal police to ensure, inter alia, a minimum service equivalent to the population.
They jointly set out the powers of the Commissioner-General, the administrative coordinators and the directors of the judicial services, as well as the responsibilities of the directors-general who will have competence for the internal organization of their general management and the management of their staff, operations and investments.
The signature of the Minister of the Interior and that of the Minister of Justice is required, among other things, for the organic royal decrees relating to the federal police and for the policy note relating to the federal police as part of the proposed general budget for expenditures.
Without prejudice to other legal or regulatory provisions, the daily management of the federal police is entrusted to the Minister of the Interior. When the processing of these files directly affects the general management of the judicial police, the judicial services or the management of information, it associates the Minister of Justice with the rules they set in common.
Art. 99. The federal police are under the direction of the Commissioner General. He is responsible for the execution by the federal police of the police policy defined by the Ministers of the Interior and Justice, and in particular for the execution of the national security plan for the federal police.
It ensures coordination between branches, ensures that the necessary support is provided to operations and is responsible for the daily operation of the federal police. It ensures the integrated execution of federal police missions, and in particular ensures that the administrative coordinator and the manager of the deconcentrated judicial service coordinate their activities.
Where their instructions and directives specifically relate to the competencies of the general management of the administrative police or the general management of the judicial police, the Minister of the Interior or the Minister of Justice may direct them to the Director General of one of these branches. The Commissioner-General shall promptly inform the Commissioner-General.
Within the framework determined in accordance with Article 98, paragraph 1^er, the Commissioner General stops the organization of services.
Art. 100. Branches are under the direction of Directors General.
Without being able to interfere in the execution of information or judicial instructions, the Commissioner-General is reforming the decisions of a Director-General who fails to comply with the national security plan or affects the operation of other branches or the consistency of the operation of the federal police.
In this case, the Commissioner General's decision is taken under the authority of the Ministers of the Interior and Justice who may jointly reform it, either at the initiative of one of them, or at the request of one of the federal magistrates assigned to the federal police, each within the framework of its competence, or at the request of the Director General concerned. If the Commissioner General's decision has an impact on judicial information or instruction, the Federal Prosecutor's notice is previously sought.
Art. 101. The General Directorate of the Administrative Police is responsible for, inter alia:
1° the direction and operational coordination of the administrative police missions of the Federal Police Central Services;
2° specialized administrative police missions, and support for these missions, including border control, traffic police, railway, maritime and aeronautical police, as well as serious or organized threats against public order;
3° to keep in reserve the personnel necessary for the execution of administrative police missions for which the federal police examination is requested, required or ordered;
4° the coordination, control and support of the administrative co-ordinating missions of the administrative coordinators.
Art. 102. The General Directorate of the Judicial Police is responsible for:
1° the direction and operational coordination of the judicial police missions of the central federal police services;
2° operational coordination, control and support to the decicent judicial services referred to in section 105;
3° specialized judicial police missions and support for these missions, including in the fight against serious crime, organized crime, corruption, organized economic and financial crime and computer crime;
4° the technical and scientific police, without prejudice to the powers of the National Institute of Criminalism and Crimeinology;
5° special research techniques and information management;
6° the programs referred to in section 95, including operational criminal analysis.
Art. 103. The Director Administrative Coordinator directs and organizes the 10-year coordination and support service, and in particular ensures that all preparatory actions for the management, at the supra-local level, of events or crisis situations, calamities, disasters or disasters.
The Director Administrative Coordinator regularly maintains service reports with the Commissioner and the Governor.
For the performance of his duties, the Director Administrative Coordinator shall comply with the orders, instructions and directives of the Commissioner General and Directors General.
He coordinates his activities with the Director of the Deconcentrated Judicial Service.
Art. 104. The Executive Director is responsible for:
1° respond to requests for operational, administrative or technical support from the local police, with the exception of support for specialized judicial police missions referred to in section 102;
2° coordinate upon request of the competent administrative police authorities, the support of the federal level for the supralocal administrative police missions;
3° coordinate, upon request of the competent authorities, the support of the federal level for the supra-local missions that have a component of both administrative police and judicial police;
4° directing deconcentrated federal administrative police services;
5° to participate in the Zonal Security Council and to assist the local administrative or judicial authorities requesting it;
6° report to the Commissioner General of the execution of federal missions by local police;
7° coordinate and direct police operations in accordance with sections 7/1 to 7/3 of the Police Function Act, with the exception of specialized judicial police missions referred to in section 102.
Art. 105. The deconcentrated judicial service carries out the specialized judicial police duties assigned to this service in accordance with Article 5, paragraphs 2 and 3, of the Police Function Act. He is placed under the direction of the director of the deconcentrated judicial service, known as the judicial director.
The judicial director directs and organizes his service for this purpose and coordinates the execution of these missions by the members of his department. It acts in accordance with the orders, instructions and directives it receives from the Director General of the General Directorate of the Judicial Police, without prejudice to section 99, paragraph 2, and paragraph 6 of this section.
It coordinates its activities with the Director Administrative Coordinator
In order to ensure the coordination of judicial police missions between the local police and the deconcentrated judicial service, the director of this service detaches one or more liaison officers from one or more local polices. The number of liaison officers is based on the importance of judicial police missions to these local polices. For the duration of their detachment, liaison officers continue to report to the head of the deconcentrated judicial service and have no supervisory authority over the local police.
The judicial director and liaison officials provide support to local police research services.
The decentralized judicial services also carry out specialized administrative police missions.
CHAPTER IV. - Staff
Art. 106. Each year, the Act sets out the staffing of the operational framework and the administrative and logistical framework of the federal police.
The same law defines the minimum share of each framework to be allocated to the general management of the judicial police and to the deconcentrated judicial services.
The King determines the detailed rules that staff members of the operational framework and the administrative and logistical framework of the local police may apply for employment in the federal police.
Art. 107. The Commissioner General and Directors General shall be appointed to their employment by the King for a term of five years, renewable once, on the proposal of the Ministers of Justice and the Interior and after the reasoned advice of the Federal Police Council. For the appointment of the Director General of the General Directorate of the Judicial Police, the reasoned opinion of the College of Attorneys General is also required.
The Administrative Coordinator Director shall be appointed to his employment by the King for a term of five years, renewable once, on the proposal of the Minister of the Interior and after a reasoned opinion from the Minister of Justice and the Governor.
The judicial director is designated for his employment by the King for a term of five years, renewable once, on the proposal of the Minister of Justice and after a reasoned opinion of the Minister of the Interior and the Attorney General near the territorially competent court of appeal.
It may, in the same manner, be put to an end in anticipation of the terms set out in subparagraphs 1^er, 2 and 3, if it appears on the basis of an assessment of the assessment board that the individual does not give satisfaction in his or her function.
No one may be designated for the jobs referred to in paragraph 1^er, 2 and 3 if not declared fit by a selection commission. These designations are renewed on the advice of an assessment board. For the surplus, the King sets out, by order deliberately in the Council of Ministers, the terms and procedure for designation to these jobs, as well as the assessment procedure It also sets out the modalities for the establishment and operation of the selection commission and the assessment board. Federal Police hierarchical superiors issue prior notice of any designation to the jobs referred to in paragraph 1^er, 2 and 3 and, except in respect of the Commissioner General, any renewal of the mandate of the persons concerned.
In the course of a term of office, the licensee may, by joint decision of the Minister of the Interior and the Minister of Justice, be assigned to another position of at least equivalent level in another general direction or federal police department where this measure is necessary for the optimal operation of that general direction or service.
The King sets out the time limit in which the advice of the Ministers of the Governor and the Attorney General to the Court of Appeal required under a designation procedure must be issued under penalty of being deemed favourable, as well as the conditions for the use of officers whose term is not renewed or to which it is terminated.
Art. 108. The King regulates the system of assignments that will be necessary in the federal police, so that his missions are assured.
CHAPTER V. - Requisitions
Art. 109. The requisitions of the mayor to obtain the assistance of the federal police for the execution of his administrative police missions are addressed to the territorially competent administrative coordinator.
Art. 110. Judicial police requisitions to obtain the assistance of the Federal Police are addressed by the competent judicial authorities to the Director of the Deconcentrated Judicial Service, the Director Administrative Coordinator or the Director General of the General Directorate of the Judicial Police for services under their jurisdiction.
CHAPTER VI. - Collaboration with the armed forces
Art. 111. The Commissioner General and the officers appointed by the King on a joint proposal by the Ministers of the Interior, Justice and National Defence may, where the federal police are insufficient, require for the maintenance of public order and the execution of judicial police missions, the assistance of the armed forces if they are the only ones to be able to provide the necessary technical and human resources.
Art. 112. The Minister of the Interior and the Minister of Justice shall, at the request of the Minister of National Defence, provide the Federal Police Detachments necessary to ensure, at locations outside the territory of the Kingdom, the military police. These detachments are placed under the authority designated by these ministers.
The federal police may not be charged, in peacetime, by the competent judicial authorities to bring summons to the parties or witnesses, except in the circumstances referred to in paragraph 1^er.
Art. 113. In the event of events likely to seriously jeopardize public order or in the event of serious or generalized disturbances that may result in the requisition or implementation of the armed forces, the Federal Police shall inform the territorial military authorities, keep them informed of the events and provide them with the appreciative elements that allow them to take, in due course, the measures preparatory to any requisition or intervention of the armed forces.
CHAPTER VII. - Miscellaneous provisions
Art. 114. Federal police expenditures are subject to a section of the General Estimates. Basic allocations for the general direction of the judicial police are grouped in a separate organizational division.
Art. 115. § 1^er. In cases where the appeal to the federal police is not regulated under the law, federal police personnel and property may be assigned to public utility benefits against payment, provided that:
1° legal missions are not endangered;
2° benefits have a humanitarian or cultural character or contribute to national assistance;
3° benefits consist of the provision of personnel or real property, the loan of goods, the delivery of consumer goods or the provision of services.
The payment of benefits shall be determined by the King.
§ 2. At the request of a legal person and with the agreement of the Minister of Budget, the Minister of the Interior may make by the federal police and against full reimbursement of costs, administrative police missions of an exceptional character and requiring a particular commitment of personnel or equipment. The King determines the terms of the application and the cost calculation.
Administrative police missions to a person of federal public law do not carry out financial or commercial activities, however, do not result in reimbursement.
§ 3. In the course of the missions that are legally entrusted to it, the federal police may receive voluntary, financial or material contributions from the European Union, supranational public bodies, federal authorities and, within their competence, regions, communities, provinces or municipalities. Financial contributions are specifically intended for the acquisition of equipment, the operating costs of the equipment and the reimbursement of the costs of the implementation of this equipment or the completion of studies, research or seminars by or for the federal police.
The conditions of perception are determined by the King.
§ 4. It is created an organic fund of the federal police. This fund is fed by the revenues provided in §§ 1^er to 3 of this article.
The portion of these revenues that may be added to the federal police operations is determined annually in the budget.
PART IV. - Common provisions
CHAPTER I. - Staff
Section 1. - General provisions
Art. 116. The police are composed of two executives: an operational framework and an administrative and logistical framework.
Art. 117. The operational framework consists of three police officers: the basic framework, the average framework and the officer framework. The operational framework can also include a policy framework.
Police officers are competent for the exercise of judicial and administrative police missions.
Auxiliary police officers are not police officers, but have limited police competence.
Auxiliary police officers are either statutory staff members or engaged in the bonds of a work contract.
Art. 118. The administrative and logistical framework is composed of personnel who are not subject to the quality of administrative or judicial police officers.
The members of the administrative and logistical framework are either members of the statutory staff, recruited and appointed or used in that body in accordance with the mobility regime, or members of the staff engaged in the employment contract. The personnel responsible for specific auxiliary tasks are engaged under a contract for work.
If all jobs in the administrative and logistical framework are not occupied by personnel without police competence, operational staff may, at their request, either move into that body or temporarily exercise such jobs.
Staff in the administrative and logistical framework are unable to complete police missions. The members of the operational framework that pass to the administrative and logistical framework shall lose their status as an officer or judicial and administrative police officer. When they reintegrate the operational framework, they find this quality.
Art. 119. The status is the same for all police officers, whether they belong to the federal police or the local police. The same rule applies, by category, to auxiliary police officers and to administrative and logistical personnel.
Art. 120. Within each police force, the authority of a staff member on another staff member is exercised, in this order:
1° on the basis of the function assumed in the organization, i.e. on all staff members who are assigned to a service that falls within the organizational structure of its responsibility;
2° on the basis of the task entrusted to it, that is, on all personnel to whom the mission was given to cooperate in the execution of these tasks, within the limits of them;
3° on the basis of the rank or, at equal grade, seniority, that is, on all members of the police personnel, but without interfering in the exercise of the function or in the execution of the task.
The authority is always exercised within the limits of the authorization contained in the legislative, contractual or regulatory provisions or in orders of permanent or temporary services.
Art. 121. The King shall, in accordance with and within the limits established by law, establish the status of personnel of the operational framework and of the administrative and logistical framework.
The King determines, inter alia:
1° the ranks of police officers;
2. Administrative and monetary status, including salary scales, allowances or allowances, as well as conditions for recruitment, appointment, promotion of police officers, police officers and administrative and logistical personnel;
3° the conditions of recruitment and employment of auxiliary police officers and administrative and logistical personnel engaged in the links of a labour contract;
4° the conditions and modalities of the transition from the operational framework to the administrative and logistical framework;
5° the auxiliary and specific tasks for which the personnel of the administrative and logistical framework are engaged in the bonds of a contract of work;
6° the terms of use according to the mobility regime of the statutory members of the administrative and logistic body.
Art. 122. Regardless of the authority vested in the appointing authority, the status of the members of the police services guarantees the objectivity, among other things, of recruitment, selection, job designation, job withdrawal, appointment, promotion and advancement, as well as evaluation.
Without prejudice to the specific restrictions on the exercise of the rights and freedoms expressly provided by the law as a result of their employment, police officers, police officers and administrative and logistical personnel enjoy the same rights and freedoms as other citizens.
Section 2. - General principles of the status of police officers
Art. 123. Police officers at all times and in all circumstances contribute to the protection of citizens and to the assistance they are entitled to wait and, where circumstances require, to the respect of the law and to the maintenance of public order.
They respect and strive to uphold human rights and fundamental freedoms.
Art. 124. The status of police officers guarantees the exercise of authority.
Art. 125. The status of police officers guarantees their availability.
Police officers must respond to any call for service delivery and avoid anything that could undermine public confidence in their availability. Police officers may not be absent from the service without authorization or justification.
When they have been absent irregularly more than ten days, they are dismissed from office on the conditions fixed by the King. This resignation makes them lose their capacity as a member of their police force. This measure is taken by the King if he appointed the staff member concerned in his last rank, and, as the case may be, by the Minister of the Interior, the mayor or the police college, in the other cases.
Art. 126. § 1^er. The exercise of the right to strike by federal and local police officers is subject to the following conditions:
1° the prior announcement of the strike by a registered trade union organization;
2° the preliminary discussion within the bargaining committee for the police services, with the competent authority, of the question for which the strike is envisaged.
The King shall determine the terms and conditions for the notice and discussion referred to in paragraph 1^er and the time frame in which they must take place.
§ 2. The Minister of the Interior may, after consultation with the Minister of Justice, order the police officers of the federal police and the local police who use or wish to use the right to strike, continue or resume work during the period and for the missions for which their engagement is necessary and that they designate. If police officers are part of the general administration of the judicial police, the order is jointly issued by the Ministers of the Interior and Justice. The Burger or Police College has the same jurisdiction with respect to local police officers.
The authority wishing to give the order referred to in the preceding paragraph is required to communicate, in advance, to the representative trade union organizations of police personnel and, where appropriate, to the registered trade union organization that has filed the notice of strike, the missions for which it considers that the order is necessary.
§ 3. A police officer who fails to comply with the order of an authority referred to in § 2 shall be punished by imprisonment from eight days to one month and a fine from 100 to 10,000 francs, or only one of these penalties.
The provisions of Book I of the Criminal Code, including Chapter VII and Article 85, are applicable to this offence.
Art. 127. The status of police officers guarantees their impartiality.
They must avoid any act or attitude of nature to shake this presumption of impartiality. Public servants must prohibit any arbitrary intervention by, inter alia, avoiding, in their way of intervening or because of the purpose of their intervention, the impartiality that citizens are entitled to expect from them.
Police officials refrain in all circumstances from publicly demonstrating their political opinions and publicly engaging in political activities. They cannot run for a political term.
Art. 128. The status of police officers ensures their mobility within the federal police, between local police and between them and the federal police. Equivalent jobs are also available to federal and local police officials who meet statutory requirements.
In this context, the King regulates the conditions under which the municipality, the multi-communal area the local authority or the State that has borne the costs related to the recruitment and training of a police officer may, if that officer is recruited within five years of his appointment to another local police or the federal police, recover these costs from the local authority or the state.
Art. 129. The status of police officers ensures equal opportunities for men and women in the federal police and local police.
Subject to maternity protection provisions applicable to public service staff, female staff are subject to the same working conditions as male staff members of the same body.
Art. 130. The status of police officers guarantees their integrity.
Police officers must prohibit any abuse in the performance of their duties.
Staff members are prohibited from soliciting, requiring or accepting, directly or by an interposed person, even outside their duties, but because of these, any donations, bonuses or benefits.
Art. 131. The status of police officers guarantees professional secrecy and includes a duty of discretion.
Police officers, even after termination of their employment, are prohibited from revealing data relating to national security, public order protection, the financial interests of the authorities, the prevention and punishment of criminal offences, medical secrecy, the rights and freedoms of the citizen, and particularly the right to privacy. This prohibition also applies to data relating to the preparation of any decision.
Art. 132. The staff member avoids any behaviour, even outside the exercise of the function, which may jeopardize the performance of the duties of employment or affect the dignity of the job.
Police officers must be respectful of the Head of State, other established powers and public institutions.
Art. 133. Sections 123, paragraph 2, 124 to 132 apply to auxiliary police officers. Articles 125, 126, §§ 1^er and 2, 127, paragraphs 1^er and 2, 128 to 132 apply to members of the administrative and logistical framework.
Section 3. - Professional incompatibility
Art. 134. Without prejudice to the incompatibility provided for in specific laws and unless the person concerned is in non-activity for personal convenience, the quality of staff member in the operational framework is incompatible with the exercise:
1° of another profession;
2° of a public function, charge or mandate;
3° of a mandate or service, even free of charge, in private-for-profit companies;
4° of any other mandate or service that the Minister of the Interior found incompatibility.
Staff members may not, either directly or by interposed person, engage in any kind of trade, be business manager or participate in the management, administration or supervision of commercial companies or industrial or commercial establishments.
Art. 135. Individual exemptions to the prohibitions imposed by section 134 may be granted, as the case may be, by the Commissioner General, the mayor or the police college, in accordance with the directives given by the Minister of the Interior, for jobs, occupations or occupations that do not compromise the interest of the service or the dignity of the staff member state.
Authorization must be prior and may be subject to certain conditions. She's always revocable.
Art. 136. § 1^er. Staff of the logistical and administrative framework may not, either directly or by an interposed person, exercise any occupation that may affect the performance of their professional duties or the dignity of the function.
The staff member of the administrative and logistical framework shall, as the case may be, communicate to the Commissioner General, the mayor or the police college the occupation he intends to perform.
§ 2. Staff members of the logistics and administrative framework who are members of the staff of the multi-communal area or who receive an allowance or salary of the multi-communal area may not be members of the police council or police college or the communal council of one of the municipalities of the multi-communal zone.
Section 4. - Miscellaneous provisions
Art. 137. The police officers take the following oath: "I swear faithfulness to the King, obedience to the Constitution and the laws of the Belgian people".
The King determines the proceeding that receives this oath.
Art. 138. Are dressed as a judicial police officer, auxiliary to the King's Prosecutor:
1st police officers with an officer grade;
2° the police officers who perform the duties and who meet the conditions of seniority and training arrested by the King.
Art. 139. The law organizes relations between the public authorities and the unions of the police officers, auxiliary police officers and the personnel of the administrative and logistical framework.
The disciplinary status of police officers, auxiliary police officers, as well as administrative and logistical personnel is established by law. The remedies that these staff members may bring against a measure of order or disciplinary action taken by the mayor, the municipal council, the police college and the police council are organized by law.
Art. 140. Any written assessment or communication relating to the manner in which a police officer's duties are carried out shall be notified to him before being classified, with his or her possible observations, in his or her record of which the documents are inventoried.
CHAPTER II. - Organization and equipment
Art. 141. The King determines uniform, insignia, legitimation cards and other means of identification.
It also sets standards for equipment and the weaponization of police services to ensure compatibility and cooperation between police services and, if necessary, the operation of a joint intervention.
Art. 142. The King determines by order deliberately in the Council of Ministers the standards of organization and operation of the police services in order to ensure a minimum service equivalent to the population.
PART V. - General Inspection
Art. 143. It is established a general inspection of the federal police and the local police.
The general inspection is under the authority of the Ministers of the Interior and Justice, who are jointly competent to establish the general principles of its organization, operation and general administration. The day-to-day management of the general inspection is entrusted to the Minister of the Interior. When the processing of these files directly affects the general management of the judicial police, the judicial services or the management of information, it associates the Minister of Justice in accordance with the rules laid down by the King, on the proposal of the Minister of the Interior and the Minister of Justice.
Art. 144. The general inspecification concerns the operation of the federal police and the local police.
In particular, it inspects the application of laws, regulations, orders, instructions and directives, as well as standards and standards. It regularly reviews the effectiveness and efficiency of the federal police and local police, without prejudice to the internal procedures for these services.
In addition to the powers referred to in section 51, the King may give general inspection of staff assessment and training skills.
Art. 145. The general inspection acts either as an initiative or on the orders of the Minister of Justice or the Minister of the Interior, or at the request of the judicial and administrative authorities, in particular the mayors, governors, general prosecutors, the federal prosecutor, the King's and the Federal Police Council, each within the framework of his or her powers.
The Commissioner General of the Federal Police may request an inspection of the federal police. The head of a local police force can act the same for its local police.
Without prejudice to the judicial police powers of its members and to the application of the Act of 18 July 1991 of the control of the police and intelligence services, it follows up on the complaints and denunciations it receives.
Art. 146. The general inspection ensures the mediation required in respect of complaints involving facts that do not constitute an offence.
Art. 147. In carrying out their inspection missions, members of the general inspection have a general and permanent inspection right within the federal police and local police.
They may freely hear members of the federal police and the local police, enter the places in which and during the time that these police officers perform their duties and consult on site and, if necessary, take copies of all documents and documents necessary for their inspection. Where documents and documents relate to current information or instruction, they may only take a copy thereof with the consent of the competent magistrate.
Art. 148. The general inspection shall submit the results of its inspections to the Minister of the Interior and to the Minister of Justice, to the authority or proceeding that seized it, and, where the inspection relates to a local police, also to the competent mayors.
If, on the occasion of an inspection, facts of a disciplinary nature are found, the general inspection shall inform the competent disciplinary authority.
Art. 149. The general inspection is conducted by the Inspector General and consists of federal police officers and local police officers. They can be assisted by administrative staff and experts.
Following the advice of the Federal Police Council, the King, on the proposal of the Minister of the Interior and the Minister of Justice, determines the framework, terms and conditions of appointment to the general inspection, the status of non-police personnel and rules specific to the status of police officers to ensure the independence of the general inspection of police services. It determines how the general inspection works.
The Inspector General shall be appointed to this position by the King for a term of five years renewable once upon the proposal of the Ministers of Justice and the Interior and after the reasoned advice of the Federal Police Council.
The King sets out the conditions and procedure for designation to this job, as well as the assessment procedure. It also sets out the modalities for the establishment and operation of the selection commission and the evaluation commission.
PART VI. - Amendments to the Act of 5 August 1992
on the police function
Art. 150. In section 2 of the Police Service Act of 5 August 1992, as amended by the Act of 17 November 1998, the words "to the gendarmerie, the municipal police and the judicial police" are replaced by the words "to the federal police and the local police".
Art. 151. In section 4 of the Act, paragraph 1^er is replaced by the following provision:
"The quality of the administrative police officer is:
- provincial governors;
- the borough commissioners;
- Bourgmestres;
- Federal and local police officers. »
Art. 152. A title called Section I^re - General provisions" is inserted in Chapter II of the Act, before Article 5.
Art. 153. In section 5 of the Act, the following amendments are made:
1° in paragraph 2, the words "federal prosecutor, investigating judges" are inserted between the words "military" and "procurators";
2° in the same paragraph, the word "municipal" is replaced by the word "local";
3° the article is completed by the following paragraph:
"In accordance with section 143ter of the Judicial Code, the Minister of Justice determines by directive, based on the principles of speciality and subsidiarity, the judicial police missions that are carried out primarily by the local police, on the one hand, by the judicial and other services of the federal police. "
Art. 154. After section 5 of the Act, section 2 and sections 5/1 to 5/5 are inserted, as follows:
“Section 2. - Police reports with the authorities
Art. 5/1. The administrative police authorities and the police must communicate the information that is available to them about public order and that may result in preventive or repressive measures.
Art. 5/2. Police services provide special reports to interested administrative authorities of extraordinary events concerning the public order they are aware of.
In order to ensure its administrative police responsibilities, the head of the local police force, the administrative coordinator and the judicial director of the federal police inform the mayor without delay of important facts that are likely to disturb the tranquility, security or public safety in his commune.
The chief of the local police reports to him on security issues in the commune, on the implementation of administrative police missions in the territory of the commune and on the past and foreseeable execution of the zonal security plan.
The chief of the local police also informs him of the initiatives that the local police intend to take in the territory of the commune and which have an influence on the municipal security policy.
The administrative coordinator director informs the mayor beforehand of all the initiatives he intends to take within the framework of his competence in the territory of the commune, and which have an influence on the municipal security policy. The Committee also reports to the Council on the implementation of the administrative police missions coordinated by the State party and which relate to the territory of its commune.
The Director of the Deconcentrated Judicial Service shall inform the Administrative Coordinator and the Mayor of all the operations that the judicial unit undertakes in the territory of the commune and which are likely to disturb public tranquility.
Art. 5/3. For the conduct of judicial police missions, regular service reports are maintained:
1° with the King's Prosecutor, the Chief of the Local Police and the Chief Justice and, in the cases referred to in section 104 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, by the Federal Police Administrative Coordinator;
2° with the Attorney General, the Attorney General's College and the Federal Prosecutor, the Commissioner General and the Directors General of the Federal Police.
Art. 5/4. Whenever they become aware of this, the police inform the territorial military authorities of all that may affect the security of the armed forces, of any propaganda inciting the military to the indiscipline, as well as of all the incidents to which they are involved.
Art. 5/5. In the territories in a state of siege, where the powers of civil authority for the maintenance of order and the police are exercised by the military authority, the military authority may, in order to carry out this mission, send to the police the requisitions required by the circumstances. »
Art. 155. In section 6 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "orders, instructions and requisitions" are replaced by the words "orders, instructions, requisitions and directives";
2° paragraphs 2 and 3 are repealed;
3° The article, as amended, becomes section 5/6 of the same law.
Art. 156. Section 7 of the Act becomes Article 6.
Art. 157. After section 6 of the Act, a section 3 entitled "Coordination and direction of operations" is inserted.
Art. 158. Section 8 of the Act, as amended as follows, becomes section 7:
1° the words "unless expressly agreed with other police services" are replaced by the words "unless management is entrusted to a police officer of another police force on the basis of an express agreement or a legal provision";
2° the article is supplemented by the following paragraph:
"By derogation from paragraph 1^er, this agreement is not necessary when the judicial authority has, pursuant to articles 28ter, § 4, or 56, § 3, of the Code of Criminal Investigation, charged in a particular investigation several police services of judicial police missions and has designated one of them for the operational direction of this investigation. »
Art. 159. Sections 7/1 to 7/5, as follows, are inserted after section 7 of the Act:
"Art. 7/1. With the exception of the tasks referred to in section 102 of the Act of 7 Decembe 1998 on the organization of an integrated police service, structured at two levels, the coordination and operational direction of police missions whose execution extends over the territory of more than one police zone are entrusted:
1° in the event of joint intervention on the basis of an agreement of different local police bodies, to the head of the local police designated for this purpose by the local police force(s) concerned;
2° in the case of joint intervention by various local police and federal police, including when the latter intervenes on requisition, to the administrative coordinator;
3° for the execution by a local police of a requisition of the Minister of the Interior referred to in section 64 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels, to the Director Administrative Coordinator.
The zonal security councils can organize the missions under 1° by protocols.
In the cases referred to in 2° and 3°, coordination and operational management may be entrusted to a local head of authority designated for this purpose if the local and federal authorities concerned jointly decide.
Art. 7/2. With the exception of the missions referred to in section 102 of the Act of 7 December 1998 on the organization of an integrated police service, structured at two levels, the coordination and operational direction of police missions whose execution is limited to the territory of a police zone, are entrusted to the head of the local police force.
However, coordination and operational management are entrusted to the Director Administrative Coordinator in the following cases:
1° when it responds to the request of the local police chief of corps to carry out this mission;
2° where the federal police intervene on initiative or by order of the Minister of the Interior for the execution of supralocal missions and the Minister decides, in the circumstances specific to this intervention, to entrust this function to the Director Administrative Coordinator. This decision shall be taken, except urgently, after consultation with the mayor;
3° where the federal police or local police intervene in a requisition referred to in sections 43 and 64 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, and the Minister of the Interior decided to entrust these functions to the Administrative Coordinator
Art. 7/3. The coordination and operational direction of a federal mission within the meaning of section 61 of the Act of 7 December 1998 on the organization of an integrated, two-tiered police service, which requires the joint intervention of one or more local police forces and the federal police, are ensured by the police level designated in the directive.
The coordination and operational direction of a federal mission in the circumstance referred to in Article 63 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, are nevertheless ensured by the Director Administrative Coordinator, except in the event of a contrary decision by the Ministers of the Interior and Justice.
Art. 7/4. In order to carry out the tasks referred to in Articles 7/1, 7/2 and 7/3, the Administrative Coordinator Director shall, upon request, receive any relevant information from the superiors of the local police forces concerned.
Art. 7/5. The commander of any detachment of the armed forces called to intervene with a police service is required to comply with the instructions addressed to him by the police officer in charge of operations.
Although the police officer has the direction of operations, the commander of the detachment of the armed forces retains the command of his detachment.
The use of weapons by persons who do not belong to the police is, in this case, governed in accordance with Article 38, 1 and 3°. »
Art. 160. Section 4, including sections 8 to 8/8, and as follows, is included in Chapter II of the Act:
“Section 4. - Requisitions
Sub-section 1^re. - General provisions
Art. 8. Any requisition must be written, mention the legal provision under which it is made, indicate the object, be dated, and bear the name and quality as well as the signature of the requesting authority.
In an emergency, police services may be required by any means of communication. This requisition must be confirmed as soon as possible in the forms provided for in the preceding paragraph.
Art. 8/1. For the execution of requisitions addressed to the police services, the competent authorities, without interfering with the organization of the service, specify the purpose of the requisition and may make recommendations and provide specific guidance on the means to be implemented and the resources to be used.
When it is impossible to comply with these specific recommendations and indications because their execution would affect the conduct of other police missions, the requesting authority is informed as soon as possible. On this occasion, the special circumstances which make it impossible to respect these recommendations and specific indications are mentioned. This provision does not exempt the police from the obligation to execute requisitions.
Art. 8/2. The requested police cannot discuss the opportunity of the requisition. She has to run it. However, if the requisition is manifestly illegal, it cannot execute it. In this case, the applicant shall promptly notify the requesting authority in writing of the reasons.
Art. 8/3. The effects of the requisition cease when it is executed or when the requesting authority means in writing or verbally the lifting of the requisition to the chief of the police force that had been required or to the head of the unit charged with conducting the requisition.
Sub-section 2. - Administrative police requisitions
Art. 8/4. The operations necessary for the execution of administrative police requisitions are carried out under the direction of a police officer in the capacity of a judicial police officer.
The required police service determines the organization of the service as well as the nature and, without prejudice to section 64, paragraph 4, of the Act of 7 December 1998 organizing an integrated, two-tiered police service, the importance of the means to implement the requisition and to follow up on the recommendations and indications of the requesting authority. If the coordination and operational direction is entrusted to a local police officer in the execution of articles 7/1 or 7/2, the police officer required to do so shall consult with the head of the body concerned.
The competent superiors of the required police, without interfere in the conduct of the administrative police operations, coordinate, provide the necessary support and control the conduct of the missions carried out following a requisition. These measures are brought to the attention of the requesting authorities through the requested police superior.
During the execution of an administrative police requisition, the police officer referred to in paragraph 1^er must maintain contact with the requesting administrative authority and inform it, except in case of force majeure, of the means of action that it proposes to implement.
On the other hand, the requesting authority must transmit to this police officer all information relevant to the fulfilment of its mission.
Art. 8/5. In the case referred to in section 8/1, paragraph 2, the Minister of the Interior may, at the request of the requesting authority, order the federal police to comply with these specific recommendations and indications.
Subsection 3. - Judicial police investigations
Art. 8/6. The provisions of the Code of Criminal Investigation, in particular articles 28ter, § 3, and 56, § 2, apply to judicial police requisitions addressed to the police services.
The operations necessary for the execution of judicial police requisitions are carried out, under their leadership, by police officers who have the capacity of judicial police officers.
The police officers referred to in the preceding paragraph determine the organization of the service as well as the nature and importance of the means to carry out the requisition and follow up on the specific recommendations and indications of the requesting authority.
The competent superiors of the required police, without interfering with the conduct of judicial investigations, coordinate, provide the necessary support and control the conduct of the missions carried out following a requisition. These measures are brought to the attention of the requesting judicial authorities through the requested police superior.
The confirmation referred to in section 8, paragraph 2, of a judicial police requisition may result from the record prepared by the police officer who has executed this requisition.
Art. 8/7. When the General Directorate of the Federal Police does not have the necessary staffing and means to simultaneously execute the requisitions of various judicial authorities, the Federal Prosecutor, or by delegation, the Federal Magistrate referred to in Article 47quater of the Code of Criminal Investigation, decides, after consultation with the Director General of that General Directorate, what requisition is carried out primarily.
Art. 8/8. In the case referred to in section 8/1, paragraph 2, in the execution of a requisition by the federal police, the Minister of Justice may, on the initiative of the federal prosecutor or, by delegation, of the federal magistrate referred to in section 8/7, order him to comply with the specific recommendations and indications of the requesting judicial authority. »
Art. 161. In the same Act, the division in the form of a chapter III entitled "Coordination of Police Policy and Management of Police Services" is replaced by a division in the form of a section 5 entitled "Consolidation and Coordination Measures".
Art. 162. Section 9 of the Act is replaced by the following provision:
“Art. 9. In each province, as well as in the administrative district of Brussels-Capital, a dialogue is organized between the Attorney General near the Court of Appeal, the Governor, the administrative coordinator directors or their delegates, the judicial directors or their delegates and representatives of the local police. This consultation aims to stimulate the zonal security councils. Notices made at the provincial consultation level are brought to the attention of the zonal security councils and the federal authorities. Experts may be invited to attend the meetings.
By judicial district a research dialogue is organized between the administrative coordinator director or his delegate, the director of the deconcentrated judicial service or his delegate, representatives of the local police and the King's prosecutor, under the direction of the latter. This consultation focuses on the coordination of judicial police missions and the organization of information exchange. The Minister of Justice determines the modalities of this research consultation. »
Art. 163. In section 10 of the Act, the following amendments are made:
1° §§ 1^er to 3 are repealed;
2° the division in paragraphs is repealed so that § 4, inserted by the law of 17 November 1998 on the integration of the marine police, the aeronautical police and the railway police in the gendarmerie becomes the single paragraph.
Art. 164. In the same Act, after section 10, a section 6 includes sections 11 to 13 entitled:
“Section 6. - Administrative police skills."
Art. 165. Section 11 of the Act is replaced by the following provision:
“Art. 11. Without prejudice to the powers assigned to them by or under the law, the Minister of the Interior and the Governor shall exercise the responsibilities of the mayor or communal institutions on a subsidiary basis when they fail, voluntarily or otherwise, to their responsibilities, when the disturbances to public order extend to the territory of several municipalities, or when, although the event or situation is located in a single commune, the general interest requires their intervention.
The powers referred to in paragraph 1 relate to administrative police measures within the meaning of section 3, 1°, excluding those subject to section 42 of the Act of 7 December 1998 organizing an integrated, two-tiered police service. »
Art. 166. In section 14 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "the gendarmerie and the municipal police" are replaced by the words "police services";
2° in paragraphs 2 and 3, the word "They" is replaced by the word "They";
Paragraph 4 is repealed.
Art. 167. In article 15 of the same law the words "the gendarmerie, the municipal police and the judicial police near the prosecutors" are replaced by the words "police services".
Art. 168. An article 15bis, as follows, is inserted in the same law:
"Art. 15bis. The federal police and the local police carry out the tasks identified in this subsection in accordance with section 3 of the Act of 7 December 1998 organizing an integrated, two-tiered police service. »
Art. 169. In section 16 of the Act, the following amendments are made:
1° in the first sentence of paragraph 1^er, the words "La gendarmerie et la police communale" are replaced by the words "Les services de police";
2° in the second sentence of paragraph 1^er, the word "They" is replaced by the word "They";
Paragraph 2 is deleted.
Art. 170. In article 16bis of the same law, introduced by the law of 17 November 1998 on the integration of the maritime police, the aeronautical police and the railway police in the gendarmerie, the words "the gendarmerie" are replaced by the words "the federal police".
Art. 171. In article 16ter of the same law, introduced by the law of 17 November 1998 on the integration of the maritime police, the aeronautical police and the railway police in the gendarmerie, the words "the gendarmerie" are replaced by the words "the federal police".
Art. 172. In article 16quater of the same law, introduced by the Act of 17 November 1998 on the integration of the maritime police, the aeronautical police and the railway police in the gendarmerie, the words "the gendarmerie" are replaced by the words "the federal police".
Art. 173. In article 17, paragraph 1^erthe same law, as amended by the Act of 17 November 1998 on the integration of the maritime police, the aeronautical police and the railway police in the gendarmerie, the words "the gendarmerie and the municipal police" are replaced by the words "police services".
Art. 174. Sections 18, 19 and 20 of the Act make the following amendments:
1° in paragraph 1^er, the words "La gendarmerie et la police communale" are replaced by the words "Les services de police";
2° in paragraph 2, the words "Police Services" are replaced by the word "They".
Art. 175. In section 21 of the Act, the following amendments are made:
1° in paragraph 1^eramended by the Act of 17 November 1998 on the integration of the maritime police, the aeronautical police and the railway police in the gendarmerie the words "La gendarmerie et la police communale" are replaced by the words "Les services de police";
2° in paragraph 2, the words "Police Services" are replaced by the word "They".
Art. 176. In section 22 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "La gendarmerie et la police communale" are replaced by the words "Les services de police";
2° in paragraph 2, the words "La gendarmerie et la police communale" are replaced by the word "They";
3° in paragraph 3, the words "the gendarmerie" and the words "or the corps chief of the local police concerned" are replaced respectively by the words "the federal police" and the words "and the corps chief of the local police concerned. »
Art. 177. In section 23 of the Act, the following amendments are made:
1° in § 3, the words "the communal police" are replaced by the words "the local police", and the paragraph is supplemented by the words "without prejudice to the application of articles 61 and 62 of the law of 7 December 1998 organizing an integrated police service, structured at two levels";
2° in § 4, paragraph 1^er, the words "The gendarmerie assures" are replaced by the words "The Federal Police and, in the circumstances set out in sections 61 and 62 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, the local police provide";
3° in § 4, paragraph 2, the words "it assures" are replaced by "they provide";
4° in § 5, the words "La gendarmerie" are replaced by the words "La police fédérale".
Art. 178. In section 24 of the Act, the words "La gendarmerie et la police communale" are replaced by the words "Les services de police".
Art. 179. In section 25 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "of the gendarmerie, the municipal police and the judicial police near the prosecutors" are deleted;
2° in paragraph 2, the words "to be entrusted to the above-mentioned officials" are replaced by the words "to be entrusted to them";
3° between paragraph two and paragraph three a paragraph shall be inserted, as follows:
"The judicial authorities may entrust police officers with disciplinary investigations. »;
4° in paragraph three, which becomes paragraph four, the words " gendarmerie et la police communale" are replaced by the words "police services".
Art. 180. In section 26 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "La gendarmerie la police communale" are replaced by the words "Les fonctionnaires de police";
2° in paragraph 2, the words "Police officers" are replaced by the word "They".
Art. 181. In section 27 of the Act, the following amendments are made:
1° in paragraph 1^eramended by the Act of 17 November 1998 on the integration of the maritime police, the aeronautical police and the railway police in the gendarmerie, the words "of the gendarmerie and the municipal police" are deleted;
2° in paragraph 2, the words "of the gendarmerie and the municipal police" are deleted.
Art. 182. In article 28, § 4, of the same law, as amended by the law of 17 November 1998 on the integration of the maritime police, the aeronautical police and the railway police in the gendarmerie, the words "the administrative authority" are replaced by the words "the competent administrative police authority".
Art. 183. The following amendments are made to section 30 of the Act:
1° in paragraph 1^er, the words "administrative police officer" are replaced by the words "police officer";
2° in paragraph 3, the words "administrative authority" are replaced by the words "administrative police authority".
Art. 184. Article 31, paragraph 1^erthe words "administrative police officers" are replaced by the words "police officers".
Art. 185. In article 33, paragraph 2, of the same law, the words "of the municipality concerned" are inserted between the words "in the town" and "or".
Art. 186. In section 34, § 2, of the Act, the words "administrative police officer" are replaced by the words "police officer".
Art. 187. In section 35, paragraph 1^erthe words "administrative or judicial police officers" are replaced by the words "police officers".
Art. 188. In section 38 of the Act, the following amendments are made:
1° in paragraph 1^er3°, the words "of the municipal police and the gendarmerie" are deleted;
2° in paragraph 1^er, 4°, the words "of the municipal police, the gendarmerie and the judicial police near the prosecutors" are deleted.
Art. 189. Section 39 of the Act is repealed.
Art. 190. In article 40 of the same law, the words "of the gendarmerie, the municipal police or the judicial police near the prosecutors" are deleted.
Art. 191. A sub-section 3, comprising sections 44/1 to 44/11, as follows, is inserted in section 1^re Chapter IV of the Act:
"Subsection 3. - Information management
Art. 44/1. In the course of the missions entrusted to them, the police may collect and process personal data and information relating, inter alia, to events, groupings and persons of concrete interest for the execution of their administrative police missions and for the execution of their judicial police missions in accordance with articles 28bis, 28ter, 55 and 56 of the Code of Criminal Investigation.
This information and data can only be communicated to the police authorities and services, as well as to the intelligence and security services that need it for the execution of their missions.
Art. 44/2. The collection, processing and transmission of information and data referred to in Article 44/1, paragraph 1^erin accordance with the Act of 8 December 1992 on the Protection of Privacy with regard to personal data processing. This information and data must have a direct link to the purpose of the file and be limited to the requirements arising therefrom.
The King shall determine, by order deliberately in the Council of Ministers, the rules relating to the retention of such information and data.
Contact persons for the Private Life Protection Commission are designated in the police services.
The management of the IT structures and technical means required for the national general data bank referred to in section 44/4 is carried out by one of the branches, responsible for the support, referred to in section 93, 2°, of the Act of 7 December 1998 organizing an integrated police service, structured at two levels.
Art. 44/3. The information and data referred to in Article 44/1, paragraph 1^eradministrative police missions are collected and processed under the authority of the Minister of the Interior.
Without prejudice to the competence of the judicial authorities, the information and data referred to in article 44/1, paragraph 1^errelating to judicial police missions are collected and processed under the authority of the Minister of Justice.
Art. 44/4. The information and data referred to in Article 44/1, paragraph 1^er, shall be treated, in accordance with the terms fixed by the King, by order deliberately in the Council of Ministers, in a general national data bank, established in one of the branches responsible for the support, referred to in Article 93, 2°, of the law of 7 December 1998 organizing an integrated police service, structured at two levels. Several index systems are included in this data bank. As part of these index systems, the King also regulates the supervision of a federal judge on judicial information.
The King sets out, by order deliberately in the Council of Ministers, the conditions under which this data bank and each of these index systems are accessible and can be consulted by the competent judicial authorities and the police in the course of their missions.
The police provide the information and data referred to in Article 44/1, paragraph 1 directly to this national general data bank.^er.
The Ministers of the Interior and Justice, each within the framework of their competence, shall determine, on a consistent basis of the control body referred to in section 44/7, the categories of information and data that do not require a transmission.
Art. 44/5. When, as part of the exercise of their administrative police missions, the police acquire knowledge of information relevant to the exercise of the judicial police, they shall promptly inform or restrict the competent judicial authorities.
Where, as part of the exercise of their judicial police missions, the police acquire the knowledge of information relevant to the execution of the administrative police and which may give rise to administrative police decisions, they shall inform the competent administrative authorities, unless this may affect the exercise of public action, but without prejudice to the measures necessary for the protection of persons.
Art. 44/6. In the exercise of their judicial police missions, the police communicate the information and data referred to in Article 44/1, paragraph 1^erthe competent judicial authorities, in accordance with articles 28bis, 28ter, 55 and 56 of the Code of Criminal Investigation.
Art. 44/7. It shall be established a supervisory body under the authority of the Minister of the Interior and the Minister of Justice, responsible for the management of the general national data bank referred to in section 44/4, paragraph 1^er. This control body has unlimited access to all information and data stored in this data bank.
It is particularly responsible for monitoring compliance with the rules of access to the General National Data Bank and the transmission to that bank of the data and information referred to in Article 44/1, paragraph 1^er.
Without prejudice to the provisions referred to in section 44/4, the police may, in particular circumstances, create data banks. The establishment of any data bank by the police services must be communicated to this monitoring body beforehand. All information and data from these data banks are communicated to the general national data bank referred to in Article 44/4, paragraph 1^erunless the control body agrees on a non-transmission request. All competencies assigned to the control body by this section apply fully to these data banks. Under the conditions determined by the King, by order deliberately in the Council of Ministers, these data banks are accessible and accessible by the competent authorities, each within the framework of their competence, and by the police services in the course of their missions.
In order to carry out its monitoring missions, this body has an unlimited right of access to the premises in which and during the time the police officers perform their duties.
This body is chaired by a federal magistrate. This magistrate is appointed by the Minister of Justice and the Minister of the Interior, following the advice of the General Prosecutors' College. During the term of its designation, it acts independently with respect to the Federal Public Prosecutor's Office. For the surplus, this body consists of a member of the local police, a member of the federal police and an expert appointed by the Ministers of the Interior and Justice.
The control body acts as an initiative or at the request of the judicial or administrative authorities, the Minister of Justice or the Minister of the Interior, under the conditions established by the King, by order deliberately in the Council of Ministers.
When the control took place within a local police force, the supervisory body shall inform the mayor or the police college and shall report to him.
Where the control relates to information and data relating to the execution of judicial police missions, the related report prepared by the supervisory body is also transmitted to the Crown Prosecutor.
This oversight body is provided with administrative and logistical support for the general inspection of the federal police and local police and may, for the performance of its mission, require the assistance of this inspection.
The King shall, by order deliberately in the Council of Ministers, establish the rules relating to the status of the members of that control body so as to guarantee their independence.
Art. 44/8. In derogation from section 44/4, the transmission referred to in section 44/4, paragraph 3, shall be deferred when and as long as the competent magistrate, with the agreement of the Federal Supervisory Magistrate referred to in section 44/4, paragraph 1^er, considers that this transmission may compromise the exercise of public action or the security of a person.
Art. 44/9. Police officers responsible for the management of the General National Data Bank referred to in Article 44/4, paragraph 1^er, shall be designated after the notice of the control body referred to in section 44/7. No promotion, appointment or transfer may be granted to them only on the initiative or agreement of the competent minister and after the advice of that oversight body. The terms are determined by the King.
In respect of these police officers, disciplinary proceedings for acts committed during the term of their appointment may be brought only by the agreement or by order of the competent minister. The notice of the audit body is collected for disciplinary proceedings that are not ordered by the Minister.
The general national data bank referred to in section 44/4, paragraph 1^er, is managed within a service under the direction of a chief of service and an assistant chief of service. One of them is a member of the federal police and the other belongs to the local police. The terms and conditions of their designation shall be decided by the King.
Art. 44/10. Execution measures referred to in articles 44/2, paragraph 2, 44/4, paragraph 2 and 44/7, paragraphs 3 and 9, shall be taken after notice of the Privacy Commission, except in the event of an emergency.
Art. 44/11. Any police officer who knowingly and voluntarily retains information and data of interest in the execution of public action or the maintenance of public order and refrains from transmitting them to the national data bank, in accordance with section 44/4, paragraph 3, shall be liable to imprisonment for a month to six months and to a fine of between twenty-six and five hundred francs, or to a fine of only one month to six months.
The provisions of Book I of the Penal Code, including Chapter VII and Article 85, are applicable to this offence. »
Art. 192. In section 45 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "of the gendarmerie and the judicial police near the prosecutors" are replaced by the words "of the federal police and the local police";
2° Paragraph 2 is replaced by the following provision:
"The local police officers normally carry out their missions to the territory of the police zone. »
Art. 193. In section 47 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "of the gendarmerie and the judicial police near the prosecutors" are replaced by the words "of the federal police";
2° in paragraph 2, the words "square commissioners" are replaced by the words "the liaison officers referred to in section 134 of the provincial law";
3° paragraphs 3 and 4 are replaced by the following:
"The municipality or, where appropriate, the multi-communal area is responsible for the damage caused by local police officials in the functions to which the State, the municipality or the multi-communal area has employed them, as the contractors are responsible for the damage caused by their officers.
The municipality or, where appropriate, the multi-communal area may appeal against the State for damage caused by the local police officer in the missions entrusted to it by the State. »
Art. 194. In section 48 of the Act, the following amendments are made:
1° in paragraph 1^er, the words ", to the pluricommunal zone" are inserted between the words "the commune" and "or to third parties";
2° the following paragraph is inserted between paragraph 1^er and paragraph 2:
"A proxy, officer or body of the State, the commune or the multi-communal area, a victim of a work accident caused by one of the police officers referred to in section 47, cannot bring a civil liability action against that police officer unless the police officer has intentionally caused the work accident. »;
3° in paragraph 2, which becomes paragraph 3, the words "previous paragraph" are replaced by the words "paragraph 1^er "
Art. 195. In Article 49 of the Act, the words "or the commune" in § 1^erParagraph 1^er, and § 2, are replaced by the words ", the commune or the multi-communal zone".
Art. 196. In section 50 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or the commune" are replaced by the words ", the commune or the multi-communal zone";
2° Paragraph 2 is replaced by the following provision:
"As for the actions of federal police personnel, the state is still represented by the Minister of the Interior. »
Art. 197. Section 51 of the Act is supplemented by the following paragraph:
"When one of these faults is established, the State, the municipality or the multi-communal area decides, after hearing the police officer, whether the police officer must bear all or part of the legal costs. »
Art. 198. In section 52 of the Act, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "or the former police officer" are inserted between the words "art. 47" and the words "that is", and the words ", the pluricommunal area" are inserted between the words "the commune", and "or the state";
2° § 1^erParagraph 2 is replaced by the following provision:
"The same is true for the police officer referred to in section 47 or the former police officer who, either in his capacity as a police officer and because of the performance of his duties, is a victim of an act that has resulted in at least one day's absence for health reasons, or, because of his only capacity as a police officer, is a victim of a consequent revenge act. »;
3° § 1^er is completed by the following paragraph:
"In the event of the death of the police officer or former police officer, the right to legal assistance referred to in paragraphs 1^er and 2 shall return to the persons entitled in the order set out in section 4 of the Act of 12 January 1970 on the granting of a special allowance in the event of an aeronautical accident in peacetime. »;
4° in § 2, the words "or the commune" are replaced by the words ", the commune or the pluricommunal zone";
5° in § 3, paragraph 1^er, the words "multi-communal zone" are inserted between the words "community" and "or state";
6° § 3, paragraph 2, is supplemented by the words "or has, as a victim, refused from the outset and without grounds founded the criminal mediation referred to in Article 216ter, § 1^erParagraph 1^erthe Code of Criminal Investigation";
7° in § 5, paragraph 1^er, the words "or by the commune" are replaced by the words "by the commune or by the multi-communal zone";
8° § 5, paragraph 2, is replaced by the following provision:
"The prosecution of federal police personnel is the responsibility of the Ministry of the Interior. »;
9° § 5, paragraph 3, is replaced by the following provision.
"The legal assistance of the members of the local police is the responsibility of the municipality or, if any, of the multi-communal area, except the remedy of the municipality against the State if the local police officer is appealed to justice for acts performed during a mission carried out on behalf of the State. »;
10° in § 6, the words "or the commune" are replaced by the words ", of the commune or of the pluricommunal zone".
Art. 199. In section 53 of the Act, the following amendments are made:
1° § 2 is replaced by the following provision:
"The compensation is the responsibility of the State for the police officers of the federal police, the responsibility of the province for the liaison officers referred to in section 134 of the provincial law and the responsibility of the municipality or, where applicable, the multi-communal area, for the police officers of the local police. »;
2° in §§ 4 and 5, the words "or the commune" are replaced by the words ", the commune or the pluricommunal zone";
3° § 6 is replaced by the following provision:
"The compensation is the responsibility of the Ministry of the Interior for federal police personnel. »
Art. 200. In the same Act, an article 53bis is inserted, which reads as follows:
"Art. 53bis. For the purposes of this chapter, auxiliary police officers are assimilated to police officers. »
Art. 201. In the same Act, an article 53ter is inserted, as follows:
"Art. 53ter. The Police Service Act of 5 August 1992 is called the Police Service Act. »
PART VII. - Other amendments and abrogations
CHAPTER I. - Amendments to the new communal law
Art. 202. In section 133bis of the new communal law, the following amendments are made:
1° in paragraph 1^er, inserted by the Act of 15 July 1992 and amended by the Act of 3 April 1997, the words “articles 133, paragraphs 2 and 3, 171bis, paragraphs 1^er and 3, 172, § 1^er, and 175" are replaced by the words "section 133, paragraphs 2 and 3, and sections 42, 43 and 45 of the Act of 7 December 1998 organizing an integrated, two-tiered police service. »;
2° this paragraph is supplemented by the following sentence: "In the unicommunal zones, this right is extended to the powers conferred on the mayor by Article 45 of the Law of 7 December 1998 organizing an integrated police service, structured at two levels. »;
Paragraph 2, introduced by the Act of 3 April 1997, is repealed.
Art. 203. In article 143, paragraph 2, of the same law replaced by the law of 16 July 1993, the words "of the communal police and" and the words "the provisions of title IV of the municipal police and" are deleted.
Art. 204. In article 144, paragraph 1^er, from the same Act, replaced by the Act of 16 July 1993, the words "under section 189 of this Act and" are deleted.
Art. 205. Section 156 of the Act is supplemented by the following paragraph:
"For members of the police who were placed on pre-retirement leave, pursuant to section 238 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels the increase in pension provided for in paragraph 3 is granted only for the portion of the pension that corresponds to the period preceding the pre-retirement leave. »
Art. 206. Section 158, paragraph 2, of the Act is supplemented by the following words:
"except for staff referred to in section 238 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, for which this maximum age is set at 4 years after the age of pre-retirement leave, but without being able to exceed 60 years. "
Art. 207. Part IV of the Act, including sections 170 to 230, is repealed.
Art. 208. The following amendments are made in section 255 of the Act:
1° in 5°, the words ", members of the communal police force" are deleted;
2° the article is completed by an 18°, written as follows:
"18° the expenses that are borne by the municipality by or under the law of 7 December 1998 organizing an integrated police service, structured at two levels, including, in the multi-communal areas, the allocation of the commune to the police zone. »
Art. 209. Paragraphs 1^er and 2, 265 and 266 of the same law, replaced by the Royal Decree of 30 May 1989, the words ", the police council or the police college" are inserted after the words "municipal authority".
Art. 210. Section 270 of the Act is supplemented by the following paragraph:
"In multi-communal areas, the Police College exercises the competence assigned by paragraph 1 for the police area.^er at the College of Bourgmestre and Echevins. The authorization provided for in paragraph 2 is given by the police council. »
CHAPTER II. - Amendments to the Act of 7 April 1919 establishing officers and judicial officers near the Public Prosecutor ' s Office
Art. 211. In the Act of 7 April 1919 establishing officers and judicial officers near the prosecutors, as amended by the Acts of 21 August 1948, 27 March 1969, 2 December 1982, 18 July 1991, by the Royal Decree of 5 August 1991 and by the Act of 7 August 1992, the following amendments are made:
1° the title of the law is replaced by the following title:
"An Act respecting certain statutory provisions relating to officers and judicial officers near the prosecutors";
2' Article 1^erParagraph 1^er, is replaced by the following provision:
"The King may establish officers and judicial officers. »;
3° Articles 1^erParagraph 2, 3, paragraph 2, 7, 8, paragraphs 2 to 4, 10, 12 and 13 are repealed.
CHAPTER III. - Repeal of the Act of 2 December 1957
on the gendarmerie
Art. 212. The Act of 2 December 1957 on gendarmerie amended by the Acts of 8 April 1969, 29 December 1975, 4 March 1987, 18 July 1991, 13 July 1992, 9 December 1994, 20 December 1995, 3 April 1997 and 17 November 1998 and by the Royal Decree of 23 April 1997, is repealed.
Article 11 of the Act is, however, maintained in force for the determination of the status of origin of members of the special police category and for the transferred military personnel who are part of the administrative and logistical corps of the gendarmerie.
CHAPTER IV. - Amendments to the Code of Criminal Investigation
Art. 213. In section 9 of the Code of Criminal Investigation amended by the Acts of 10 July 1967, 10 October 1967, 11 February 1986, 3 August 1992, 4 March 1997 and 12 March 1998, the following amendments are made:
1° the words "by the staff of the municipal police dressed as a judicial police officer" are deleted;
2° the words "By gendarmerie officers" are replaced by the words "By members of the federal police and the local police dressed in the capacity of judicial police officers".
Art. 214. Chapter II of Book I of the same Code is deleted.
Art. 215. In section 16 of the same Code, the following amendments are made:
1° in paragraph 1^er, amended by the law of 11 February 1986 and the Royal Decree of 5 August 1991, the words "field guards referred to in section 203 of the new communal law, the" are deleted;
2° in paragraph 3, as amended by the Act of 11 February 1986, the words "member of the municipal police" are replaced by the words "police officer".
Art. 216. In Article 17 of the same Code, as amended by the Law of 11 February 1991 and the Royal Decree of 5 August 1991, the words "field guards referred to in Article 203 of the new communal law" are deleted.
Art. 217. In sections 20 and 21 of the same Code, respectively replaced and amended by the Act of 11 February 1986, the words "member of the municipal police" are replaced by the words "police officer".
Art. 218. In article 28ter, § 3, paragraph 2, of the same Code, inserted by the law of 12 March 1998, the words "in article 6 of the law of 5 August 1992 on the police function and, with regard to the gendarmerie, articles 44 to 50 of the law of 2 December 1957 on the gendarmerie" are replaced by the words "in articles 8 to 8/3 and 8/6 to 8/8 of the law on the federal police function and,
Art. 219. An article 47quater, as follows, is inserted in the same Code:
"Art. 47quater. A federal magistrate is responsible for overseeing the operation of the General Directorate of the Federal Police Judicial Police. In particular, the magistrate ensures that specialized judicial missions are carried out by this general management in accordance with the requisitions and directives of the competent judicial authorities.
A federal magistrate is responsible for the specific monitoring of the operation of the "Corruption Enforcement Service" in the general direction of the Federal Police Judicial Police. The judge reports annually to the Minister of Justice. The report is communicated to the Legislative Chambers by the Minister of Justice. This magistrate may be auditioned by Parliament on the general functioning of the "Corruption Enforcement Service". »
Art. 220. In article 48 of the same Code, as amended by the Acts of 10 July 1967 and 10 October 1967, the words "gendial officers" are replaced by the words "members of the federal police and the local police as judicial police officer, auxiliary to the King's Prosecutor".
Art. 221. Section 50 of the same Code, as amended by the Act of 10 July 1967 and by the Royal Decree of 5 August 1991, is repealed.
Art. 222. In section 56, § 2, paragraph 2, of the same Code, inserted by the law of 12 March 1998, the words "in section 6 of the law of 5 August 1992 on the police function and, with regard to the gendarmerie, articles 44 to 60 of the law of 2 December 1957 on the gendarmerie" are replaced by the words "in articles 8 to 8/3 and 8/6 to 8/8 of the law on the federal police function and, for that purpose,
CHAPTER V. - Amendments to the Organic Law of 18 July 1991 on the Control of Police and Intelligence Services
Art. 223. Article 3, paragraph 1^er, 1°, of the Organic Law of 18 July 1991 on the Control of Police and Intelligence Services is replaced by the following provision:
"1° "police services", in addition to the local police and the federal police, the services of public authorities and public bodies, whose members are in the capacity of judicial police officers or judicial police officers; "
Art. 224. Section 7 of the Act is replaced by the following provision:
“Art. 7. § 1^er. For the purposes of this chapter, "the competent ministers" means, as the case may be:
1° the Minister of Justice for:
(a) the exercise by the police of judicial police missions;
(b) the exercise by the federal police of State security missions;
2° the Minister of the Interior to:
(a) the exercise by the police of administrative police missions;
b) the organization and management standards of the local police.
§ 2. For the purposes of this chapter, "the competent authorities" means:
1° the Attorney General near the Court of Appeal, the Federal Prosecutor and the Crown Prosecutor for the execution of judicial police missions by the police in their respective jurisdictions;
2° the territorially competent mayor for the exercise of administrative police missions by the police services in the municipal territory;
3° the mayor or the police college, for the organisation, management and direction of the local police force. »
CHAPTER VI. - Amendments to Provincial Law
Art. 225. In section 69, 3°, of the provincial law, introduced by the law of December 22, 1989, the words "Commissioner of Brigade, referred to in section 206 of the new communal law" are replaced by the words "the liaison officers referred to in section 134".
Art. 226. Section 128 of the Provincial Law, as amended by the Act of 27 May 1975, is replaced by the following provision:
"Art. 128. The Governor is responsible for maintaining public order in the province, namely public tranquility, safety and security.
This can involve the federal police. To this end, he then addresses the Administrative Coordinator.
It ensures good cooperation between police services and between police areas in the province.
It may be mandated by the competent ministers of special security and police missions. »
Art. 227. The title X of the same Act is supplemented by the words "and liaison officials".
Art. 228. In section 133 of the Act, the following amendments are made:
1° in paragraph 1^er, amended by the Act of 6 July 1987, the words "in their district(s)" are deleted;
2° Paragraph 2, inserted by the Act of 30 January 1924 and amended by the Acts of 29 June 1976 and 6 July 1987, is repealed.
Art. 229. Section 134 of the Act, repealed by the Act of 6 July 1987, is reintroduced under the following wording:
"Art. 134. One or more police liaison officers are seconded to the governor of the province. They assist the provincial governor and the borough commissioners in their security and police missions and perform their duties under the authority of the governor.
The King determines the number of liaison officers per province. The liaison officer shall be appointed by the provincial governor in accordance with the conditions established by the King. »
CHAPTER VII. - Amendments to the Rural Code
Art. 230. Section 61, paragraph 2, of the Rural Code, replaced by the Act of 30 January 1924 and amended by the Act of 11 February 1986, is replaced by the following provision:
"These guards are subject to the quality of a judicial police officer in cases for which they are competent for the investigation and finding of offences. »
Art. 231. Section 66 of the same Code, as amended by the Act of 11 February 1986, is repealed.
Art. 232. In section 67 of the same Code, as amended by the Act of 11 February 1986, the words "field guards referred to in section 182 of the new communal law" are replaced by the words "local police officers".
Art. 233. Article 69, paragraph 1^er, of the same Code, replaced by the Act of 11 February 1986, is replaced by the following provision:
"In the cases provided for in Article 68, the state, municipal and public institutions shall not, under penalty of a fine of 25 francs, refuse to accompany the members of the local police or the federal police who require their presence. »
CHAPTER VIII. - Amendment of the Act of 22 July 1993 on certain measures relating to public service
Art. 234. Article 3, § 3, 6°, of the Act of 22 July 1993 on certain measures relating to the public service, renumbered by the Act of 20 May 1997, is replaced by the following provision:
"6° the federal police."
PART VIII. - Transitional provisions
CHAPTER I. - Staff
Section 1. - Local police
Art. 235. The members of the municipal police force, including the police officers and the members of the federal police operational framework assigned to the territorial brigades and designated by the King, in accordance with the conditions and conditions established by a Royal Decree deliberated in the Council of Ministers, shall enter the operational framework of the local police.
The members of the administrative and logistical framework of the municipal police force move to the administrative and logistical framework of the local police.
Municipal non-police personnel assigned to municipal police forces can move to the administrative and logistical framework of the local police.
The military, the transferred military and the civilians who are part of the administrative and logistical corps of the federal police, and the auxiliary civilian personnel of the federal police who are assigned to the territorial brigades and who are designated by the Minister of the Interior, pass to the administrative and logistical framework of the local police.
Art. 236. The personnel referred to in the preceding article are subject to the provisions that establish the status or legal position of the members of the operational framework or administrative and logistical framework of the federal police and local police.
However, they may decide to remain subject to the laws and regulations which, as the case may be, are applicable to members of the municipal police and to non-police communal personnel assigned to the communal police bodies and members of the administrative and logistical framework of the communal police forces.
The same is true for the members of the operational corps of the gendarmerie, for the members of the special police category of the gendarmerie, for the military, for the soldiers transferred and for the civilians of the administrative and logistical corps of the gendarmerie and for the auxiliary civilian personnel of the gendarmerie who made use of the faculty opened by section 242, paragraph 2.
The decision referred to in paragraphs 2 and 3 shall be taken within three months of the entry into force of this Article and shall be communicated in writing by the staff member concerned to the competent authority. Once in a local police force, the staff member referred to in paragraphs 2 and 3 may at any time request to be subject to the provisions referred to in paragraph 1^er.
In this case, however, sections 123 to 127 and 129 to 132 apply to police officers, sections 123, paragraphs 2, 127 and 129 to 132 apply to police officers, and sections 125, paragraphs 1^er 4; 126, §§ 1^er and 2, 127, paragraphs 1^er and 2, 129 to 132 apply to members of the administrative and logistical framework.
Amendments to the laws and regulations referred to in paragraph 2, after the date of their passage are also applicable.
Art. 237. Police officers of the municipal police who, as of the date of the formation of the local police, have attained the age of sixty years are on board provided that they have at least twenty-five years of eligible services for the opening of the right to pension in the public sector, with the exception of education bonuses and other enhanced periods as services allowed to fix the treatment.
Art. 238. The municipal council or the police council may, within a period of not more than two years beginning on the date of entry into force of this section, and under the conditions determined by the King, decide to establish a voluntary leave measure prior to the retirement of members of the local police of the grade of police officers and for other classes of members of the local police that are not less than 56 years old and less
Art. 239. A waiting treatment equal to 80% of the last activity treatment is allocated to staff on voluntary leave prior to retirement. Last activity pay is the last annual salary allocated for full benefits, the supplementary salary and the amounts collected for irregular benefits. The holiday toll and end-of-year premium are awarded in the same proportions.
Statutory officers who receive leave under paragraph 1^er may, for prior authorization, engage in professional activity. In the case, however, where the revenues of this occupational activity exceed the cumulative limits set out in sections 4 and 9 of the Act of 5 April 1994 regulating the accumulation of public-sector pensions with income from a professional activity or with a replacement income, the waiting treatment will be reduced or eliminated in the same way as a pension.
The financial and administrative status of staff on voluntary leave prior to retirement is determined by the King.
It is considered, for both the granting and the calculation of the retirement pension, the time during which the employee was placed on voluntary leave prior to retirement. For the establishment of the average normal treatment referred to in section 156, paragraph 2, of the new communal law, consideration shall be given to the treatment of which the person concerned would have benefited if he had remained in service. This average treatment is, in addition, constituted by the salary scale and the salary supplements taken into account for the calculation of the pension that the agent would have benefited if he had remained in service.
Art. 240. Brigade Commissioners who are on the day on which this Act comes into force may continue to perform their duties with the maintenance of their status. Their duties are those of liaison officials referred to in section 134 of the provincial law. Pursuant to section 69, 3°, of the Act, the provincial council guarantees the necessary credits to cover expenses related to their function.
However, brigade commissioners may also apply, in accordance with the conditions established by the King, to an appointment or appointment to a position in the police services.
Section 2. - Federal Police
Art. 241. Without prejudice to section 235, the members of the operational and special police personnel of the gendarmerie and the judicial police officers and officers of the judicial police near the prosecutors pass within the operational framework of the federal police.
Without prejudice to section 235, the military, the transferred military and the civilians who are part of the administrative and logistical corps of the gendarmerie, the auxiliary civilian personnel of the gendarmerie, the auxiliary personnel of the judicial police near the prosecutors and the contractual personnel of the general police support service are placed within the administrative and logistical framework of the federal police.
Art. 242. The personnel referred to in the preceding article are subject to the provisions that establish the status or legal position of the members of the operational framework or administrative framework of the federal police and local police.
However, it may decide to remain subject to the laws and regulations which, as the case may be, are applicable to members of the gendarmerie's operational corps, members of the gendarmerie's special police personnel category, judicial officers and officers of the judicial police near the prosecutors, the military, the transferred military and the civilians of the administrative and logistical corps of the gendarmerie and the judicial police near the prosecutors.
The decision referred to in paragraph 2 shall be taken within three months after the entry into force of this section and shall be communicated in writing by the staff member concerned to the competent authority. Once in the federal police, the staff member may at any time request to be subject to the provisions referred to in paragraph 1^er.
In the case referred to in paragraph 2, sections 123 to 127 and 129 to 132 apply to them.
The amendments made after the date of their passage to the laws and regulations referred to in paragraph 2 are also applicable to them.
Art. 243. The King shall determine, on the proposal of the Minister of Justice and the Minister of the Interior, the statutory and contractual personnel of the public prosecutors who shall pass to the administrative and logistical corps of the federal police on the date of the coming into force of this Act.
Staff members referred to in the preceding paragraph are subject, when they come into force, to the provisions that determine the status or legal position of members of the administrative framework of the federal police and the local police.
However, they may decide to remain subject to the laws, decrees and regulations applicable to statutory and contractual staff of prosecutors.
The decision referred to in paragraph 3 shall be taken within three months after the entry into force of this section and shall be communicated in writing by the staff member concerned to the competent authority. Once in the administrative and logistical framework of the federal police, the staff member may at any time request to be subject to the provisions referred to in paragraph 2.
In this case, however, articles 125, 126, §§ 1^er and 2, 127, paragraphs 1^er and 2, 129 to 132 are applicable to them.
The amendments made after the date of their passage to the laws and regulations referred to in paragraph 2 are also applicable to them.
They may, for a period of ten years from the time of their visit, be a candidate for the jobs of Chief Secretary, Secretary, Assistant Secretary and Editor, under the conditions provided for in sections 182, 183, 273 to 280bis and 282 of the Judicial Code. In this case, seniority acquired in the administrative and logistical framework of the federal police is assimilated to seniority in the public prosecutor's office.
Art. 244. Each member of the judicial police officers near the prosecutors and each member of the gendarmerie's supervisory and research brigades are appointed to the general management of the judicial police or to the deconcentrated judicial services, unless they choose another function in the federal police and are assigned to them.
Art. 245. Officers and judicial officers who, as of the date of entry into force of this section, have attained the age of sixty years, shall be provided on an ex officio basis provided that they have at least twenty-five years of eligible services for the opening of the right to pension in the public sector, with the exception of education bonuses and other enhanced periods as services allowed for the fixation of treatment.
During the period beginning on the day on which this section comes into force and ending on the day on which section 241 comes into force, judicial officers and officers shall be on the first day of the month following the date on which they reach or reach the age of sixty and meet the condition of eligible services referred to in the preceding paragraph.
Art. 246. The Ministers of the Interior and Justice shall define the bodies that replace, for the purposes of the performance of the laws and regulations relating to the status of personnel referred to in sections 241 to 243, the bodies deleted by or under this Act.
Section 3. - Common provision
Art. 247. The King shall, by a deliberate decree in the Council of Ministers, and in accordance with Article 122, paragraph 1^erthe terms and conditions of the first appointment to the positions of Commissioner General, Director General, Administrative Coordinator, Federal Police Judicial Director, Local Police Corps Chief and Inspector General.
CHAPTER II. - Organization
Art. 248. The local police is formed by a group of police zones, when the King finds that the following conditions necessary to allow the formation of a local police are met:
1° the territorial spring of the area is fixed in accordance with Article 9;
2° the strength and frame of the local police force is fixed in accordance with sections 38 and 47;
3° the federal staffing of the police area provided for in section 41 is fixed;
4° in a uni-communal area, the budget for expenses incurred by the local police force is in accordance with the minimum standards. In a multi-communal area, communal staffing and distribution of inter-community staffing is established in accordance with minimum standards. These minimum standards are set in accordance with section 39;
5° the zonal security plan approved in accordance with Article 37 shall include the resources necessary to carry out the tasks referred to in Articles 61 to 64.
The Royal Decree constituting the local police puts articles 202 to 210, 225 and 235 to 239 in force in this area of police.
The members of the territorial brigades of the federal police have a priority to fill the difference between the minimum strength of the area as determined by the King in the execution of section 38 and the current overall strength of the municipal police.
The allocation of jobs from the local police force in the exercise of an authority ensures a proportional distribution of jobs to former members of the municipal police and territorial brigades of the federal police.
Art. 249. Prerequisite to the constitution of the local police, police agreements between the Minister of the Interior and the municipalities of an area can be concluded. These conventions contain the terms and conditions, including the designation in the area of a chief of police directing all the police bodies present, according to which the communal police force(s) and the territorial police brigade(s) of the federal police are the subject of an association in which they operate as a single operational unit under the authority of the court or village(s) of that commune(s) and, for the missions These conventions may only be concluded after the conditions provided for in Article 248, 1° to 5°, have been met.
Art. 250. In police areas where there are no local police officers, the local gendarmerie brigades become the territorial brigades of the federal police and provide, in the courts that were the gendarmerie brigades, the administrative and judicial police missions to the local police force by section 3. These missions are carried out jointly with the municipal police.
Sections 16, 21, 35, 44, paragraphs 2, 5 and 6, 51, 51 and 54 bis of the Act of 2 December 1957 on the gendarmerie are maintained in force with respect to the territorial brigades of the federal police until the date of the formation of the local police forces. The King may regulate the organization and operation of the Federal Police Territorial Brigades.
Art. 251. Any procurement proceedings, work supplies or services for the purposes of the gendarmerie, the judicial police near the prosecutors or the general police support service shall be validly pursued by the Minister of the Interior or his delegate on the date of entry into force of this section.
The same principle applies to the execution of contracts awarded before the same date.
CHAPTER III. - Missions
Section 1. - Local police
Art. 252. Missions and competencies that the laws and regulations entrust to the municipal police or its personnel are exercised by the local police or its personnel.
Section 2. - Federal Police
Art. 253. The duties and competencies that the statutes and regulations entrust to the gendarmerie or the judicial police near the prosecutors or their staff are exercised by the federal police or its personnel.
The general police missions and the competencies that the laws and regulations entrust to the maritime police, the aeronautical police and the railway police or their personnel are exercised by the federal police or its personnel.
Police officers who pass to the operational body of the federal police and who, prior to the coming into force of this Act, had the status of an administrative police officer, a judicial police officer or a judicial police officer, an auxiliary to the King's prosecutor, retain this quality.
Art. 254. Until their repeal, the directives, instructions and orders of the competent authorities that are related to the exercise of their duties by the gendarmerie and the judicial police near the prosecutors remain applicable to the exercise of their duties by the federal police.
Art. 255. The Federal Police continues to carry out all the requisitions that had been entrusted to the gendarmerie or the judicial police near the prosecutors.
CHAPTER IV. - Miscellaneous provisions
Art. 256. The deliberations of the municipal council taken prior to the coming into force of this Act continue, with regard to administrative guardianship, to be governed by the rules that were in force at that time.
Art. 257. By derogation from section 92, the first national security plan is prepared jointly by the gendarmerie, the judicial police near the prosecutors, and the general police support service.
PART IX. - Final provisions
Art. 258. § 1^er. It is established a negotiating committee for police services. The committee is competent for staff of the operational and administrative and logistical framework of the police services and for staff referred to in sections 235, 241 and 243.
§ 2. By derogation from the contrary legal or regulatory provisions, regulations that, under the trade union status of each category of personnel referred to in § 1^er, cannot be taken without a prior negotiation or consultation with representative trade union organizations, are negotiated or agreed upon within the Police Services Negotiating Committee.
The Police Services Negotiating Committee is also competent for all matters which, by applying the status of each category of personnel referred to in § 1^er, are subject to consultation within a higher committee of consultation.
§ 3. Each trade union organization that, before the effective date of this Act, sits in a bargaining committee that is competent for one of the categories of personnel referred to in § 1^er, sits in the Police Services Negotiating Committee.
The Police Services Negotiating Committee, co-chaired by the Minister of the Interior and the Minister of Justice, is composed on the one hand, of the delegation of the authorities and on the other hand, of the representative trade union organizations which, on the day that this provision comes into force, sit in a competent bargaining committee for one of the categories of personnel referred to in § 1^er.
The delegation of the authorities is composed, including presidents, up to ten members. The chairpersons select members from among the persons who, regardless of their quality, are competent to engage the public authorities concerned, being of course that the ministers with the matter submitted to the negotiating committee are, inter alia, part of the delegation of the authorities. Presidents and other members of the authorities may be replaced by a duly mandated delegate. The delegation of the authorities can be accompanied by technicians.
Each trade union organization freely constitutes its delegation. It consists of up to seven members. The delegation of each trade union organization can be accompanied by a maximum of three technicians per item on the agenda.
Neither the absence of one or more members of the delegation of the authorities convened regularly, nor that of one or more delegations of trade union organizations convened regularly, invalidates negotiations.
§ 4. The rules of operation prescribed by the Royal Decree of 28 September 1984 implementing the Act of 19 December 1974 organizing relations between the public authorities and the unions of the agents under these authorities are applied to the bargaining committee for the police services.
Art. 259. The King may align the provisions of this Act and the Police Function Act, as well as the existing legislation applicable to the gendarmerie, the judicial police near the prosecutors, the municipal police and the maritime, aeronautical and railway police, as well as to the members of these services, by making the necessary modifications by the integration of the police services into the integrated police service,
The Royal Coordination Order will be the subject of a bill of ratification to be submitted to the Legislative Chambers during the session if they are met, otherwise at the beginning of their next session.
Art. 260. Articles 1^er, 2, 5, 9, 121 to 127 and 130 to 133, 139, 141, 142, 197 and 198, 2°, 3° and 6°, 245 and 258 come into force on the day of the publication of this Act to the Belgian Monitor.
Until the constitution of the federal police and the local police, sections 122, paragraph 2, 123, 125, paragraphs 2 and 3, 126, 127, paragraphs 2 and 3, 130, paragraphs 2 and 3, 131, paragraphs 2 and 3, and 132 apply to members of the municipal police, to members of the operational corps and of the special police of the gendarmerie, and to officers and officers of the judicial police
During the period referred to in paragraph 2, the competence assigned by section 126, § 2, shall be exercised according to the following distinctions:
1° by the Minister of the Interior and the Minister of Justice, jointly, in respect of the members of the operational and special police personnel of the gendarmerie, the military, the transferred military, the civilians who are part of the administrative and logistical corps of the gendarmerie, and the auxiliary civilian personnel of the gendarmerie;
2° by the Minister of Justice, in respect of the officers and officers of the judicial police near the prosecutors, the auxiliary staff of the judicial police near the prosecutors, and the statutory and contractual personnel of the prosecutors in service to the judicial police;
3° by the Minister of the Interior and the Minister of Justice, jointly, with respect to the contracting staff of the General Police Support Service;
4° by the mayor, in respect of the members of the municipal police and auxiliary police officers of the municipal police.
The King shall determine the date of entry into force of Articles 4, 6 to 8,11, 38, 39, 41, 47 to 60, 65 to 90, 93, 94, 96, paragraph 2, 98,106,108,128,149, 247 and 257, which shall not be later than 1^er January 2000.
The King shall determine the date of entry into force of the other sections of this Act, which may not be later than 1^er January 2001.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 December 1998.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1997-1998:
House of Representatives.
Parliamentary documents. - Bill No. 1676/1. - Amendments, n^bones 1676/2 to 4. - Opinion of the Council of State, no. 1676/5. - Amendments, n^bones 1676/6 and 7. - Report, no. 1676/8. - Text adopted by the Commission, No. 1676/9. - Amendments, no. 1676/10. - Text adopted in plenary and transmitted to the Senate, No. 1676/11.
Annales parliamentarians. - Discussion and adoption. Meetings on 21 and 22 October 1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1127/1. - Project not mentioned, no. 1-1127/2.