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Law Amending The Law Of April 3, 1953, Of Judicial Organization, The Act Of 15 July 1970 Determining The Framework Of The Commercial Courts And Amending Act Of 10 October 1967 Containing The Judicial Code, The Law Of 2 July 1975 Determining The Framewo...

Original Language Title: Loi modifiant la loi du 3 avril 1953 d'organisation judiciaire, la loi du 15 juillet 1970 déterminant le cadre des tribunaux de commerce et modifiant la loi du 10 octobre 1967 contenant le Code judiciaire, la loi du 2 juillet 1975 déterminant le cadre du

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belgiquelex.be - Carrefour Bank of Legislation

20 JULY 1998. - An Act to amend the Act of 3 April 1953 of a judicial organization, the Act of 15 July 1970 defining the framework of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code, the Act of 2 July 1975 determining the framework of the personnel of the courts of first instance and articles 151 and 213 of the Judicial Code (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The table in section 1 of the Act of April 3, 1953, replaced by the Act of July 9, 1997, is replaced by the following table:
For the consultation of the table, see image
Art. 3. Table III "Tribunals of First Instance" annexed to the Act, replaced by the Act of 11 July 1994 and amended by the Acts of 27 December 1994 and 21 November 1996, is replaced by the following table:
III. Courts of first instance
For the consultation of the table, see image
Art. 4. The table "The number of the first substitutes of the King's Prosecutor in the Courts of First Instance" annexed to the Act and replaced by the Act of 11 July 1994, is replaced by the following table:
Number of First Deputy Crown Attorneys
in the courts of first instance.
For the consultation of the table, see image
Art. 5. The following table is annexed to the same Act:
Number of substitutes of the King's Prosecutor
specialized in tax matters in courts of first instance
For the consultation of the table, see image
Art. 6. The table in section 1 of the Act of 15 July 1970 defining the framework of the personnel of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code, replaced by the Act of 25 July 1974 and amended by the Acts of 23 September 1985, 28 December 1990 and 30 March 1994, is replaced by the following table:
For the consultation of the table, see image
Art. 7. The table in section 1 of the Act of 2 July 1975 defining the staff of the courts of first instance, replaced by the Act of 11 July 1994 and amended by the Act of 27 December 1998, is replaced by the following table:
For the consultation of the table, see image
Art. 8. Section 151, paragraph 4, of the Judicial Code, inserted by the Act of 4 August 1986 and amended by the Act of 28 December 1990, is repealed.
Art. 9. Section 213, paragraph 1, of the same Code, replaced by the Act of 9 July 1997, is replaced by the following paragraph:
"The number of presentations by provincial councils or language groups of the Council of the Brussels-Capital Region to vacancies in councillor is determined as follows:
1st Court of Appeal of Antwerp.
The Provincial Council of Antwerp has 33 seats.
The Limburg Provincial Council has 15 seats.
2nd Brussels Court of Appeal.
The French language group of the Brussels-Capital Region Council has 22 seats.
The Dutch language group of the Brussels-Capital Region Council has 7 seats.
The Flemish Brabant Provincial Council has 20 seats.
The Walloon Brabant Provincial Council has 7 seats.
3rd Court of Appeal of Ghent.
The Western Flanders Provincial Council has 23 seats.
The Eastern Flanders Provincial Council has 27 seats.
4th Court of Appeal in Liège.
Liege Provincial Council is 23 seats.
The Namur Provincial Council has 9 seats.
The Luxembourg Provincial Council has 4 seats.
5th Mons Court of Appeal.
The Hainaut Provincial Council has 26 seats. »
Art. 10. The additional places of a judge in the court of first instance or in the court of commerce provided for in this Act may be occupied only by judges appointed simultaneously at several seats in the court of appeal concerned.
Art. 11. §1. For the following places provided for in the framework by this Act, the appeal to candidates may be made by way of publication to the Belgian Monitor only by a decision of the king in this sense, by royal decree deliberated in the Council of Ministers and on the basis of an assessment. If the King fails to make a decision, the appeal to the candidates will be filed no later than April 1, 2000:
- Counsel to the Court of Appeal:
- Antwerp: 1;
- Brussels: 1;
- Deputy Attorney General to the Court of Appeal:
- Antwerp: 1;
- Brussels: 1;
- Ghent: 1;
- Liege: 1;
- Mons: 1;
- Judge in the Court of First Instance:
- Antwerp: 2;
- Mechel: 1;
- Hasselt: 2;
- Tigers: 1;
- Brussels: 4;
- Louvain: 1;
- Ghent: 2;
- Short: 1;
- Liege: 2;
- Namur: 1;
- Charleroi: 1;
- Judge of the Commercial Court of:
- Antwerp: 1;
- Brussels: 1;
- Short: 1;
- a substitute for the King's Prosecutor in the Court of First Instance:
- Antwerp: 2;
- Mechel: 1;
- Turnhout: 1;
- Hasselt: 2;
- Brussels: 4;
- Louvain: 2;
- Straps: 1;
- Ghent: 1;
- Bruges: 1;
- Short: 1;
- Huy: 1;
- Liege: 1;
- Namur: 2;
- Charleroi: 1;
- Mons: 1;
- Tournai: 1;
- Clerk of the court of first instance:
- Antwerp: 4;
- Hasselt: 1;
- Brussels: 7;
- Ghent: 1;
- Bruges: 1;
- Charleroi: 1;
- Clerk in the Commercial Court of:
- Antwerp: 1;
- Mechel: 1;
- Hasselt: 1;
- Tigers: 1;
- Brussels: 1;
- Ghent: 1;
- Bruges: 1;
- Short: 1;
- Charleroi: 1;
- Mons: 1.
§ 2. Until April 1, 2000, the King may by order deliberately in the Council of Ministers, proceed, on the basis of the assessment referred to in § 1st, to an amendment of the distribution between the various districts, as provided for in the same paragraph, while ensuring that the total number of additional places is not exceeded. The order ceases to produce its effects at the end of the twelfth month following its entry into force, unless it has been confirmed by law before that date.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 July 1998.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1997-1998
Senate
Parliamentary documents. - Bill No. 953/1 of 15 April 1998. Amendments No. 953/2. Report No. 953/3 of 17 June 1998 by Mr. Vandenberghe. - Text adopted by commission No. 953/4.
Annales parliamentarians. - Discussion. Meeting of 24 June 1998. - Adoption. Meeting of 25 June 1998.
Regular session 1997-1998
House of Representatives
Parliamentary documents. - Project transmitted by the Senate No. 1633/1 of 29 June 1998. Amendments No. 1633/2. Report No. 1633/3 of 10 July 1998 by Mr. Giet. - Text adopted by Commission No. 1633/4.
Annales parliamentarians. - Discussion and adoption. Meeting of 16 July 1998.