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10 FEBRUARY 1998. An Act to supplement the Judicial Code with respect to the appointment of additional judges (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Paragraph 1 of section 64 of the Judicial Code is replaced by the following paragraph:
"Alternate judges may be appointed to the headquarters of one or more peace courts and one or more police courts. »
Art. 3. Section 69, paragraph 2, of the same Code, inserted by the Act of 11 July 1994, is replaced by the following provision:
"A justice of the peace may also be appointed by the King as a complementary police judge and also as a justice of the peace of another canton. » .
Art. 4. In chapter II of title I of book I of the last part of the same Code, it is inserted a section VIbis, entitled "Section VIbis. Complementary judges » and containing an article 86bis as follows:
"Art. 86bis. The King may appoint additional judges per court of appeal or the court of work. Their number per court may not exceed one-tenth of the total number of judges of the headquarters of the courts of first instance, the courts of commerce and the labour courts located in that jurisdiction, as determined by the law referred to in article 186, paragraph 4.
Complementary judges are appointed by the King to temporarily exercise their functions according to the requirements of the service, either in one or more courts of first instance, or in one or more commercial courts, or in one or more labour courts located in that jurisdiction. Their mission ends on the expiry of the term for which they were designated, except for extension; for the cases in which the debates are under way or in deliberation, their mission however continues until the judgment is pronounced.
The necessities of the service justify the appointment of a supplemental judge if the function is exercised to temporarily replace a judge who is unable to sit.
For the surplus, the requirements of the service must be based on a comprehensive assessment of the functioning of the courts concerned as well as the description of the exceptional circumstances justifying the addition of a judge and the concrete missions that the Comptroller will be required to meet these exceptional circumstances.
The King may, with respect to this assessment and description, appeal to the assistance of an expert who does not belong to the judiciary.
Where appropriate, the expert may assist the judicial authorities who are called to give their opinion.
The King takes precedence, on the necessity of service, the reasoned opinions of the first president of the Court of Appeal, if any of the first president of the Labour Court, the Attorney General and, as the case may be, the President of the Court of First Instance, the President of the Commercial Court or the President of the Labour Court, the Crown Prosecutor or the Labour Auditor.
Complementary judges shall only be appointed to the Court of First Instance, the Commercial Court or the Labour Court if they are appointed to these new functions.
Additional judges are subject to the provisions of sections III to VIII of this chapter. » .
Art. 5. In section 98 of the same Code, the following amendments are made:
1° Between the first and the second preambular paragraph, a new subparagraph is inserted, which reads as follows:
"The first president may also, where the necessities of the service so warrant, charge by order, in accordance with the Law on the Use of Languages in Judicial Matters, a judge of the Court of Appeal's jurisdiction, with its agreement, to carry out his duties, as a complementary measure and for a specified period of time, in another court of first instance or another court of commerce in that jurisdiction.
The same powers are exercised by the first president vis-à-vis the additional judges appointed by the King to carry out their duties with all the courts of first instance or of a court of appeal. »
2° In the fourth paragraph, which becomes the fifth, the first phrase is supplemented by the words "or at the expiry of the period referred to in the second paragraph".
Art. 6. In chapter III of title 1 of Book 1 of Part 2 of the same Code, a section V is inserted entitled "Section V. Appointments of counsellors from one Court to another" and comprising section 113bis as follows:
"Art. 113bis. When the necessities of the service justify it, the King may designate, at the request of a first president of a court of appeal, or upon requisition of the Attorney General, in accordance with the Law on the Use of Languages in Judicial Matters, an adviser to a court of appeal for a specified period of time, with his agreement, his duties with a court of appeal of another jurisdiction, after having taken the opinion, as appropriate,
The same powers are exercised by analogy by the King with respect to the course of work.
Unless extended, the designation shall terminate the expiry of the period; However, for cases under debate or in deliberation, the designation will produce its effects until the decision is reached. »
Art. 7. In article 156bis of the same Code, the words "and commercial courts" are replaced by the words ", commercial courts, justices of the peace and police courts".
Art. 8. In Article 191, § 1 of the same Code, amended by the Act of 18 July 1991 and by the Act of 1 December 1994, the words "or judge of complement" are inserted between the word "judge" and the words "in court".
Art. 9. In article 191bis of the same Code, inserted by the law of 1 December 1994 on the training and recruitment of judges, the words "or judge of complement" are inserted between the word "judge" and the word "in accordance".
Art. 10. In Article 259ter, § 3, paragraph 1 of the same Code, the following amendments are made:
1° to 3° and 4°, the words "either from the borough in which the seat of the court of appeal is located when the committee has to render a notice for an appointment to the function of a judge of complement or substitute of supplement per spring", are inserted between the words "in accordance with § 1st" and the word "or";
2° to 6°, between the first and the second dash, a dash is inserted, as follows:
" - either of the sticker and three lawyers, from the borough in which the seat of the court of appeal is located, when the committee must render an opinion for an appointment to the function of a judge of complement per spring; "
Art. 11. In article 288, paragraphs 2 and 3, of the same Code, the words "Presidents, Vice-Presidents, Judges" are replaced by the words "Presidents, Vice-Presidents, Judges, Complementary Judges".
Art. 12. In article 291 of the same Code, the words "judges, social judges" are replaced by the words "judges, judges of supplement, social judges".
Art. 13. In article 301 of the same Code, the words "judges, substitute judges" are replaced by the words "judges, judges of supplement, alternate judges". .
Art. 14. In article 304 of the same Code, the words "the judge, the magistrate of the public prosecutor" are replaced by the words "the judge, the judge of supplement, the deputy judge, the magistrate of the public prosecutor".
Art. 15. In section 305 of the same Code, paragraph 3 is replaced by the following provision:
"The additional judges referred to in section 86bis and the additional substitutes of the King's Attorney and the Labour Auditor are required to reside in the jurisdiction where the court is established. »
Art. 16. In section 312 of the same Code, the words "judges, in the order of their appointment" are replaced by the words "judges and, if it buys, judges of supplement, in the order of their appointment".
Art. 17. In section 314, paragraph 4, of the same Code, the words " Vice-Presidents" are replaced by the words " Vice-Presidents, Complementary Judges" and the words "and Judges" are replaced by the words "Judges and Complementary Judges".
Art. 18. The following amendments are made to section 322 of the Code:
1° in paragraph 1st, the words "judge or an alternate judge" are replaced by the words "judge, a supplemental judge or an alternate judge";
2° in paragraph 2, the words "the judge whom he designates or an alternate judge" are replaced by the words "the judge whom he designates, by a judge of supplement or by an alternate judge";
3° in paragraph 3, the words "a judge, an alternate judge" are replaced by the words "a judge, a judge of supplement or an alternate judge".
Art. 19. In article 331, paragraph 2, of the same Code, the words "and judges of complement" are inserted between the words "judges" and "jurisdictions of first instance" and the words "and judges of the labour courts" are replaced by the words ", judges and judges of complement to the labour courts".
Art. 20. In section 355 of the same Code, the words "judge and substitute" are replaced by the words "judge, judge of supplement, substitute and substitute for supplement".
Art. 21. In Article 357, § 2, paragraph 1, of the same Code, the words "and the judges of complement" are inserted between the words "to judges" and the words "of a court of first instance".
Art. 22. Insert a new paragraph after the first paragraph in article 363 of the same Code, to read as follows:
"For the purposes of the first paragraph, the supplemental judges referred to in article 86bis, the supplemental substitutes of the King's Prosecutor and the supplemental substitutes of the work auditory are supposed to have their administrative residence at the seat of the Court of Appeal or the court of work of the spring where they are appointed. »
Art. 23. In section 410 of the same Code, the following amendments are made:
1° in paragraph 1st, the words ", and the judges of complement" are inserted between the words "judges" and the words "in the courts of first instance";
2° in paragraph 2, the words "judges and social judges" are replaced by the words "judges, judges of supplement and social judges".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 February 1998.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
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