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Act To Amend The Legal Status Of Detainees And Monitoring Of Prisons And Various Provisions On Justice (1)

Original Language Title: Loi modifiant le statut juridique des détenus et la surveillance des prisons et portant des dispositions diverses en matière de justice (1)

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http://www.ejustice.just.fgov.be/eli/loi/2016/12/25/2016009669/monitor

25 DECEMBER 2016. - An Act to amend the legal status of detainees and to monitor prisons and to make various provisions in respect of justice (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Code of Criminal Investigation
Art. 2. In section 29 of the Code of Criminal Instruction, last amended by the Act of 15 September 2013, the following amendments are made:
1° paragraph 2 is replaced by the following:
"However, officials of the General Administration of Taxation, the General Administration of Collection and Recovery, the General Administration of Heritage Documentation and the General Administration of the Special Inspectorate of Taxes, cannot, without authorization from the general adviser to whom they depend, bring to the attention of the Crown's prosecutor the criminally punishable acts under the tax laws and the decrees taken for their execution. ";
2° in paragraph 3, the words "The Regional Director" are replaced by the words "The General Counsel".
Art. 3. In the same Code, an article 75quater is inserted as follows:
"Art. 75quater. If a complaint is filed against or by a person who is referred to in sections 112quater and 112quinquies or who, in the course of his or her professional activities, is responsible for the research, finding, investigating, prosecuting, adjudication of offences or enforcement of the sentence, the minutes and other documents of the record shall not state his or her domicile or residence, but the person concerned shall communicate to which address
Quotations and meanings are validly made at this address, until the person concerned informs the King's prosecutor of a change in the domicile elected by registered mail.
In the event that a report or other record of the record mentions the domicile or residence of the person referred to in paragraph 1er, the Crown Prosecutor or, where applicable, the examining magistrate orders the removal of all records and replaces them by the address of the elected domicile referred to in paragraph 2.".
Art. 4. In the first book of the same Code, a chapter VII is inserted entitled "Protection of the identity of members of police services belonging to special units or charged with investigating or intervening on particularly serious offences".
Art. 5. In Chapter VIIquinquies, inserted by Article 4, it is inserted a section 1re entitled "Section 1re. Police officers within the leadership of the special units of the Federal Police".
Art. 6. In section 1re, inserted by Article 5, an article 112quater is inserted as follows:
"Art. 112quater. The identity of members of the police services within the management of the special units of the federal police is protected as part of the execution of the duties and interventions assigned to them by law.
To this end, the officer in charge of this direction assigns a code to the said members. "
Art. 7. In Chapter VIIquinquies, inserted by Article 4, a section 2 entitled "Section 2. Police officers responsible for investigating or intervening on particularly serious offences."
Art. 8. In section 2, inserted by section 7, an article 112quinquies is inserted as follows:
"Art. 112quinquies. § 1er. If the protection measure referred to in section 75ter appears to be inadequate and there are serious indications that the facts constitute an offence referred to in paragraph 2, the identity of the police officers responsible for the investigation is protected and the judicial police officer who directs the investigation assigns them a code for the duration of the investigation.
§ 2. Offences that may justify the protection measure provided for in paragraph 1er are those covered by:
- in Book II, Title Iter of the Criminal Code;
- articles 323, paragraph 1er, and 324ter of the same Code, if there is a reasonable presumption that the association or organization uses intimidation, threat or violence;
- Article 323, paragraph 2 of the same Code, if there is a reasonable presumption that the association uses intimidation, threat or violence in order to commit offences referred to in Article 90ter, § 2.".
Art. 9. In Chapter VIIquinquies, inserted by Article 4, a section 3 entitled "Section 3. General provisions".
Art. 10. In section 3 inserted by section 9, an article 112sexies is inserted as follows:
"Art. 112sexies. For the purposes of this chapter, identity means all data or acts that can directly or indirectly enable the identification of a member of the police services. ".
Art. 11. In the same section 3, an article 112septics is inserted as follows:
"Art. 112s. The identity and code of the member of the police services referred to in sections 112quater or 112quinquies shall be recorded without delay by the officer in charge of these articles in a confidential register and kept in that service.
Only the King's Prosecutor or the examining magistrate in the course of an instruction may be aware of the full identity of the member of the police services with a code and verify whether the conditions provided for in sections 112quater and 112quinquies are met. ".
Art. 12. In the same section 3, an article 112octies is inserted as follows:
"Art. 112octies. Minutes written by any police or investigative department may not mention any element that would compromise the security and anonymity of the members of the police services involved in the code.
Where applicable, the King's Attorney or the investigating judge shall take all measures to keep the identity of the member of the relevant police services secret. It orders the deletion in the minutes of statements contrary to paragraph 1er".
Art. 13. In the same section 3, an article 112novies is inserted as follows:
"Art. 112novies. By derogation from articles 75 and 75ter, and without prejudice to the provisions of chapter IV, section 3, the members of the police services concerned who are heard as witnesses only indicate their quality and the code assigned to them.
In addition, the King's Attorney or the investigating judge takes all measures to keep the identity of the member of the relevant police services secret.".
Art. 14. In the same section 3, an article 112decies is inserted as follows:
"Art. 112decies. The identity of the member of the police services concerned is revealed only at the time when the public prosecutor cites the member as a defendant or after the removal, interment or suspension of the decision by an investigating court in question of the member. In the latter case, after the decision to refer, interfere or suspend the pronouncement is cast into force of the evidence, the identity is mentioned, upon requisition of the Public Prosecutor's Office, in a separate order or order."
Art. 15. In the same section 3, an article 112undecies is inserted as follows:
"Art. 112undecies. The disclosure, excluding the cases provided for in section 112decies, of the identity of the member of the police services who is protected in accordance with this chapter shall be punished by imprisonment for one year to two years and a fine of three hundred euros to three thousand euros or one of these penalties only. The same penalty is applicable to the unauthorized consultation of the registry referred to in section 112ssepties.".
Art. 16. In section 441 of the same Code, amended by the Acts of 10 July 1967 and 14 February 2014, the words "on the display of a formal order given to it by the Minister of Justice" are replaced by the words "on the request of a Attorney General near the Court of Appeal or the Minister competent for Justice".
Art. 17. In article 464/2, § 4 of the same Code, inserted by the law of 11 February 2014, a paragraph written as follows is inserted between paragraphs 1er and 2:
"Police services referred to in paragraph 1er the protection of their identity under the conditions laid down in articles 112quater and 112quinquies. ".
Art. 18. In section 589 of the same Code, restored by the Act of 8 August 1997 and amended by the Act of 25 April 2014, the following amendments are made:
(a) paragraph 2, 3°, is replaced by the following:
"3° to natural persons and legal persons when they have to produce a criminal record extract; ";
(b) in paragraph 3, the words "Ministry of Justice" are replaced by the words "Federal Public Service Justice";
(c) Paragraph 4 is replaced by the following:
"These information can be used as a basis for statistics that are established and disseminated on the initiative of the Federal Public Service Justice. ".
Art. 19. In section 590, paragraph 1er, from the same Code, restored by the Act of 8 August 1997 and last amended by the Act of 5 February 2016, the following amendments are made:
(a) in the 3°, the words ", simple or" are inserted between the words "revocation of the stay" and the word "probatory";
(b) in the 16th, the words "or legal persons having their head office or operating seat in Belgium" are inserted between the words "with charge of Belgians" and the words ", which are notified to the Belgian Government";
(c) in 18°, the words "when they relate to persons who do not have a residence or domicile in Belgium" are repealed.
Art. 20. Section 591 of the same Code, restored by the Act of 8 August 1997, is replaced by the following:
"Art. 591. § 1er. Level A officers of the Federal Public Service Judicial Officer Service, appointed in writing, Chief Clerks, Chief Clerks of Service and Clerks of Courts and Courts of Justice have access to the information referred to in Article 3, paragraph 1er1° to 8°, and paragraph 2 of the Act of 8 August 1983 organizing a National Register of Physical Persons.
The persons referred to in Article 593 shall, as part of the consultation with the Judicial Officer, have access to the information referred to in Article 3, paragraph 1er, 1° to 9°, and 2, of the Act of 8 August 1983 organizing a National Register of Physical Persons.
§ 2. Persons referred to in paragraph 1er are authorized to use the identification numbers of the National Register of Physical Persons solely for the purpose of identifying the registered persons or to register in the Judicial Officer.
They are authorized to use the registration number in the Banque-Carrefour des Entreprises as provided for in Article III.49 of the Economic Law Code for the sole purpose of identifying listed legal persons or to register in the Judicial Officer.
§ 3. Persons referred to in paragraph 1er may delegate the faculties referred to in paragraph 2 to one or more persons of their service, designated by name and in writing. These delegations should be motivated and justified by the needs of the service.
The King sets out the conditions under which these delegations are given. ".
Art. 21. In section 592 of the same Code, reinstated by the Act of 8 August 1997, a paragraph written as follows is inserted between paragraphs 1 and 2:
"When the decision is pronounced by a court other than a police court or a court of first instance sitting in a stage of appeal against a judgment of the police court, and it concerns a legal person who has filed his statutes in Belgium, the clerks also transmit an extract of that decision to the court office where the statutes of the court were filed."
Art. 22. In section 593 of the same Code, restored by the Act of 8 August 1997 and amended by the Acts of 21 June 2004, 31 July 2009 and 21 February 2010, the following amendments are made:
1° in paragraph 1er, the words "the justices of the peace," are inserted between the words "the investigating judges," and the words "the judges and assessors of the courts of enforcement of sentences";
2° in paragraph 2, the words "judges of peace" are inserted between the words "juges of instruction," and "judges and assessors of the courts of application of sentences".
Art. 23. In section 595 of the same Code, restored by the Act of 8 August 1997 and amended by the Acts of 15 May 2006, 31 July 2009 and 10 April 2014, the following amendments are made:
1° in paragraph 1er, the words "physical or any person competent to represent a legal person," are inserted before the words "justifying his identity", and the words "or the legal person as the case," are inserted between the word "personally" and the words ", except";
2° Paragraph 3 is replaced by the following:
"The King sets the conditions and conditions for the release of this extract. When the extract concerns a natural person who has his domicile or residence in Belgium, it is issued by the administration of the municipality where the natural person has his domicile or residence. If it has no domicile or residence in Belgium, the extract is issued by the Office of the Judicial Officer of the Federal Public Service Justice. When the extract relates to a legal entity, it is issued by the Office of the Judicial Officer of the Federal Public Service Justice. ";
Paragraph 4 is replaced by the following:
"Any natural person, justifying his or her identity, shall be entitled to the right to communicate the data of the Judicial Officer directly concerning him or her, in accordance with section 10 of the Protection of Privacy Act of 8 December 1992 with respect to personal data processing. Any person who is competent to represent a legal person, justifying his or her identity, shall be entitled to communicate the data of the Judicial Officer that concerns the legal person he or she represents.".
Art. 24. Section 596, paragraph 3, of the same Code, restored by the Act of 8 August 1997, is replaced by the following:
"The King sets the conditions and conditions for the release of this extract. When the extract concerns a natural person who has his domicile or residence in Belgium, it is issued by the administration of the municipality where the natural person has his domicile or residence. If it has no domicile or residence in Belgium, the extract is issued by the Office of the Judicial Officer of the Federal Public Service Justice. When the extract relates to a legal entity, it is issued by the Office of the Judicial Officer of the Federal Public Service Justice. ".
Art. 25. Section 598 of the same Code, restored by the Act of 8 August 1997, is replaced by the following:
"Art. 598. The information recorded in the Judicial Officer regarding deceased natural persons or legal persons after closing the liquidation, judicial dissolution or dissolution without liquidation shall be transmitted once a year to the General Archives of the Kingdom. ".
Art. 26. In section 624 of the same Code, replaced by the Act of 7 April 1964 and amended by the Act of 8 August 1997, paragraph 1er is replaced by the following:
"Rehabilitation is conditional on a trial period during which the applicant, a natural person, must have had a certain residence in Belgium or abroad and have made an amendment and had good conduct.
When the rehabilitation concerns a legal person, it is subordinated to a trial period during which the legal person must have had his head office or an operating seat in Belgium, and the King's prosecutor determines the elements that might influence the assessment of the request for rehabilitation. ".
Art. 27. In section 628 of the same Code, replaced by the Act of 7 April 1964 and amended by the Acts of 9 January 1991 and 8 August 1997, paragraphs 1er and 2 are replaced by the following:
"The appellant shall apply for rehabilitation to the Crown Prosecutor of the district in which he resides, or if he is a legal person, in which he has established his head office or an operating seat, by making him known the convictions of the application and the places where he has resided or has had his head office or an operating seat during the trial period.
When he resides abroad, or if he is a legal person, who has his head office or an operating seat abroad, the application is addressed to the prosecutor of the King of the Borough of Brussels. ".
Art. 28. Section 629 of the same Code, replaced by the Act of 7 April 1964 and amended by the Acts of 8 August 1997 and 1er February 2016 is replaced by the following:
"Art. 629. § 1er. When the complainant is a natural person, the King's attorney is issued:
1° an extract of the complainant ' s criminal record;
2° a certified excerpt of all judgements and judgments in repressive matters affecting the applicant;
3° an excerpt from the claimant's legal accounting records held during the execution of the custodial penalties or measures it has suffered;
4° the certificates from the towns where the applicant resided during the trial period, indicating the period and duration of his residence in each commune, his professional activity, his means of subsistence and his conduct at the same time.
Extracts referred to in paragraph 1er mention, in addition to the specific nature of the facts and the penalties or measures imposed, any conviction for restitution, damages to a civil party and the costs of the proceeding.
§ 2. When the applicant is a legal entity, the King's Attorney shall be issued:
1° an extract from the complainant ' s criminal record;
2° a certified excerpt of all judgments or judgments in repressive matters affecting the applicant.
These excerpts mention, in addition to the specific nature of the facts and the penalties or measures imposed, any conviction for restitution, damages to a civil party and the costs of the proceeding;
3° the certificates of the mayors of the communes where the legal person has established his head office or an operating seat during the trial period, relating to the elements determined by the King's prosecutor to assess the request for rehabilitation.
If the Grievor is a corporation with its head office or operating seat abroad, the King's Prosecutor shall determine the certificates to be filed in lieu of those provided above, or obtain the necessary documents.
§ 3. The Crown Prosecutor shall, at the request of the Attorney General, take any information deemed necessary. He transmits the case file with his opinion to the Attorney General.
If the convicted person is a natural person and has suffered a penalty for acts referred to in sections 371/1 to 378 of the Criminal Code, or for acts referred to in sections 379 to 386ter of the same Code when they have been done on minors or involved in their participation, the file contains the advice of a service specialized in the guidance or treatment of sexual offenders.".
Art. 29. In section 630 of the same Code, replaced by the Act of 7 April 1964, paragraph 9 is replaced by the following:
"The appellant must appear at each hearing except where the order is pronounced. The applicant who is a natural person appears in person. If it is a legal entity, it is the competent person to represent it who appears.".
Art. 30. In section 632 of the same Code, replaced by the Act of 7 April 1964, paragraph 1er is replaced by the following:
"Rehabilitation is done on the margins of final judgments or judgments for which it is granted; an excerpt from the decision is sent to the Minister of Justice, to the Crown Prosecutor who reported to the mayor of the municipality where the Grievor is domiciled or, if it is a legal person, where she has her head office or an operating seat. When rehabilitation is a legal person who has deposited his statutes in Belgium, an extract from the decision is sent to the court office where the statutes of the court have been filed. ".
CHAPTER 3. - Amendment of the Criminal Code
Art. 31. In article 30, paragraph 1er, from the Criminal Code, the words ", will be charged on the duration of the sentences carrying deprivation of liberty." are replaced by the words ", with the exception of conviction by simple conviction, will be charged on the duration of the sentences carrying deprivation of liberty remaining to run.".
CHAPTER 4. - Amendment of the preliminary title of the Code of Criminal Procedure
Art. 32. In section 24 of the preliminary title of the Code of Criminal Procedure, replaced by the Act of 16 July 2002 and amended by the Acts of 14 January 2013, 25 April 2014 and 5 February 2016, the following amendments are made:
1° Paragraph 3 is replaced by the following:
"The statute of limitations of public action is suspended whenever the board's board, within the framework of the rules of procedure, following the application of Article 127, § 3, of the Code of Criminal Investigation, by an application filed by an accused person cannot settle the proceedings. The suspension takes effect on the day of the first hearing before the board's board's board's board's board's board's board's board's board's board's board's board's board's board's board' board's board' board's board's board' board's board's board' board's board' board's board' chamber, whether the request has been rejected or accepted, and is terminated on the day before the day before the day before the court's first hearing.
2° Paragraph 4 is repealed.
CHAPTER 5. - Amendments to the Act of 25 July 1893 relating to declarations of appeal of persons detained or interned
Art. 33. In the Dutch text of the title of the law of 25 July 1893 relating to the declarations of appeal of detained or interned persons, replaced by the law of 14 February 2014, the word "hoger" is inserted between the words "aantekening van" and the word "beroep" and the word "gevangenzittende" is replaced by the word "gedetineerde".
Art. 34. Article 1er the Act, last amended by the Act of 19 December 2014, is replaced by the following:
Article 1er. In prisons, institutions or social defence sections and community centres for minors who have committed a crime, criminal appeals and petitions that contain specific high grievances against judgment may be made to the directors of these institutions or to their delegate by the persons detained or interned therein.
In prisons and institutions or sections of social defence, these statements are made and these requests are handed over during the opening hours of the office of the King.
These statements and requests have the same effect as those received at the office of the Registry or by the Registrar.
A notice of appeal shall be drawn up from the notice of appeal no later than the first working day following the notice of appeal. This act is retained in a registry to that effect.
The notice of appeal mentions at least:
1 the identity of the person making the declaration;
2° the date on which the declaration takes place;
3° the contested judicial decision;
4th the identity and quality of the person who made the act;
5° the signature of the person making the declaration and that of the person who made the act.
The Director or his delegate shall, on the same day, transmit a copy of this appeal by the fastest written means of communication to the Registrar of the Court who has rendered the decision against which the appeal is filed.
The Director or his or her delegate shall forward to the Registrar of the Court whose decision is the subject of the appeal, the request that contains precisely the grievances raised against the judgment no later than the first working day after receipt, with reference to the date of receipt.".
Art. 35. In section 2 of the Act, amended by the Act of 14 February 2014, the words "the notice and the record" are replaced by the words "the act of appeal".
Art. 36. Section 3 of the Act is replaced by the following:
"Art. 3. The Director or his or her delegate may not provide another copy of the appeals made under section 1er that referred to in this article. ".
Art. 37. In article 4, paragraph 1er, of the same law, as amended by the law of 14 February 2014, the words "shipping of declarations" are replaced by the words "copy of acts".
CHAPTER 6. - Amendments to the law of 27 June 1921 on non-profit associations, non-profit international associations and foundations for the implementation of Regulation No. 1141/2014 of the European Parliament and the Council of 22 October 2014 on the status and financing of European political parties and European political foundations
Art. 38. The title of the law of 27 June 1921 on non-profit associations, non-profit international associations and foundations, replaced by the law of 2 May 2002, is replaced by the following:
"Law of 27 June 1921 on non-profit associations, foundations, European political parties and European political foundations".
Art. 39. In the same Act, last amended by the Act of 25 April 2014, a Title IIIter, entitled "TITRE IIIter. - The European political party."
Art. 40. In title IIIter, inserted by article 39, an article 58/1 is inserted, as follows:
"Art. 58/1. Each European political party with its headquarters in Belgium, shortened by PPEU, is submitted, in addition to the provisions of Regulation No. 1141/2014 of the European Parliament and of the Council of 22 October 2014 concerning the status and financing of European political parties and European political foundations, i.e., the provisions of Title IerChapter Ier, and title IIIter, in titles III and IIIter according to the status chosen. In the last case, section 46, paragraph 1er, is not applicable.
A copy of the publication referred to in Article 15, § 1er, of the above-mentioned regulation is filed by the notary on the file referred to in either section 26novies or section 51 according to the status chosen. Until the time provided for in section 58/4, sections 26novies and 51 are not applicable. ".
Art. 41. In the same context, article 58/2 is inserted, as follows:
"Art. 58/2. The PPEU statutes are established by authentic act. In the event of a non-profit association or an existing non-profit international association, the transformation into a WSP is also done by authentic act. In accordance with Article 15, § 2, of the above-mentioned Regulation, the notary shall issue a certificate certifying that the seat of the PPEU is established in Belgium and that its statutes conform to the applicable law referred to in Article 58/1. ".
Art. 42. In the same title, IIIter is inserted an article 58/3, which reads as follows:
"Art. 58/3. The competent authority which, pursuant to Article 16, §§ 2, 3 and 4, of the above-mentioned regulation, may transmit a request for delisting is the public ministry.".
Art. 43. In the same title, IIIter, an article 58/4 is inserted, as follows:
"Art. 58/4. § 1er. In the event of loss of European legal personality pursuant to Article 16 of the above-mentioned Regulation, the PPEU is fully transformed into a non-profit association.
§ 2. Each WSP transformed into a non-profit association in accordance with § 1er may be transformed into an international non-profit association by authentic act for the King's approval.
At the act are attached:
1st a supporting report prepared by the board of directors;
2° a statement summarizing the active and passive situation of the association, arrested on a date not dating back to more than three months;
3° a report on this state of affairs, including whether it translates in a complete, faithful and correct manner the situation of the association, prepared by a company reviewer, or an accountant listed in the table of external auditors of the Institute of Accountants, designated by the Board of Directors.
§ 3. The act is filed on the record referred to in article 26novia or article 51, and respectively published in accordance with § 2 and § 3 of the aforementioned provisions.
§ 4. The provisions of section 16, paragraph 7, of the above-mentioned regulations shall, if any, be subject to consultation with the Public Prosecutor's Office.".
Art. 44. In the same title, IIIter is inserted an article 58/5, which reads as follows:
"Art. 58/5. § 1er. At the latest within two months of the publication relating to the transfer of seat abroad, creditors of the PPEU who proceed to the transfer of his seat and whose debt is prior to that publication and is not yet expired, or whose debt is the subject of a claim brought to justice or by arbitration before that publication, may require a security right, notwithstanding any agreement to the contrary.
The WPP may deviate this requirement by paying the receivable at its value, after deduction of the discount.
In the absence of an agreement or if the creditor is not paid, the contestation shall be submitted by the most diligent party to the president of the court of first instance in the borough of which the debtor PPEU has its seat. The procedure is introduced and instructed as referred; the same is true of the execution of the decision rendered. All rights except on the merits, the President shall determine the security right to be provided by the PPEU and shall set the time limit within which it shall be constituted, unless the President decides that no security right shall be provided, in respect of either the guarantees and privileges enjoyed by the creditor or the creditor's creditworthiness.
If the security right is not provided within the specified time limit, the receivable becomes immediately payable and the WPP is held in solidarity for this obligation.
§ 2. The deletion in Belgium of the old registration in the register of legal persons following the transfer abroad of the registered office is published in the Belgian Monitor. ".
Art. 45. In the same Act, last amended by the Act of 25 April 2014, a Title IIIquater, entitled "Titre IIIquater. From the European political foundation".
Art. 46. In the same title IIIquater inserted by article 45, an article 58/6 is inserted, as follows:
"Art. 58/6. Each European political foundation with its headquarters in Belgium, shortened FPEU, is subject, in addition to the provisions of Regulation No. 1141/2014 of the European Parliament and of the Council of 22 October 2014 concerning the status and financing of European political parties and European political foundations, i.e. the provisions of Title 1erChapter 1erand title IIIquater is title III and IIIquater according to the status chosen. In the last case, section 46, paragraph 1er, is not applicable.
A copy of the publication referred to in Article 15, § 1er, of the above-mentioned regulation is filed by the notary on the file referred to in either section 26novies or section 51 according to the status chosen. Until the time provided for in section 58/9, sections 26novies and 51 are not applicable. ".
Art. 47. In the same title, IIIquater, an article 58/7 is inserted, as follows:
"Art. 58/7. The FPEU statutes are established by authentic act. In the case of a non-profit association or an existing non-profit international association, the transformation into FPEU is also done by authentic act. In accordance with Article 15, § 2, of the aforementioned Regulation, the notary shall issue a certificate certifying that the seat of the FPEU is established in Belgium and that its statutes conform to the applicable law referred to in Article 58/6.".
Art. 48. In the same title, IIIquater, an article 58/8 is inserted, as follows:
"Art. 58/8. The competent authority which, pursuant to Article 16, §§ 2, 3 and 4, of the above-mentioned regulation, may transmit a request for delisting is the public ministry.".
Art. 49. In the same title, IIIquater, an article 58/9 is inserted, as follows:
"Art. 58/9. § 1er. In the event of loss of European legal personality pursuant to Article 16 of the above-mentioned Regulation, the FPEU is fully transformed into a non-profit association. It may then choose to become an international non-profit association in accordance with Article 58/4, § 2, if it is a non-profit association.
§ 2. Depending on the status chosen, the act is either attached to the record to articles 26novies and 51 and published respectively in accordance with paragraph 2 and paragraph 3, as the case may be, of the aforementioned provisions.
§ 3. The provisions of Article 16, § 7, of the above-mentioned Regulation shall, if any, be subject to consultation with the Public Prosecutor's Office.".
Art. 50. In the same title, IIIquater, an article 58/10 is inserted, as follows:
"Art. 58/10, § 1er. At the latest within two months of the publication relating to the transfer of seat abroad, creditors of the FPEU who proceed to the transfer of his seat and whose debt is prior to that publication and is not yet expired, or whose debt is the subject of a claim brought to justice or by arbitration before that publication, may require a security right, notwithstanding any agreement to the contrary.
The FPEU may deviate this requirement by paying the debt at its value, after deduction of the discount.
In the absence of an agreement or if the creditor is not paid, the contestation is submitted by the most diligent party to the president of the court of first instance in the borough of which the FPEU debiter has its seat. The procedure is introduced and instructed as referred; the same is true of the execution of the decision rendered. All rights except on the merits, the President shall determine the security to be provided by the FPEU and shall set the time limit within which it shall be constituted, unless the President decides that no security rights shall be provided, in the light of the guarantees and privileges enjoyed by the creditor, or the solvency of the FPEU concerned.
If the security right is not provided within the time limit, the receivable becomes immediately payable and the FPEU is held in solidarity for this obligation.
§ 2. The delisting in Belgium of the old registration following the transfer abroad of the registered office is published in the Belgian Monitor. ".
CHAPTER 7. - Amendment of the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 51. Article 43bis, § 3, of the Law of 15 June 1935 concerning the Use of Languages in Judicial Matters, inserted by the Law of 10 October 1967 and amended by the Laws of 26 June 1974, 23 September 1985 and 22 December 1998, is supplemented by a paragraph written as follows:
"The advisers to the Court of Appeal of Brussels who sit primarily at the Court of Contracts must justify at least one functional knowledge of the other language than that of their degree, in accordance with Article 43quinquies, § 1erParagraph 3.
CHAPTER 8. - Amendments to Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings with regard to detainees
Art. 52. Article 2 of Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings against detainees, as amended by the Royal Decree of 28 December 2006 and the laws of 19 December 2014 and 5 February 2016, is replaced by the following:
"Art. 2. When the opponent is detained, the opposition against the criminal conviction imposed by the courts of appeal, the correctional courts and the police courts may be filed by a statement to the director or his delegate of a prison, institution or social defence section or a community centre for minors who committed a crime.
In prisons and institutions or sections of social defence, these statements must be made during the opening hours established by the King of the Registry of these institutions.
An opposition act is drafted on or before the first working day following the declaration. This act is retained in a registry to that effect.
At least the notice of opposition mentions:
1 the identity of the person making the declaration;
2° the date on which the declaration takes place;
3° the contested judicial decision;
4th the identity and quality of the person who made the act;
5° the signature of the person who makes the declaration and that of the person who made the act.
The Director or his delegate shall, on the same day, transmit a copy of the notice of opposition by the fastest written means of communication to the officer of the Public Prosecutor's Office of the Court or the Court who rendered the decision against which the opposition is directed.
The notice of opposition shall take full summons to the first hearing after the expiry of the deadlines and shall be deemed to have occurred if the opponent does not appear.
Immediately after the receipt of the copy of the notice of opposition, the Public Prosecutor's Officer shall summon the opponent to the hearing in the form described in section 1er".
Art. 53. Section 3 of the same Royal Decree, amended by the Royal Decree of 28 December 2006 and the Act of 19 December 2014, is replaced by the following:
"Art. 3. The Director or his or her delegate may not provide any other copy of the acts written under section 2 that are referred to in this section. ".
Art. 54. In article 4 of the same Royal Decree, the words "records, records, notices and shipments" are replaced by the words "deeds and records".
CHAPTER 9. - Amendment of the law of 3 April 1953 of judicial organization
Art. 55. In section 2 of the Act of 3 April 1953 of judicial organization, restored by the Act of 4 March 1997, replaced by the Act of 21 June 2001 and amended by the Acts of 14 December 2004, 30 December 2009 and 5 February 2016, the number "28" is replaced by the number "32".
CHAPTER 10. - Amendment of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 56. In the law of 12 April 1965 on the transport of gaseous and other products by pipelines, the words "Brussels Court" and "call course" are replaced by the words "Cour des marchés", except in the following provisions:
1° Article 15/21, § 2, inserted by the law of 20 July 2005;
2° Article 15/21, § 3, first, second and last sentence, inserted by the law of 20 July 2005 and replaced by the law of 8 January 2012.
CHAPTER 11. - Amendments to the Judiciary Code
Art. 57. Art. 32ter of the Judicial Code, inserted by the Act of 19 October 2015, is replaced by the following:
"Art. 32ter. Any notification or communication to or filing with courts or tribunals, the Public Prosecutor's Office, any services that depend on the judicial branch, including the office of the public prosecutor, or other public services, or any notification or communication to a lawyer, a judicial officer or a notary by courts or tribunals, the Public Prosecutor's Office, of services that depend on the judicial branch, including public office offices and public prosecutor's offices, or
The King sets out the terms of this computer system, the confidentiality and effectiveness of the communication being guaranteed. The use of the above-mentioned computer system may be imposed by the King on the proceedings, services or actors mentioned in paragraph 1er or some of them.
The King may, by order deliberately in the Council of Ministers, extend the application of this provision to other institutions and services. ".
Art. 58. In section 80 of the same Code, last amended by the Act of 30 July 2013, a paragraph is inserted between paragraphs 2 and 3:
"By derogation from Article 79, paragraph 2, in the event of exceptional circumstances, after receiving the opinion of the Federal Prosecutor, the first president of the Court of Appeal shall designate one or more additional investigating judges, for a term of not more than two years, renewable twice, among the investigating judges of his jurisdiction who have the relevant experience. ".
Art. 59. In section 101 of the same Code, replaced by the Act of 30 July 2013, the following amendments are made:
1° paragraph 1er is supplemented by a paragraph that reads as follows:
"At the Brussels Court of Appeal there are also chambers that deal with the affairs of the markets, whose jurisdiction is determined by law. These rooms are a section called the Market Court. ";
2° Paragraph 2 is supplemented by a paragraph which reads as follows:
"The Court of Contracts referred to in paragraph 1er, paragraph 4, is composed of at least six advisers, of which six are appointed under Article 207, § 3, 4°. During the appointment, the language balance is taken into account. ".
Art. 60. Article 109bis, § 2, of the same Code, repealed by the law of October 19, 2015, is reinstated in the following wording:
"§2. The Court of Contracts still has three advisers."
Art. 61. Article 157, paragraph 1er, of the same Code, replaced by the Act of 25 April 2007, is supplemented by the following:
"The King may, on a proposal or after the advice of the president of the justices of the peace and the judges in the police court, attach the same registry to several justices of the peace in the same district and determine where the court office is located. For the justices of the peace and the police courts of the judicial district of Brussels, the competence of the president of the justices of the peace and the judges in the police court belongs to the president of the court of first instance. The president of the competent court of first instance shall be determined in accordance with Article 72 bis, paragraphs 2 to 4.".
Art. 62. Article 159 of the same Code, restored by the law of 25 April 2007 and amended by the law of 1er December 2013, the following amendments are made:
1° in paragraph 3, third sentence, the words "a canton" are replaced by the words "one or more grafts of the neighbouring cantons of the same district";
2° Paragraph 3 is supplemented by the following sentence:
As soon as the King, pursuant to Article 157, paragraph 1er, second sentence, attaches a single registry to several justices of the peace in the same district, the staff of level C and D who are appointed in the cantons or transplants concerned are renamed ex officio in this new registry, without the application of section 287sexies and without further swearing-in. ";
3° in paragraph 5, second sentence, the words "another canton" are replaced by the words "a transplant";
Paragraph 5 is supplemented by the following sentences:
"For justices of the peace and the police courts of the judicial district of Brussels, this jurisdiction belongs to the president of the court of first instance. The president of the competent court of first instance shall be determined in accordance with section 186 bis, paragraphs 2 to 7.".
Art. 63. In section 186 of the Code, last amended by the Act of 4 May 2016, the following amendments are made:
1° paragraph 1er, paragraph 9, is supplemented by the following:
"He may, on a proposal or after advice from the president of the justices of the peace and the judges in the police court, attach the same office to several seats in the same canton and determine where the court office is located. For the justices of the peace and the police courts of the judicial district of Brussels, the competence of the president of the justices of the peace and the judges in the police court belongs to the president of the court of first instance. The president of the competent court of first instance shall be determined in accordance with Article 72 bis, paragraphs 2 to 4."
2° in paragraph 2, paragraph 1er, the first sentence is replaced by the following sentence:
"The deposit of documents in the Registry for the referral and processing of cases that are assigned in accordance with paragraph 1er, to a division under a disposition of cases, may take place in each division of the competent court.".
Art. 64. Article 207, § 3, of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 3 May 2003, is supplemented by the 4th drafted as follows:
"4° or, in respect of counsellors at the Brussels Court of Appeal who are a priority of the Court of Contracts, have at least fifteen years of useful professional experience attesting to a specialized knowledge of economic, financial or market law. ".
Art. 65. In the same Code, instead of article 330quinquies cancelled by Constitutional Court Decision No. 138/2015, an article 330quinquies is inserted as follows:
"Art. 330quinquies. Where a magistrate is responsible for performing his or her functions in another division or other judicial entity, without his or her consent, he or she may make an administrative appeal to the College of Courts and Courts or the College of the Public Prosecutor.
The appeal is not suspensive.
The College shall decide in the month by majority, after the complainant has been heard. It can confirm or cancel the decision. In the event of a parity of votes, the President of the College shall be the preponderant.
An appeal for cancellation may be brought against the College's decision to the Council of State pursuant to article 14, § 1er, 2°, laws on the Council of State, coordinated on 12 January 1973. Where applicable, the appeal brought before the disciplinary court referred to in sections 413, § 5, and 418, § 4, is not allowed.".
Art. 66. Section 355ter, paragraph 2, of the same Code, inserted by the law of 17 May 2006, is supplemented by the following sentence:
"All periods during which the function of assailant in the court of enforcement of penalties has been taken into account for the calculation of pecuniary seniority. ".
Art. 67. Article 413, § 5, of the same Code, inserted by the law of 15 July 2013, is supplemented by the following sentence:
"These appeals are only admissible if the judges concerned have first introduced the administrative remedy referred to in article 330quinquies and have been decided on it."
Art. 68. Article 418, § 4, paragraph 1erthe same Code, inserted by the Act of 15 July 2013, is supplemented by the following sentence:
"This remedy is only allowed if the magistrate concerned has first introduced the administrative remedy referred to in article 330quinquies and has been decided on it. The introduction of the administrative appeal interrupts the period referred to in the first sentence.".
Art. 69. In Article 446quater, § 5, of the same Code, inserted by the Act of 21 December 2013, the following amendments are made:
1° a paragraph written as follows is inserted before the single paragraph:
"The King may set out the terms for the management, access, control and oversight of the accounts referred to in § 2."
2° in the single paragraph, which becomes paragraph 2, the first sentence is supplemented by the words:
", with the exception of accounts managed under a judicial mandate. ".
Art. 70. In section 522/1, § 5, of the same Code, replaced by the law of 7 January 2014, the following amendments are made:
1° a paragraph written as follows is inserted before the single paragraph:
"The King may set out the terms for the management, access, control and oversight of the accounts referred to in § 2."
2° in the single paragraph, which becomes paragraph 2, the first sentence is supplemented by the words:
", with the exception of accounts managed under a judicial mandate. ".
Art. 71. In section 585, 1°, of the same Code, the words "arbitrators" are repealed.
Art. 72. Section 586 of the same Code, as amended by the Act of 16 July 2004, is repealed.
Art. 73. In section 588, 1°, of the same Code, the words "arbitrators" are repealed.
Art. 74. In section 594, 1°, of the same Code, the words "or arbitrators" are repealed.
Art. 75. In section 605quater of the same Code, inserted by the Act of 27 July 2005 and last amended by the Act of 21 December 2013, the following amendments are made:
(a) the 6° is replaced by the following:
"6° Articles 221/1 and 221/3 of the Act of 30 August 2013 concerning the Railway Code; ";
(b) 7° is repealed.
Art. 76. In section 606 of the same Code, the 1st is repealed.
Art. 77. In article 633bis of the same Code, inserted by the law of 2 August 2002, the words "Brussels Court of Appeal" are replaced by the words "Cour des marchés".
Art. 78. In Article 711, paragraph 1er, of the same Code, the words "in the registry of each jurisdiction" are replaced by the words "in each transplant".
Art. 79. Section 828 of the same Code, last amended by the Act of 17 March 2013, is supplemented by a 13° written as follows:
"13° for a conflict of interest. ".
Art. 80. Article 972, § 1er, of the same Code, replaced by the Act of 15 May 2007 and amended by the Act of 30 December 2009, a paragraph is inserted between paragraphs 3 and 4:
"Without prejudice to the application of section 967 and paragraph 3, the expert shall, in any event, communicate within the same eight-day period the facts and circumstances that may be of a nature to question his independence and impartiality. Paragraph 3, with the exception of the first sentence, applies by analogy. If the judge considers it indicated, he designates another expert.".
Art. 81. Article 1017, paragraph 1er, of the same Code, replaced by the Act of 24 June 1970, is supplemented by the following sentence:
"However, the unnecessary costs, including the procedural allowance referred to in Article 1022, are borne, even on an ex officio basis, by the party that caused them unduly."
Art. 82. Section 1380 of the same Code, as amended by the Act of 27 December 2012, is supplemented by two paragraphs written as follows:
"With a view to the application of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications, the Public Prosecutor's Office shall forthwith transmit a copy of the criminal conviction to the disciplinary or administrative authority of which the convicted person exercises a regulated profession within the meaning of the Directive. This communication takes place as soon as the condemnation is cast into force of evidence.
The Public Prosecutor's Office appreciates, in the same way, the need to communicate to the competent disciplinary or administrative authority information relating to an ongoing investigation or prosecution against a person who has a regulated profession within the meaning of the Directive. If an examining magistrate is seized of the matter, the Public Prosecutor's Office shall not disclose information to the disciplinary or administrative authority until it has received the opinion of the investigating judge."
Art. 83. In Part 5, Title IV, of the same Code, a chapter III is inserted entitled "From the Central Register of Collective Debt Regulations".
Art. 84. In chapter III inserted by section 83, an article 1675/20 is inserted as follows:
"Art. 1675/20. The central register of collective debt regulations, referred to as "record", is the computerized data bank that allows the management, monitoring and processing of collective debt settlement procedures.
The register collects all documents and data relating to a collective debt settlement procedure, in accordance with articles 1675/2 to 1675/19.
The register is an authentic source for all the acts and data that are recorded there.".
Art. 85. In the same chapter III, an article 1675/21 is inserted as follows:
"Art. 1675/21. § 1er. The Order of Francophone and German-speaking Bars and the Orde van Vlaamse Balies referred to in article 488 paragraph 1er and paragraph 2, below referred to as "the manager", set up and manage the register jointly.
§ 2. For the file referred to in 1675/20, the manager is considered to be the person responsible for processing within the meaning of section 1er, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
§ 3. The manager designates a data protection officer.
This is particularly responsible:
1° the provision of qualified advice in the protection of privacy and the security of personal data and information and their processing;
2° to inform and advise the manager dealing with personal data of his or her obligations under this Act and the general framework for data protection and privacy;
3° of the establishment, implementation, updating and monitoring of a privacy policy;
4° to be the point of contact for the Privacy Commission;
5° of the execution of the other missions relating to the protection of privacy and security that are determined by the King, after the advice of the Privacy Commission.
In carrying out its duties, the data protection officer acts independently and reports directly to the manager.
The King shall determine, after the opinion of the Privacy Commission, the rules that the data protection officer shall exercise his or her duties. "
Art. 86. In the same chapter III, an article 1675/22 is inserted as follows:
"Art. 1675/22. § 1er. The judicial magistrates referred to in article 58bis, the clerks and the debt mediators, as part of the fulfilment of their legal duties, as well as the debtor, creditors and the manager have access to the data referred to in article 1675/20, paragraph 2, which are relevant to them, in accordance with the terms fixed by the King, after the advice of the Privacy Commission.
The King may, after the advice of the Privacy Commission, allow other categories of persons to consult these data under the conditions it determines.
§ 2. The manager is not authorized to disclose the data referred to in section 1675/20, paragraph 2, to persons other than those referred to in paragraph 1er.
Any person who participates, in any capacity, in the collection, processing or communication of the data referred to in section 1675/20, paragraph 2, or is aware of such data is required to respect the confidential nature of the data.
Section 458 of the Criminal Code applies to him. ".
Art. 87. In the same chapter III, an article 1675/23 is inserted as follows:
"Art. 1675/23. The manager shall inform the debtor, in the manner determined by the King after notice of the Privacy Commission:
1° of the data referred to in Article 1675/20, paragraph 2, concerning it;
2° of categories of persons who have access to the data referred to in 1°;
3° of the data retention period referred to in 1°;
4° of the controller referred to in Article 1675/21, § 2;
5° how it can get access to the 1° data.
Art. 88. In the same chapter III, an article 1675/24 is inserted as follows:
"Art. 1675/24. The data referred to in Article 1675/20, paragraph 2, shall be retained for the five years following the termination of the proceedings in the collective settlement of debts.
At the expiry of this period, the data is deposited in the State Archives."
Art. 89. In the same chapter III, an article 1675/25 is inserted as follows:
"Art. 1675/25. The manager controls the operation and use of the registry. ".
Art. 90. In the same chapter III, an article 1675/26 is inserted as follows:
"Art. 1675/26. The King shall determine, after receiving the advice of the manager and the Privacy Commission, the registry data and the terms and conditions for the establishment and operation of the registry. ".
Art. 91. In section 1676 of the same Code, inserted by the Act of 4 July 1972 and replaced by the Act of 24 June 2013, the following amendments are made:
1° in the Dutch text of paragraph 3, the word "adjudication-overeenkomst" is replaced by the word "adjudicationovereenkomst";
2° in paragraph 6, paragraph 1er is repealed;
Paragraph 7 is replaced by the following:
"§ 7. Part VI of this Code applies and Belgian judges are competent when the place of arbitration within the meaning of Article 1701, § 1er, is located in Belgium, or when the parties have agreed."
Art. 92. In section 1678 of the same Code, inserted by the Act of 4 July 1972 and replaced by the Act of 24 June 2013, subsection 3 is repealed.
Art. 93. In section 1680 of the same Code, inserted by the Act of 4 July 1972 and replaced by the Act of 24 June 2013, the following amendments are made:
1° in paragraph 4, the words "Article 1709" are replaced by the words "Article 1708";
Paragraph 5 is replaced by the following:
§ 5. Except as provided in paragraphs 1er 4, and articles 1683 and 1698, the Court of First Instance is competent to rule on the actions referred to in Part VI of this Code. He statues first and last spring.";
Paragraph 6 is replaced by the following:
§ 6. Subject to Articles 1696, § 1er, and 1720, § 2, the actions referred to in Part VI of this Code are the territorial jurisdiction of the judge whose seat is that of the Court of Appeal in whose jurisdiction the place of arbitration is fixed.
Where this place has not been established or is not located in Belgium, the judge whose seat is the judge of the court of appeal in whose jurisdiction the court of appeal was located which had been able to hear the dispute had it not been submitted to arbitration. ".
Art. 94. In article 1685, § 2, of the same Code, inserted by the law of 4 July 1972 and replaced by the law of 24 June 2013, the word "independence" is replaced by the words "independence".
Art. 95. In section 1696 of the same Code, inserted by the Act of 4 July 1972 and replaced by the Act of 24 June 2013, the following amendments are made:
1° Two paragraphs are inserted between paragraphs 1er and 2:
§ 1/1. The application is filed and investigated on a unilateral request. The Court of First Instance shall decide first and last according to Article 1680, § 5.
§ 1/2. Where the interim or interim measure has been rendered abroad, the territorially competent court shall be the first instance court of the seat of the court of appeal in which the person against whom the enforceable declaration is requested shall have his domicile and, in the absence of a domicile, his habitual residence, or, where applicable, his or her head office, or, failing that, his or her place or branch. If this person has no domicile, habitual residence, head office, establishment or branch in Belgium, the application shall be brought before the court of first instance of the seat of the court of appeal in the jurisdiction of which the borough is located in which the interim or provisional measure must be executed. ";
2° in paragraph 2, the words "one arbitrator or president of" are replaced by the word "le".
Art. 96. In article 1702 of the same Code, inserted by the law of 4 July 1972 and replaced by the law of 24 June 2013, the words "claim of arbitration shall be received by the defendant in accordance with article 1678, § 1er, a)" are replaced by the words "communication of the application for arbitration has been made in accordance with Article 1678, § 1er".
Art. 97. In the Dutch text of article 1705 of the same Code, inserted by the law of 4 July 1972 and replaced by the law of 24 June 2013, the word "anders" is repealed.
Art. 98. In section 1713 of the same Code, inserted by the Act of 4 July 1972 and replaced by the Act of 24 June 2013, the following amendments are made:
1° in paragraph 5 (e), the words "and the place where the sentence is rendered" are repealed;
2° Paragraph 8 is replaced by the following:
§ 8. A copy of the arbitral award shall be communicated, in accordance with Article 1678, to each party by the sole arbitrator or by the President of the arbitral tribunal. If the method of communication retained in accordance with Article 1678 has not taken away from an original, the sole arbitrator or the chairman of the arbitral tribunal shall also send such an original to the parties. ".
Art. 99. In article 1714, § 3, of the same Code, inserted by the law of 4 July 1972 and replaced by the law of 24 June 2013, the words ", the communication of the sentence and its deposit" are replaced by the words "and the communication of the sentence".
Art. 100. In article 1715 of the same Code, inserted by the law of 4 July 1972 and replaced by the law of 24 June 2013, the words "receiving the award in accordance with article 1678, § 1er"are each time replaced by the words "communication of the sentence made in accordance with Article 1678".
Art. 101. In article 1716 of the same Code, inserted by the law of 4 July 1972 and replaced by the law of 24 June 2013, the words ", in accordance with article 1678, § 1er"are replaced by the words "made in accordance with Article 1678".
Art. 102. In section 1717 of the same Code, inserted by the Act of 4 July 1972, replaced by the Act of 24 June 2013, and amended by the Act of 25 April 2014 the following amendments are made:
(a) in paragraph 2, the words ", and it may only be cancelled in the cases listed in this article." are replaced by the words ". It shall rule first and last according to Article 1680, § 5. The award may only be cancelled in the cases listed in this article. ";
(b) Paragraph 4 is replaced by the following:
§ 4. Except in the case referred to in Article 1690, § 4, paragraph 1era request for cancellation may not be filed after the expiry of a period of three months from the date on which the award was communicated, in accordance with section 1678, to the party introducing the application, or, if an application has been filed under section 1715, from the date on which the decision of the arbitral tribunal on the application filed under section 177815 has been communicated, in accordance with the request for cancellation, ";
(c) Article 1717 is supplemented by a paragraph 7, which reads as follows:
"§ 7. The party who makes a third party opposition to a decision by which the sentence was imposed by the enforceable force and who claims to obtain the annulment of the sentence without having previously filed an application for this effect must file its request for annulment, as soon as it is due, in the same procedure provided that the period provided for in § 4 is not expired."
Art. 103. In section 1720 of the same Code, inserted by the Act of 4 July 1972 and replaced by the Act of 24 June 2013, the following amendments are made:
1° it is inserted a paragraph 1er/1, as follows:
§ 1er/1. The application is filed and investigated on a unilateral request. The court shall decide first and last according to Article 1680, § 5. The appellant must make an election of domicile in the borough of the court."
2° in paragraph 2, the words "The territorially competent court shall be the court of first instance of the seat of the court of appeal in the jurisdiction of which" shall be replaced by the words "When the sentence has been rendered abroad, the territorially competent court shall be the court of first instance of the seat of the court of appeal in the jurisdiction of which";
Paragraph 3 is repealed;
4° in paragraph 4, the words "and the original of the arbitration agreement or a certified true copy" are repealed.
Art. 104. In section 1721 of the same Code, inserted by the Act of 4 July 1972 and replaced by the Act of 24 June 2013, the following amendments are made:
1° in paragraph 2, in the Dutch text, the word "zijn" is replaced by the word "haar";
2° in paragraph 2, the word "surseoit" is replaced by the word "suror".
CHAPTER 12. - Amendment of the Act of 13 March 1973 on compensation for inoperative pretrial detention
Art. 105. Section 28 of the Act of 13 March 1973 on compensation for inoperative pre-trial detention, inserted by the Act of 13 March 1973 and amended by the Acts of 4 July 2001 and 30 December 2009, the following amendments are made:
1. Paragraph 2 is supplemented by two subparagraphs as follows:
"However, when the person still has custodial sentences in progress, the days of preventive detention entering the line of account are first charged to the custodial sentences still in progress.
The amount of compensation determined in accordance with paragraphs 1er and 2 shall, if any, be assigned without formalities to the payment of the remaining amounts due by that person following criminal convictions in accordance with the regulations provided for in section 49 of the Penal Code and section 29 of the Act of 1er August 1985 with tax and other measures. This compensation is not subject to appeal. ";
2° in paragraph 3, paragraph 3, the words "If compensation is refused, if the amount is deemed insufficient" are replaced by the words "If compensation or imputation are refused, if the amount of compensation or the number of days charged is deemed insufficient".
CHAPTER 13. - Amendment of the Act of 20 July 1990 on preventive detention
Art. 106. In section 37, paragraph 2, of the Act of 20 July 1990 on preventive detention, inserted by the Act of 31 July 2009, the following amendments are made:
1° in the first sentence, the words "in the Central Judicial Officer and" are inserted between the words "transmitted" and the words "in the Police Service";
2° the sentence "When the person concerned has no domicile or residence in Belgium, this information is transmitted to the Central Judicial Officer." is repealed.
CHAPTER 14. - Amendment of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium
Art. 107. Section 36/21 of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium, inserted by the Royal Decree of 3 March 2011 confirmed by the law of 3 August 2012, and amended by the law of 25 April 2014, are amended as follows:
1° in paragraph 1er, the words "Brussels Court" are replaced by the words "Cour des marchés";
2° in paragraph 3, paragraph 4, the words "Brussels Court" are replaced by the words "Cour des marchés";
3° in paragraph 3, paragraph 5, the words "course of appeal" are replaced by the words "Cour des marchés";
4° in paragraph 3, paragraph 7, the words "Brussels Court" are replaced by the words "Cour des marchés".
CHAPTER 15. - Amendment of the Act of 5 July 1998 relating to the collective settlement of debts and the possibility of the sale of immovable property seized
Art. 108. Article 20, § 1er, of the Act of 5 July 1998 on the collective settlement of debts and the possibility of the sale of immovable property seized, replaced by the Act of 26 December 2015, is supplemented by the 5th drafted as follows:
"5° the costs of establishing and managing the central register of collective debt regulations referred to in articles 1675/20 to 1675/26 of the Judicial Code. The King determines, after the advice of the Privacy Commission, the amount of the creation and management fees that is taken into account and the terms and conditions of access to the register for public servants of the Federal Public Service Economics, P.M.E., Average Classes and Energy, responsible for the payment of fees, emoluments and expenses of the debt mediator. ".
CHAPTER 16. - Amendment of the Act of 29 April 1999 on the organization of the electricity market
Art. 109. In the Act of 29 April 1999 on the organization of the electricity market, the words "Brussels Court" and "call" are each replaced by the words "Cour des marchés", except in the following provisions:
1° Article 29quater, § 2, inserted by the law of 20 July 2005;
2° Article 29quater, § 3, first, second and last sentence, inserted by the law of 20 July 2005 and replaced by the law of 8 January 2012.
CHAPTER 17. - Amendment of the law of 7 May 1999 on games of chance, bets, random games establishments and protection of players
Art. 110. In Article 25 of the Law of May 7, 1999 on games of chance, bets, games facilities and the protection of players, replaced by the Law of January 10, 2010, the following amendments are made:
(a) at 1° the words ", or if applicable for a lesser period under point 1/2" are inserted between the words "for periods of fifteen years renewable" and the words ", under the conditions it determines";
(b) the article shall be supplemented by a paragraph written as follows:
"If, at the time of the review of an application for the renewal of a Class A licence or the issuance of a new Class A licence, the Commission notes that the new concession agreement or the current licence expires before the end of the fifteen-year licence term, it may renew or grant the licence for a term not exceeding the expiry date of the concession. ".
CHAPTER 18. - Amendment of the Financial Sector Supervision and Financial Services Act of 2 August 2002
Art. 111. In the Act of 2 August 2002 on financial sector surveillance and financial services, the words "Brussels Court" and "call" are replaced by the words "Cour des marchés", except in the following provisions:
1° Article 48bis, § 1erParagraph 2, 3;
2° Article 120, § 3, paragraph 1er;
3° Article 120, § 3, paragraph 2, 5°;
Article 120, § 3, paragraph 3;
5° Article 120, § 3, paragraph 6, first sentence;
Article 120, § 4;
7° Article 121, § 4, as amended by the Royal Decree of 25 March 2003;
8° Article 123, § 5, amended by the Royal Decree of 3 March 2011.
CHAPTER 19. - Amendment of the Act of 17 January 2003 concerning the appeals and processing of disputes on the occasion of the Act of 17 January 2003 relating to the status of the regulator of the sectors of Belgian posts and telecommunications
Art. 112. In the law of 17 January 2003 concerning the appeals and processing of disputes on the occasion of the law of 17 January 2003 relating to the status of the regulator of the Belgian postal and telecommunications sectors, the words "Brussels Court of Appeal" and "course of appeal" are replaced each time by the words "Cour des marchés", except in the following provisions:
Article 2, § 2, paragraph 1erinserted by the law of 31 May 2009;
2° Article 2, § 2, paragraph 2, 6°, inserted by the law of 31 May 2009;
3° Article 2, § 2, paragraph 4, inserted by the law of 31 May 2009 and replaced by the law of 10 July 2012;
4° Article 2, § 2, paragraph 7, first sentence, inserted by the law of 31 May 2009 and amended by the law of 13 December 2010;
5° Article 2, § 3, inserted by the law of 31 May 2009 and amended by the law of 10 July 2012.
CHAPTER 20. - Amendment of the law of 12 May 2004 organizing an appeal procedure in the context of the protection against counterfeiting and the maintenance of the quality of fiduciary traffic
Art. 113. In section 2 of the Act of 12 May 2004 organising an appeal procedure in the context of the protection against counterfeiting and the maintenance of the quality of fiduciary traffic, as amended by the Act of 18 July 2013, the following amendments are made:
1° in paragraph 1er, the words "Brussels Court" are replaced by the words "Cour des marchés";
2° in paragraph 3, paragraph 4, the words "Brussels Court" are replaced by the words "Cour des marchés";
3° in paragraph 3, paragraph 5, the words "course of appeal" are replaced by the words "Cour des marchés";
4° in paragraph 3, paragraph 6, second sentence, the words "Brussels Court" are replaced by the words "Cour des marchés";
5° in paragraph 5, the words "Brussels Court" are replaced by the words "Cour des marchés".
CHAPTER 21. - Amendment of the Act of 9 July 2004 on various provisions
Art. 114. In Article 2 of the Law of 9 July 2004 on various provisions, the words "Brussels Court of Appeal" and the words "the Court of Appeal" are replaced by the words "Cour des marchés".
CHAPTER 22. - Amendments to the Law of Principles of 12 January 2005 on Prison Administration and the Legal Status of Prisoners
Art. 115. In Article 2 of the Law of Principles of January 12, 2005 on Prison Administration and the Legal Status of Prisoners, as amended by the Act of December 23, 2005 and by the Act of May 5, 2014 as amended by the Act of May 4, 2016, the following amendments are made:
(a) in the 17th, the word "the wing" is replaced by the words "a part";
(b) at 18°, second dash, the words "or social assistant" are inserted between the word "psychologist" and the words "attacked in prison".
Art. 116. In Article 15, § 2, of the same Law, 4°, 5° and 6° are repealed.
Art. 117. In section 17 of the Act, the words "of the destination given therein as provided in section 15" are replaced by the words "of the destination or other criteria as provided in section 14 or 15."
Art. 118. In section 18 of the Act, subsection 3 is repealed.
Art. 119. Section 21 of the Act is replaced by the following:
"Art. 21. A Central Prison Supervisory Board, referred to as the Central Council, is established in the House of Representatives.
Art. 120. Section 22 of the Act is replaced by the following:
"Art. 22. The mission of the Central Council is to:
1° to exercise independent control over prisons, on treatment reserved for detainees and on compliance with their rules;
2° to submit to the House of Representatives, to the Minister who has the Justice in his or her powers and to the Minister who has the care of the penitentiary health in his or her powers, either on his or her behalf or at the request of them, advice on the administration of the penitentiary institutions and on the enforcement of penalties and custodial measures;
3° to establish monitoring commissions as referred to in Article 26 and to ensure support, coordination and operational control;
4° to prepare for the House of Representatives and the Minister who has the Justice in his or her powers and the Minister who has the prison health care in his or her powers a report on prisons, treatment for detainees and compliance with the rules concerning them. The report includes all notices rendered in accordance with the 2°, a strategic plan and annual reports provided for in Article 26, § 2, 4°.
The report is public.
The draft report shall be forwarded before the publication to the Minister who has the Justice in his or her powers and to the Minister who has the prison health care in his or her powers, who shall communicate their remarks within two months of the date of receipt."
Art. 121. Section 23 of the Act, as amended by the Act of 23 December 2005, is replaced by the following:
"Art. 23. § 1er. As long as it is necessary to carry out their duties, members of the Central Council have free access to all places in prisons and, with prior authorization from the detainee, to the detainee's living space and have the right to consult on site, except as provided by law, all books and documents relating to the prison, including the register of disciplinary sanctions and, with prior written permission from the detainee, all documents containing personal information concerning the detainee.
They are required to comply with the existing security rules.
§ 2. They have the right to maintain correspondence with inmates without being controlled and contacting them without being monitored.
§ 3. At the request of the President of the Central Council, the Director General reports on matters within the competence of the Central Council. The Director General responds within two months of receiving the request for information from the Central Council.".
Art. 122. Section 24 of the Act, as amended by the Act of 23 December 2005, is replaced by the following:
"Art. 24. § 1er. The Central Council consists of twelve members and an equivalent number of alternates appointed and revoked by the House of Representatives;
For the composition of the Central Council, linguistic parity is taken into account.
§ 2. Members are appointed on the basis of their competence or experience with the missions entrusted to the Central Council.
§ 3. The Central Council consists of at least:
1° two francophones and two Dutch speakers holding a degree or master's degree in law, including at least one French-speaking magistrate of the siege and one Dutch-speaking magistrate of the siege;
2° a French-speaking doctor and a Dutch-speaking doctor.
§ 4. The House of Representatives shall designate a permanent office, composed of two French-speaking members and two Dutch-speaking members, of which at least one member by language is a licensee or a master in law.
The members of the office shall serve on a full-time basis and may not perform any other professional activity during the term of office. The House of Representatives may grant exemptions to this prohibition provided that they do not prevent the person concerned from carrying out his or her mission properly.
§ 5. The House of Representatives shall designate one of the members of the permanent office as Chair and another as Vice-Chair. The Chair and the Vice-Chair must be a different language role.
§ 6. During the term of office, membership of the Central Council is incompatible with:
1st the membership of a Supervisory Commission;
2° the exercise of a function with the prison administration or the execution of a mission for the prison administration;
3° the exercise of a function within a minister's strategic cell;
4° the exercise of an elective mandate or membership of a European, federal, community or regional executive body.
§ 7. The term of office of the members of the Central Council is five years. The mandate can be renewed twice.
§ 8. The House of Representatives may terminate the terms of reference of the members of the Central Council:
1° at their request;
2° for serious and compelling reasons. ".
Art. 123. Section 25 of the Act is replaced by the following:
"Art. 25. § 1er. The Central Council is assisted by a secretariat composed by linguistically. The members of the secretariat are not members of the Central Council.
§ 2. The President of the Central Council directs the secretariat.".
Art. 124. In title III, chapter IV, section II, of the Act, an article 25/1 is inserted as follows:
"Art. 25/1. § 1er. The Central Council establishes its rules of procedure.
In particular, the Regulation sets out the arrangements for the convening of members, the modalities for deliberation and the modalities for the monitoring of the functioning of the Supervisory Commissions.
The rules of procedure are approved by the House of Representatives.
§ 2. The Central Council shall meet at least once a month, at the convocation of its President or at the request of a third of its members. The Central Council may meet only if half of its members plus one are present.
§ 3. The Central Council drafts a code of ethics for its own operation, as well as for the Supervisory Commissions.
§ 4. Articles 458 and 458 bis of the Criminal Code apply to members of the Central Council and to members of the secretariat without prejudice to the mission of the Central Council."
Art. 125. In section II, an article 25/2 is inserted as follows:
"Art. 25/2. § 1er. The Central Council is among its members a French-speaking appeal board and a Dutch-speaking appeal board, each comprising three members.
The Central Council also designates three alternate members for each language role.
Each Appeals Board is chaired by a magistrate at the headquarters.
§ 2. The Appeals Board is responsible for examining:
1 the remedies brought against the decisions of the complaints commissions, as determined in article 31;
2° appeals against individual security placement decisions, as provided for in Part VI, Chapter III, Section III;
3° appeals against decisions taken in respect of claims against an investment or transfer, as provided for in Part VIII, Chapter III.
§ 3. When processing the appeal, the Appeals Board shall challenge any member of the Appeals Board whose independence with respect to the processing of the complaint may be contested, and that on its own, at the request of one of the parties or at the request of the member himself.
Art. 126. In the same section II, an article 25/3 is inserted as follows:
"Art. 25/3. § 1er. The House of Representatives shall determine the remuneration of officers and the compensation of members of the Central Council and members of the commissions. The same applies to the organic framework and the status of the secretariat members.
The House of Representatives may amend this remuneration, allowance, framework and status after receiving the advice of the Central Council.
§ 2. An endowment is included in the General Estimates of the State to finance the functioning of the Central Council and the monitoring commissions.
The Central Council prepares an annual budget proposal for its operation and that of the monitoring commissions. The House of Representatives, assisted by the Court of Auditors, examines the detailed budget proposals of the Central Council. It approves and controls the execution of its budget, reviews and approves the detailed accounts.
For its budget and accounts, the Central Council uses a budget outline and accounts comparable to that used by the House of Representatives. ".
Art. 127. Section 26 of the Act is replaced by the following:
"Art. 26. § 1er. The Central Council shall establish a monitoring commission with each prison and shall inform the House of Representatives.
§ 2. The mission of the Supervisory Commission is to:
1° to exercise independent control over the prison for which it is competent, the treatment reserved for detainees and the observance of the rules concerning them;
2° to submit to the Central Council, either ex officio or upon request, advice and information on matters that, in the prison, have a direct or indirect connection to the well-being of detainees, and to formulate proposals that it considers appropriate;
3° ensure mediation between the Director and the inmates regarding issues that are brought to the attention of the members;
4° to prepare an annual report on prison, treatment for detainees and compliance with the rules concerning them."
Art. 128. Section 27 of the Act is replaced by the following:
"Art. 27. § 1er. As long as it is necessary to carry out the missions, members of the Supervisory Commissions have free access to all places of the prison and, with the prior authorization of the detainee, to the detainee's living space and have the right to consult on site, except as provided by law, all books and documents relating to the prison, including the register of disciplinary sanctions and, with prior written permission of the detainee, all documents containing personal information concerning the detainee.
They are required to comply with the existing security rules.
§ 2. They have the right to maintain correspondence with inmates without being controlled and contacting them without being monitored.
§ 3. At the request of the Chairman of the Supervisory Commission, the Director reports on matters within the competence of the Commission. The Director shall respond no later than in the month of receipt of the request for information from the Supervisory Board. ".
Art. 129. Section 28 of the Act, as amended by the Act of 5 May 2014, is replaced by the following:
"Art. 28. § 1er. Each Supervisory Commission consists of a minimum of eight and a maximum of twelve members and an equal number of alternate members. They are appointed by the Central Council for a term of five years, renewable twice, after written advice from the Chairman of the Supervisory Commission.
§ 2. Each Supervisory Commission shall have at least one member:
1° two persons with a law degree or master's degree;
2° a doctor.
§ 3. The Central Council shall designate, on the proposal of the Supervisory Commission, in each Supervisory Commission, one of the members as Chair and another as Vice-Chair.
For the supervisory commissions established at a prison located in the Brussels-Capital Region, the president and vice-president belong to a different linguistic role.
§ 4. During the term of office, membership of a monitoring commission is incompatible with:
1° membership in the Central Council;
2° the exercise of a function with the prison administration or the execution of a mission for the prison administration;
3° the exercise of a position in the enforcement court;
4° the exercise of a function within the Minister's Strategic Cell;
5° the exercise of an elective mandate or membership of a European, federal, community or regional executive body.
§ 5. The Central Council may terminate the mandate of members:
1° at their request;
2° for serious and compelling reasons. ".
Art. 130. Section 29 of the Act is replaced by the following:
"Art. 29. § 1er. Each Supervisory Commission is assisted by a secretary and an alternate secretary who does not belong to the prison administration. They are designated by the Central Council on the proposal of the Supervisory Commission.
§ 2. The appointment of the secretary or alternate secretary of the Supervisory Committee may be terminated by a reasoned decision of the Central Council for serious reasons.
§ 3. The Secretary ' s mission is established by the Chairman of the Supervisory Commission. ".
Art. 131. Section 30 of the Act, as amended by the Act of 23 December 2005, is replaced by the following:
"Art. 30. § 1er. Each Supervisory Board shall establish its rules of procedure, subject to approval by the Central Council. In particular, the Regulation sets out the modalities for convening members and deliberation.
§ 2. The Supervisory Commission meets at least once a month. The Commission may meet only if half of its members plus one are present.
§ 3. One or more members of the Supervisory Commission are in turn responsible, for one month and at least once a week, for visiting as a Commissioner of the month the prison(s) with which the commission is established, in particular in order to carry out the tasks referred to in Article 26, § 2, 1°.
Month commissioners organize a weekly permanence for inmates.
§ 4. Articles 458 and 458 bis of the Criminal Code apply to members of the Supervisory Commission and to members of the secretariat without prejudice to the mission of the Supervisory Commission. ".
Art. 132. Section 31 of the Act is replaced by the following:
"Art. 31. § 1er. Each Supervisory Commission is among its members a three-member Complaints Commission, chaired by a person holding a licence or a Master of Law.
If one or more members of the complaints committee are unable to do so, the chair shall designate members of the supervisory board who may replace them.
§ 2. Members of the Complaints Commission are solely responsible for handling complaints as provided for under VIII, chapter Ier.
§ 3. When dealing with a complaint, the Complaints Commission shall challenge any member whose independence in relation to the handling of the complaint may be challenged, on his or her own request, at the request of one of the parties or at the request of the member himself. ".
Art. 133. In title III, chapter IV, section III, of the Act, an article 31/1 is inserted as follows:
"Art. 31/1. The House of Representatives sets out the compensation and status of members of the supervisory boards, members of the complaints commissions and secretaries.
The House of Representatives may amend this allowance and status after seeking the advice of the Central Council.".
Art. 134. In article 35, § 2, of the same law, the words "a form whose model will be arrested by the King" are replaced by the words "the file of the convict".
Art. 135. In section 36 of the Act, subsection 3 is repealed.
Art. 136. Section 37 of the Act is repealed.
Art. 137. In section 38 of the Act, the following amendments are made:
1° in paragraph 1er, the words "at 37" are replaced by the words "and 36";
(2) Paragraph 2 is repealed;
Paragraph 5 is repealed.
Art. 138. Section 40 of the Act is repealed.
Art. 139. In section 48 of the Act, including the text of subsection 1er is the single paragraph, subsection 2 is repealed.
Art. 140. Section 65 of the Act is replaced by the following:
"Art. 65. Any means of telecommunications that is not made available to detainees by the prison administration or authorized by or under this Act is prohibited.".
Art. 141. In section 72 of the Act, replaced by the Act of 20 July 2006, the text of subsection 1er constitute a single paragraph, subsection 2 is repealed.
Art. 142. In Article 73, § 1erthe words "72, § 1er"are replaced by the word "72".
Art. 143. Section 108 of the Act, amended by the Act of 1er July 2013 and partially annulled by Constitutional Court Decision No. 20/2014, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "by the supervisory personnel mandated for this purpose by the Director, in accordance with the directives given by the Director" are replaced by the words "by the supervisory personnel, in accordance with the directives given by the Director";
2° in paragraph 2, paragraph 3, the words "of supervision" are inserted between the words "of the staff" and "of the same sex" and the words ", mandated to this effect by the director" are repealed.
Art. 144. Article 109, § 1erParagraph 1er, in the same law, the words "of personnel mandated to do so by the Director" are replaced by the words "the members of the supervisory staff".
Art. 145. In section 147 of the Act, the following amendments are made:
1° in paragraph 1er the words "desirs, proposals and" are repealed;
2° Paragraph 2 is repealed.
Art. 146. In section 148 of the Act, the words "Without prejudice to the possibility of complaining informally with the Supervisory Commission" are replaced by the words "Without prejudice to the possibility of an inmate to address the management and the Supervisory Commission".
Art. 147. In Article 150, § 4, of the same Law, the words "in accordance with the rules to be established by the King" are repealed.
Art. 148. In Article 152, § 1er, from the same law, the word "After" is replaced by the word "Dès".
Art. 149. Article 153, § 1er, of the same law, the words "of office or on proposal of the director" are replaced by the words "except opposition of the director".
Art. 150. In section 155, § 2, of the same law, the words "in accordance with the rules laid down by the King" are repealed.
Art. 151. In section 156 of the Act, the words "on the request of the complainant and" are repealed.
Art. 152. In section 157, § 3, of the same law, the second sentence beginning with the words "The Minister determines" and ending with the words "to identify the inmate." is repealed.
Art. 153. In Article 161, § 2, of the Act, the following amendments are made:
1° in the preliminary sentence, the words "that the Appeals Board may decide" are deleted;
2° in the 2°, the words "in the prison" are inserted between the words "can be formulated" and "a member of the commission".
Art. 154. In section 162 of the Act, subsection 2 is repealed.
Art. 155. In article 164, § 2, of the same law the word "seven" is replaced by the word "fourteen".
Art. 156. In section 166 of the Act subsection 1er is replaced as follows:
§ 1er. Sections 154 and 155 are applicable by analogy to the review of the appeal, provided that it is the Director General or his delegate who acts in this proceeding and that all submissions must be made in writing."
CHAPTER 23. - Amendment of the Act of 6 July 2005 on Certain Judicial Provisions in Electronic Communications
Art. 157. In Article 2 of the Act of 6 July 2005 on certain legal provisions concerning electronic communications, as amended by the Act of 26 March 2014, the words "Brussels Court of Appeal" are replaced each time by the words "Cour des marchés".
CHAPTER 24. - Amendment of the law of 1er April 2007 on public tenders
Art. 158. In the law of 1er April 2007 on public tenders, last amended by the law of October 25, 2016, the words "Brussels Court" and "call course" are replaced by the words "Cour des marchés", except in the following provisions:
Article 41, § 3, paragraph 1er;
2° Article 41, § 3, paragraph 2, 5°;
Article 41, § 3, paragraph 3;
4° Article 41, § 3, paragraph 5, first sentence.
CHAPTER 25. - Amendment of the Act of 31 January 2009 on business continuity
Art. 159. In section 11 of the Business Continuity Act of January 31, 2009, the following amendments are made:
1° in paragraph 1erthe words "of the management committee and the monitoring committee" are replaced by the words "of the Privacy Commission";
2° in paragraph 2, the words "of the same committees" are replaced by the words "of the Privacy Commission".
CHAPTER 26. - Amendments to the Economic Law Code
Art. 160. In the law of 17 January 2003 concerning the appeals and processing of disputes on the occasion of the law of 17 January 2003 relating to the status of the regulator of the Belgian postal and telecommunications sectors, the words "Brussels Court of Appeal" and "course of appeal" are replaced each time by the words "Cour des marchés", except in the following provisions:
Article 2, § 2, paragraph 1erinserted by the law of 31 May 2009;
2° Article 2, § 2, paragraph 2, 6°, inserted by the law of 31 May 2009;
3° Article 2, § 2, paragraph 4, inserted by the law of 31 May 2009 and replaced by the law of 10 July 2012;
4° Article 2, § 2, paragraph 7, first sentence, inserted by the law of 31 May 2009 and amended by the law of 13 December 2010;
5° Article 2, § 3, inserted by the law of 31 May 2009 and amended by the law of 10 July 2012.
Art. 161. In Article VI.83 of the Economic Law Code, inserted by the law of December 21, 2013 and amended by the law of October 26, 2015, the 23rd is repealed.
Art. 162. In Article XIV.50 of the same Code, inserted by the Act of 15 May 2014 and amended by the Act of 26 October 2015, the 23rd is repealed.
CHAPTER 27. - Amendments to the Act of 30 August 2013 concerning the Railway Code
Art. 163. In Article 221/1 of the Act of 30 August 2013 on the Railway Code, inserted by the Act of 30 August 2013, the words "Brussels Court" are replaced by the words "Cour des marchés".
Art. 164. In article 221/2 of the same law, inserted by the law of 30 August 2013, the words "Brussels Court of Appeal" are replaced by the words "Cour des marchés".
Art. 165. In article 221/3 of the same law, inserted by the law of 30 August 2013, the words "Brussels Court of Appeal" are replaced by the words "Cour des marchés".
Art. 166. In article 221/5 of the same law, inserted by the law of 30 August 2013, the words "Brussels Court of Appeal" are replaced by the words "Cour des marchés".
CHAPTER 28. - Amendments to Act of 1er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary
Art. 167. In the law of 1er December 2013 on the reform of the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary, in place of article 152 cancelled by Constitutional Court Decision No. 139/2015, an article 152 is inserted as follows:
"Art. 152. The magistrates who, at the time of the coming into force of this Act, are appointed, pursuant to section 100 of the Judicial Code, to or near different courts of first instance of the jurisdiction of the Court of Appeal and which, in accordance with this Act, are part of various courts of first instance of that jurisdiction, are in full right appointed in a court of first instance or a prosecutor in which they were appointed at the time of entry into force
Art. 168. Article 156, paragraph 1erthe same law is supplemented by the following sentence:
"The members of level A and B staff appointed in the justices of the peace at the time of the coming into force of this Act shall be renamed ex officio in the judicial district without the application of section 287sexies of the Judicial Code and without further oath."
CHAPTER 29. - Amendment of the Act of May 4, 2016 on Internship and various Justice Provisions
Art. 169. In section 130 of the Act of May 4, 2016 relating to the internment and various provisions of Justice, the 6th and 7th are repealed.
Art. 170. In section 258, paragraph 1er, from the same law the words "of six months" are replaced by the words "of one year".
CHAPTER 30. - Amendments to Act of 1er December 2016 amending the Judicial Code and the Bankruptcy Act of 8 August 1997 to introduce the Central Registry of Solvency
Art. 171. In Article 10 of the Law of 1er December amending the Judicial Code and the Bankruptcy Act of 8 August 1997 are inserted, in Article 5/6, § 1er, from the law of August 8, 1997 on bankruptcy the words "organization and" are inserted between the words "enforced by" and the words "management of".
Art. 172. In section 18, of the Act, in paragraph 2 (b), the words "within the curator the parts referred to in paragraph 1er"are replaced by the words "the parts referred to in paragraph 1er by registered mail or against receipt to the address of the curator's office as mentioned in the judgment".
Art. 173. Section 23 of the Act is replaced by the following:
"The documents of a bankruptcy record that, at the time of the coming into force of this Act, are held in the paper registry are supposed to be part of the bankruptcy record. They shall not be loaded in the registry and may be consulted in the registry.".
Art. 174. In section 24 of the same law, the words "31 December 2016" are replaced by the words "1er April 2017".
CHAPTER 31. - Abrogatory provisions
Art. 175. Sections 4 to 7 of the Act of 20 October 2000 introducing the use of telecommunications and electronic signature in judicial and extrajudicial proceedings are repealed.
Art. 176. In the Act of 10 July 2006 on electronic procedure, the following articles are repealed:
1st article 2, last amended by the law of 4 May 2016;
2° Article 3;
Articles 5 and 6;
4° Article 8, amended by the law of 5 May 2014;
5° Article 11, amended by the law of 5 May 2014;
6° Article 12, amended by the law of 5 May 2014;
7° Article 13, amended by the law of 5 May 2014;
8° Article 14;
9° Article 15, amended by the law of 13 August 2011;
10° articles 16 to 28;
11° Article 38, amended by the law of 5 May 2014.
Art. 177. The Act of 5 August 2006 amending certain provisions of the Judicial Code with a view to electronic proceedings, as amended lastly by the Act of 4 May 2016, is repealed.
Art. 178. Section 2, (a) and (b), of the Business Continuity Act of January 31, 2009, is repealed.
Art. 179. Section 145 of the Act of 1er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary, replaced by the Act of 8 May 2014 and amended by the Act of 10 August 2015, is repealed.
CHAPTER 32. - Transitional provisions
Art. 180. When the parties have agreed to give power to the President of the Court of First Instance, to the President of the Court of Commerce or to the Justice of the Peace, in accordance with Articles 585, 588 and 594 of the Judicial Code as applicable before the coming into force of this Law, and that they cannot agree on the appointment of the arbitrator or arbitrators, it shall be carried out in accordance with Article 1685, § 3, of the Judicial Code.
Art. 181. Sections 79 and 80 apply to the expertise ordered from the coming into force of this Act.
CHAPTER 33. - Entry into force
Art. 182. Section 66 produces its effects on May 13, 2016.
Section 167 produces its effects on 1er September 2016.
Chapter 30 and section 169 come into force on December 30, 2016.
Chapters 17 and 31 and articles 63, 2 and 159 come into force on December 31, 2016.
Chapter 6 and Articles 32 and 81 come into force on 1er January 2017.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 December 2016.
PHILIPPE
By the King:
Minister of Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of Telecommunications and Post Office,
A. DE CROO
The Minister of Justice,
K. GEENS
The Minister of Finance,
J. VAN OVERTVELDT
The Minister of Energy,
Ms. M.-C. MARGHEM
Minister of Mobility,
F. BELLOT
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) Note
House of Representatives
(www.lachambre.be)
Documents: 54 1986
Full report: 21-22 December 2016