Key Benefits:
Law of 26 January 2001 establishing the Law of the Court of Justice of the European Union
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to lay down, by law, rules on the organisation of the office of bailiffs and on the rights and obligations of bailiffs;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of applying to or pursuant to this Act, the following definitions shall apply:
a. Our Minister: Our Minister of Security and Justice;
b. Court-door authentication register: the register referred to in Article 1a ;
(c) acts of ex officio: the activities referred to in Article 2 ;
d. court-door officer: the official, appointed by Article 4, first paragraph ;
e. Acting coursedoor truer: the acting bailier, intended to Article 23 ;
f. Candidate bailiff: the candidate bailiff, for the purpose of Article 25 ;
g. added bailier: the added bailier, intended to Article 27 ;
h. The Office: the Financial Supervision Office referred to in Article 110 of the Law on Notation Office;
i. Chamber for bailiffs: the college, intended to Article 34 ;
j. part time: the working time shorter than the full duration of working time, as referred to in Article 2 of the Remuneration Decision Civil Servants 1984 ;
k. the KBvG: the Royal Professional Organization of Court Doors, intended in Article 56 .
1 There is a register for bailiffs, acting court bailiffs, added bailiffs and candidate bailiffs, which is managed by the board of the KBvG.
2 In the register, each bailier, acting court bailier, added bailier and candidate bailier shall be entered with the name and place of birth and the date of birth.
3 The following information shall also be entered in the register in respect of the persons registered in the register, where applicable:
(a) the appointment of the bailier, his resignation or death;
b. Observation, intended in Article 23 ;
c. an addition as specified in Article 25 to a judicial bailier;
d. an addition as specified in Article 27 to a judicial bailier;
e. the consent of the acting court bailier on the basis of the articles 25c, sixth paragraph , 28, 6th paragraph , or 29, second paragraph ;
f. the minutes of oath or promise, intended in Article 9 (4) ;
g. the signature and paraaf of the bailier, acting courskeeper, added bailier and candidate bailier;
h. the place of establishment of the judicial bailier;
i. the other work and the side relations of the bailier, acting court bailier, added bailier and candidate court bailier specified on the basis of the court's Article 20 (4) ;
(j) a suspension on the basis of Article 38, first or fifth member , then Article 51 ;
k. an irrevocable imposition of a measure as referred to in Article 43, second paragraph , and Article 49, first paragraph ;
(l) the statement of objection, based on irrevocable judgment, without the imposition of a measure, Article 43, third paragraph ;
m. an irrevocable and unconditional imposition of an administrative penalty or a charge under penalty payment as intended Article 30b, second paragraph .
4 Our Minister, the Bureau, the Chamber of Courts and the Amsterdam court have unlimited access to their task under this law.
5 The register shall be available to each of them, with the exception of the information relating to:
-the place and date of birth of the attached Members,
-the statement of a complaint without the imposition of a measure;
-disciplinary measures of the warning, reprimand or penance on the basis of Article 43, second paragraph, parts a, b and c , unless application is made to Article 43, fourth paragraph;
-disciplinary action in respect of Article 49, first paragraph , to the extent that a warning, reprimand or fine has been imposed; and
-the measures imposed on the basis of Article 30b .
6 In the case of general management measures, detailed rules may be laid down for the application of the second and third paragraphs, the establishment of the register, the way in which it is managed, access to the register and the provision of information from the register by the board of the KBvG. The board of directors of the KBvG shall, upon request, provide a certified copy or extract at cost.
1 The court-bailier shall be a public official, with responsibility for the tasks assigned or reserved by the law, whether or not to the exclusion of each other, to bailiffs under the law. The bailier shall in particular be responsible for:
a. the doing of summons and other meanings belonging to the courtroom or the instruction of the proceedings;
b. the conduct of judicial notice, notices, protests and further expended;
c. abductions, herds, enforceable orders, hostage-taking and other acts, belonging to, or required for, enforcement of enforcement titles or for the retention of rights;
d. Protests of non-acceptance or non-payment of bills, order bills and the like and the preparation of an instrument of intervention at the foot of the protest;
e. the official supervision of voluntary public courtations of movable tangible property in bid, tender and exit, or at the event of a final exit.
2 The terms of office referred to in paragraph 1 shall be defined by a general measure of management.
3 The term of office shall be understood to mean the activities directly related to it.
4 The Chapter 3 and 4 of the General Administrative Law Act shall not apply to officialacts and refuse to carry out such acts.
1 The bailier shall be responsible for the conduct of ex officio proceedings in the territory of the Netherlands.
2 The court-bailier does not have the power to conduct an act of office for the benefit of, or directed against, the following:
a. Himself, his spouse, registered partner, or a person with whom he maintains and cooperates a lasting relationship;
b. His blood or relatives, in a straight line undetermined and on the sidelines up to and including the third degree;
c. a natural person, other than a judicial officer, or a legal person, whose shares are not in full possession of a court-holder, who directly or indirectly owns shares of or fulfils the position of director in the Legal person holding the office from which the judicial bailier carries out its own acts.
3 The court-bailier shall not be responsible for the conduct of an act of office for the benefit of, or directed against, the following:
a. the blood and the relatives of a person with whom he maintains a lasting relationship and living together, in a straight line undetermined and on the sidelines up to and including the third degree;
(b) a legal person which he knows or ought to have known that one of the persons referred to in paragraph 2 (a) or one of their blood or relatives in a straight line holds a majority of the shares or the function of Director.
4 Acts of officialshall act in breach of the second or third paragraphs shall be null and void.
1 The court-bailier who receives a contract for the conduct of an act shall, if it must reasonably take into account the possibility that the conduct of that act is contrary to the international obligations of the Court of Justice, State, Our Minister is informed of the contract received by the Minister, in accordance with the procedures laid down by ministerial rules.
2 Our Minister may call a bailier to say that an ex-officio who is or will be assigned to him or who has already been carried out by him is contrary to the international obligations of the State.
3 An agreement may be of its own motion only. As a matter of urgency, an oral reply may be made orally, in which case it shall be confirmed in writing without delay.
4 The notice is to be notified by placing in the Official Gazette.
If at the time the bailier receives an appeal as referred to in paragraph 2, the act of office has not yet been carried out, the notice of appeal shall be that the bailier shall not have jurisdiction to carry out such an act. Ex-officio. An ex officio operation carried out in breach of the first sentence shall be null and void.
6 At the time when the bailier received a notice as referred to in paragraph 2, the act of office was already carried out and it constituted a storage fleet, it shall mean that notice to the person to whom it has been expounded. It takes up the herd and uneffects its consequences. The cost of service of the notice shall be borne by the State.
7 The court may, in proceedings for interim relief, abolish the effects of the notice referred to in the first sentence of the fifth paragraph and the obligations referred to in the sixth paragraph, without prejudice to the jurisdiction of the court of ordinary courts. If the officialact involves a seizure Article 438, fourth paragraph, of the Code of Civil Procedure applicable.
1 A bailier is appointed by royal decree. The decision shall specify the place of establishment. He may first commence his work as a bailier after he is registered in the courts ' register of courts.
2 To carry out the title of court-bailier shall be exclusive of the person who is registered as such in the Registry of the Court of Registry and has not been suspended or dismissed.
The court-bailier shall only appoint the person who:
(a) Dutch nationality or the nationality of another Member State of the European Union, of another State party to the Agreement on the European Economic Area or of the Swiss Confederation;
b. having due a good course of action, has gone through a training course approved by Our Minister to prepare for the profession of bailier;
c. the internship, intended in Article 25, second paragraph , has gone through;
d. the Dutch language shall have sufficient control for the proper performance of the office of bailier;
e. in the capacity of a bailier or a candidate bailier for the year preceding his/her application for appointment on an average of at least 21 hours per week;
f. is in possession of a business plan that complies with the terms and conditions of Article 6, first paragraph , as well as the opinion referred to in Article 6, second paragraph; and
g. in possession of a certificate of conduct issued according to the Law and punitive data law and who are not more than three months old, or if the person concerned does not own the nationality of the Netherlands, a statement to be equivalent to a declaration of behaviour issued by the competent authority in the State of origin.
1 The business plan referred to in Article 5 , it has been drawn up in such a way that it appears in any case:
(a) that the applicant has sufficient financial resources to keep an office in accordance with the requirements of the post; and
On reasonable grounds, it may be expected that, after three years ' time, the practice may be carried out on a cost-wide basis.
2 The business plan shall be the subject of an opinion by a Commission of experts appointed by Our Minister. The Commission shall be empowered to obtain information from the Agency and the Office in connection with the investigation of the business plan. The opinion shall be annexed to the business plan.
3 The secretariat of the Committee of Experts shall be based on the Office.
4 For the opinion of the Commission of experts on the business plan, costs shall be charged to the applicant.
5 In the case of, or under general management, detailed rules shall be laid down concerning:
a. the business plan;
(b) the composition and working methods of the Commission of experts;
c. the way in which the costs of the consultancy are calculated.
1 The person wishing to be appointed for appointment as a bailier shall submit to our Minister a request for that purpose, stating the place in which he intends to establish himself as a bailier. On request, he shall provide evidence that he complies with the conditions laid down in the Annex. Article 5 , including the business plan. In the request, he shall also issue the office or offices where the judicial bailier under whose responsibility he carried out his acts of conduct.
2 Our Minister sends a copy of the request with the annexes to the board of the KBvG and the Bureau, requesting it not later than three months to inform him of any facts or circumstances which are known to him. Consider the refusal of the request to be a result.
3 An appointment may be refused only if one or more of the Article 5 the conditions set out are not met or if, in the light of the applicant's antecedents, there is a well-founded fear that the judicial bailier will act upon appointment or fail to act contrary to the law determined or otherwise determined by law or by virtue of the law. obstructing or impeding the performance of the court's performance of the office of courts. A decision to refuse an appointment is given by Our Minister.
4 Upon request, it shall be decided within four months of receipt of the request.
By way of derogation from Article 8:4 (a) (a) of the General Administrative Law, an interested party may institute proceedings against a decision to appoint a court-bailier.
1 The court of justice shall, within two months of the date of the day on the day of his appointment, submit to the court of the district where the place of establishment is situated the following oath or promise:
" I swear (promise) fidelity to the King and the Constitution . '
"I swear (Promise), that I will act upon the laws and regulations on my office and that I will perform my duty honestly and meticulously."
"In addition, I declare that, to be appointed bailier to be appointed, directly or indirectly, no one, under whatever name or other pretext, has promised or issued any gifts or gifts, either promise or release."
2 When the oath or promise, referred to in paragraph 1, is made in the Frisian language, the text of the oath or promise shall read as follows:
"I swar (ûnthjit) trou oan de Kening and the Grûnwet."
"I swar (ûnthjit), that I my hâlde and makes sil neffens the laws and foils sa't dy on myn amt fan tapassing binne and that I have myn task earlik and sekuer útfiere sil."
"Fierders swar (ferklearje) I, that I, to strangle ta german doarwarder beneamd, midlik or streekrjocht oan gjinien, ûnder wat namme or wat útwynsel ek, likefolle hokker jeften or geskinken tasein or ôfjûn haw, nor tasizze of ôfjaan sil".
3 If the oath or promise has not been made within the period referred to in paragraph 1, the appointment shall lapse. Our Minister may extend the period referred to in the first paragraph.
4 The Registrar of the Court of Justice shall give a record of the oath or promise to the bailier for hearing.
5 The bailier shall be allowed to register in the register of courts immediately after taking the oath or promise, on presentation of the minutes referred to in the fourth paragraph and under the certificate of his signature and of the order of office.
1 The place of establishment of a judicial bailier may, with the agreement of the person concerned, be amended by our Minister to a decision which also lays down the date of entry.
2 The bailier wishing to settle in a different place shall make a request to our Minister for that purpose. He shall make an indication of the municipality in which he intends to settle. In making such a request, he shall submit a business plan as referred to in Article 6, first paragraph , relating to the place where he intends to establish himself, as well as the opinion referred to in the second paragraph of that Article. Article 7, second and fourth paragraphs , shall apply mutatis mutandis.
3 The request may be refused only if the business plan submitted to the request does not comply with the requirements of Article 6 .
The bailier is required at all times throughout the district where its place of establishment is situated or, if the arrondissement covers more than one province, in the part of the district which is situated in the province. in which his place of establishment is situated the ex officio to which he is empowered to perform when requested to do so, unless:
a. In the light of his personal circumstances, this cannot reasonably be required of him; or
(b) the applicant is not prepared to advance, pursuant to this Law, the advance payment requested by the judicial bailier for the conduct of ex officio proceedings.
1 If circumstances arise as intended in Article 11 (a) The bailier shall, in so far as it is in his own power, take the necessary measures to ensure that, where necessary, provision is made for the conduct of the ex officio proceedings. To that end, the bailier may request our Minister to appoint an observer. He may recommend an observer to that effect.
2 If the bailier has been prevented from performing his office for more than 30 days, he shall inform our Minister of this, under the communication of the measures referred to in the first member, which he has taken.
1 The bailier shall carry out his duties in independence. The bailier may not exercise his office in any context which makes it possible to become independent or to be affected.
2 In the case of, or under general management, detailed rules may be laid down in respect of the provisions of the first paragraph.
3 The nomination for a general measure of management to be adopted under the second paragraph shall not be taken than four weeks after the draft has been submitted to the two Chambers of the States.
In the case of the conduct of an act of officialdom, the bailier shall be obliged to legitimise, if so requested, by means of a certificate issued by Our Minister.
Before moving on to the execution of an enforceable title for the removal of immovable property from a trailer or a residential ship, the bailiffs shall give to the mayor and aldermen of the municipality within which the depopulation will take place, as soon as possible, knowledge of the time at which he will proceed to execution.
1 The court's door to be completed shall be clear, in unabated consistency, without the use of abbreviated abbreviations and in accordance with the legislation applicable to it.
2 An exploot is dated and signed by the court bailier. The day drawing shall be in letters.
3 At the foot of the exploot, the costs shall be the cost of the Articles 240 and 434a of the Code of Civil Procedure , please.
4 A court officer shall, upon request, provide the original of the expend to the person at whose request he has carried out the act of ex officio. He shall keep a copy of each of the expeners for the purposes of his administration.
1 The bailier shall keep an office situated in its place of establishment. It shall be obliged to keep a good consulutable register and register.
2 At the request of a bailier, our Minister, after hearing the Commission of Experts, may, Article 6 , allow him to set up a side office elsewhere.
1 The court-bailier is obliged to conduct an administration in respect both of its activities as well as in respect of his office capacity, from which at all times its rights and obligations can be easily known. It shall also be required to conduct an administration with regard to his private assets, including the ability of a community of goods in which he is married or in which he has entered into a registered partnership. The bailier must take stock of both office and personal capacity each year and, in the case of office operations, a State of income and expenses.
2 The administration in respect of its activities as such, as provided for in paragraph 1, relates to ex officio proceedings and to the other activities referred to in the first paragraph. Article 20 Which the bailier carries out. The administration shall include, among other things, a register and a register.
3 The register shall consist, in the order of the day drawing, of the copies of the documents drawn up or signed by the judicial bailier, the minutes, the instruments and the declarations.
4 The register shall be kept day to day and shall include in respect of all the expraffes issued by the bailier:
a. the day drawing of the exploot,
b. the nature of the expuner,
(c) the name of at least one of the parties concerned; and
d. Cost of expending.
5 By regulation, rules shall be laid down as regards the way in which the office and private administration are kept and kept up to date.
1 The bailier is obliged to keep the documents and copies of his office records during the period of Article 10, third paragraph, of Book 2 of the Civil Code the deadline to be retained. Article 10, 4th paragraph, of Book 2 of the Civil Code shall apply.
2 The court-bailier is obliged to issue, against payment of the costs to be fixed by ministerial order, the documents relating to his register, on their wish to issue expeditions or extracts from them at the time of the establishment of the they have received either the original or a copy, or their successors, under general or special title. In the case of a third-person receiving an electronic copy, this issue shall be free of charge. The expeditions or extracts shall be certified as such by the courts of the courts and shall be signed and signed by the judicial bailier.
3 In the event of death, a change to the place of establishment as intended in Article 10, fourth paragraph In the case of dismissal, the bailier or his heirs shall transfer to the administration documents which are still to be kept under the first paragraph, to the acting bailier or one to be indicated by our Minister. custodian. The second paragraph shall apply mutatis mutandis to the person to whom the documents have been transferred.
4 The first paragraph shall apply mutatis mutandis to the private administration of the judicial bailier.
1 The bailier is obligated to a bank as intended Article 1: 1 of the Law on Financial Supervision to hold one or more special accounts in his name, indicating his or her capacity, intended solely for the purpose of funds, which he/she shall take as such for the benefit of third parties in connection with his activities. Funds which are entrusted to the judicial bailier in connection with his work as such for the benefit of third parties must be paid into that account. The above bank shall add the interest raised in respect of the money to the balance of the special account. Where these funds have been wrongly paid into another account of the court's bailier, or where the special account has been paid to them unduly, the bailier shall be obliged to pay them immediately in the correct account. The same shall apply where the funds have been directly placed in the hands of the court bailier. If more bailiffs work together in a partnership, the particular account may be made in particular of those bailiffs together, the partnership or company. The bailier shall indicate the number of the special account on its stationery.
2 The court of justice shall, for the purposes of exclusion, be responsible for the management and decision on the special account. The bailier may agree with a rightholder to periodically reverse its share in the balance of the special account. He may grant full power to a person employed under his responsibility. He may only make payments on behalf of a rightholder. Claims made by the bailier in respect of activities performed for the rightholder shall be deducted from the share of the rightholder in the balance as soon as they have been declared to the rightholder. If the claim is contested, the bailier may suspend the payment of the balance referred to in paragraph 4 until the amount disputed until it is established as to what the rightholder owes to it in respect of that activity. Without prejudice to the last sentence of the fourth paragraph, the court shall, for his/her activities in respect of the sums granted to him, be the legal officer in the balance.
3 The right of claim resulting from the special account shall belong to the joint rightholders. The share of each pensioner shall be calculated pro rata to the amount of the special account to be paid to him. The bailier or, in the case of a joint account referred to in the sixth sentence of the first paragraph, each bailier, shall be obliged to supplement a deficit in the balance of the special account, and shall be the subject of such a judicial review. any liability, unless it can be assumed that he is not responsible for the creation of the deficit.
4 A rightholder shall have the right to benefit from his share of the balance of the special account in so far as it does not otherwise result from the nature of his right. If the balance of the special account is not sufficient to pay the amount of his share to each recipient, the bailier may pay the rightholder only as much as in relation to the rights of the other Member States. right holders may be allowed. In that case, the balance shall be distributed to the rightholders in proportion to the share of each person, it being understood that if a bailier himself is rightholder, it is only allocated to it, after the other one has been right holders have received it for the benefit of the recipients.
No third party may be placed under the bank referred to in paragraph 1 on the share of a rightholder in the special account. In the case of a rightholder in the special account, the bailier shall be entitled under the bailier to that effect, the bailier to whom it is responsible for the application of the law. Articles 476a and 477 of the Code of Civil Procedure has made a statement or has been sentenced in accordance with Article 477a of that Code , without order by the rightholder in accordance with the statement or sentence to be paid to the executant.
6 Acts carried out in violation of the provisions of this Article shall be voidable. The ground of destruction may be relied on by any directly interested party. Any rights acquired by third parties in good faith other than those not obtained on monies which were the subject of the annulled legal act shall be respected.
7 By ministerial arrangement rules shall be laid down regarding the method of calculating and the payment of interest from the funds paid into the special account. The amount to be determined under the scheme shall not be subject to interest.
8 The provisions of this Article and of the rules referred to in paragraph 7 may not be derogated from.
In the case of a regulation of our Minister, it may be incumbent on bailiffs to notify the Office of any events to be indicated in the scheme which may have a significant adverse effect on the financial position of a bailier.
(1) Other activities other than those referred to in Article 2 , the bailier shall not adversely affect or impede the proper and independent performance of his or her duties, or in respect of such proceedings. To the extent that the court-bailier is or has been subject to third parties in the performance of other activities, Article 19 applicable mutatis mutandis.
2 For the purpose of the interests referred to in paragraph 1 above, rules may be laid down by a general measure of management relating to the provision of certain activities.
3 In the case of a general measure of management, the performance of certain activities may be prohibited, except where it is concerned:
(a) acting as a process or role agent and legal aid in and out of law, in accordance with the provisions laid down in or pursuant to the law;
b. acting as a liquidator or administrator;
c. The collection of funds for third parties;
d. The conduct of inventories and appraisals;
e. the compilation of a written declaration on facts of a physical nature observed by the court-bailier;
(f) the pursuit of the business of the auctioneer, on the understanding that the officialacts are intended to be used in the Article 2, first paragraph, part e , they should not be exercised.
4 The bailier shall declare the management of the KBvG of the acceptance and termination of any ancillary or non-remunerated side and of any other work other than those specified in the third paragraph. The bailier shall ensure that what is kept up to date in the Court of Registry of the Court of Justice is up-to-date.
A general measure of directors shall lay down rules on the payment of advances to what is due by the client to the bailier.
The bailier is obliged to make an account of the case entrusted to it, which clearly indicates the manner in which the calculation has been calculated and whether it relates to an act of ex officio. work, as intended Article 20 .
1 The Minister may, for some time, appoint an acting court-bailier, in the event of resignation or if the court-bailier appointed on the spot is unable to fulfil his or her duties, or if he is unable to discharge his duties. Before appointing an acting court bailier, our Minister shall give advice to the Board of Directors of the KBvG.
2 Until acting court-bailier may be appointed:
a. A bailier;
b. a person who meets the requirements for appointment to court bailier, with the exception of the requirements mentioned in Article 5, parts e and f ;
c. in the event of dismissal due to the age of seventy, the dismay itself, but not for more than one year.
3 A person referred to in paragraph 2 (b), who shall be appointed for the first time as acting bailier, shall, as soon as possible after his appointment to the court of the Arrondissement of the district in which the court of justice is appointed, place of establishment is located, the following oath or promise af:
" I swear (promise) fidelity to the King and the Constitution . '
"I swear (Promise), that I will act upon the laws and regulations on my office and that I will perform my duty honestly and meticulously."
4 When the oath or promise referred to in paragraph 3 is made in the Frisian language, the text of the oath or promise shall be as follows:
"I swar (ûnthjit) trou oan de Kening and the Grûnwet."
"I swar (ûnthjit), that I my hâlde and makes sil neffens the laws and foils sa't dy on myn amt fan tapassing binne and that I have myn task earlik and sekuer útfiere sil."
5 Article 9 (4) and (5) , shall apply mutatis mutandis to the lodging of oath or promise by an acting court bailier.
6 The observation ends:
a. by dismissal by Our Minister;
b. by the fact that the observed bailier, having been notified to Our Minister, resumed his duties;
c. by the duration of the period for which the acting bailier was appointed.
1 An acting court bailier has the same rights and obligations as a court bailier. The bailier that is observed does not obstruct the observation.
2 Without prejudice to the provisions of Article 3, second to fourth paragraphs and Article 3a , the acting court-bailier shall have jurisdiction to carry out an application for the conduct of ex officio proceedings addressed to the judicial bailier or court bailier to be taken. He shall inform the applicant of the observation.
3 The second paragraph shall apply, upon termination of observation, mutatis mutandis to the observed court bailier in respect of requests for the conduct of judicial acts addressed to the Acting Court.
4 The judicial bailier shall provide the acting bailier with access to its administration to the extent necessary for the fulfilment of the observation.
5 In case of disease or absence, the acting bailier may, by way of derogation from Article 17 , in accordance with the judicial bailier to be taken, continue with his administration.
6 The cost of the observation shall be borne by the observed court bailier.
7 Upon termination of the observation, the fourth paragraph shall apply mutatis mutandis to the former acting court bailier relative to the observed court bailier.
8 In the performance of an act of officialoperation, the acting bailier shall state his capacity. Except in the case of dismissal, he shall indicate in addition to his own name and fornames, the name, fornames and the place of establishment of the bailier for which he is responsible.
1 Candidate court officer shall be the person who, with good consequence, has completed a training course approved by Our Minister in preparation for the judicial bailier's profession, and has been added for the purpose of the period under the third paragraph and under the responsibility and supervision of a bailier's office in his office.
2 A candidate bailier passes through, in order to do sufficient work experience, an internship of one year. In case of activity in part-time, the period of time required shall be extended proportionately.
3 A bailier inserts a candidate bailier, with the approval of our Minister, as such. The approval of Our Minister is always granted for the period of up to one year.
4 By regulation, rules are laid down concerning the establishment of the internship, the assessment of the work of the candidate bailier, further qualifications in the framework of professional competence and rights and obligations. from the candidate bailier and the bailier to whom he has been added.
1 A recognition of training as referred to in Article 25, first paragraph , it shall only be granted if the training plan of an institution meets or meets the requirements of general management. These requirements may relate to:
a. the duration and establishment of the training, including the training period;
(b) admission to training;
c. the organization and exploitation of training;
d. the examinations and legal protection of the trainees; and
e. the payment of a financial contribution to the person following the course of the training.
2 The approval may be withdrawn if:
(a) recognition has been granted on the basis of incorrect information;
b. The opleader does not give or does not give sufficient execution to the training plan; or
c. the opleader does not comply with the rules laid down in or under the law.
3 In the case of, or under general management, detailed rules shall be laid down regarding the application for recognition and decision-making. In the case of, or under general management, a committee responsible for examining the professional qualifications of trainees and trainees and providing advice on training may be established.
1 The request for approval of the addition of a candidate bailier ' s intended Article 25, third paragraph , shall be done by the bailier and the intended applicant bailier together and shall contain:
a. Name, names and date of birth of the proposed candidate bailier;
(b) the name, names and place of establishment of the bailier;
(c) if the intended applicant-bailier has previously served as a candidate court-bailier: the period of such proceedings and the name and place of establishment of the bailier to whom he had last been added;
d. a statement by the board of directors of the KBvG, which indicates whether the intended candidate bailier or the bailier to whom it is added, or had previously been added, a measure as referred to in the Articles 43 or 49 was imposed, and if so, which one.
2 A candidate court bailier may be designated as such only if he holds a certificate of conduct issued in accordance with the Law and Criminal Justice Act and not older than three months, or if the person concerned does not own the nationality of the Netherlands, a statement to be equivalent to a declaration of behaviour issued by the competent authority in the State of origin. Article 5, part d , shall apply mutatis mutandis.
3 In the case of a general measure of management, rules shall be laid down regarding the number of candidate bailiffs who can operate concurrently under the responsibility of a single bailier.
1 The applicant-bailier may, on behalf of and under the responsibility and supervision of the judicial officer at whose office he is employed, carry out the acts of office of which it is competent.
2 The Article 3, second and third paragraphs , 13 , 15 and 20 shall apply mutatis mutandis to the candidate bailier. Article 23, third paragraph , shall apply mutatis mutandis to the candidate bailier, with the following oath or promise being made:
"I swear (Promise) faithfulness to the King and the Constitution."
"I swear (Promise), that I will act upon the laws and regulations on the office of bailier of application and that I will carry out my duty honestly and meticulously."
3 When the oath or promise, referred to in the second paragraph, is made in the Frisian language, the text of the oath or promise reads as follows: "I swar (ûnthjit) trou oan de Kening and the Grûnwet." "I swar (ûnthjit), that I my hâlde and makes sil neffens the laws and foils sa't dy on it amt fan rummy fan tapassing binne and that I have myn task earlik and sekuer útfiere sil."
4 Article 9 (4) and (5) , shall apply mutatis mutandis to the deposit of the oath or promise by a candidate bailier. He may commence his work first after he is registered in the Register of Courts.
5 In the performance of an act of office, the applicant-bailier shall indicate, in addition to his name, surname and capacity, the name, fornames and place of establishment of the bailier to whom the approval is intended to be Article 25, third paragraph , has been granted.
6 The candidate bailier shall not conduct an act of office if an acting court officer has been appointed to the bailier unless the acting court ' s bailier has granted him permission, after notification to Our Minister. in order to pursue under the responsibility of the acting bailier, work as a candidate judicial officer.
1 The Articles 25 , 25b , 25c and 29 shall apply mutatis mutandis to a strike obligation under the training referred to in Article 25, first paragraph.
2 Each bailier shall carry out its ability to comply with the obligation laid down in paragraph 1. The board of the KBvG can designate bailiffs who are responsible for a traineal placement for candidates, unless this would be an unreasonable burden on the legal bailiffs concerned.
3 The person to be added to a bailier for the purpose of the strike obligation under the in-law Article 25, first paragraph The training referred to above may be called a candidate 'bailier' and is subject to supervision and disciplinary law for the duration of the addition, as is the case for the applicant court.
1 A bailier can, with the approval of Our Minister, one on the grounds of Article 5 appointment person, appoint as a bailier to the person appointed to him. The added bailier shall be in the office of the bailier to whom he has been added, and may, under the responsibility and supervision of the judicial bailier on his behalf, carry out the acts of office of which such acts are empowered.
2 The number of bailiffs added per bailier shall be no more than three.
3 The parts e and f in Article 5 shall not apply in the case of a designation as referred to in the first paragraph.
4 An added bailiffs shall be added simultaneously to no more than two bailiffs.
1 The Article 3, second and third paragraphs , 13 , 15 and 20 shall apply mutatis mutandis to the added court bailier.
2 Article 23, third paragraph , shall apply mutatis mutandis to the added bailier that has not been added before, except that the oath or promise made below is made:
"I swear (Promise) faithfulness to the King and the Constitution."
"I swear (Promise), that I will act upon the laws and regulations on the office of bailier of application and that I will carry out my duty honestly and meticulously."
3 When the oath or promise, referred to in the second paragraph, is made in the Frisian language, the text of the oath or promise reads as follows: "I swar (ûnthjit) trou oan de Kening and the Grûnwet." "I swar (ûnthjit), that I my hâlde and makes sil neffens the laws and foils sa't dy on it amt fan rummy fan tapassing binne and that I have myn task earlik and sekuer útfiere sil."
4 Article 9 (4) and (5) , shall apply mutatis mutandis to the deposit of the oath or promise by an added court bailier. He may commence his work first after he is registered in the Register of Courts.
5 In the performance of an act of office, the added bailier shall indicate in addition to his name, surname and capacity, the name, names and place of establishment of the bailier to whom he was added.
6 The added bailier shall not conduct an act of office if an acting bailier has been appointed to the bailier unless the acting bailier has authorized him, after giving notice to Our Minister. to continue its activities under the responsibility of the acting court-bailier as an added court-bailier.
1 The addition specified in: Article 25, third paragraph , or Article 27, first paragraph , end of law:
a. by denunciation or by the end of the contract of the candidate legal officer or of the added bailier or suspension in his work by his employer;
b. With effect from the following month after reaching the age of 70 by the applicant-bailier, added bailier or court-bailier;
c. by the irrevocable imposition of the measure of dismay from the office, dismissal or death of the bailier; or
d. by appointment of the candidate court bailier or added bailier to court bailier.
2 The addition shall be suspended with the entry of the suspension of the judicial bailier in the performance of the post. If, for the suspended bailier, an acting court officer is appointed, he may authorise his/her candidate bailier or added bailier, after giving notice to our Minister, to act in an act of officialorder. to perform. If the acting bailier enters or is dismissed for the duration of the suspension, the first paragraph shall apply mutatis mutandis.
Our Minister may revoke the approval of the addition:
a. at the request of the candidate court bailier or added bailier; or
b. if there are circumstances other than those referred to in the first paragraph which are no longer satisfied by the conditions for the addition of those circumstances.
4 If facts or circumstances arise which result from the first paragraph of termination of the addition of law or may, pursuant to the third paragraph, constitute grounds for revocation of the approval of the addition, the judicial bailier and candidate bailier or the added bailier thereof immediately to the KBvG, Our Minister and the Office.
The supervision of compliance by the judicial bailier, the acting court ' s bailier, added bailier and candidate court-bailier of the particular by or under this Act, shall be exercised by the Office.
1 The persons appointed by decision of the Board of the Office who are employed by the Office shall be responsible for monitoring compliance with the provisions of, or pursuant to, the provisions of this Law. Such a decision shall be communicated in the Official Journal.
2 In addition to Article 5:17 of the General Administrative Law a supervisor referred to in the first paragraph shall be entitled to access personal data and documents, in so far as they relate to the personal financial records of the judicial bailier.
1 If the Office proves, in the exercise of the supervision of facts or circumstances, that, in its judgment, constitute grounds for disciplinary action, it may lodge a complaint with the Chamber for bailiffs, unless The second member shall be applied.
2 The Office may for the infringement of the provisions of or of Articles 17, 1st or Fifth paragraph , 19a , and 31, 1st Member , the offender to impose an administrative fine and a charge of periodic penalty payment.
3 The administrative penalty shall not exceed the amount of the fine of the third category, as referred to in Article 4 (2). Article 23 (4) of the Code of Criminal Law .
4 An administrative penalty shall not be imposed if a complaint lodged against the offender has been lodged with the chamber for court bailiffs for the same conduct.
1 The bailier is obliged to the Article 17, first paragraph , the documents referred to, accompanied by a report of the examination by an auditor as referred to in Article 2 (2), Article 393, 1st paragraph, of Book 2 of the Civil Code Where the annual accounts of the office are at least an assessment character, within six months of the end of each financial year, to be submitted to the Office.
2 The rules of our Minister shall lay down rules on the manner in which the report is submitted and the content of the report referred to in paragraph 1 as well as the content and detailed arrangements for the provision of other information to the Office.
The Office shall be responsible for conducting any inquiry into the office and private records of the judicial bailiffs to which the chairman of the chamber of bailiffs in accordance with the procedure laid down by the Court of Justice shall be responsible for the conduct of the proceedings. Article 34, sixth paragraph -Command gives.
1 The Office shall provide the Commission with experts, Article 6, second paragraph , if requested, information in connection with the examination of the business plan.
2 The governing board of the KBvG is obligated to any one with a reasonable interest, in connection with the drafting of a business plan as intended in Article 5 , if necessary, to provide information on judicial acts of the courts of the courts. In the case of a general measure of management, it may be stipulated that the Office of the KBvG provides the necessary information for that purpose.
(1) If the continuity of the practice of a judicial bailier is likely to be at risk as a result of the conduct of the operation, the President of the Chamber of Appeal may, of its own motion, on the basis of a complaint, be Request from the KBvG or the Bureau, after hearing or-in the absence of a court-door operator-for a period of up to one year for a maximum period of one year, following due notice of the bailier's court-bailier.
2 The silent director shall give advice and guidance to the judicial officer of the court, and shall also be empowered to give binding instructions to the bailier.
3 Upon appointment, an honorarium shall be determined to be charged to the court bailier.
4 The chairperson of the chamber for bailiffs may give instructions to the silent trustee in respect of the performance of the wind.
5 The chairperson of the chamber for bailiffs may suspend or terminate the conduct of the operation at any time, whether or not at the request of the court bailier.
1 The bailier, acting court bailier, added bailier, candidate bailier and whoever has been added as part of the stagecommitment at the in court. Article 25, first paragraph The training referred to above shall be subject to disciplinary action in respect of any action or failure to act contrary to any provision under or pursuant to this law, and to any act or omission which is a proper court-bade, acting in accordance with the provisions of Court-door sideration, added bailier or candidate bailier not befits.
2 The disciplinary caselaw shall be exercised at first instance by a chamber forbailiffs. The chamber for bailiffs is located in Amsterdam. It can also sit outside the seat.
3 The Court of Justice has been brought under disciplinary law by the Amsterdam Court of Justice. No appeal shall be admitted against decisions of the Court, except in cassation in the interests of the law.
4 A member or an alternate member of the chamber for bailiffs who is a bailier shall, where a complaint has been lodged against him, be made subject to the application of a complaint lodged against him. Article 37, second paragraph , replaced by a member other than an alternate member appointed by the President of the Court of Justice of Amsterdam, appointed by our Minister on the basis of Article 35, third paragraph .
5 The person on the grounds of Article 51 is suspended or on the basis of Article 52 has been dismissed or terminated, remains subject to disciplinary action in respect of any act or omission as referred to in the first paragraph, during the time when he was employed as a bailier, coursdoorwaarder, candidate court bailier or added under the Stageting Obligation at the in Article 25, first paragraph -I mean, training.
6 The President of the Chamber of Courts may, if he considers it desirable in the interest of the investigation, carry out an examination of the Office and report to him of his findings.
1 The chamber for bailiffs shall consist of five members, including the President, and 10 alternate members, including two or more deputy chairmen.
2 Our Minister appoints three members, including the President, as well as six alternate members, including the Deputy Chairmen, of members of the judiciary from among the members of the life.
3 Our Minister appoints, the chair of the chamber for court bailiffs heard, two members and four alternate members from the in Article 56 mentioned members of the KBvG, with the exception of those who have been added as part of the internship obligation at the in Article 25, first paragraph said training, on the recommendation of the KBvG. The recommendation shall include at least three names for each appointment.
4 The members and alternate members shall be appointed for four years; they shall be renewable once they resign.
5 The membership of the chamber for bailiffs is incompatible with the membership of the board of the KBvG.
6 A court of law appointed by the Board of the Court of Justice for the performance of the work assigned to or under the law to the Registrar shall be a judicial officer, a judicial officer in training, senior court or tribunal, or court office is secretary of the chamber. With the consent of the President, he may be replaced by another judicial officer, a judicial officer, appointed by the Board of Governors of the Amsterdam Court for the performance of the duties referred to in the first sentence. training, senior-court order or court order.
7 The travel and subsistence expenses of the President, the Deputy Chairman, the Members, the Deputy Members and the Secretary shall be borne by the State.
1 The chairman, the members, the deputy members and the secretary of the chamber for bailiffs shall be required to keep the information available to them in the performance of their duties and to which they shall be responsible for the exercise of their duties. know or reasonably have to suspect, except in so far as any legal requirement requires them to communicate the need for communication.
2 A court-door officer who is a member or deputy of the chamber for bailiffs, cannot be appointed as acting bailiffs.
3 The provisions of the Articles 46c, second paragraph , 46d, second member , 46f , 46i with the exception of paragraph 1 (c), 46j , 46l, first and third members , 46m , 46o and 46p of the Law on Civil Law shall apply mutatis mutandis to members and alternate members of the chamber for court bailiffs.
4 The membership of the Chamber for bailiffs of Members and Deputy Members shall expire automatically if they cease to comply with the requirements for appointment.
5 The Articles 13a , 13b, except for the first paragraph, parts b and c, and fourth member , and 13c to 13g of the Law of the Judiciary shall apply mutatis mutandis to conduct of the members and alternate members of the chamber for bailiffs, subject to the following:
a. For the corresponding application of those articles under the term "the office concerned" means the chairperson of the chamber for bailiffs; and
b. The Attorney General is not obligated to the request, intended in Article 13a , to be complied with, if the applicant is reasonably insufficiently interested in an investigation as referred to in that Article.
1 The treatment and decision of disciplinary matters shall be taken, under penalty of nullity, by at least two members or alternate members, including the President or the Deputy Chairman, appointed by Our Minister on the basis of Article 35, second paragraph, and a Member or deputy member, appointed by Our Minister on the basis of Article 35, third paragraph .
2 The office of bailiffs shall contest a complaint against a court-bailier, either at the request of Our Minister or on a complaint lodged with the Chamber. A request made by Our Minister or a complaint shall be filed in writing and reasoned with the Chair of the Chamber of bailiffs. If so requested by the complainant, the Secretary shall assist him in the writing of the complaint. If the complaint is lodged after a period of three years from the date on which the complainant has taken knowledge or has been able to reasonably have knowledge of the acts or omissions of the judicial bailier to which the complaint relates, the The President declared the complaint inadmissible. The decision to issue a declaration of inadmissibility shall be omitted if the effects of the act or omissions have not reasonably become known thereafter. In such a case, the period for lodging a complaint shall be one year after the date on which the consequences have reasonably been known to have become known.
3 If the President considers that a complaint is subject to a request for amicable settlement, he shall call upon the complainant to inform our Minister and the bailier concerned in order to make such a settlement in such a way as to Test.
4 If the complaint is to the discretion of the President to that end, and the complaint indicates that it has not yet been submitted to the Dispute Settlement Committee, Article 57, third paragraph , the President may decide to stay the proceedings of the complaint, and may give the complainant the opportunity to refer the dispute to the Dispute Settlement committee. No provision has been authorised against the decision.
5 If the complaint does not resolve the request referred to in paragraph 3, and the dispute referred to in paragraph 4 is not resolved to the satisfaction of both parties, the President shall bring the complaint to the attention of the latter. the room for court bailiffs.
6 The members of the chamber for bailiffs can and may be affected if there are any facts or circumstances which may, in general, cause damage to the judicial impartiality. Title IV of the Fourth Book of the Code of Criminal Procedure shall apply mutatis mutandis, except that:
a. instead of the Prosecutor's Office and the defendant Our Minister, the bailier and the complainant may request a dewler;
b. this nomination must be made orally or in writing at the latest at the commencement of treatment, unless the facts or circumstances underlying the request arise or become known first in the course of treatment; and
(c) the person who will decide with the other members of the chamber for bailiffs on objection shall be designated from the members of the Chamber and alternate members of the Chamber not dealing with the proceedings.
1 The chamber for bailiffs is competent, whether or not at the request of Our Minister, the board of the KBvG or the Bureau, a bailiffs against whom a serious suspicion has been raised that he is one of the Article 34, first paragraph , having committed acts or omissions, pending a decision to suspend them for a period of not more than six months. It may extend this period once for a maximum period of six months or until a decision to make a proposal for a dismissal has become final. The room for bailiffs can always lift the suspension.
2 The secretary of the chamber for court bailiffs shall without delay inform our Minister, the Board of the KBvG or the Office and the bailiffs concerned of any suspension as referred to in paragraph 1 and of a decision to extend the proceedings. That is the lifting of it.
3 The decision to suspend shall be heard by the bailier concerned.
4 In case the room for bailiffs following the in Article 34, first paragraph Where such acts or omissions are decided upon to impose a suspension for a specified period, it may deduct from that period the period of suspension pursuant to the first paragraph.
5 The first paragraph shall apply mutatis mutandis where criminal proceedings are brought against a court-bailier for criminal proceedings in respect of a criminal offence and of the offence of the performance of the office of court bailier.
6 Within 30 days of the notification referred to in paragraph 2, our Minister, the Board of Directors of the KBvG, may appeal to the Court of Justice of the Court of Justice, or to the judicial officer concerned, by reason of the reasons for the appeal. The appeal does not suspend the decision against which it is addressed.
1 The President may, without further examination by the Chamber of Courts, appear to have inadmissible and manifestly unfounded complaints and complaints which, in his opinion, are of insufficient weight, reasoned decision reject. The Secretary shall inform the complainant and the bailier concerned without delay of the decision of the President. The copy of the decision shall be accompanied by the communication of the period within which and the manner in which resistance may be made. No appeal shall be open against the notification of the complaint.
2 Against the decision of the President to reject a complaint, the complainant may, within 14 days of the date of dispatch of the notification, lodge a written opposition to the Chamber of bailiffs.
3 As a result of the resistance, the decision shall lapse, unless the chamber for bailiffs declares that the opposition is inadmissible or unfounded. The chamber for bailiffs may not declare the objection inadmissible or unsubstantiated than after the complainant and, if necessary, have the legal bailiffs concerned to be heard.
4 The decision on the objection shall state the reasons on which it is based. No appeal shall be open against the decision. The decision shall be notified in writing to the complainant and to the bailier concerned.
1 If Article 39, first paragraph , no application or objection has been declared well founded, the Secretary shall, as soon as possible, send a copy of the complaint and the accompanying documents to the court-bailier concerned.
2 Within one month of the date of dispatch of the documents referred to in paragraph 1, the court-bailier concerned may lodge a statement of defence; the chairman may, on request, extend that time limit. The Secretary shall send a copy of this text to the complainant.
3 The President shall be empowered to ask the court-bailier concerned within a period to be determined by providing written information and, under his or her resignation or at his disposal, documents, whether or not certified or not. copy, and send items.
1 The Chairman shall determine the time for the examination at the hearing of the case. The Secretary shall call the relevant judicial bailier and the complainant in writing at least ten days in advance for the time of treatment.
2 It shall be postponed or suspended for a specified period of time at the session, and no new notification as referred to in paragraph 1 shall be notified.
3 The hearing of the Chamber of bailiffs shall take place in public. The chamber for bailiffs can order for important reasons, that the treatment will take place entirely or in part with closed doors.
4 The court-door officer concerned and the complainant may be assisted or represented by an agent.
5 The chamber for bailiffs may refuse to allow certain persons, who are not a lawyer, as counsel. In the event of such a refusal, the Chamber shall hold the case to a subsequent sitting.
6 The secretary of the chamber for court bailiffs shall give the relevant bailiffs and the complainant, as well as their agents, or those who assist them, in good time in advance of the documents relating to the case. to be taken. In respect of the fees to be charged for the provision of copies or extracts and with regard to free benefits in kind, the matter may be determined by or on the basis of the provisions of the Law Registry on Civil Matters applicable mutatis mutandis.
7 The court of justice in question and the complainant or their agents and those who assist them shall be given the opportunity to speak and to explain their position.
1 The chamber for bailiffs can call and hear witnesses and experts. The hearing of witnesses and experts may also be entrusted to one of the members of the Chamber. Any person who has been summoned as a witness or expert shall be obliged to act on the summons. He is also obliged to reply to the questions asked, on the other hand, to provide the services which he has advanced.
2 At the request of the chamber for court bailiffs, the district attorney shall subpoenaed them. The person concerned shall be required to appear after a summons.
If a witness or expert does not appear on the summons, the D.A. shall, at the request of the Chamber, summons him once again, at the request of the order for communication. Article 556 of the Code of Criminal Procedure shall apply mutatis mutandis.
4 The Articles 290 and 292, first and fourth member , below 299 of the Code of Criminal Procedure shall be applied mutatis mutandis in relation to the hearing of a witness or an expert.
5 With regard to witnesses and experts, the Articles 217 to 219 of the Code of Criminal Procedure applicable mutatis mutandis.
6 The witnesses and experts, if they wish to do so on presentation of their summons or summons, receive compensation by the President of the Chamber of bailiffs under the conditions laid down by the Court of First Instance (see the Court of First Instance). Law Registry on Civil Matters Some.
1 The decision of the Chamber of bailiffs concerning an objection raised against a court-bailier shall seek a declaration of inadmissibility, an unconstitutional declaration or a statement of objection. The decision shall state the reasons on which it is based and shall be declared in public, all under penalty of nullity.
2 If the Board of Courts declares the objection fully or partially justified, it may impose the following measures:
a. A warning;
b. a reprimand;
(c) a fine;
d. the denial of competence for the designation of an added bailier or candidate bailier for certain or indefinite duration;
(e) the suspension in the performance of the post for a maximum period of one year;
f. the dismay from office.
3 The court-bailiffs ' chamber may also declare the objection well founded without imposing a measure.
4 The measure of a fine may be imposed at the same time as another measure. The decision to impose a measure referred to in paragraph 2 may stipulate that it shall be made public in a manner prescribed in that paragraph, if any by Article 34, first paragraph , protected interest that progressates.
5 Until the adoption of a measure, the decision shall be taken first after the decision has been taken or at a later date fixed in the decision.
6 The amount of the fine referred to in paragraph 2 (c) shall not exceed the amount of the fourth category referred to in paragraph 2. Article 23 (4) of the Code of Criminal Law . A decision to impose a fine shall set the time limit within which it has to be paid. At the request of the bailier, the Chairman may extend the time limit. If the fine is not fulfilled within the prescribed period, the Chamber of the Court of Appeal may, of its own motion, decide to remove from the office the bailier after having had the opportunity of hearing him. The fine imposed shall be paid for the benefit of the State. Rules governing the recovery of the fine may be imposed on or pursuant to general measures of management.
7 The secretary of the chamber for court bailiffs shall promptly send its decision in writing to Our Minister, the Board of the KBvG, the Office, the judicial bailiffs and the complainant. The Board may determine in its decision, that the complainant is only informed of that part of the decision which is of interest to him.
8 In the case where the office of bailiffs orders removal from office, it shall also determine the period within which the person concerned cannot be appointed as an observer or to be added to a court-bailier. That period shall not exceed 10 years.
9 Article 195 of the Code of Criminal Law shall apply.
The Articles 40 to 43 shall apply mutatis mutandis to the examination of an objection to a bailier at the request of our Minister.
1 Against a decision of the Chamber of bailiffs on an objection raised against a bailiffs ' court, our Minister, the judicial bailier or the complainant may, within 30 days of the date of the written notice of the written procedure, be notification referred to in Article 43, seventh paragraph , in the case of reasoned appeal, appeal shall be lodged with the Amsterdam Court.
2 The appeal shall be submitted to the Registrar of the Court of Justice together with a copy of the decision against which the appeal is made.
3 The appeal is dealt with by a Chamber of the Court, in charge of the treatment of civil matters.
4 The members of the Court of Justice may be entrented and may be affected if there are any facts or circumstances which may result in the judicial impartiality of being harmed. Title IV of the Fourth Book of the Code of Criminal Procedure shall apply mutatis mutandis except that:
a. instead of the Prosecutor's Office and the defendant Our Minister, the bailier and the complainant may request a dewler;
b. this nomination must be made orally or in writing at the latest at the commencement of treatment, unless the facts or circumstances underlying the request arise or become known first in the course of treatment; and
(c) the person who will decide with the other members of the Court on wrecking shall be appointed from the non-treatment of the case, and alternate members of the court.
5 By appeal, the enforcement of the measure imposed shall be suspended.
6 Article 38 shall apply mutatis mutandis in the course of the examination of the appeal.
1 The Registrar shall give notice as soon as possible of the action under the forwarding of a copy of the appeal, to the Chamber of Courts, and to our Minister, to the judicial bailier or the complainant, to the extent that the The appeal is not set by him.
2 The Chamber of bailiffs shall, within three weeks of receipt of the notification referred to in paragraph 1, forward to the Court the documents relating to the case.
On the treatment of the appeal, the Articles 40, second and third paragraphs , and 41 to 43 applicable mutatis mutandis.
1 The court confirms the decision of the chamber for court bailiffs, either with overtaking, or with improvement of the grounds, or does with whole or partial destruction of the decision, which is the room for bailiffs have been able to do so. The decision of the Court of Justice is reasoned and is pronounced in public, all under penalty of nullity.
2 If the court annuls a decision of the chamber for bailiffs of inadmissibility, the case shall be returned to the chamber for court bailiffs for further treatment.
3 If only the judicial bailier concerned appealed, the Court of Justice may, acting unanimously only, make the measure imposed.
4 The Registrar shall forward to the Chamber, without delay, a copy of the court's decision to the Chamber of Courts, to our Minister, to the Board of the KBvG, to the Office, to the judicial bailier and to the complainant.
5 The Registrar shall send copies of a judgment as referred to in paragraph 2 as soon as possible to the Chamber of Court of Appeal, on the submission of the documents relating to the case.
1 The provisions of this Chapter in respect of a bailier shall apply mutatis mutandis to:
(a) 'Acting Court' shall be understood to mean that, where an objection is made in whole or in part to him, he may also be suspended as an observer in the performance of the post for a certain period of time.
b. an added bailier or a candidate bailier and the one that has been added under the internship obligation at the event. Article 25, first paragraph 'training', provided that, in the event of an objection to him being wholly or partly based, the disciplinary measures provided for in Article 43, second paragraph, parts a, b and c , may be imposed, as well as the disciplinary measure of disqualification of the authority to act as an added bailier or candidate bailier.
2 The decision ordering the refusal of the power to act as an added bailier or court-bailier shall also include the period within which the person concerned cannot be appointed as an observer or a member of the court of justice. The bailier can be added to the court. That period shall not exceed 10 years.
1 A court-bailier or acting court-door officer who has been suspended shall not be responsible for the conduct of any act of unofficiating, as well as of any good reason. During the suspension it shall be prohibited to carry out his/her term of office or to state in the case of any activity.
2 Suspension may provide grounds for dismissal from an appointment to the acting court bailier.
A bailier or an acting court-bailier shall be suspended by law:
a. When he has been deprived of his liberty;
b. if he has been granted payment of payment and during his bankruptcy;
c. if he has been placed under curate;
d. if his goods have been put under government;
e. if natural persons have been declared to be subject to the debt restructuring scheme.
1 The bailier shall be discharged from the next month following the end of the following month after the age of seventy.
2 The court-bailier is hereby dismissed by Royal Decree:
a. at his request;
b. to an irrevocable decision to remove from the post as referred to in the Article 43, second paragraph, part f ;
(c) if he no longer holds the nationality of the Netherlands, or the nationality of another Member State of the European Union, of another State which is a party to the Agreement on the European Economic Area or of the Swiss Republic Confederation.
3 The bailier can be dismissed by the decision of Our Minister on the grounds of:
a. An irrevocable turn of judgment, under which he has been placed under receipation;
b. the subject of a compulsion on account of debts made under irrevocable judicial judgment;
c. having become an irrevocable conviction for a custodial sentence of a crime;
d. Bankruptcy, payment of the payment or application of the debt restructuring scheme.
e. permanent incapacity for the performance of the office of bailier, for reasons of illness or defects.
4 The dismissal of a bailier also holds his resignation as acting coursedoor.
(1) Against a decision to resign as referred to in Article 52, third paragraph , the bailier may lodge an appeal to the Chamber of bailiffs within one month of the day of the day of the day of the day of the decision, with the reasoned statement of the decision, to the Secretary of the Chamber of bailiffs, This has been granted unlawfully.
2 The secretary of the chamber for bailiffs shall forward to our Minister without delay a copy of the appeal.
3 In the treatment of appeal the Articles 40, second and third paragraphs , 41 and 42 applicable. Chapter 6 of the General Law on administrative law does not apply.
4 The chamber of bailiffs declares the appeal inadmissible, unfounded or well founded. In the case of justification, it shall destroy the decision against which the appeal was lodged. The decision of the Chamber shall state the reasons on which it is based.
5 The secretary of the chamber for bailiffs shall inform our Minister and the bailiffs concerned without delay of the decision of the chamber for court bailiffs.
1 Within one month of the notification of the notification, Article 53, fifth paragraph , the judicial bailier and our Minister, accompanied by a reasoned statement, may appeal to the Registrar against the decision of the Chamber of Courts of Appeal to the Amsterdam Court of Justice.
2 The treatment of the appeal is Articles 40, second and third paragraphs , 41 , 42 , 45, second to fourth paragraphs , and 46 applicable mutatis mutandis. Chapter 6 of the General Law on administrative law does not apply.
3 The court confirms the decision of the chamber for court bailiffs, either with overtaking, or with improvement of the grounds, or does with whole or partial destruction of the decision, which is the room for bailiffs have been able to do so. Article 48 shall apply mutatis mutandis.
A decision to resign as referred to in Article 52, third paragraph , does not enter into effect before it has become irrevocable.
The Royal Vocational Organisation of the Court of Justice is a public body within the meaning of Article 134 of the Constitution . All the courts established in the Netherlands, acting court bailiffs, added bailiffs, candidate bailiffs and those who have been added as part of the stagecommitment at the event. Article 25, first paragraph , the training referred to, are members of the KBvG. The KBvG is located in The Hague.
1 The task of the KBVG is to promote good professional practice by members and their professional competence.
2 By regulation, professional and professional rules of the members of the KBvG are established. Rules may also be laid down for the promotion of the competence of the members and the quality of the exercise of the profession.
3 By regulation, rules are laid down regarding the establishment of a general system of complaints and dispute settlement for bailiffs, including the establishment of a dispute resolution committee.
1 The KBvG is responsible for performing quality tests among its members. The quality tests shall be carried out by experts appointed by the Board of Directors of the KBvG.
2 For the purpose of carrying out the quality tests and persons designated under the first paragraph, the Articles 5:12 , 5:13 , 5:14 , 5:15, first and third members , 5:16 , 5:17 , 5:18 and 5:20, 1st member, of the General Law governing law applicable mutatis mutandis.
3 By Regulation, detailed rules on the performance of quality tests shall be laid down.
The KBvG has a board, a member council, and a general assembly of members.
The KBvG maintains an agency, that the board is assisting in the exercise of its duties.
1 The board is entrusted with the general leadership of the KBvG and with the exercise of its Article 57 the tasks described, as well as the management and disposal of its assets. It also gives general guidance to the KBvG bureau and regulates its efficacy.
2 The staff of the Office shall be appointed to a contract of employment under civil law.
3 The administration may lay down detailed rules governing its operation and that of the Agency.
4 The Steering Board shall draw up an annual report on its activities to the general assembly of members and shall forward it to the Council of Members. It brings the report to the attention of our Minister.
5 The Steering Board shall annually record its financial policy and a budget for the coming financial year, including explanatory notes, and shall forward these documents to the board of members.
1 The Steering Board shall consist of an odd number of at least five members. The composition of the Steering Board shall reflect as far as possible the ratio within the general assembly of members between bailiffs and added bailiffs or candidate court bailiffs. The President and his alternate shall be bailiffs.
2 Members shall be appointed for a period of three years and may be re-appointed for the same period after the resignof.
3 The board represents the KBvG. For this purpose, either the Chairperson or the Deputy Chairman and one of the other members of the Board shall also be jointly authorised.
In that capacity, the Chairman of the Board of the KBvG shall be responsible for the leadership of the Assembly of the General Members ' Assembly.
1 The Council of Members consists of thirty members, with the exception of the two members from the ressorten Amsterdam, The Hague and the ' s-Hertogenbosch, each of the six members and of the Arnhem-Leeuwarden resorder. The members chosen by each of the groups shall reflect the relationship between court bailiffs and introduced candidate bailiffs in that area of office. Each member shall have an alternate.
2 The ordinary members and their alternates shall be elected by the general assembly for a period of three years, and shall be reelected only once for the same period.
The Board of Members has the concern for the adoption of the general policy of the KBvG and will, if necessary, consult with the Steering Board. The Board shall, on request or on its own initiative, inform the members of the Board of any information which may be of interest to the general policy of the KBVG, in particular any information relating to matters which the Board of Directors has in its implementation or treatment; or who has taken it in preparation or research. The Council of Members shall have the power to request information or to carry out research on matters which may be relevant for the purposes of determining the policy of KBVG.
The Council of Members is responsible for the adoption of regulations of the KBVG.
The Council of Members shall submit to the Steering Board on the proposals of regulations of the KBvG, after having obtained the opinion of the general assembly of members.
1 The member council appoints the board of the KBvG and can, subject to compliance with Article 61 , determine the number of its members. The Council of Members shall appoint the Chairperson and his alternate from the members of the Board for a period of three years.
2 The membership of the board is not compatible with membership of the member council.
3 The Council of Members may lay down detailed rules on the appointment and the resignation of the members of the Board.
The Board of Members shall exercise supervision over the board and may suspend or dismiss members thereof in their duties if he has lost confidence in their manner of job performance or for other legitimate reasons.
The Council of Members shall deliver an opinion to the annual general assembly of members on the report of the work of the Board and on the accountability of the financial policy, the draft KBvG budget for the coming year, and the other notes relating thereto, after having examined these documents.
The members of the Council of Members may be suspended or dismissed by the General Assembly if it has lost confidence in their manner of job performance or for other legitimate reasons.
The governing board of the KBvG convenes the member council at least once a year to deliberate on the in Article 69 Documents. Other meetings shall be convened as often as the Steering Board deems necessary and, furthermore, if at least six members of the Board request the Steering Board in writing, giving details of the subjects to be dealt with.
The meetings of the Members ' Council shall be open to the public. Meetings shall be held with closed doors if the Chair, the nature of the subject under consideration is taken into account, if necessary, or if at least eight members of the Board so request. The members of the board of the KBvG, the director of the KBvG bureau and the secretaries may attend the decided meetings, unless the member council decides otherwise. The members of the Council shall decide on the admission of other persons. A separate report shall be drawn up from the meeting, which shall not be published unless the Council of Members decides otherwise.
1 The Regulation lays down detailed rules for the appointment and resignation of the members, and also on its activities, methods of meeting, decision-making and manner of voting in the Assembly, and the manner in which it is to be convened. which shall be notified to the members of the KBvG of its decisions.
2 In the case of a regulation, detailed rules may be laid down regarding the establishment of the KBvG.
The board of directors of the KBvG convenes a general assembly of members every year. Extraordinary members ' meetings shall be convened as often as the Steering Board deems necessary and, furthermore, if the members of the Council or at least twenty-five members of the KBvG are therefore making written requests to the Steering Board, giving notice of the proceedings to be addressed topics.
The meeting of the general assembly of members shall be public. Meetings shall be held with closed doors if the Chair, the nature of the subject under consideration is taken into account, if necessary, or if at least 20 Members present are requested. The members of the Board, the Director of the Office of the KBvG and the Secretaries shall attend the Private Meeting, unless the meeting decides otherwise. The admission of other persons shall decide on the admission of other persons. A separate report shall be made from the closed meeting, which shall not be disclosed unless the meeting decides otherwise.
The general assembly of members shall discuss and decide, if necessary, on the report of the activities of the Management Board of the KBvG, as well as on financial accountability, the auditor's report, as referred to in Article 4 (2). Article 79, second paragraph , the draft budget for the coming year, together with the explanatory notes and the opinions delivered on these documents by the Council of Members.
On a proposal from the board of directors of the KBvG, the general assembly of members shall lay down detailed rules on its operation, the manner of meeting, decision-making and the manner in which it is to vote, the way in which it is to be treated. shall be notified of any document or subject matter of its members, and the manner in which its decisions are notified to the members of the KBVG.
The KBvG shall bear all the costs arising out of the performance of the tasks conferred upon it by this Law. In order to cover these costs, it may levy annual contributions from the members. The general assembly of members shall, on a proposal from the Board, determine the level of the contributions for the financial year. The amount of this can be different for different categories of members.
1 The accounting year of the KBvG is determined by the board. Before the beginning of the financial year, the general assembly of members shall adopt the budget. To this end, the Steering Board shall submit a draft budget, accompanied by the necessary explanatory notes and advice from the Member Council. The draft shall be published electronically by the Steering Board, at least two weeks before its examination by the General Meeting of Members.
2 The Steering Board shall appoint an auditor for each financial year as referred to in Article 393, 1st paragraph, of Book 2 of the Civil Code which is responsible for the control of financial accountability, consisting of a balance sheet, a statement of benefits and charges and an explanatory statement. It shall report thereon to the Steering Board within three months of the end of the accounting year.
3 Within eight months of the end of the financial year, the Steering Board shall report to the members of the Council on the accounts of the auditor. After examination of these documents, the Council of Members shall report thereon to the general assembly of Members.
4 The determination of financial accountability by the general assembly of members shall also entail the discharge of the management of the board.
1 Regulations shall be adopted only in respect of matters covered by that legislation or other rules laid down by regulation.
2 Regulations do not contain any obligations or rules which are not strictly necessary for the purpose of the Regulation to be pursued and do not unnecessarily restrict the functioning of the market.
3 Proposals of regulations shall be made to the Council of Members by the Board or by at least five members of the Council of Members. Before submitting a draft regulation to the Council of Members, the Board may invite the Chamber of bailiffs to make known its opinion.
4 The regulations of the KBvG are binding only for its members and its organs.
5 A regulation may confer on the management of the KBvG the power to lay down detailed rules on the subject matter dealt with in the Regulation.
The proposal for a regulation shall be notified to the members of the KBvG by means of an explanatory statement at least two months before the date on which the board of members is deliberating on the matter. The general assembly of members shall give its opinion on the proposal at least three weeks before the day on which the meeting is discussed.
1 A regulation requires the approval of our Minister. The approval may be withheld because of conflict with law or general interest.
2 A regulation, after being approved, is made public by the care of the board of the KBvG by placement in the State Gazette. The Regulation does not link up after it has been announced. It shall enter into force from the first day of the second month following that of the day of publication or as much earlier as it decides itself, except that between the day of its publication and that of its entry into force at least one of the following dates shall be given. 10 days must be allowed.
Decisions of the members of the council, of the management or of other bodies of the KBvG, other than a regulation adopted on the basis of Article 82 has been legally established, can be destroyed by Royal Decree. Without prejudice Article 10:39 of the General Administrative Law Act a decision may not be destroyed if six months have passed after it has been announced.
The KBvG shall, upon request, communicate to our Minister the information required for the performance of his task. Our Minister may, in so far as it is reasonably necessary for the performance of his duties, access business records and records.
Within five years of the entry into force of this Act, and after four years thereafter, our Minister shall send to the States-General a report on the effectiveness and effectiveness of the functioning of the KBvG.
1 [ Red: Modises the Law on the Composition of Civil Dishes.]
2 Appointments to courts of courts, appointments to acting courts and approvals of a designation to add a candidate bailier, made pursuant to the article referred to in paragraph 1, shall be regarded as (i) Appointments and approvals made under this law.
1 [ Red: Modises the Law Rates in Civil Matters.]
2 However, the provisions of this Title shall, however, continue to apply with regard to the reimbursement of ex officio proceedings previously carried out.
Without prejudice to the possibility of dismissal for other reasons, bailiffs appointed at the time of entry into force of this Act shall be derogated from Article 52, first paragraph As that stated at the time when it came into effect, the first day of the month following that in which they reached the age of 70 years after the entry into force of this Law of law was automatically dismissed.
1 The association called the Royal Society of Courts of Courts and established in Amsterdam is automatically disbanded at the time of the entry into force of this Act and is automatically followed by the KBvG under the general title. The board of directors of the KBvG shall have the power to take any action and decisions arising from the succession of law.
2 Our Minister points out, after having gained the support of the Royal Society of Courts, the persons who, after the entry into force of the law as chairman or as a member of the board of the KBvG and of the members of the Council for a period of up to 90 days. Within that period, the Council of Members shall implement Article 67, first paragraph , and gives the general assembly of members to run Article 63, second paragraph .
Our Minister may make the regulations as referred to in the Article 17, fifth paragraph , 57, second paragraph , and 73 , to establish, for the first time as a ministerial arrangement, the entry into force of the date of entry into force of these Articles, in so far as they are the subject of the opinion of our Minister. They shall remain in force until they have been repealed and replaced by Regulation, unless the Secretary of State has previously withdrawn it.
This Act enters into force on a date to be determined by Royal Decree, which may be different for the various parts and articles.
This law is cited as: Court-Door WaardersAct.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 26 January 2001
Beatrix
The Minister of Justice,
A. H. Korthals
The Secretary of State for Justice,
N. A. Kalsbeek
Issued the fifteenth February 2001The Minister of Justice,
A. H. Korthals
