Law of 6 December 2001 amending the Law of the Judicial Organisation, the Law of the Law of the Court of Justice and some other laws relating to the establishment of the Council of Justice (Law Council for the Court of Justice)
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 have taken into consideration that it is desirable to Law of the judicial organisation , the Legal status of judicial officers and other laws to be amended in relation to the establishment of the Council for the Court of Justice;
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:
1 The persons appointed on the day prior to the entry into force of this Act as the Council of Justice for the administration of justice shall be appointed as members of the Council of Justice in law. The person in whose decision to designate as a quartermaster that he is the President of the Council for the caselaw shall also be appointed as President of the Council for the caselaw.
2 Article 84, third paragraph, of the Law on the Judiciary shall apply mutatis mutandis.
3 The first and second paragraphs shall not apply in respect of the quartermakers who, on the day prior to the entry into force of this Act, fulfil a function which Article 84, except the seventh paragraph, section g, of the Law on the judicial organization be considered incompatible with the membership of the Council in the case of case-law. The first and second paragraphs shall not apply in respect of the quartermakers for which the decision designates as a quartz-maker that they are intended to be non-judicial members of the Council before the case-law and which on the day are prior to the entry into force of this law judicial officer with jurisdiction in charge, with jurisdiction in charge of the Central Board of Appeal or with jurisdiction in charge of the College of Appeal for the business community.
Assays to the Commission for the first time of the Article 97 of the Law of the Judiciary The Secretary of State shall, before making any nomination, propose to the Secretary-General of the Council, before the date of entry into force of this Act, the Council of Justice in the case of the Council of Justice in the European Parliament, before the entry into force of the Act. to make known their views in writing and shall state the extent to which and the grounds on which it has departed from that view in the explanatory note to the general measure of management.
1 The annual plans drawn up by the courts for the entry into force of this Act for the year 2002 and approved by Our Minister shall apply to the application of this Act as annual plans as referred to in Article 31.
2 The annual plan drawn up for the year 2002 by those appointed for the Council before the entry into force of this Act as a quartz-maker for the year 2002 and approved by our Minister, shall apply to the application of This Act as an annual plan as referred to in Article 102.
With regard to the Council's budget proposal referred to in Article 98 (1), first paragraph, for the year 2003, the following shall apply:
(a) the consultations with the courts referred to in Article 98 (2) may also be held with those who, on the day prior to the entry into force of this Law, have been designated as the Council of Justice of the Court of Justice of the Council of Ministers before the entry into force of this Act;
(b) This is determined in accordance with the provisions of the main lines of financing provided for in the Notes presented to the Second Chamber by letter of the Minister of Justice of 18 May 2001 (Kamerpieces II 2000/01, 27 182, no. 41), if necessary by way of derogation from the rules referred to in Article 97, first paragraph.
1 By way of derogation from Article 100, the Secretary of State shall, for the year 2002, allocate a budget to the Council equal to the amount entered in Chapter VI of the national budget for the benefit of the Council.
2 By way of derogation from Article 98 (1), first paragraph, and Article 99, first to third paragraphs, our Minister, acting on a proposal from the Council, may lay down rules for the allocation of the budget to the Council for the year 2002.
By way of derogation from Article 29, the Council shall apply to the courts for the year 2002 a budget in accordance with the provisions of the guidelines set out in the First Chamber, by letter of the Minister of Justice of 18 May 2001, on the basis of the budget for the (Chamber pieces II 2000/01, 27 182, no. 41).
1 By way of derogation from Article 35, the Council and the courts shall conclude a memorandum of understanding governing responsibility for the year 2001.
2 By way of derogation from Article 104, our Minister and the Council shall conclude a memorandum of understanding which shall be responsible for the accounts for 2001.
Within five years of the entry into force of this law, our Minister of Justice shall send to the States General a report on the effectiveness and effects of this law in practice.
For the placement of this law in the Official Gazette, Our Minister of Justice draws up the numbering of the articles, paragraphs, departments and chapters of the Law of the judicial organisation once again, and in accordance with the new numbering of the articles, paragraphs, sections and chapters of that law, he shall bring forward the citations contained in this Act.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Law Council for justice.
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 in Gravenhage, 6 December 2001
The Minister of Justice,
A. H. Korthals
The Secretary of State for Justice,
N. A. Kalsbeek
The Minister of Home Affairs and Kingdom Relations,
K. G. de VriesPublished on 8 December 2001
The Minister of Justice,
A. H. Korthals