Key Benefits:
Law of 22 June 2000, amending the Law on the Study of the Study, the Concession Allowance, the Law on Vocational Training, and any other laws, and any legal status in connection with the termination of the College of Appeal Student finance (Law abolishing the College of Appeals for the study of the study)
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 the view that it would be desirable to abolish the College of Appeal in order to raise the amount of the student funding and to carry out the tasks of that College in the courts and the Central Board of Appeal;
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 President, the Vice-President, the Member or the Deputy Member of, or the Court of Justice of the College of Appeal, 'student financing' which, on the day before the date of entry into force of this Law, occurs on a general measure of the board of directors shall, with effect from the date of entry into force of this law, be appointed or placed in the office or post of judicial office in that place of office in respect of which he or she is subject to the law of the law. court of justice in the court before him in that place of placement, unless he is already at that time has been appointed or placed at a different post at his request.
(2) If the President, a Vice-President or a member of the College of Appeal is appointed to another judicial office under the first paragraph, or at his own request, Article 7a of the Law of the Judiciary applicable mutatis mutandis.
1 For the purposes of this Article, a judicial official shall mean the President, a Vice-President or a member of, or a court order at the College of Appeal, study financing.
(2) To the judicial officer who, by virtue of the Law of the College of Appeal, is appointed or has been appointed or placed in a post with a further task or is or has been appointed or has been appointed in a post with a post with the same job content of another court, may be dismissed at his request by a royal decree on a proposal from our Minister of Justice if he has reached the age of 55 at the time of his appointment or placement; and at least ten contigued years in a court or tribunal of a court or tribunal of a court of jurisdiction Court order or Registrar has fulfilled and the importance of the service to the judgment of Our Minister of Justice, after hearing the functional authority, does not oppose dismissal. The judicial officer shall make his request no later than one year after he has been appointed or placed.
3 Dismissal as referred to in paragraph 2 may be granted only if the judicial officer is, or has been, appointed under this law, or has been appointed in:
a. OFFICE OF WHICH THE JOB CONTENT OF AT LEAST A THIRD PARTY DIFFERS FROM THAT OF THE OFFICE WHICH HE MAY REASONABLY NOT BE REQUIRED TO PERFORM IN HIS OR HER PERSONAL CIRCUMSTANCES PRIOR TO HIS OR HER PERSONAL CIRCUMSTANCES;
(b) a post which is principally carried out in a place not less than 50 kilometres from his place of residence than the place where he was previously filled with his office prior to the appointment or placement in that new office, in principal, or in a place situated in such a way that the journey time in connection with commuting by way of public transport a total of at least two hours per day than prior to the appointment or placement in that new office shall be of his due to his personal circumstances cannot reasonably be required to travel back and forth on business days between the place where he is the main office of his new office and his place of residence, and having regard to his personal circumstances in reasonable terms not an obligation as referred to in Article 4 (1) of the Treaty. Article 40 of the Law on Civil Justice imposed; or
c. a post, having a task holding which is predominantly the same as that of the office which he held prior to that office, in another court whose organisational structure differs significantly from that of the court where he is a member of that court. He was in office at the time of his appointment that he would not reasonably have had to take account of that prior to his appointment that he would be appointed or placed in a post in another court, and of his or her office. having regard to his personal circumstances cannot reasonably be required to have that new office performs.
For the purpose of assessing the situation as referred to in paragraph 3, opinion shall be obtained from a magistracy of a review committee. Rules relating to the composition and operation of this review committee shall be laid down by or pursuant to general rules of administration.
5 In exceptional cases, our Minister of Justice may, on the advice of the review committee, be a judicial officer, a judicial officer, in respect of whose appointment or placement is not entirely a situation of the kind envisaged in the third paragraph, (a), (b) or (c) presents, in the Crown, for dismissal as referred to in the second paragraph.
(6) The judicial officer to whom his application is made pursuant to paragraphs 2 to 5 shall be entitled to a severance payment in accordance with the provisions applicable to civil servant civil servants who are excluded from the application of the provisions of the Staff Rules of Civil Code. They have been dismissed or been dismissed.
7 By way of derogation from the second paragraph, a court order shall be dismissed by decision of our Minister of Justice if he has been employed in temporary service.
1 The cases pending before the College of Appeal shall be delegated to the courts of law, in the form in which they are situated, which are subject to the application of the Article 8: 7 of the General Administrative Law Act would have been competent to deal with the profession.
2 For the purposes of applying Article 8:55 of the General Law governing the administrative law the court applying for the application of Article 8: 7 of the General Administrative Law Act would have been competent to deal with the profession, in the place of the College of Appeal ' s study financing.
3 For the purposes of applying Article 8:88 of the General Administrative Law the Central Board of Appeal shall enter the place of the College of Appeal in order to finance such financing.
4 If, before the date of entry into force of this Act, a court has called for parties to a session to take place after the entry into force of this Act, this summons shall be deemed to have been made legally valid.
The archives of the College of Appeal in order to finance, with the exception of the records relating to cases which have not yet been completed at the time of entry into force of this Act, shall be transferred to the district court. Groningen.
This Act shall enter into force on a date to be decided by Royal Decree, except: Article VII , which shall enter into force on the day following the date of issuance of the Official Gazette in which this Law is placed.
This law is cited as: Act of abolition of the College of Appeal in order to finance the financing of the study.
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.
Issued at The Hague, 22 June 2000
Beatrix
The Minister of Justice,
A. H. Korthals
The Minister of Education, Culture and Science,
L. M. L. H. A. Hermans
Issued the 11th July 2000The Minister of Justice,
A. H. Korthals
