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Decision of 10 December 2001 laying down rules on the composition and establishment of the College of Deputies and the delegation of Members (Decision of the College of Deputies)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Justice of 6 November 2001, No 5130704/01/6
Having regard to Article 90, second paragraph, of the Law of the Judiciary ;
The Council of State heard (opinion of 3 December 2001, No W03.01.0582/I);
Having regard to the further report of the Secretary of State for Justice of 6 December 2001, No 5138130/01/6
Have found good and understand:
For the purpose of this Decision:
a. College: the College of Deputies, intended to Article 90 of the Law of the Judiciary ;
b. 'appèldishes' means the courts, the Centrale Raad van Beroep and the College van Beroep for the business of business;
(c) Commission: the committee referred to in Article 3, first paragraph .
1 The College consists of twenty-eight members, of which:
a. Thirteen members are judicial officers,
b. 13 Members of the Court of Justice; and
c. two members of the judicial officer shall be in training.
2 The members referred to in paragraph 1 (a) and (b) shall be delegated by the Member State concerned. The number of members per resort shall be:
a. on behalf of the ressort Amsterdam: six;
b. on behalf of the ressort Arnhem-Leeuwarden: eight;
(c) on behalf of the Hague, on behalf of the Hague:
d. on behalf of the resorder ' s-Hertogenbosch: six;
Half of which is a court official. For the purposes of this Decision, the Central Board of Appeal shall be held at the centre of Amsterdam and the College van Beroep for business at the Hague.
3 At most, one member of a court of law shall be delegated by the authority.
4 The members referred to in paragraph 1 (c) shall be appointed by the judicial officers in training.
5 The members of the College shall be delegated for a period of four years. They may be sent only once for the same period after the expiry of that period.
6 An alternate shall take his place in the event of a long-term absence or of a suspension of a member of the College.
1 Per resort there is a committee which is the members of the College, which is intended to be Article 2, second paragraph , and appoint their alternates. The members and their alternates shall be appointed from the judicial and judicial officers active in the courts and courts of jurisdiction of which the jurisdiction is situated within the jurisdiction.
2 The committee consists of a judicial official and a court official of each court and of each appeal court, the jurisdiction of which is within the jurisdiction of the court. The members of the committee shall be appointed for a period of six years. The court of justice shall ensure that meetings are held within its court or tribunal, in which judicial officers appoint a member of the commission to be a judicial officer and judicial officers shall be appointed to the judicial authorities. The commission is a court official.
Members of the College may not be delegated as members of the College, acting solely as a Judge or Councillor.
1 The membership of the College shall be terminated:
a. upon request;
b. if membership is incompatible with the Articles 2, first or third members , or 4 ;
(c) if a member of the College is no longer employed as a judicial or court official in a court or court or tribunal, or in any of the courts or appeals courts in the jurisdiction for which that member is delegated;
d. if a member of the College is dismissed as a judicial officer or judicial officer.
2 A member of the College may be suspended if that member is suspended as a judicial officer or judicial officer.
1 The College elects from its midst a chairman, a deputy chairman and a secretary.
2 The College shall elect a daily board from among its members. The President of the College is also Chairman of the Executive Board. The Deputy Chairperson and the Secretary shall be part of the Executive Board.
In the performance of its work, the College shall be administratively assisted by the Office of the Council in the case of the case-law.
1 College meetings shall be public, unless the College decides, on the basis of special circumstances, that a meeting is not public.
2 The views of the College, as set out in Article 92, second paragraph, of the Law on Judicial Organisation They're public. The other opinions of the College shall also be public, unless the College decides, on the basis of special circumstances, that an opinion is not open to the public.
1 The College shall adopt rules of procedure which shall, in any event, contain the following subjects: the working method, the method of meeting, the convening of a meeting and the decision-making process.
2 The Rules of Procedure shall be published in the Official Gazette.
The members of the College shall receive compensation for travel and subsistence expenses in accordance with the travel decision within the territory of the Netherlands.
1 By way of derogation from the Article 2, second paragraph , and 5, first paragraph, introductory wording and point (c) , a member of the College, which is due to the entry into force of Article II of the Evaluation Law Modernisation of the judicial organisation no longer worked as a judicial or judicial officer in a court in the jurisdiction for which that member is delegated, the membership on behalf of that court until the time limit for which the member is delegated has expired.
2 The members of a committee referred to in Article 3 as a judicial officer or judicial officer in a court which, at the date of entry into force of Article II of the Evaluation Law, transfers a judicial organization to another area of jurisdiction, Member of the committee in that other area.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Decision of the College of Deputies.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 10 December 2001
Beatrix
The Minister of Justice,
A. H. Korthals
Published on the 20th of December 2001The Minister of Justice,
A. H. Korthals
