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Decision of 10 December 2001 laying down detailed rules for the exercise of legal status in respect of court officials and officials of the Office of the Council for the administration of justice by the courts of the European Union and of the Council -Court of Justice (Court of Justice and civil servants 'office for the courts and civil servants' office of the Court of Justice)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Minister of Justice of 19 November 2001, Directorate-General for Legislation, No 5134468/01/6
Having regard to the Article 25, third paragraph , and 89, fourth paragraph, of the Law on the Judiciary ;
The Council of State heard (opinion of 28 November 2001, No W03.01.0617/I);
Having regard to the further report of our Minister of Justice of 6 December 2001, No 5137771/01/6;
Have found good and understand:
1 With regard to court officials, except the non-judicial member of a court of law, powers shall be held in accordance with the rules of procedure. Civil Service Act Resignation provisions, except those conferred on Us, Our Minister-President, Our Minister for the Interior and the Kingdom of the Union and our Minister of Finance, exercised by the administration of the court of first instance, with the exception of the that powers in the Articles 69, first paragraph , and 99 of the General Staff Regulations of Officials shall be exercised in accordance with the second and third paragraphs.
2 The administration of a court shall give the Council the opportunity to give its opinion on an opinion on a court official, other than the non-judicial member of a court, to decide on a decision to be taken by the court of justice on a judicial authority. indemnification, reimbursement of costs or the provision of a financial concession as referred to in Article 69, first paragraph, of the General Staff Regulations of Officials , in case the compensation, cost compensation or monetary allowance exceeds € 5000 on an annual basis. If the Council has delivered an opinion before the case-law, the management of the court of first instance shall forward a copy of the decision subsequently taken to the Council before the case-law.
3 The board of a court which intends to serve a court official, not the non-judicial member of a court order, based on the Article 99 of the General Staff Regulations of Officials to dismiss, the Council shall give the caselaw on the occasion of its opinion on the occasion of its opinion. If the Council has delivered an opinion before the case-law, the management of the court of first instance shall forward a copy of the judgment on the basis of Article 99 of the General Staff Regulations of Officials Decisions taken by the Council before the case-law.
4 By way of derogation from paragraph 1, the powers vested in the Civil Service Act are conferred on our Minister to lay down rules, the powers vested in our Minister to give the mandate of a Member State to give a mandate to the Minister for the power to adopt rules with a strong technical character, the powers conferred on our Minister to give a nomination for a settlement, the power of Articles 113 to 117 of the General Staff Regulations of Officials powers granted to our Minister, as well as the Article 4 of the Civilian Wealth Assessment Staff 1985 powers granted to the competent authority in respect of court officials, except the non-judicial member of a court of justice exercised by the Council before the case-law.
With regard to officials who belong to the Office of the Council for the Court of Justice or to a service under the jurisdiction of the Council as referred to in Article 4 (2), Article 40 of the Decision financing decisions 2005 the powers in the Civil Service Act Based on provisions, except those conferred on Us, Our Prime Minister, Our Minister of Home Affairs and the Kingdom of the Union and our Minister of Finance exercised by the Council of Justice.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Decision exercising judicial powers judicial officers and officials office of the Council before the case-law.
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
