Advanced Search

Disciplinary decision of the Agricultural Quality Act

Original Language Title: Tuchtrechtbesluit Landbouwkwaliteitswet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Decision of 12 July 1979, acting pursuant to Article 13, third paragraph, of the Agricultural Quality Act

We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

On the proposal of the Ministers for Agriculture and Fisheries and of the Court of Justice of 8 February 1979 (Legal and Industrial Affairs Committee, no. J 435, and the Court of Justice of 8 March 1979, Staff section Public law, public law, no. 127/679);

Having regard to Article 13, third paragraph, of the Agricultural Quality Act ( Stb. 1971, 371);

The Council of State heard (opinion delivered on 21 March 1979). 14);

Having regard to the detailed report of the Ministers of Justice of 5 July 1979 (Directorate-General for Legal and Industrial Affairs), no. J 2299);

Have found good and understand:


§ 1. General Provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purpose of this Decision:

'Steering Board' means the institution of the control body, in accordance with the statutes or regulations entrusted with the management, or the daily management of the control institution;

'disciplinary court' means the institution of the control body, in accordance with the statutes or rules of law governing the exercise of disciplinary caselaw on the persons concerned;

'central court' means the institution of the control body, in accordance with the statutes or regulations governing the treatment of the appeal against a disciplinary decision given by a disciplinary court;

'disciplinary rules' means the rules of procedure adopted by the control body, regulating the number, composition and powers of the bodies responsible for the exercise of disciplinary caselaw and the legal proceedings of disciplinary action;

'Chairman' means the chairman of a disciplinary court or central court, or the person acting as such;

'person concerned' means the person referred to in the Article 13, first paragraph, of the Agricultural Quality Act .


Article 1a

Compare Versions Save Relationships (...) (External Link) Permanent Link

This Decision is based on Article 13, second paragraph, of the Agricultural Quality Act .


Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link

The control body shall be responsible for the adoption of its rules of procedure in accordance with the provisions of this Decision. Before it enters into force, the approval of Our Minister and Our Minister for Security and Justice.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The control-setting can set up one or more tutu dishes.

  • 2 If the control body establishes two or more disciplinary courts, it shall also establish a central disciplinary court.


§ 2. Composition and jurisdiction of the disciplinary court and the court-central court

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The disciplinary tribunal shall be composed of one or more vice-chairman, as well as members, as required by a member of the Court of First Instance, as the main court. It shall be assisted by a Secretary and, if necessary, one or more Deputy Secretaries. It shall sit with at least three members, including the President.

  • 2 Those who are members of a disciplinary court may not also be part of the central court.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Where applicable Article 3, second paragraph , the provisions of the preceding paragraph shall apply only to the disciplinary courts, which must meet either the President or the Secretary-in-Office or the Secretary-General for the purposes specified in that paragraph.


Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The control body shall regulate the jurisdiction of the disciplinary court to determine the offences committed by the persons concerned, of the subject matter and of the provisions of an agricultural quality decision, and the power to take action on that matter. laying. If: Article 3, second paragraph Application of the Rules of Procedure provides that an interested party may institute proceedings against a decision in the jurisdiction of the Court of First Instance.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link

The control body shall determine the place where the disciplinary tribunal, as a result of which the central court is to sit, shall be held. The disciplinary court may, in special cases provided for in the rules of procedure, if the rules of procedure so provide, sit outside that place.


Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The control body shall determine the number of members and arrange for the appointment of the chairman, the vice-presidents, the other members, the secretary and the deputy secretaries of the disciplinary tribunal, the central court or tribunal, as the case may be. and the time, during which they fulfil their duties. The appointment of the President and the Vice-Presidents shall be subject to the approval of our Minister.

  • 2 Spouses, relatives or relatives who are part of the third degree, may not, together, be the Chairman, Vice-President, Member, Secretary or Deputy Secretary of a disciplinary tribunal, or of the Central Disciplinary Tribunal.

  • 3 If the marriage was first to be entered after the appointment, the juggling office will not be able to retain his function.

  • 4 If the brotherhood was first formed after the appointment, the one that caused it will not be able to retain his function, unless approved by Our Minister and Our Minister for Security and Justice. The brother-in-law stops by the dissolution of the marriage, which caused her to do so.


Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link

The control body shall regulate cases in which the chairman, vice-chairpersons and other members may be dismissed, who shall, where they can be put on a non-active basis, be dismissed.


Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link

An interested party may appeal to our Minister against a decision to resign or to set up a non-activity profession.


§ 3. Application of the proceedings for disciplinary action

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 11

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A case shall be brought by or on behalf of the Board within a reasonable period of time after the determination of the offence by means of a statement.

  • 2 The declaration initiating a case shall record all relevant facts. In so doing, all documents relating to the case shall be produced.

  • 3 A case shall not be brought before consultation with the Officer of the Court of Justice.


Article 12

Compare Versions Save Relationships (...) (External Link) Permanent Link

Copy of the Article 11 shall be sent to the district attorney in the district in which the offence is situated, even if the declaration and the relevant documents are not brought, even if the matter is not referred to it pursuant to Article 11, third paragraph. was committed, unless the district attorney has informed that it may be waived.


Article 13 [ Verfall by 01-07-2011]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 14

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person concerned shall, without prejudice to the provisions of Article 13 , within a period of not more than eight weeks, after the matter has been brought before the disciplinary court, a letter of appeal to the President to be taken to appear on the date and time to be determined by the President. The summons shall be sent to him at least two weeks before the day of the sitting and shall state the place of the session.

  • 2 The summons shall be accompanied by a copy of the Article 11 the certified statement and of all the documents relating to the case.

  • 3 The summons shall mean:

    • (a) if witnesses and experts have been summoned to the Plenary Session, the names, the occupation and the place of residence of those persons;

    • (b) the communication that the person concerned has the power to bring witnesses and experts to the meeting.

  • 4 The person who has brought the case is also called upon to sit.


Article 14a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person concerned may, unless the disciplinary court recommends that he appear in person, be represented at the hearing by a lawyer if that lawyer declares that he is, by his or her own authority, by his or her consent. Special power of attorney in writing.

  • 2 The disciplinary court may refuse to allow certain persons, who are not lawyers, to be authorised to act as authorised persons. In the event of such a refusal, the disciplinary court shall hold the case until the next sitting.

  • 3 The disciplinary court shall inform the person concerned of the detention and the reason for the arrest and shall also call upon him to be in person or another authorised representative at the time determined for the purposes of the case.

  • 4 The person concerned may be assisted by a counsellor at any time.

  • 5 The disciplinary court may refuse to allow certain persons, who are not lawyers, to be counsellor. In the event of such a refusal, the disciplinary court shall, at the request of the person concerned, hold the case to a subsequent sitting.


Article 15

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 shall be granted against the person concerned, who has not appeared at the sitting or, if his personal appearance has not been ordered, has not been represented. The treatment will then continue.

  • 2 Against the judgment given in default, the person concerned may, within six weeks of the date of dispatch of the judgment, resist the award. In that case, the case shall be determined in accordance with Articles 14 , 14a and 15a to 18a treated. If the person does not appear at the hearing again, it shall not be renewed again.


Article 15a

Compare Versions Save Relationships (...) (External Link) Permanent Link

At the request of the party concerned, the chairman or each of the members dealing with a case may be objected to on the basis of facts and circumstances which may cause damage to the impartiality of the disciplinary court. The Articles 513 to 515 of the Code of Criminal Procedure shall be applicable mutatis mutandis.


Article 15b

Compare Versions Save Relationships (...) (External Link) Permanent Link

On the basis of facts and circumstances as referred to in Article 15a may ask the chairman or any member dealing with a case to be changed. The Articles 517, second and third paragraphs, to 518 of the Code of Criminal Procedure shall be applicable mutatis mutandis.


Article 15c

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The disciplinary court may, of its own motion or at the request of the person concerned or of the control body, call witnesses.

  • 2 Each of whom has been summoned as a witness shall be obliged to appear before the disciplinary court. If the witness does not appear at the summons, the disciplinary court may ask the D.A. in the district in which the disciplinary court sits, to summons the witness at the hearing of the disciplinary court and to add it to the court. An order for a joint action.

  • 4 The chairman of the disciplinary court may determine that witnesses will not be heard than after taking the oath or on the promise. In that case, they take the oath or the promise that they will say the whole truth, and nothing but the truth.


Article 16

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The disciplinary court may suspend the proceedings for a hearing under the grounds of justification.

  • 2 If, in the event of suspension, no time for resumption of treatment has been determined, the Secretary shall, as soon as possible, inform the person concerned and the person who has brought the matter, of the period for which it is to be brought forward. Specified time. The time of resumption cannot be within 6 days from the date of that notification.

  • 3 The communication referred to in paragraph 2 shall be accompanied by a copy of all the documents relating to the case, if not forwarded pursuant to Article 3 (2), Article 14, second paragraph .


Article 17

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited to the President and the other members outside the session:

    • a. which they have known as such to make known;

    • (b) to reveal the feelings expressed in the Council Chamber on pending cases;

    • c. about a case before them or a case which they know they may know or suspect to be seised of, to be held in any maintenance or interview with the person concerned or his counsellor, or of the sole special information. or take a written piece.

  • 2 The prohibitions referred to in paragraph 1 shall be extended to the Secretary and to the Deputy Secretary, in so far as the nature of their work does not otherwise require.

  • 3 The obligation of professional secrecy shall also apply after the termination of the duties.


Article 17a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The disciplinary tribunal shall close the examination when it considers that it has been completed.

  • 2 Before the examination is concluded, the person concerned and the control body shall have the right to speak for the last time.

  • 3 Once the examination is closed for the session, the President shall inform you when the judgment is to be delivered


Article 18

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The disciplinary hearing shall be open to the public unless, in the opinion of the President, there are urgent reasons to oppose it.

  • 2 The disciplinary court shall consider and decide in the hearing room, if possible in connection with the proceedings, to sit on the hearing. Immediately after the hearing room, the verdict is delivered. Where this is not possible, the President may set a further date for the Award, which shall take place within three weeks after the proceedings are closed.

  • 3 The court of appeal shall give its ruling only on what has been proved at its meeting.


Article 18a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The disciplinary court shall give a written judgment.

  • 2 The decision on the imposition of the disciplinary measure, the grounds and the rules on which it is based shall be decided.

  • 3 The disciplinary court shall, in public, make the decision referred to in the second paragraph.

  • 4 By way of derogation from the first paragraph, the disciplinary court may, after the conclusion of the examination, give an oral order orally.

  • 5 Of the oral statement shall be drawn up by the secretary in a report.

  • 6 The ruling shall be sent immediately to the person concerned and to the control body.


Article 18b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • If, in the opinion of the President of the disciplinary court, no disciplinary measure or disciplinary measure other than a reprimand or a fine of up to € 225 is to be imposed, the President may take the case without a hearing. Article 18a shall apply mutatis mutandis.

  • 2 Against the judgment referred to in paragraph 1, the person concerned or the control body may, within six weeks of the date of dispatch of the judgment, resist the award. In that case, the ruling shall expire and the case shall continue in accordance with Articles 14 , 14a and 15a to 18a treated.


Article 19

Compare Versions Save Relationships (...) (External Link) Permanent Link

If: Article 3, second paragraph , is not applicable, is published when the disciplinary decision is published, as referred to in Article 4 (2). Article 18 , also state that there is a higher appeal as referred to in Article 13f of the Agricultural Quality Act open.


Article 20

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of application of Article 3, second paragraph The person who has brought the case may, and the person concerned, agree to bring the matter directly to the court of first instance. In this case, the provisions of this paragraph shall apply mutatis mutandis to the central court.


§ 4. Special provisions relating to the legal proceedings of the second instance of the disciplinary proceedings

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 21

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Secretary of the Central Court shall send notice of the appeal lodged to the Article 12 Prosecutor as referred to above, unless he has been informed that it may be waived.

  • 2 Parties shall be summoned by registered letter, within a period of not more than eight weeks, after the matter has been brought before the main court, to appear at the hearing of the President. The summons shall be sent to them at least two weeks before the day of the sitting. The provisions of the Article 14, second and third paragraphs, to 18 shall apply mutatis mutandis in respect of the treatment of the appeal to the central court.


Article 22

Compare Versions Save Relationships (...) (External Link) Permanent Link

The publication of the notice of appeal shall also state that appeal may be appealed against. Article 13f of the Agricultural Quality Act open.


§ 5. Transitional and Final Provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 23

Compare Versions Save Relationships (...) (External Link) Permanent Link

The control body regulates what is also conducive to the smooth running of the disciplinary proceedings.


Article 24

Compare Versions Save Relationships (...) (External Link) Permanent Link

Cases pending before a disciplinary court at the time of the entry into force of the rules of procedure laid down in this Decision shall be taken into account in the light of the rules governing the application of the rules of procedure governing the application of the rules of procedure governing the application of the rules of procedure governing the application of the rules of procedure governing the Disciplinary proceedings, which were applicable before that date.


Article 25

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This decision may be referred to as: 'Act of the Court of Agriculture and Rural Quality'.

  • 2 It shall enter into force with effect from 1 January 1980.

Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State.

Soestdijk, 12 July 1979

Juliana

The Minister for Agriculture and Fisheries,

Van der Stee

The Minister of Justice,

J. de Ruiter

Published on the 23rd August 1979

The Minister of Justice,

J. de Ruiter