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8 MAI 2014. - Law Amending and Co-ordinating Various Justice Laws (I)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In article 98, paragraph 6, of the Judicial Code, as amended by the Act of 10 February 1998, the words "vised in the second paragraph" are replaced by the words "subjected in the delegation order".
Art. 3. In Article 160, § 4, paragraph 1^er, of the same Code, the 1st is repealed.
Art. 4. In Article 162, § 3, paragraph 2, of the same Code, as amended by the Act of 15 June 2001, the words "Article 186, paragraph 4" are replaced by the words "Article 186, § 1^erParagraph 10."
Art. 5. Article 198 of the same Code is supplemented by a paragraph written as follows:
"Employed and alternate social judges are appointed by district."
Art. 6. In section 203 of the same Code, as amended by the Act of 22 December 1998, the following amendments are made:
1° a paragraph written as follows is inserted between subparagraphs 1^er and 2:
"The effective and alternate consular judges are appointed by district."
2° in paragraph 2, which becomes paragraph 3, the words "article 287, paragraph 1^er"are replaced by the words "article 287sexies, paragraph 1^er".
Art. 7. In section 206 of the same Code, last amended by the Act of 19 July 2012, paragraphs 3 to 5 are repealed.
Art. 8. Section 216 of the same Code, last amended by the Act of 19 July 2012, is supplemented by three paragraphs as follows:
"To be appointed a social, effective or alternate councillor at the Labour Court of Liège, the candidate must be a holder of a certificate of study or diploma in the French or German language. The social advisor may only serve in cases where the language regime corresponds to the language of the certificate or diploma in which he is a holder.
However, he or she may sit in cases where the language regime does not correspond to the language of the certificate of study or degree that he or she is carrying on, provided that he or she has passed an oral examination relating to the knowledge of the other language and a written examination relating to the passive knowledge of the other language; these two events are organized by the King. Juries to which the trials are being conducted are composed of a president, chosen from among the actual members of the Court of Appeal, the Court of Labour, the General Prosecutor's Office or the general auditorship of Liège and two effective magistrates, all of whom have justified the knowledge of the language on which the trial is being conducted, as well as two professors of the language of university education.
The appointment order determines the language regime to which the individual belongs.".
Art. 9. In section 259ter of the same Code, last amended by the Act of 3 May 2003, the following amendments are made:
1° in § 1^er, paragraphs 3 and 5, the words "article 319, paragraph 2" are each replaced by "article 319, paragraph 1^er, second sentence, or 319, second sentence, paragraph 2.
2° in § 1^erParagraph 5 is supplemented by the words "or body assembly".
Art. 10. In section 259quater of the same Code, last amended by the Act of 19 July 2012, the following amendments are made:
1° in § 2, paragraph 1^er, the words "by a model form established by the Minister of Justice, on the proposal of the Superior Council of Justice," are inserted between the words "Belgian Monitor" and the words ", written notice";
2° in § 2, paragraph 2, the words "or the body assembly" are inserted between the words "the general assembly" and the words "for the Court of Cassation";
3° § 4 is supplemented by two paragraphs written as follows:
"However, the term of office of head of body puts an end to the term of attorney of the deputy king of Brussels, of auditor of the deputy labour of Brussels, of president of division, of prosecutor of division, of auditor of division, of vice-president of justices of the peace and of judges in the police court.
Deputy mandate holders whose terms of office are suspended may, where appropriate, be overemphasized during the duration of their term as Head of Body. ";
§ 5 is replaced by the following:
§ 5. The designation of a candidate outside the jurisdiction or the public prosecutor, if any, shall give rise to a simultaneous appointment, if any, to that court or prosecutor without the application of section 287sexies, with the exception of the federal prosecutor who retains his appointment and the president of the justices of the peace and the judges to the police tribunal who, if so appointed, is simultaneously a justice of the peace in a canton of the district
The designation of a candidate outside the court of first instance or a public prosecutor to the court of first instance or to the public prosecutor's office shall also result in a subsidiary appointment, if any overnumbered, in the other courts of first instance or public prosecutor's office of the King's court of appeal in accordance with section 100 and in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters.
Paragraph 2 is also applicable to designations in commercial courts, in labour courts and labour auditors of the Brussels Court of Appeal.
The appointment to the term of President of the Eupen Court of First Instance of a candidate outside the jurisdiction shall also result in a subsidiary appointment in overcrowding, in the Eupen Court of Commerce and the Eupen Labour Court in accordance with Article 100/1. The appointment of an external candidate to the public prosecutor of the King of Eupen to the public prosecutor's office also leads to an over-numbered subsidiary appointment to the auditorate of Eupen's work in accordance with Article 156/1.
The incumbent of the Deputy Mandate may be replaced in its original jurisdiction.
When the president of justices of the peace and judges in the police court is a justice of the peace he is replaced in his original justice of the peace by a supernumed justice of the peace appointed as a subsidiary and in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters in all cantons of the district.
The outgoing head of body may, at his request, be reappointed by the King, if need be overnumbered, to the function to which he was last appointed before his appointment to the function of head of body. Where applicable, he also re-enters the Deputy Mandate to which he was appointed at the stage where he ceased to exercise it as long as it was not a mandate referred to in § 4, paragraph 3.
If no request for reinstatement has been sent to the King as the case may be no later than six months before the expiry of the term or in the month before the end of the term if the term is not renewed, it shall be retained in the position to which it was appointed as head of body. ";
5° in § 6, paragraph 1^er, the words "article 287" are replaced by the words "article 287sexies";
6° in § 6, paragraph 2, the words "article 287" are replaced by the words "article 287sexies" and the words "article 319, paragraph 2" are replaced by the words "article 319, paragraph 2, second sentence";
7° in § 6, paragraph 4, the words "article 319, paragraph 2" are replaced by the words "article 319, paragraph 2, second sentence";
8° in § 6, paragraph 5, the words "article 287" are replaced by the words "article 287sexies".
Art. 11. In article 259s of the same Code, last amended by the law of 1^er December 2013, the words "a judge in the youth court" are replaced by the words "a judge in the family and youth court".
Art. 12. Paragraphs 1 and 2 are replaced by the Act of 22 December 1998 and amended by the Act of 3 May 2003, as follows:
"In courts and prosecutors composed of one or more divisions, the head of the body is replaced by the division president, the division prosecutor or the division auditor he designates. If a replacement is not designated, it is replaced by the Division Chair, Division Prosecutor or Division Auditor with the highest service seniority.
In other cases, the head of the body is replaced by the magistrate whom he designates for that purpose. If a replacement is not appointed, it shall be replaced by a deputy mandate holder in the order of service seniority or by another magistrate in the order of service seniority. ".
Art. 13. In the same Code, an article 319bis is inserted as follows:
"Art. 319bis. The presiding officer, the division prosecutor or the disabled division auditor is replaced by the magistrate whom the head of the body designates for that purpose. If a replacement is not appointed, it is replaced by a deputy vice president or first deputy in the order of service seniority or default by another magistrate in the order of service seniority. ".
Art. 14. In article 330bis of the same Code, replaced by the law of April 25, 2007, the words "of article 329bis" are replaced by the words "of articles 328/1 and 329bis".
Art. 15. In Article 346, § 3, paragraph 1^er, 3°, of the same Code, inserted by the law of 18 December 2006, the words "319, paragraph 2" are replaced by the words "319, paragraph 1^er, second sentence or 319, second sentence.
Art. 16. In section 357, § 4, of the same Code, inserted by the Act of 22 April 2003, a paragraph written as follows is inserted between paragraphs 2 and 3:
"By derogation from paragraph 2, the heads of bodies who, in accordance with the Act of 15 June 1935 concerning the use of languages in judicial matters, must justify the in-depth knowledge of another national language, receive the premium on their own behalf."
Art. 17. In section 383 of the Code, as amended by the Acts of 22 December 1998, 3 May 2003 and 7 May 2010, the following amendments are made:
1° in § 2, paragraphs 1 and 2, the words ", the presidents of the justices of the peace and the judges in the police court" are inserted between the words "the presidents of the courts" and the words "or the attorneys general";
2° in § 3, the words "to the presidents of the justices of the peace and the judges in the police court" are inserted between the words "to the presidents of the courts," and the words "to the king's prosecutors".
Art. 18. Section 430, 3, of the same Code, replaced by the Act of 22 November 2001, is supplemented by a paragraph written as follows:
"In the boroughs where the bars are organized with a division of the court, the notices referred to in this Code are rendered as a common notice in the case of all the stickers or representatives of the borough bars. ".
Art. 19. In article 516, paragraph 5, of the same Code, replaced by the Act of 25 April 2014 on various provisions in the field of Justice, the words "of Verviers-Herve and Verviers" are each replaced by the words "of the first canton of Verviers-Herve and of the second canton of Verviers".
Art. 20. In section 538, paragraph 1^er, of the same Code, replaced by the law of January 7, 2014, the fourth sentence is supplemented by the words ", to the possible complainant and to the rapporteur of the National Chamber of Judicial Officers".
Art. 21. In section 547 of the same Code, replaced by the Act of 7 January 2014, the following amendments are made:
1° paragraph 2 is replaced by the following:
"Any contravention of paragraph 1^er shall be punished by a suspension of three months and, for each item purchased by the judicial officer concerned, a fine of two hundred and fifty euros, without prejudice to the application of the criminal laws. The total fine imposed under this section shall not exceed 25,000 euros. ";
2° in paragraph 3, the second sentence is supplemented by the words "without the amount can rise to more than 25,000 euros".
Art. 22. In section 549 of the same Code, replaced by the Act of 7 January 2014, the following amendments are made:
1° in § 1^erParagraph 1^er is replaced by the following:
"There is a borough room in each borough that has its seat in the district chief town. It is composed of judicial officers of the borough and judicial candidates who mainly carry out their activities in this district. She has the legal personality. ";
2° in § 1^er, paragraph 2, the words "of Verviers-Herve and Verviers" are each time replaced by the words "of the first canton of Verviers-Herve and the second canton of Verviers";
3° § 2 is replaced by the following:
"The borough chamber is administered by a council, whose number of members is fixed to:
1° nine in the boroughs of more than fifty judicial officers;
2° seven, in the boroughs where the number of judicial officers is thirty to fifty;
3° 5 in the boroughs where there are more than ten and less than thirty judicial officers;
4° 4, in the districts where the number of judicial officers is five to ten;
5° a unit less than the total number of judicial officers provided in the borough when this number is four or less. ".
Art. 23. Article 552, § 1^er, of the same Code, replaced by the Act of 7 January 2014, the following amendments are made:
(a) at 4°, the words "in front of the disciplinary committee" are replaced by the words "through the rapporteur before the National Chamber of Judicial Officers";
(b) at 10°, the number "555" is replaced by the number "554".
Art. 24. In Article 553, § 2, paragraph 1^er, third sentence, of the same Code, replaced by the law of January 7, 2014, the words "to council" are replaced by the words "to the National Chamber of Judicial Officers".
Art. 25. In section 555 of the same Code, replaced by the Act of 7 January 2014, the following amendments are made:
1° § 1^er is supplemented by the following sentence:
"It consists of all the bailiffs and bailiff candidates from the country. ";
2° in § 3, a paragraph written as follows is inserted between paragraphs 2 and 3:
"The General Assembly chooses in the same way for each representative an alternate. ";
3° in § 5, the words "members" are replaced each time by the words "members of the steering committee";
4° in § 6, paragraph 1^er, the words "twenty-five members" are replaced by the words "one fifth of the members of the General Assembly".
Art. 26. In section 555/1 of the same Code, replaced by the Act of 7 January 2014, the following amendments are made:
(a) paragraph 1^er is completed by the 19° to 22° written as follows:
"19° to establish each year the dependant contribution of the members of the board;
20° to prevent or, if possible, to reconcile any third party complaints and claims against members of the board relating to the exercise of their profession;
21° to examine the complaints submitted to him and, if necessary, to refer them to the disciplinary committee;
22° to establish an electronic list of incumbent and alternate judicial officers and to ensure its permanent update. Unless otherwise proved, in the event of a discrepancy, the references to this list prevail over those on the proceedings. This list is public. The King shall determine, after the advice of the Commission on the Protection of Privacy, the modalities for the creation, conservation and consultation of it.
The National Chamber of Judicial Officers is authorized to collect from judicial officers and candidates their national registry number, in order to allow the verification of their identity within the Phenix information system. ";
(b) in paragraph 2, the words "13° and 15°" are replaced by the words "13°, 15°, 20° and 21°" and the words "17° and 18°" are replaced by the words "17°, 18° and 19°";
(c) in paragraph 2, as amended (b), the words "13°, 15°, 20° and 21°" are replaced by the words "13°, 15°, 20°, 21° and 22°".
Art. 27. In section 571, paragraph 1^er, of the same Code, replaced by the law of January 7, 2014, the words "pronouncing a penalty of discipline" are repealed.
Art. 28. Section 577 of the same Code, as amended by the Act of 11 July 1994, is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^erthe appeals of the decisions rendered in the first instance by the justice of the peace in the cases provided for in articles 594, 2°, 3°, 6°, 8°, 9°, 15° to 16° /2 and 19°, and 596 to 597, will be dealt with in the court of first instance by the family court. ".
CHAPTER 3. - Amendments to the Act of 15 July 2013 amending the provisions of the Judicial Code relating to discipline
Art. 29. In section 4 of the Act of 15 July 2013 amending the provisions of the Judicial Code relating to discipline two paragraphs are inserted between paragraphs 3 and 4 of article 259sexies/1 of the Judicial Code:
"Applications to the warrants of a judge in the disciplinary court and to advise the disciplinary court of appeal are addressed to the competent general assembly within one month of the publication of the vacancy in the Belgian Monitor.
The presiding officers of the courts of first instance and the first presiding officers of the courts of appeal shall forward the names of the judges and counsellors appointed to the Minister of Justice within five days of the appeal to the candidates. ".
Art. 30. Section 5 of the Act is repealed.
Art. 31. In article 6 of the same law, the word "respectively" is inserted between the words "done" and the words "in front of one of the chambers" and the words "or the disciplinary court of appeal" are inserted between the words "disciplinary court," and the words "presiding by".
Art. 32. In the same Act, an article 6/1 is inserted, as follows:
"Art. 6/1. In section 340 of the same Code, as amended by the law of 1^er December 2013, the 6th is reinstated as follows:
6° for the designation or selection of candidates for a term of office of judge, adviser and assailant in the disciplinary courts referred to in section 58.".
Art. 33. Section 7 of the Act is replaced as follows:
"Art. 7. In section 341 of the same Code, last amended by the law of 1^er December 2013, the following amendments are made:
1° in § 2 the words "and 7°" are replaced by the words ", 6° and 7°";
2° § 4 is repealed."
Art. 34. In Article 14 of the Act, the following sentence is inserted between the first and the second sentence of Article 409, § 2, paragraph 2, of the Judicial Code:
"For the purposes of this article, members of the Federal Public Prosecutor's Office are assimilated to members of the Public Prosecutor's Office. ".
Art. 35. In Article 16 of the Act, the following sentence is inserted between the first and the second sentence of Article 410, § 2, paragraph 2, of the Judicial Code:
"For the purposes of this article, members of the Federal Public Prosecutor's Office are assimilated to members of the Public Prosecutor's Office. ".
Art. 36. In section 18 of the Act, the following amendments are made to section 411 of the Judicial Code:
1° in § 3, paragraph 2, the words "of the General Assembly of Peace Judges and Judges in the Police Court" are replaced by the words "peace judges and judges in the Police Court";
2° in § 4, paragraphs 1 and 3, the words ", or exercise the powers of the public ministry" are repealed each time;
3° in paragraph 4, paragraph 3, the words "general parquet" are replaced by the words "general parquets and general auditors of work";
4° paragraph 4, paragraph 3, is supplemented by the following sentence: "For the purposes of this article, members of the Federal Prosecutor's Office are assimilated to members of the General Prosecutor's Office. ";
5° Paragraph 6 is supplemented by a paragraph which reads as follows:
"The names of the emeritus judges so designated shall be transmitted to the Minister of Justice within five days of the appeal to the candidates. ".
Art. 37. In section 19 of the Act, section 411/1, paragraph 4, of the Judicial Code is supplemented by the following sentence:
"In the jurisdiction of Liège, members justifying the knowledge of the German language may not be appointed, appointed as a subsidiary or be delegated in the same jurisdiction, the same prosecutor's office, the same office, the prosecutor's office or support service as the person subject to disciplinary proceedings. ".
Art. 38. In Article 23 of the Act, Article 413, § 2, paragraph 1^er, the Judicial Code is supplemented by the following sentence:
"The authorities referred to in Article 412, § 1^ercommunicate to the Minister of Justice the disciplinary decisions they make upon notification."
Art. 39. In the same Act, an article 39/1 is inserted as follows:
"Art. 39/1. For the first appointments of assessor members of disciplinary tribunals and disciplinary appeals courts referred to in section 18 of the Act, the President of the General Assembly of Justices of Peace and Judges of the Police Court shall perform the functions assigned to the presidents of the justices of the peace and the judges in the police court for designation. ".
CHAPTER 4. - Amendments to the Act of 30 July 2013 establishing a Family and Youth Court
Art. 40. Section 26 of the Act of 30 July 2013 establishing a Family and Youth Court, which amends section 220 of the Civil Code, is replaced by the following:
"Art. 26. In article 220, § 3, the words "juge de paix" are replaced by the words "tribunal de la famille". ".
Art. 41. In article 28 of the same law, which replaces article 223 of the Civil Code, the words "1253ter/5 and 1253ter/6" are replaced by the words "1253ter/4 to 1253ter/6".
Art. 42. Article 34 of the Act, which amends Article 329bis, § 3, paragraph 3, of the Civil Code, is replaced by the following:
"Art. 34. In article 329bis, § 3, paragraph 3, of the same Code, inserted by the law of 1^er July 2006, the words ", by summons, ask the court of the child's domicile" are replaced by the words ", by summons, joint motion or contradictory request, ask the court of the territorially competent family".
Art. 43. Section 35 of the Act, which amends section 330 of the Civil Code, is replaced by the following:
"Art. 35. In Article 330, § 1^erParagraph 1^er, of the same Code, replaced by the law of 1^er July 2006, the words "in front of the family court" are inserted between the words "may be contested" and the words "by the father, the child, the author" and the words "in front of the family court" are inserted between the words "may be contested" and the words "by the mother, the child, the author". ".
Art. 44. Section 39 of the Act, which amends section 338 of the Civil Code, is replaced by the following:
"Art. 39. In section 338 of the same Code, replaced by the Act of March 31, 1987 and amended by the Act of June 2, 2010, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "court president" are replaced by the words "family court";
2° § 1^erParagraph 2 is replaced by the following:
"The court shall, if any, return the application to the court of law to the amicable, in accordance with article 731, paragraph 5, of the Judicial Code. ";
3° in § 2, paragraph 1^er, the word "president" is replaced by the word "tribunal;
4° in § 2, paragraph 2 is repealed."
Art. 45. Section 41 of the Act, which amends section 348-1 of the Civil Code, is repealed.
Art. 46. In article 64 of the same law, which amends article 387bis of the Civil Code, the words "1253ter/5 and 1253ter/6" are replaced by the words "1253ter/4 to 1253ter/6".
Art. 47. Article 65 of the Act, which amends Article 387ter, § 1^erParagraph 1^er, of the Civil Code, the 1st is supplemented by the words ", in accordance with the procedure provided for in article 1253ter/7 of the Judicial Code".
Art. 48. Section 66 of the Act, which amends section 389 of the Civil Code, is repealed.
Art. 49. In section 102 of the Act, which replaces section 76 of the Judicial Code, the following amendments are made:
1° Article 76, § 1^erParagraph 1^er, of the Judicial Code, is replaced as follows:
§ 1^er. The Court of First Instance and, where applicable, its divisions include one or more civilian chambers, one or more correctional chambers, one or more family chambers, one or more youth chambers, and, for the division of the Court of First Instance at the seat of the Court of Appeal, one or more chambers of enforcement of sentences. ";
2° in the Dutch text of Article 76, § 1^erParagraph 2, of the Judicial Code, the word "afdelingen" is replaced by the word "secties";
3° Article 76, § 1^erParagraph 3 of the Judicial Code is replaced by the following:
"The family and youth court shall consist of the family and the family chamber(s) and the friendly settlement chamber(s), comprising the family court, and of the youth chamber(s) constituting the youth court. ";
4° in the Dutch text of Article 76, § 2, paragraph 1^erthe word "afdeling" is replaced by the word "sectie";
5° in the Dutch text of Article 76, § 3, of the Judicial Code, the word "afdeling" is replaced by the word "sector";
6° Article 76, § 4, of the Judicial Code is replaced by the following:
§ 4. Except for the pronouncement of judgments for which they sit in any court of first instance located in the jurisdiction of the Court of Appeal, the Chambers of Enforcement of Penalties sit in the prison in respect of convicts who stay in prison. They may sit in the prison or in any court of first instance located within the jurisdiction of the Court of Appeal for convicted prisoners who do not stay in prison. When pursuant to section 36 of the Act of 17 May 2006 relating to the external status of persons sentenced to deprivation of liberty and the rights of victims in the execution of the sentence, they shall sit in any court of first instance in the jurisdiction of the Court of Appeal.";
7° Article 76 of the Judicial Code is supplemented by a § 5 written as follows:
§ 5. The Council Chamber may sit in prison to deal with cases under articles 21, 22 and 22bis of the Act of 20 July 1990 on preventive detention. ".
Art. 50. In section 104 of the Act, the 4th is replaced by the following:
"4° paragraph 8 is repealed."
Art. 51. In section 107 of the Act, which amends section 90 of the Judicial Code, the following amendments are made:
(a) the words "replaced by the law of 25 April 2007" are replaced by the words "replaced by the law of 1^er December 2013";
(b) 1° is replaced by the following:
"1° the cases are divided according to the criteria described in Article 629bis, § 1^er"
(c) the words "the president shall, as far as possible as:" are replaced by the words "the president shall, to the extent possible, ensure that:".
Art. 52. In section 110 of the Act, which replaces section 101 of the Judicial Code, the following amendments are made:
1° in Article 101, § 1^erParagraph 1^er, from the Judiciary Code, the words "family chambers, youth chambers and friendly settlement chambers" are replaced by the words "youth chambers and family rooms and among them friendly settlement chambers";
2° in Article 101, § 2, paragraph 5, of the Judicial Code, the words "special, whose content is determined by the Judicial Training Institute" are replaced by the words "specialized by the Judicial Training Institute", the words "procuror of the King", are replaced by the words "general prosecutor" and the words "special training" are replaced by the words "specialized training";
3° Article 101 of the Judicial Code is supplemented by a § 3 written as follows:
§ 3. The Indictment Chamber may sit in prison to deal with cases under section 30 of the Act of 20 July 1990 on pretrial detention. ".
Art. 53. Article 112 of the Act, which amends section 109bis, § 1, of the Judicial Code, is replaced by the following:
"Art. 112. In section 109bis of the same Code, inserted by the Act of 19 July 1985, the following amendments are made:
(a) in § 1^er, a 1/1° is inserted as follows:
"1/1° appeals from decisions rendered by the Family Court relating to the exercise of parental authority, accommodation, the right to personal relations, emancipation, the lifting of the prohibition of marriage between minors and its authorization, the adoption of minors, the informal guardianship and the maintenance of minors; ";
(b) § 1^er is supplemented by a 4° written as follows:
"4° the friendly settlement."
Art. 54. In the Dutch text of article 120 of the same law, which amends section 210, paragraph 2, of the Judicial Code, the words "rechter van de familie- en jeugdrechtbank" are replaced by the words "familie- en jeugdrechter".
Art. 55. In section 125 of the Act, which replaces section 565, paragraph 2, of the Judicial Code, the following amendments are made:
(a) at 1°, the words "see § 1^er to Article 629bis are replaced by the words "seen to Article 629bis, § 1^er";
(b) at 2°, the words "seen to 594" are replaced by the words "seen to articles 628, 3°, and 629quater".
Art. 56. In section 128 of the Act, which inserts section 572bis into the Judicial Code, the following amendments are made:
1° in Article 572bis, 2°, of the Judicial Code, the words "and remedies against the refusal of the civil officer to act the declaration of legal cohabitation" are inserted between the words "the cancellation of the legal cohabitation" and the words ", without prejudice to the jurisdiction";
2° Article 572bis, 4°, of the Judicial Code is replaced by the following:
"4° requests for the exercise of parental authority, accommodation or rights to personal relationships with minor children;"
3° in the Dutch text of Article 572bis, 8°, of the Judicial Code, the word "rechthebbende(n)" is each time replaced by the word "bijslagtrekkende(n)";
4° in Article 572bis, 9°, of the Judicial Code, the words "to the matrimonial regime" are replaced by the words "to the matrimonial regimes";
5° Article 572bis, 14°, of the Judicial Code is replaced by the following:
"14° of the opposition to the payment to the family allowances referred to in article 69, § 3, of the laws relating to the family allowances for employees coordinated on 19 December 1939, except for the case where the youth court was seized on the basis of article 29 of the law of 8 April 1965 relating to the protection of the youth, the care of minors who committed a qualified act and the reparation of the case caused by this
6° Article 572bis, 15°, of the Judicial Code is replaced by the following:
"15° of the opposition to the payment of family benefits for self-employed persons, referred to in article 31, § 3, of the royal decree of 8 April 1976 establishing the regime of family benefits for independent workers, except for the case where the youth court was seized on the basis of article 29 of the law of 8 April 1965 relating to the protection of the youth, to the care of minors who have committed a qualified act ".
Art. 57. In section 132 of the Act, which amends section 590 of the Judicial Code, the following amendments are made:
(a) in the introductory sentence, the words "the royal decree of 20 July 2000" are replaced by the words "the law of 26 March 2014 amending the Judicial Code and the law of 2 August 2002 concerning the fight against the delay in payment in commercial transactions, with a view to assigning jurisdiction to the natural judge in various matters";
(b) 1° is replaced by the following:
"1° in paragraph 1^er, the words "1 860 EUR" are replaced by the words "2 500 euros" and the words "572bis," are inserted between the words "569 to 571," and the words "573, 574 and 578". "
Art. 58. In section 134 of the Act, which amends section 594 of the Judicial Code, 16° /2 is replaced by the following:
"16° /2 on requests for presumption of absence referred to in Article 112 of the Civil Code;".
Art. 59. Section 137 of the Act, which replaces section 626 of the Judicial Code, is replaced by the following:
"Art. 137. Subject to the application of section 629bis, claims relating to maintenance related to the right of social integration may be brought before the judge of the applicant's domicile, with the exception of requests to reduce or eliminate such maintenance. ".
Art. 60. Section 138 of the Act, which amends section 627, 15°, of the Judicial Code, is replaced by the following:
"Art. 138. In section 627 of the same Code, as amended by the Act of 15 June 2012, the following amendments are made:
(a) at 17° the words "first instance" are replaced by the words "family";
(b) at 18°, the words "the justice of the peace of the canton" are replaced by the words "the court of the family of the judicial district".
Art. 61. Section 140 of the Act, amending section 629 of the Judicial Code, is replaced by the following:
"Art. 140. In section 629 of the same Code, replaced by the Act of 10 January 1977 and amended by the Act of 30 June 1994, the following amendments are made:
(a) at 1°, the words ", 14°" are repealed;
(b) the article is supplemented by a 7° written as follows:
"7° of applications filed on the basis of the Act of 16 May 1900 bringing amendments to the estate regime of small inheritances and applications introduced on the basis of the Act of 29 August 1988 on the estate regime of farms to promote continuity."
Art. 62. In section 141 of the Act, which inserts section 629 bis in the Judicial Code, the following amendments are made:
1° in article 629bis, § 4, of the Judicial Code, the words "article 572bis, 13°" are replaced by the words "article 572bis, 7°";
2° Article 629bis, § 5, of the Judicial Code is supplemented by the words "or the last common residence of the legal cohabitants".
Art. 63. The Dutch text of section 144 of the Act, which amends section 630 of the Judicial Code, is replaced by the following:
"Art. 144. In artikel 630 van hetzelfde Wetboek worden de woorden ", 629bis" ingevoegd tussen het woord "629" in woorden "en dagtekent".
Art. 64. Section 145 of the Act, which amends section 633sexies of the Judicial Code, is replaced by the following:
"Art. 145. In Article 633sexies, § 1^er, and § 2, paragraph 2, of the same Code, the words "first instance court" are replaced by the words "family court". ".
Art. 65. Section 146 of the Act, which amends section 633s of the Judicial Code, is replaced by the following:
"Art. 146. In article 633s of the same Code, the words "first instance court" are replaced by the words "family court". "
Art. 66. In section 151 of the Act, which amends section 731 of the Judicial Code, the following amendments are made:
1° in article 731, paragraph 4, of the Judicial Code, inserted by this article, the words "they" are replaced by the words "the parties";
2° Article 731, paragraph 5, of the Judicial Code, inserted in this article, is replaced by the following:
"At the request of the parties or if it considers it appropriate, the judgment orders the referral of the case to the settlement board to the amiable of the same court, by simple mention to the record of the hearing. The Clerk shall forward the record of the proceedings within three days of this decision to the Clerk of the Settlement Chamber to the amicable to which the case was dismissed. The Clerk of the Amicable Settlement Chamber summons the parties, under judicial fold, to appear, at the place, day and time of the hearing of the Amicable Settlement Chamber to which the case will be called. ";
3° in article 731, paragraph 6, of the Judicial Code, inserted in this article, the words "on the basis of articles 661 and following" are replaced by the words "on the same formalities as those provided for in the preceding paragraph";
4° in article 731, paragraph 10, of the Judiciary Code, inserted by this article, the words "judge-conciliator" are replaced by the words "judge de la chambre de règlement à l'amiable".
Art. 67. Section 153 of the Act, which amends section 764 of the Judicial Code, is repealed.
Art. 68. In section 154 of the Act, which replaces section 765 of the Judicial Code, the words "chief" are replaced by the word "greffier".
Art. 69. In section 155 of the Act, which replaces section 872 of the Judicial Code, the following amendments are made:
1° in article 872, paragraph 1^er, from the Judicial Code, the words "chapter Xbis, the judge" are replaced by the words "chapter Xbis, book IV of the fourth part, the family court";
2° in the Dutch text of article 872, paragraph 1^er, from the Judicial Code, the word "hij" is replaced by the word "zij".
Art. 70. In section 158 of the Act, which inserts section 1004/1 into the Judicial Code, the following amendments are made:
1° in the opening sentence, the words "Article 155" are replaced by the words "Article 157";
2° Article 1004/1, § 1^er, the Judicial Code is replaced by the following:
§ 1^er. A minor has the right to be heard by a judge in matters relating to the exercise of parental authority, accommodation and the right to personal relations. He has the right to refuse to be heard."
3° in article 1004/1, § 3, of the Judicial Code, the words ", if any to the address of each parent," are repealed;
4° in article 1004/1, § 5, paragraph 2, of the Judicial Code, the words "It is read to him" are replaced by the words "The judge informs the minor of the contents of the report and checks whether the report correctly expresses the views of the minor."
Art. 71. Section 159 of the Act, which inserts section 1004/2 in the Judicial Code, is supplemented by the words ", to the address where the child resides if he is placed or to the child's home if he is not domiciled in one of his parents".
Art. 72. In section 160 of the Act, which amends section 1016bis of the Judicial Code, the following amendments are made:
(a) the 2° is replaced by the following:
"2° in paragraph 4, the words "court president" are replaced by the words "family court";
(b) the 4th is replaced by the following:
"4° in paragraph 7, the word "president" is replaced by the word "tribunal". ".
Art. 73. Section 165 of the Act, amending section 1195, paragraph 2, of the Judicial Code, is replaced by the following:
"Art. 165. In section 1195 of the same Code, the following amendments are made:
1° in the Dutch text of paragraph 2, the word "hij" is replaced by the word "zij";
2° in paragraph 2, the words "President of the Court of First Instance" are replaced by the words "family court". "
Art. 74. Section 169 of the Act, which amends section 1204bis of the Judicial Code, is replaced by the following:
"Art. 169. Section 1204bis of the same Code, inserted by the Act of 9 April 2001 and amended by the Act of 17 March 2013, is replaced by the following:
"Art. 1204bis. When the alienation of furniture belonging in whole or in part to under guardianship minors is necessary, to protected persons declared incapable, under Article 492/1 of the Civil Code, of alienating furniture, to persons interned under the Law on Social Defense or when such furniture are part of a vacant succession or of a succession accepted under the benefit of inventory, persons Authorization is granted if the interest of protected persons requires it. This application is filed by a reasoned request, to which a draft sales contract is attached. Persons representing protected persons must be heard or duly called by judicial fold at least five days before the hearing. The judge may order the appearance of persons who are parties to the contract. A copy of the contract signed later must be forwarded to the judge." ".
Art. 75. Section 174 of the Act, amending section 1231-3 of the Judicial Code, is replaced by the following:
"Art. 174. In article 1231-3, paragraph 1^er, inserted by the law of April 24, 2003 and amended by the law of December 27, 2004, the words "first instance court, or if the person you wish to adopt is less than eighteen years old, before the youth court" are replaced by the words "family court". ".
Art. 76. Section 188 of the Act, which amends section 1231-48 of the Judicial Code, is repealed.
Art. 77. In section 197 of the Act, which inserts section 1253ter/3 into the Judicial Code, the following amendments are made:
1° Article 1253ter/3, § 1^erParagraph 1^er, of the Judicial Code, is replaced by the following:
"If the parties, in the causes referred to in Article 1253ter/4, § 2, paragraph 1^er, 1° to 4°, did not reach an agreement, the family court hears them on their dispute. ";
2° in Article 1253ter/3, § 1^er, paragraphs 2 and 3, and § 3 of the Judicial Code, the word "judge" is each time replaced by the word "judge";
3° Article 1253ter/3, § 2, of the Judicial Code, is replaced by the following:
"§2. By agreement of all parties, the court may issue to a specified date, which may not exceed the three-month period set out in section 1734, in order to allow the parties to examine whether agreements may be concluded or whether a mediation may offer them a solution, or to refer the matter to the settlement board to the amicable, in accordance with Article 731, paragraph 5. The case may be resumed earlier, upon written request from one of the parties. ";
4° in Article 1253ter/3, § 3, the words "paragraph 1^er"are inserted between the words "article 1253ter/4, § 2", and the words ", 1° to 4".
Art. 78. In section 198 of the Act, which inserts section 1253ter/4 in the Judicial Code, the following amendments are made:
(a) Article 1253ter/4, § 2, paragraph 1^er, 3°, of the Judicial Code, is replaced by the following:
"3° to accommodation and the right to personal relations with a minor child;"
(b) in Article 1253ter/4, § 2, paragraph 1^er, of the Judicial Code, the 5th is replaced by the following:
"5° to the rights of transboundary custody and visits subject to the application of Chapter XIIbis, Book IV, Part IV;"
(c) Article 1253ter/4, § 2, paragraph 2, of the Judicial Code, is replaced by the following:
"He is judged as a referee. ";
(d) in article 1253ter/4, § 2, paragraph 4, of the Judicial Code, the words "of the request" are inserted between the words "deposit" and the words "at the office".
Art. 79. In section 199 of the Act, which inserts section 1253ter/5 in the Judicial Code, the following amendments are made:
1° in the opening sentence of article 1253ter/5, paragraph 1^erthe word "judge" is replaced by the word "judge";
2° in article 1253ter/5, paragraph 1^er8° is repealed from the Judicial Code;
3° in article 1253ter/5, paragraphs 3 and 4, of the Judicial Code, the words "paragraph 2" are replaced by the words "paragraph 1^er";
4° the first sentence of paragraph 5 is replaced by the following:
"In the case referred to in paragraph 1^er, 6°, the judgment of the family court may be opposed to any third current or future debtors on the notification made to them by the clerk at the request of one of the parties. ".
Art. 80. In article 201 of the same law, which inserts article 1253ter/7 into the Judicial Code, the words "article 1017, paragraph 4" are replaced in article 1253ter/7, § 2, of the Judicial Code, by the words "article 780bis".
Art. 81. Section 203 of the Act is replaced by the following:
"Art. 203. In section 1253quater of the same Code, inserted by the law of 14 July 1976 and amended by the laws of 19 March 2010 and 2 June 2010, the following amendments are made:
1° the opening sentence is replaced by the following:
"Subject to the application of articles 1253ter/4 and 1253ter/7, where applications are based on articles 214, 215, 216, 221, 223, 1420, 1421, 1426, 1442, 1463 and 1469 of the Civil Code:";
2(a) and (b) are replaced by the following:
"(a) the court shall summon the parties and, where appropriate, shall return the parties to the boards of settlement to amicable, in accordance with section 731, paragraph 5;
(b) the order is notified to both spouses by the clerk; ".
Art. 82. In section 208 of the Act, which amends section 1255 of the Judicial Code, the third is replaced by the following:
"3° § 7 is replaced by the following:
"§ 7. If one of the spouses is in a state referred to in section 488/1, paragraph 1^er, of the Civil Code, he is represented as a defendant by his administrator, or, if not, by an ad hoc administrator previously appointed by the family court at the request of the applicant party.".
Art. 83. Section 209 of the Act, amending section 1256 of the Judicial Code, is replaced by the following:
"Art. 209. In section 1256 of the same Code, restored by the Act of 27 April 2007, paragraph 3 is replaced by the following:
"In the absence of an agreement or in the event of a partial agreement, the judge shall, at the request of one of the parties, refer to the first useful hearing relating to the deemed urgent cases or the causes for which the emergency is invoked within the meaning of section 1253ter/4. Section 803 is applicable.".
Art. 84. In section 213 of the Act, which replaces section 1280 of the Judicial Code, the words "in section 1253ter/5 and 1253ter/6" are replaced by the words "in sections 1253ter/4 to 1253ter/6".
Art. 85. In the same law, an article 213bis is inserted:
"Art. 213bis. Article 1288, paragraph 1^er, 2°, of the Judicial Code, inserted by the law of 1^er July 1970 and amended by the laws of 13 April 1995 and 27 April 2007, the words "in Article 374, paragraph 4," are replaced by the words "in Article 374, § 1^erParagraph 4.
Art. 86. In section 214 of the Act, which replaces section 1289 of the Judicial Code, the words "Section 755 is applicable" are repealed.
Art. 87. Section 1294bis of the same Code, inserted by the Act of 27 April 2007 and amended by the Act of 31 October 2008, is repealed.
Art. 88. In article 1304, paragraph 2, of the Judicial Code, the words "of the minutes issued pursuant to section 1292" are replaced by the words "of the filing of the request".
Art. 89. Section 228 of the Act, which amends section 1322bis of the Judicial Code, is replaced by the following:
"Art. 228. In article 1322bis of the same Code, inserted by the Act of 10 August 1998 and replaced by the Act of 10 May 2007, the words "President of the Court of First Instance" are each replaced by the words "family court". ".
Art. 90. Section 230 of the Act, which amends section 1322quinquies of the Judicial Code, is replaced by the following:
"Art. 230. In article 1322quinquies of the same Code, inserted by the Act of 10 August 1998 and amended by the Act of 10 May 2007, the words "president of the court" are replaced by the words "family court". ".
Art. 91. Section 264 of the Act, which amends section 69 of the Family Allowance Acts for Employees, coordinated on 19 December 1939, is replaced by the following:
"Art. 264. In section 69 of the Family Allowance Acts for Employees, coordinated on 19 December 1939, last amended by the Act of 17 March 2013, the following amendments are made:
1° in § 1^er, paragraph 5, the words "work channel" are replaced by the words "family court";
2° § 3 is replaced by the following:
§ 3. If the interest of the child so requires, the father, the mother, the opponent, the guardian, the guardian, the curator, the administrator or the attribute, as the case may be, may object to the payment to the person referred to in § 1^er, 2, or 2 bis, in accordance with Article 572bis, 14°, of the Judicial Code or in accordance with Article 594, 8°, of the same Code. The major child may also object to payment to the person referred to in § 1^erin accordance with Article 572bis, 14°, of the same Code, invoking its interest.".
Art. 92. Section 267 of the Act, which amends section 4 of the Act of 15 May 2012 on the temporary prohibition of residence in the event of domestic violence, is replaced by the following:
"Art. 267. Section 4 of the Act of 15 May 2012 on temporary prohibition of residence in the event of domestic violence:
1° in § 1^erParagraph 1^er, the words "peace judge of the canton in which the residence concerned is located" are replaced by the words "tribunal of the family of the borough in which the residence concerned is located, subject to article 629bis, § 1^erthe Judicial Code;
2° in § 1^erParagraph 2 and § 2, paragraph 1^er, the words "juge de paix" are each time replaced by the words "tribunal of the family". ".
Art. 93. Section 268 of the Act, which amends section 5 of the Act of 15 May 2012 on the temporary prohibition of residence in the event of domestic violence, is replaced by the following:
"Art. 268. In section 5 of the Act, the following amendments are made:
1° the words "juge de paix" are replaced each time by the words "tribunal of the family;
2° in the Dutch text of § 1^erParagraph 1^er, the word "hij" is replaced by the word "zij";
3° in the Dutch text of § 2, paragraph 2, and § 3, the word "Hij" is each time replaced by the word "Zij";
4° in § 5, the words "of justice of peace" are replaced by the words "of the family court". ".
Art. 94. In section 269 of the same law, the words "service clerk" are replaced by the word "registration".
Art. 95. In section 270 of the Act, the words "section 263" are replaced by the words "section 269".
Art. 96. Section 272 of the Act is replaced by the following:
"Art 272. Judges of the headquarters and the Public Prosecutor ' s Office who, prior to the coming into force of this Act, have obtained a patent to perform the functions of a youth judge and youth appeal judge are expected to have obtained a patent to exercise the functions of a judge in the Family and Youth Court and to have followed the training referred to in Articles 138, 143 and 151 of the Judicial Code.
Judges in the Court of First Instance and counsellors in the Court of Appeal who, at the time of the coming into force of this Act, have been in office for at least three years in a Chamber dealing with matters that fall under the Family Chambers, may be appointed to serve as a judge in the Family and Youth Court and as a judge of appeal for the family and youth without having to follow the initial training made compulsory by section 259sexies for
The magistrates of the Public Prosecutor's Office who, at the time of the coming into force of this Act, carried out duties on the basis of articles 8 and 11 former of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a qualified offence and the reparation of the damage caused by this fact or in family matters for at least three years are expected to have completed the specialized training referred to in articles 138, 143 and 151 of the Judicial Code
However, they must follow the continued training.
During the year following the coming into force of this Act, judges who do not meet the conditions listed in paragraphs 1 to 3 may also be appointed to perform their duties in or near the family chambers and in or near the youth chambers. At the end of this period, they cannot continue to perform these duties until they prove that they have met the training requirements of the Judicial Code. ".
CHAPTER 5. - Amendments to Act of 1^er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary
Art. 97. In section 4 of the law of 1^er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary, the words "of Hal or Vilvorde" are replaced by the words "of Hal and Vilvorde".
Art. 98. In section 6 of the same law, the word "jointly" is replaced by the word "simultaneously".
Art. 99. In section 8 of the Act, paragraph 1^er is supplemented by the following sentence:
" In the judicial districts of Brussels and Eupen the opinion of the police court is also required.".
Art. 100. In section 13 of the Act, which amends section 72 of the Judicial Code, a 2/1° is inserted as follows:
"2/1° in paragraph 4, the words "The preceding provisions are applicable" are replaced by the words "This article is applicable". ".
Art. 101. Section 22 of the Act, which replaces section 85, paragraph 2, of the Judicial Code, is replaced by the following:
"Art. 22. In section 85 of the same Code, the following amendments are made:
1° paragraph 2 is replaced by the following
"In cases determined by law establishing the staff of courts and tribunals, it also consists of one or more division presidents and vice-presidents and one or more judges in the commercial court. ";
2° in paragraph 3, the word "Les" is replaced by the words "In each district, the".
Art. 102. In section 25 of the Act, which amends section 88 of the Judicial Code, a 2/1° is inserted as follows:
"2/1° in § 2, paragraph 2, first sentence, the word "division," is inserted between the word "section" and the words ", the room". ".
Art. 103. In the Dutch text of Article 26 of the Act, which amends Article 88 of the Judicial Code, the words "een andere daarmee" are replaced by the words "andere daarmee".
Art. 104. In section 32 of the Act, which replaces section 100 of the Judicial Code, the following amendments are made:
1° in article 100, § 4, paragraph 2, the words "and the substitutes appointed to the prosecutor's office of the King of Louvain or to the prosecutor's office of the King of Hal-Vilvorde are appointed as a subsidiary to the prosecutor's office of the King of Brussels" are replaced by the words ", the substitutes appointed to the prosecutor's office of the King of Louvain are appointed as a subsidiary attorney to the prosecutor's office of the King of the King of Brussels and of Hal Vil
2° in Article 100, § 4, paragraphs 3 to 5, the words "of Walloon Brabant" are replaced by the words "of Nivelles";
3° in Article 100, § 4, paragraph 5 is supplemented by the following sentence: "The substitutes of the auditor of the work appointed to Leuven shall be appointed as a subsidiary by the auditor of the work of Brussels and Hal-Vilvorde and the substitutes of the auditor of the work appointed near the auditor of the work of Hal-Vilvorde shall be appointed as a subsidiary of the auditor.
Art. 105. In the same Act, an article 38/1 is inserted as follows:
"Art. 38/1. In article 132 of the same Code, the words "by the King on the advice of the first president" are replaced by the words "by the first president on the opinions". ".
Art. 106. In section 48 of the Act, which amends section 177 of the Judicial Code, the following amendments are made:
(a) 1° is repealed;
(b) in 2°, the words "who consents to it" are replaced by the words "with his consent".
Art. 107. In section 50 of the Act, which amends section 186 of the Judicial Code, the following amendments are made:
1° the words "are guaranteed. These rules are replaced by the words "restent guaranteed. The rules";
2° the words "articles 578, 579, 582, 3° to 13°" are replaced by the words "articles 578, 579, 582, 3° to 14°".
Art. 108. In the Dutch text of Article 51, 6°, of the same law, which amends Article 186bis of the Judicial Code, the words "toegevoegde vrederechters" are replaced by the words "toegevoegde rechters van de vredegerechten".
Art. 109. In section 61 of the Act, which amends section 259quinquies of the Judicial Code, the following amendments are made:
1° to (a), the words "paragraph 1^er,^" are repealed;
2° to (b), the words "paragraph 1^er,^" are repealed.
Art. 110. Article 62 of the Act, which amends Article 259sexies, § 1^erthe following amendments are made to the Judicial Code:
1° to (b), the words "in the framework of the formation of judges, referred to in article 259bis-9, § 2" are replaced by the words "by the Institute of Judicial Training";
2° in the Dutch text of c), the word "of" is replaced by the word "in";
3° insert an e) as follows:
"(e) at 5°, paragraph 4 is replaced by the following:
"The substitutes of the King's procurator specializing in sentencing are designated among the judges referred to in paragraph 1^er who have a minimum of five years of experience including three as a substitute for the King's Prosecutor, a deputy to the Attorney General or a general lawyer near the Court of Appeal and who have undergone a specialized continuing training, organized by the Judicial Training Institute."
Art. 111. In the Dutch text of article 63 of the same law, which amends article 259septies of the Judicial Code, the word "noodzakelijk" is replaced by the word "onontbeerlijk".
Art. 112. Section 65 of the Act, amending section 259decies of the Judicial Code, is replaced by the following:
"Art. 65. In article 259decies, § 2, of the same Code, inserted by the law of 22 December 1998 and last amended by the law of 19 July 2012, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The evaluation is carried out by an absolute majority of the votes by the head of the body and two magistrates appointed by the general assembly, by the body assembly or the general assembly of the justices of the peace and the judges in the police court. The evaluators must at least have received the word "good". These two magistrates are appointed from the members of the court or the public prosecutor to this jurisdiction or the general assembly of justices of the peace and judges in the police court for a period of five years renewable. If the institutional framework of the court or the public prosecutor in this jurisdiction or the general assembly of the justices of the peace and the judges in the police court has less than five members, the head of body shall conduct the evaluation. ";
2° Paragraph 3 is repealed;
Paragraph 4 is replaced by the following:
"With respect to the judicial district of Brussels, two general assemblies of justices of the peace and judges in the police court are constituted according to the language of the diploma of the justice of the peace or the judge in the police court concerned. ";
Paragraph 5 is repealed."
Art. 113. Section 83 of the Act, which repeals section 315, paragraph 3, of the Judicial Code, is replaced by the following:
"Art. 83. In section 315 of the same Code, last amended by the Act of 10 April 2003, the following amendments are made:
1° paragraph 3 is repealed;
2° in paragraph 5, which becomes paragraph 4, the words "paragraphs 2 and 4" are replaced by the words "paragraphs 2 and 3". ".
Art. 114. In the Dutch text of article 88 of the same law, which amends article 328 of the Judicial Code, the word "verlengd" is replaced by the word "hernieuwd".
Art. 115. Section 92 of the Act, which amends section 340 of the Judicial Code, is supplemented by a 4th drafted as follows:
4° in § 5, paragraph 1^er, 4°, the words "319, paragraph 2" are replaced by the words "319, paragraph 1^er, second sentence, or 319, second sentence. ".
Art. 116. In section 95 of the Act, which amends section 355 of the Judicial Code, the 4th is replaced by the following:
"4° the words "Juge de paix, justice au tribunal de police et juge de compléter" are replaced by the words "Vice-president of justices of the peace and judges in the police court, justice of the peace and judge in the police court". ".
Art. 117. In section 97 of the Act, which amends section 360 of the Judicial Code, the 1st is replaced by the following:
"1° in paragraph 1^er, the words "of justices of the peace, judges of the police court, justices of the peace of complement and judges of complement to the police court" are replaced by "the vice-presidents of justices of the peace and judges of the police court, justices of the peace and judges of the police court". ".
Art. 118. Section 98 of the Act, which amends the table in section 360bis of the Judicial Code, is replaced by the following provision:
"Art. 98. In the table in section 360bis of the same Code, inserted by the Act of 20 July 1991 and replaced by the Act of 27 December 2002, the following amendments are made:
1° the words "President of the Court of First Instance, the Labour Court and the Court of Commerce whose jurisdiction has at least 250,000 inhabitants," are replaced each time by the words "President of the Court of First Instance, the Labour Court, the Commercial Court and President of Justices of Peace and Judges in the Police Court whose jurisdiction has at least 250,000 inhabitants";
2° the words "President of the Court of First Instance, the Labour Court and the Commercial Court, whose jurisdiction counts less than 250,000 inhabitants, the King's Attorney and Labour Auditor close to these courts" are each replaced by the words "President of the Court of First Instance, the Labour Court, the Commercial Court and President of Justices of Peace and Judges in the Police Court, whose jurisdiction is less than 250,000 inhabitants, the King's Prosecutor and the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Court of the Courts.
3° the words "Additional judge to these courts," and the words "substitute of the King's Prosecutor of Supplement and substitute for the Auditor of Complementary Work" are repealed each time and the words "Peace Judge, Justice of the Peace of Supplement, Judge of the Police Court and Judge of Supplement to the Police Court" are replaced by the words "Peace Judges' Vice-President and Judges in the Police Court, Justice and Justice of Peace". ".
Art. 119. Article 125 of the Act, which amends Article 5, § 1^er, of the law of 25 ventôse an XI containing organization of the notariat, is replaced by the following:
"Art. 125. In Article 5, § 1^er, of the law of 25 ventôse an XI containing organisation of the notariat, modified by the law of 4 May 1999, the sentence "However, those who have their residence in the judicial district of Verviers or in that of Eupen exercise their functions in the scope of these two districts." is replaced by the sentence "However, those who have their residence in the cantons of Limbourg-Aubel
Art. 120. The title of Chapter 12 is replaced by the following: "Chapter 12: Lawyers".
Art. 121. Sections 130 to 134 of the Act are repealed.
Art. 122. In the Dutch text of article 139, the words "eengemaakte rechtbank één algemene rol houdt" are replaced by the words "de rechtbank één eengemaakte algemene rol houdt".
Art. 123. In the same Act, an article 142/1 is inserted as follows:
"Art. 142/1. Where, before this Act comes into force, a decision of the Court of Cassation has, on the basis of Article 1110, paragraph 1^er, from the Judicial Code, referred the case to the court of a district which is a part of an extended district, in accordance with this Act, the case is brought before the division which constituted the initial district.
This division is aware of the cause notwithstanding the provisions of the Rules for the Distribution of Cases referred to in section 186 of the Judicial Code, as amended by section 50 of this Act.".
Art. 124. In the same Act, an article 143/2 is inserted, as follows:
"Art. 143/2. In the expectation of the regulations containing the order of service of the Court of Cassation referred to in section 132 of the Judicial Code, as amended by section 38/1, the regulations applicable on the eve of the date of entry into force of this Act continue to apply to the court until the adoption of an order containing the order of service by the first president of the Court of Cassation and no later than three months after the first office.
Upon the adoption of the order, the first president of the Court of Cassation shall inform the Minister of Justice. ".
Art. 125. In the same Act, section 145 is replaced by the following:
"Art. 145. Article 186, § 2, paragraph 1^er, of the Judicial Code, as amended by section 50 of this Act, applies to the filing of documents for the seizure and processing of cases which are assigned, in accordance with section 186, § 1^er, paragraph 7, of the Judicial Code, to a division under the rules of division of cases. For other cases Article 186, § 2, paragraph 1^er, the Judicial Code will only apply to the filing of documents from the time an e-greffe system is established in the courts, but it will apply in any event no later than 1^er September 2015. ".
Art. 126. In section 147 of the Act, as amended by the Act of 21 March 2014, is inserted between paragraph 3 and 4 a paragraph that reads as follows:
"The magistrates appointed to the prosecutor's office of the King at the court of first instance of Eupen are appointed as a subsidiary to the prosecutor's office of the labour auditor at the Eupen Labour Court. The magistrates appointed to the prosecutor's office of the labour auditor near the labour courts of Eupen-Verviers who meet the requirement of knowledge of the German language are appointed to the auditorate of the work near the Eupen Labour Court, and as a subsidiary, to the prosecutor's office of the King near the court of first instance of Eupen.".
Art. 127. In the same Act, an article 148/1 is inserted, which reads as follows:
"Art. 148/1. By derogation from Article 259quater, § 5, of the Judicial Code, when the president of the justices of the peace and judges in the police court is a justice of the peace and the canton in which he is appointed has another justice of the peace, he is replaced in his original justice of the peace. ".
Art. 128. In the same Act, an article 155/1 is inserted as follows:
"Art. 155/1. Internship teachers who, on the day of the coming into force of the law, are responsible for the training of a judicial trainee on the basis of section 259octies of the Judicial Code retain this jurisdiction until the end of the internship. ".
Art. 129. In section 161 of the Act the number "513" is replaced by the number "516".
CHAPTER 6. - Amendment of the Act of 21 January 2013 amending the Electoral Code and the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, following the introduction of a new protection status in accordance with human dignity
Art. 130. Section 5 of the Act of 21 January 2013 amending the Electoral Code and the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, following the introduction of a new protection status in accordance with human dignity, is replaced by the following:
"Art. 5. This Act comes into force on 1^er September 2014. ".
CHAPTER 7. - Amendment of the Act of 25 April 2007 organizing the relations between the public authorities and the trade union organizations of the Registrars of the Judicial Order, the referendums near the Court of Cassation, and the referendums and prosecutors close to the courts and tribunals
Art. 131. Article 8, § 2, of the Act of 25 April 2007 organizing the relations between the public authorities and the trade union organizations of the clerks of the Judicial Order, the referendums near the Court of Cassation, and the referendums and prosecutors near the courts and tribunals is replaced by the following:
"§2. The King may establish basic consultation committees and intermediary consultation committees, which determines the competence and composition of the delegation of authority. The proposals for the establishment or deletion of basic consultation committees and intermediary committees of consultation, the determination of their jurisdiction and the composition of the delegation of authority, are the subject of a dialogue within the consultation committee."
CHAPTER 8. - Amendments to the Act of 20 July 2006 establishing the Modernization Commission of the Judicial Order and the General Council of Partners of the Judicial Order
Art. 132. The title of the Act of 20 July 2006 establishing the Judicial Order Modernization Commission and the General Council of Partners of the Judicial Order is replaced by the following:
"Act of 20 July 2006 establishing the General Council of Partners of the Judicial Order".
Art. 133. Sections 2 to 9 of the Act are repealed.
Art. 134. Section 10 of the Act is replaced by the following:
"Art. 10. § 1^er. A General Council of Partners of the Judiciary is established, referred to as the General Council, to propose to the College of Courts and Courts, the College of Public Prosecutions and the Minister of Justice any initiative to implement the reforms of the Judicial Order.
It can create working groups within it to which it assigns specific tasks.
The Federal Public Service Justice, the College of Courts and Courts and the College of the Public Prosecutor's Office make available to the General Council all information necessary to carry out its duties.
§ 2. This board is composed of:
1° of two members appointed by the Court of Cassation, the first member of the seat, appointed by the first president, the second member of the Prosecutor ' s Office, appointed by the Attorney General;
2° of four members appointed by the College of Courts and Courts, including two members of the judiciary;
3° of four members designated by the College of Public Prosecutions, including two members of the judiciary;
4° of the President of the Federal Public Service Justice and the Director General of the General Directorate of the Judicial Organization or their representatives;
5° of a member designated by the Orde van Vlaamse balies;
6° of a member designated by the Order of Francophone and German-speaking Bars;
7° of two members designated by the National Chamber of the Judicial Officers;
8° of two members appointed by the National Chamber of Notaries;
9° of two persons with in-depth experience in the exercise of the competencies of the General Council of Judicial Partners, designated by the Minister of Justice;
10° of a representative of the Judicial Training Institute;
11° of a representative of the Federal Authority Training Institute;
12° of a representative of the Federal Administration Selection Office;
13° of two members of the Judicial Advisory Council, one appointed by the Dutch-speaking College, the other by the French-speaking College;
14° of a representative by trade union organization representative of each linguistic role;
15° of two members of the Superior Council of Justice, appointed by the General Assembly.
§ 3. The General Council selects a President and a Vice-President, one Francophone, the other Dutch-speaking, for a three-year renewable term.
§ 4. The General Council establishes its rules of procedure.".
Art. 135. Section 12 of the Act is replaced by the following:
"Art. 12. The General Council shall have a secretary serving on a part-time basis and appointed by the Minister of Justice as a member of the judicial staff or staff of the Federal Justice Public Service.
The Secretary prepares the preparatory notes, provides the necessary documentary support, prepares the minutes and ensures that they are transmitted to the members of the General Council, the College of Courts and Courts and the College of Public Prosecutions.
The Federal Public Service Justice shall make available to the General Council and its Secretary the necessary material resources to carry out their duties. ".
Art. 136. In the same law, an article 13 is inserted as follows:
"Art. 13. Members of the General Council shall be entitled to allowances for residence and travel in accordance with the provisions applicable to staff of the Federal Public Services. ".
Art. 137. In the same Act, an article 14 is inserted as follows:
"Art. 14. Members of the Commission receive a mission from the support service of the College of Courts and Tribunals or the College of Public Prosecutions, provided they do not accept another function. ".
CHAPTER 9. - Amendments to the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings
Art. 138. In sections 5 and 10 to 13 of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings, the words "after notice of the Management Committee and the Supervisory Committee, referred respectively to in sections 15 and 22 of the Act of 10 August 2005 establishing the Phenix Information System" are each replaced by the words "after the opinion of the Commission on the Protection of Private Life".
Art. 139. In article 12, paragraph 1^erin the same law, the words "in collaboration with the management committee and" are repealed.
Art. 140. Section 14 of the Act is repealed.
CHAPTER 10. - Amendments to the Act of 25 April 2014 on various provisions in the area of justice
Art. 141. In Title 12 of the Act of April 25, 2014 on various provisions in the area of Justice, Chapter 26, including section 180, is repealed.
Art. 142. Section 221 of the Act is replaced by the following:
"Art. 221. This chapter comes into force on 1^er September 2014. ".
CHAPTER 11. - Entry into force
Art. 143. This article and articles 1^er130 and 140 to 142 come into force on the day of the publication of this Act to the Belgian Monitor.
Articles 2, 4 to 9, 10, 2° to 8°, 12 to 16, 22, and 97 to 129 produce their effects on 1^er April 2014.
Articles 11, 28, 31, 34, 35, 37, 38 and 40 to 96 come into force on 1^er September 2014.
Articles 19, 23, 24, 26, a), as it inserts 19° to 21° in article 555/1, paragraph 1^er, the Judicial Code, and (b) shall be effective on the date of the coming into force of the Act of 25 April 2014 on various provisions concerning justice.
Article 26, (a), as it inserts a 22° in Article 555/1, paragraph 1^erthe Judicial Code and (c) come into force on 1^er January 2015. The King may fix an effective date prior to that date.
Sections 20, 21, 25 and 27 are effective on the day on which the Act of 7 January 2014 amends the statute of judicial officers comes into force.
Articles 3 and 132 to 137 come into force on 1^er July 2014.
Sections 29, 30, 32, 33, 36 and 39 produce their effects on the day that sections 4.5 and 18 of the Act of 15 July 2013 amending the provisions of the Judicial Code relating to discipline come into force.
The King sets the effective date of articles 10, 1 and 131.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 May 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
House of Representatives (www.lachambre.be):
Documents. 53-3356/ (2013/2014).
Full report: 3 April 2014.
Senate (www.senate.be):
Documents. 5 - 2847/ (2013-2014).
Annales du Senate: April 24, 2014.