Proposition 50K2107

Projet de loi modifiant certaines dispositions de la deuxième partie du Code judiciaire.

General information ¶

Submitted by

Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ

Submission date

Oct. 29, 2002

Official page

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Status

Adopted

Requirement

Simple

Subjects

judicial power

Voting ¶

Voted to adopt

Groen Ecolo LE PS | SP Open Vld MR

Abstained from voting

CD&V FN VB

Contact form ¶

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Discussion ¶

March 13, 2003 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, this bill, also referred to as the Reparation Act, introduces a number of improvements to the provisions of the Judicial Code, which were incorporated by the Act of 22 December 1998 concerning the High Council of Justice and the appointments and appointments of magistrates. This law has been fully operational since 2 August 2000, but in the meantime it became clear on the ground that a number of matters still deserved an adaptation. These adjustments aim to solve some of the practical problems that arise. These include improvements in the course of the appointment procedure, which is more streamlined by using standard forms for opinions and internship reports. From now on, a standard form will also be used for operations reports. Their

The committee paid much attention to the right of hearing of the candidates for a nomination. In practice, this right is being used more and more. Therefore, the Supreme Council was in favor of making a noise recording of such interviews. However, the committee was not in favour of this method and decided that the preparation of a process-verbal of this interview with the candidates provides greater legal certainty. Their

Another focus was on the appointment of corps commanders and the early replacement of corps commanders in particular. There is a problem with the replacement of the chief of the corps in Brussels. For example, if in Brussels one of the chiefs of the corps unexpectedly dies at the beginning of a term of office or resigns his mandate, this means that the deputy would have to serve his mandate. It is possible that his substitute, who must be of the same language role, will serve the full and most of the mandate. However, this scheme has a number of side effects. The substitute shall de facto exercise the function of chief of the corps, without however being the titular of the mandate. Also, he must comply with the policy plan that was drawn up by the former corps commander. However, it is possible that the person concerned cannot find himself in it. The government has proposed a solution specifically on two points. If such a situation occurs, it will be checked how long the mandate still runs. If this is longer than two years, then a new Corps Chief is appointed, which is therefore not bound by the policy plan of its predecessor. However, the language balance must be respected and only candidates of the same language role as the former chief of the corps are eligible for appointment. If the mandate of Corps Chief is removed less than two years from the end, his place shall be taken by his deputy, as is already the case now. The new arrangement has the advantage that the new Corps Chief / Successor appointed for a longer period will also be the titular of this position. The only disadvantage is that in this hypothesis only the candidates of the same language role of the Corps Chief are eligible to terminate the predecessor’s mandate.

The committee also paid attention to the situation of judicial trainees. They were therefore invited to come to the committee to explain their position, this following a government amendment that was submitted. The purpose of the amendment was to organize the internship in a different way and to adjust the conditions for admission to the internship. Despite the fact that the amendment also made the financial status of the trainees more attractive, most court trainees opposed the amendment because they believed that the course of the internship, with the amendments proposed by the Minister, was not yet optimal. They also opposed the general extension of the internship to three years and the requirement of a prior professional experience of three years. The trainees also expressed their concerns about the fact that they had no assurance of appointment at the end of the internship. The Government has therefore decided to withdraw the amendment.

The committee, on the other hand, accepted an amendment aimed at equalising a part of the interruption of the internship due to maternity leave with the internship period. Their

The draft law also ends the distinction made between referents depending on whether they work at ordinary courts, or at the Court of Cassation or the Arbitration Court. Currently, the referents of the Arbitration Court are exempt from the examination that gives access to the magistracy. This exception will be abolished in the bill.

Finally, the bill includes a number of punctual adjustments, including with regard to the time of payment of the bet It regulates the replacement of magistrates dispatched to the Federal Prosecutor’s Office and the manner of evaluation of the magistrates assigned with an assignment. Their

Until then, a very summary overview of the discussions in the committee, where I obviously do not have the ambition to be complete. I would like to thank the services for preparing the report.