Projet de loi relatif à l'agrément de certaines associations sans but lucratif d'accompagnement des victimes d'actes intentionnels de violence.
General information ¶
- Submitted by
-
The Senate
- Submission date
- March 22, 2000
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- violence non-profit organisation victim criminal law
Voting ¶
- Voted to adopt
- CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB
Contact form ¶
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Discussion ¶
Feb. 19, 2004 | Plenary session (Chamber of representatives)
Full source
Rapporteur Melchior Wathelet ⚙
The present draft law was voted in the Senate during the previous legislature and was lifted from expiration. It is truly part of the movement created by the tragic events that have occurred in our country over the last decades. It truly reflects the desire to address the crisis of citizen confidence in justice and to encourage the active and voluntary participation of the citizen in the process of creating a new link between the victim and justice.
The bill allows ASBLs for accompanying victims of intentional acts of violence to be approved by the Ministry of Justice, insofar as they fulfill four missions: 1. To disseminate to victims information on procedures and their means of defence.
2 of 2. To accompany these victims in their actions to assert their rights, except before judicial instances which remain reserved for persons mandated for this purpose.
3 of 3. Collaborate, either on their own initiative or at their request, with public bodies of assistance or reception to victims.
4 of 4. Conduct public actions to facilitate the understanding of our judicial institutions and our police services.
It will be up to the King to determine the conditions of approval, in particular as regards the moral and professional qualities of the members of the board of directors and of the management staff of the association. It will also set out the modalities of funding and the resources to be granted to these bodies. The approval creates a right to the allocation of public subsidies, the conditions of which must also be determined by the King.
Amendment No. 2 was adopted in the committee. It will ultimately be, in both cases, a royal decree deliberated in Council of Ministers, in a collegial manner. The approval, as well as the right to subsidies, may be withdrawn by the Minister of Justice, if the association fails to fulfil one of its legal obligations.
The bill also requires approved associations to submit an annual activity report to the Minister, who will have to gather this data into a single report for the Supreme Council of Justice and the Senate.
Currently, there is no budget for the subsidy of these ASBLs. This budget will be determined when the criteria for obtaining the approval and the amounts of subsidies will be fixed by the King and the number of ASBLs eligible to benefit from it will be estimated.
Amendment No. 3 was voted: The King shall determine, by royal decree deliberated in the Council of Ministers, the date of entry into force of the law. This will depend on the budgetary resources that will be released for the implementation of all provisions.
The committee discussions remained relatively short and focused mainly on the following points:
1 of 1. The distinction that should be ⁇ ined between the legal aid in the strict sense provided by the houses of justice and the accompaniment that will be provided by these approved ASBLs. Indeed, the objective of these ASBLs is to promote the establishment of a network of well-informed citizens, framed by competent personnel.
2 of 2. The criteria for the approval and subsidy of ASBLs will therefore be different from those provided by the Royal Decree for legal aid bodies, and their mission will therefore be quite different. The relations of the ASBL with the houses of justice were the subject of a second part of discussions in committees. Amendment No. 1 of Mr. Malmendier was adopted in the committee. It aims to clarify that these ASBLs work in collaboration with the services of the SPF Justice House of Justice.
3 of 3. The absence of infringement on the competence of the Communities in the area of assistance to victims. This principle has been confirmed. Indeed, the Council of State specified in its opinion that the draft belonged well to the federal competence, since it only covered the organization of legal aid and not the social aid which belongs well to the Communities, which was confirmed by the Minister of Justice in his intervention.
The amended bill was adopted unanimously.