Proposition 52K0270

Projet de loi modifiant le Code judiciaire en ce qui concerne la désignation de magistrats admis à la retraite en tant que magistrats suppléants.

General information ¶

Authors

MR Bernard Clerfayt, Olivier Maingain, Marie-Christine Marghem

Submission date

Oct. 25, 2007

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

judicial power

Voting ¶

Voted to adopt

CD&V LE PS | SP Open Vld LDD MR FN VB

Voted to reject

Groen Vooruit Ecolo

Party dissidents ¶

• Luc Sevenhans (VB) voted to reject.
• Bert Schoofs (VB) voted to adopt.
• Luc Sevenhans (VB) voted to reject.

Contact form ¶

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Discussion ¶

Feb. 4, 2010 | Plenary session (Chamber of representatives)

Full source

I am referring to my written report.

Mr. Speaker, we were a little surprised in the committee that such a bill appears suddenly. It has been approved and I wondered if this is now the top priority within all the justice problems we have.

What is it about? In fact, this bill aims to raise the age of the magistrates. Where magistrates can now exceptionally work until their 70s, voluntarily, they can now do so until their 73s. With all respect for people with a certain age, but I think they really deserved their retirement when they are 67 and can normally retire and ⁇ when they continue three years to their 70s. Therefore, I do not see the usefulness of raising that age to 73, especially because, on the other hand, the influx of magistrates is complicated. The Circular No. 154 it will be much more difficult for young magistrates to intervene. If a judge is retired and needs to be replaced, the procedure will now be extended. It is an austerity measure by Minister De Clerck who is not here to defend the measure itself.

On the one hand, it will allow older magistrates to work longer and on the other hand it will make it harder for young magistrates to enter, young magistrates who, according to more recent legislation, have undergone a heavy training of three years. After three years of training and internship, they are waiting for a appointment. Usually this does not happen quickly and they have to wait another six months. This is a delay of half a year. This stage can then be extended to four years. Those people cannot come back. They must choose. They can only become magistrates or they must take other career options.

I find it very unfortunate that, on the one hand, we make this possibility difficult for young magistrates and, on the other hand, let older magistrates work longer. I think this is not a structural solution to the problem facing Justice. We discussed the additional rooms last week. We criticized that it is not good for lawyers to staff these additional rooms because that gives a problem of interference.

It would be much better for a professional judge to be able to effectively retire at 67. Maybe they can be enabled in those additional rooms, not full-time but for example one session per week or two sessions per month as this now happens with those additional rooms. They can be very useful there and they can function much better than lawyers because they are independent and those lawyers are not. It would be much better if we did not approve this measure. We must ensure that young, well-trained magistrates can enter immediately when there are retirement and that retired magistrates, when they still want to, can be engaged in the supplementary chambers instead of the lawyers. I think this would be a much better arrangement to solve the problem of sometimes a shortage of magistrates.

Therefore, we will not support this bill.

Mr. Speaker, I assume that those who have submitted and approved the bill do not do so to make someone a personal pleasure. I assume that they do so because of the belief that resting magistrates are the most equipped people.

April 29, 2010 | Plenary session (Chamber of representatives)

Full source

I refer to this in my written report.