Projet de loi modifiant le Code judiciaire et la loi du 17 mars 2013 réformant les régimes d'incapacité et instaurant un nouveau statut de protection conforme à la dignité humaine.
General information ¶
- Authors
- MR Denis Ducarme, Gilles Foret, Philippe Goffin, Vincent Scourneau
- Submission date
- June 24, 2015
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- civil law civil procedure medical examination legal capacity guardianship
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR PVDA | PTB PP VB
Contact form ¶
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Discussion ¶
July 22, 2015 | Plenary session (Chamber of representatives)
Full source
Rapporteur Carina Van Cauter ⚙
Ladies and gentlemen, I would like to give you a brief report.
Mr Vincent Scourneau has submitted a bill to address two obstacles he identified together with a number of actors in the field following the entry into force of the Act of 17 March 2013 on the reform of the incapacity schemes, which entered into force on 1 July 2014.
At the moment, some practical concerns have arisen in the field. Two of them were resolved with the present bill.
A first concern relates to the fact that not all doctors are sufficiently familiar with the new obligations of the Judicial Code relating to petitions and the detailed medical declarations to be attached to the introductory petition. In particular, it concerns the provision in the third paragraph of Article 1241, paragraph 5°, in particular the introduced obligation to refer, in the relevant medical statement attached to the petition and which should describe the health status of the person to be protected, to the effects of the health status on functioning according to an international classification adopted by the World Health Assembly of 22 May 2015.
In order to cope with this and to ensure that the necessary protection when someone is in a state of incompetence does not suffer further delay, it is proposed to give doctors sufficient time to familiarize themselves with those provisions. It is therefore proposed to postpone the entry into force of the obligation contained in Article 1241, third paragraph, 5° of the Judicial Code, by two years, until 1 September 2017.
A second problem concerns the transitional provisions of the Act of 17 March 2013, in particular Article 228, which, with regard to the provisional administrative duties granted before the entry into force of the Act of 1 September 2014, stipulated that they would have to comply with the new provisions from 1 September 2016, which is a relatively short period. Therefore, it is proposed to extend the period stipulated by law to five years.
There were several presentations of Mr. Massin, Mrs. Uyttersprot, Mrs. Gerkens, Mr. Brotcorne, Mrs. Becq and of myself.
Five amendments were submitted which had only a legal-technical aspect. All amendments were unanimously approved, as well as the amended bill.