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Rules

Individual nature of the position of judicial officer and a few rules in connection with discipline

The judicial officer is a ministerial officer because he is appointed to a position that forms part of the “JUSTICE” public service. This means that he must independently perform the exclusive duties that are assigned to him by the authorities.

He is also a public official because, in the interest of the smooth running of justice, he verifies that the necessary formalities are performed by means of officially certified documents (deeds or other instruments).
 

To explain further:

  • before taking office, the judicial officer takes an oath. In that oath, he undertakes to comply with the regulations relating to his office and to perform his duties conscientiously and honestly.
  • unless it is statutorily prohibited or not allowed for reasons of incompatibility, a judicial officer must perform his duties every time he is asked to do so, for anyone who so requests.
  • he is however entitled to first be paid a fee before being obliged to carry out the requested instruction. He is also entitled to retain the documents of the case file until his fees and disbursements are paid.
  • judicial officers have a duty of discretion, which means they may not disclose anything they become privy to in a professional capacity. This applies to both the judicial officer himself and the employees of his firm.
  • when performing a legal instruction, he is obliged to apply the tariff laid down by law. He may not deviate from this tariff under any circumstances.
  • he has a duty to provide information, advise and communicate with the party involved, the client, the third parties involved and the competent authorities, which is, in reality, a general duty.
  • as an auxiliary organ of the Court, he has specific privileges: he may, for instance, call in the assistance of the police and a locksmith to enter unoccupied premises. If necessary, he is entitled during an attachment to perform a house search and have everything that is locked opened for inspection.


 
Two specific characteristics that form part of his position can be summarised as follows:

  • his role as an official source of information, who guarantees that the rights and interests of the parties involved are protected,
  • his role as representative of the authority originating from a court ruling – in the course of which he must do his utmost, on the one hand, to ensure the ruling is actually enforced, but on the other hand must take social reality into account.



It should be clear that the judicial officer is completely independent of:

  • the dispute between the parties,
  • the content of the judgment resulting from a dispute between parties,
  • the apparent solvency of the party involved.



The Judicial Officer who enforces a court judgment is only complying with the duties imposed on him by law and for which he was officially appointed.

The fact that there are procedural rules and actions provided for by law to obtain justice obviously does not prevent a disciplinary complaint being lodged, at least when there are valid grounds for doing so. However, such a complaint can only relate to a judicial officer's conduct.


The Judicial District Chambers and Disciplinary Rules

Each of the 26 judicial districts in Belgium has a Judicial District Chamber of judicial officers. All judicial officers of that judicial district belong to the Chamber.

The Judicial District Chamber is managed by a Council.
The Council is made up of a Chairman (the Legal Adviser), a Reporter, a Treasurer, a Secretary, one or more members and a Deputy Reporter.


The duties of the Council of the Judicial District Chamber include:

  • ensuring that discipline is upheld among the Judicial Officers of the judicial district and that the laws and regulations which apply to them are enforced;
  • applying disciplinary sanctions that fall under the scope of its authority;
  • avoiding or settling all disputes that may arise among Judicial Officers in relation to their rights, duties and obligations.


All Judicial Officers are subject to the disciplinary rules.
Any party who has a complaint against a Judicial Officer based on irregular and unacceptable behaviour or the failure to comply with statutory provisions in the performance of his duties, may approach the Chairman (Legal Adviser) or the Reporter of the Council of the Judicial District Chamber of which the judicial officer is a member.

However, a complaint can only be handled if it has been formulated in writing, by the party who is personally involved, signed by that person personally, and is addressed together with any document(s) which substantiate the complaint to:

“The Legal Adviser/Chairperson
of the Council of the Judicial District Chamber
street, no. …
Postal code - Municipality"

or

"The Reporter
of the Council of the Judicial District Chamber
street, no. …
Postal code - Municipality"



Click here  if you wish to know to which judicial district the Judicial Officer concerned belongs.
 
Click below to find out the name and address of the Legal Adviser/Chairman or the Reporter of the judicial district.

    ANTWERPEN
    ARLON
    BRUGGE
    BRUSSEL/BRUXELLES
    CHARLEROI
    DENDERMONDE
    DINANT
    GENT
    HASSELT
    HUY
    IEPER
    KORTRIJK
    LEUVEN
    LIEGE
    MARCHE-EN-FAMENNE
    MECHELEN
    MONS
    NAMUR
    NEUFCHATEAU
    NIVELLES
    OUDENAARDE
    TONGEREN
    TOURNAI
    TURNHOUT
    VERVIERS - EUPEN
    VEURNE

 

It is the specific duty of the Chairman to resolve every incident as best possible and in the public interest and to undertake all necessary steps for that purpose.

It is the duty of the Reporter or Deputy Reporter to investigate the case file and to gather all necessary information for that purpose so that the file can be analysed with the greatest impartiality.

Once the Chairman and the Reporter have completed their duties, and if the filed charges fall under the jurisdiction of the Council, the Council may investigate the issue and, where appropriate, order a disciplinary sanction.



NB :
The National Chamber of Judicial Officers - and its Management Committee – is NOT a disciplinary organ and it is NOT statutorily possible for them to intervene in connection with a disciplinary procedure against a Judicial Officer.

 
The National Chamber - and its Management Committee - likewise do not have jurisdiction to resolve a dispute. Neither of them are statutorily authorised to hold consultations and/or give legal advice.