sou · GVB369 · 2008-01-01 00:00:00 — (1)There is a Court of Cassation for the whole of . (2)This court lacks competency regarding matters of substance save for the judgment of ministers and of members of Regional and Community Governments. Article 148 [Publicity] (1)Court hearings are open, unless public access should jeopardize morals or order. In this case, the court so declares by ruling. (2)Regarding political wrongdoings or those of the press, pro- ceedings behind closed doors may be undertaken only on the basis of a unanimous vote. Article 149 [Reasoned Judgments] All judgments are well-founded. They are pronounced in open court. Article 150 [Juries] The jury is established for all criminal matters, in addition to issues of political and press wrongdoings. Article 151 [Nomination of Judges] 1)Court magistrates and court judges are directly named by the King. 2)Appeal judges and the presidents and vice-presidents of the of to which they are attached are named by the King on two double lists. One is presented by the courts, the other by provincial Councils and by the , as the case may be. 3)Judges of the Court of Cassation are named by the King on two double lists. One is presented by the Court of Cassation, the other, alternately, by the House of Representatives and by the Senate. In both cases, candidates of one list may be placed on the other. 4)All presentations are made public, at least fifteen days prior to nomination. 5)Courts choose within themselves their presidents and vice-presi- dents. Article 152 [Status of Judges] 1)Judges are appointed for life. They retire at an age determined by law and benefit from the pension foreseen by law. 2)No judge can be deprived of his post nor suspended except by court decision. 3)The transfer of a judge can only take place with his consent and after a replacement has been appointed. Article 153 [] The King appoints and dismisses officers of the public ministries working within courts and tribunals. Article 154 [Remuneration] Remuneration of members of the judiciary order is established by law. Article 155 [Incompatibility, Courts of Appeal] No judge may accept a salaried role on behalf of a Government, unless this role is exercised free of charge and without the existence of incompatibility determined by law. Article 156 [Courts of Appeal] There are five Courts of Appeal in : 1)that of , with jurisdiction over the provinces of Walloon , of Flemish , and of the bilingual Region of Brussels-Capital; 2)that of Ghent, with jurisdiction over the provinces of West and of East ; 3)that of Antwerp, with jurisdiction over the provinces of Antwerp and ; 4)that of , with jurisdiction over the provinces of , of , and of ; and 5)that of , with jurisdiction over the province of . Article 157 [Military, Commercial, and Vocational Courts] 1)Specific laws cover the organization of military courts, their attributions, the rights and the obligations of the members of these courts, in addition to the duration of their assignments. 2)There are commercial courts, in locations determined by law. Their organization, attributions, and member nomination methods, in addition to the duration of assignment of their members, are described in the law. 3)The law also covers the organization of work jurisdictions, their attributions, the in which their members are nominated, and the duration of their assignments. Article 158 [Attribution Conflicts] The Court of Cassation makes decisions in attribution conflicts in the provided for by law. Article 159 [Rule of ] Courts and tribunals may apply decisions and general, provincial, or local rulings only inasmuch as these are in conformity with the law. 82.In , court cases shall be heard by district (city) courts, regional courts and the Supreme Court, but in the event of war or a state of emergency, also by military courts. [as amended on 15 October 1998] 83.Judges shall be independent and subject only to the law. 84.Judicial appointments shall be confirmed by the Saeima and they shall be irrevocable. The Saeima may remove judges from office against their will only in the cases provided for by law, based upon a decision of or a judgment of the Court in a criminal case. The age of retirement from office for judges may be determined by law. [as amended on ] 85.In , there shall be a Constitutional Court, which, within its jurisdiction as provided for by law, shall review cases concerning the compliance of laws with the Constitution, as well as other matters regarding which jurisdiction is conferred upon it by law. The Constitutional Court shall have the right to declare laws or other enactments or parts thereof invalid. The appointment of judges to the Constitutional Court shall be confirmed by the Saeima for the term provided for by law, by secret ballot with a majority of the votes of not less than fifty-one members of the Saeima. [as amended on 5 1996] 86.Decisions in court proceedings may be made only by bodies upon whom jurisdiction regarding such has been conferred by law, and only in accordance with procedures provided for by law. Mili- tary courts shall act on the basis of a specific law. f) The Judiciary (Independence of Judges) Judges shall be independent in the performance of the judicial function. They shall be bound by the Constitution and laws. (Organisation and Jurisdiction of Courts) The organisation and jurisdiction of courts are determined by law. Extraordinary courts may not be established, nor may military courts be established in peacetime. (Supreme Court) The Supreme Court is the highest court in the state. It decides on ordinary and extraordinary legal remedies and performs other functions provided by law. (Participation of Citizens in the Exercising of Judicial ) The circumstances and form of the direct participation of citi- zens in the exercising of judicial power are regulated by law. (Permanence of Judicial Office) The office of a judge is permanent. The age requirement and other conditions for election are determined by law. The retirement age of judges is determined by law. (Election of Judges) Judges are elected by the National Assembly on the proposal of is composed of eleven members. Assembly elects five members on the proposal of the President of the Republic from among university professors of law, attorneys and other lawyers, whereas judges holding permanent judicial office elect six members from among their own number. The members of the council select a president from among their own number. (Termination of and Dismissal from Judicial Office) A judge ceases to hold judicial office where circumstances arise as provided by law. If in the performance of the judicial office a judge violates the Constitution or seriously violates the law, the National Assembly may dismiss such judge on the proposal of the . If a judge is found by a final judgement to have deliberately committed a criminal offence through the abuse of the judicial office, the National Assembly dismisses such judge. (Incompatibility of Judicial Office) Judicial office is not compatible with office in other state bod- ies, in local self-government bodies and in bodies of political par- ties, and with other offices and activities as provided by law. (Immunity of Judges) No one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court. If a judge is suspected of a criminal offence in the performance of judicial office, he may not be detained nor may criminal pro- ceedings be initiated against him without the consent of the National Assembly.