2023-10-27 14:39:45
Since last January, nine months, a Namur judge has been absent due to illness. Before his sick leave, this magistrate took on around thirty cases, as they say “under advisement”. In other words, the parties are still awaiting judgment. The Magistrate heard the pleadings and the indictments, but has still not pronounced a judgment in these cases.
These judgments have therefore been postponed several times, but the judge may never rule. The magistrate concerned will not return because he is going to retire.
Result ? All these pending procedures will have to be started from scratch. It is the judicial code which provides for this.
Indeed, the Judicial Code provides that following six months of illness, the advocate general must turn to the Court of Cassation to ask to dismiss the absent Judge and appoint a new one.
“It’s the Law, we have to take everything back from the beginning, from the beginning as if nothing had happened. But in this specific case, we must also wait for the Royal Decree which records the retirement of the Magistrate concerned. Obviously, all this takes time and it takes eight to nine months.” specifies Christian De Valkeneer, President of the Namur Court.
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