2023-10-28 12:50:47
Update
October 28, 2023
14:50
The “kern” has found an agreement on the linguistic role of the future King’s Prosecutor of Brussels, a position vacant for more than nine years. Proposed solution: a new, more detailed argument.
The restricted ministerial council reached an agreement on the linguistic role of the future King’s Prosecutor of Brussels, a position vacant for more than nine years, La Libre Belgique and Le Soir reported on Saturday. To unblock the file, the “kern” proposes to maintain the obligation that the Brussels public prosecutor’s office be headed by a French speaker but by proposing a new argument, more detailed.
The linguistic role of the Brussels King’s Prosecutor was part of a political agreement concluded in 2012 which led to the split of the judicial district of Brussels-Hal-Vilvoorde. The French speakers then obtained that the King’s prosecutor and the Brussels labor auditor must necessarily present a French-speaking diploma (and “a thorough knowledge of Dutch”). Their deputies – a role created tailor-made at the time – must present a Dutch-speaking diploma.
Canceled in 2014
However, a judgment rendered on June 30, 2014 by the Constitutional Court had annulled this article of the law, considering that there were not sufficient motivations to justify the linguistic exception and allow a King’s Prosecutor in Brussels to necessarily be French-speaking.
According to La Libre, the government finally decided on Friday, by approving a preliminary bill, to justify why the Brussels public prosecutor’s office – the most important in the country – must be managed by a French-speaker.
“We are taking back the system annulled by the Constitutional Court – a French-speaking King’s Prosecutor and a Dutch-speaking deputy – by adding a more detailed justification. The government noting that it is only the irrelevant nature of the justification for the difference in treatment (between French-speaking and Dutch-speaking magistrates, Editor’s note) which (…) led the Court to annul the provision”, indicates for its part the Evening, who was also able to consult the text approved on Friday.
According to Le Soirl, the government just needs to reinstate the canceled article by better explaining its reason for existence and justifying the difference it creates between French-speaking and Dutch-speaking magistrates.
According to the evening daily, it is enough for the government to reinstate the canceled article by better explaining its reason for existence and by justifying the difference it creates between French-speaking and Dutch-speaking magistrates.
The law project must still be submitted to the Council of State and pass a second reading to the government, before being submitted to the House. The question also arises for the Brussels labor auditor, whose mandate ended on April 15.
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