Judiciary Organisation Act

Chapter 2 Administration of justice

Part 2 The organisation of the courts

Division 1 Structure

Article 14 Staff of the court
- 1. A court is staffed by:
a) judicial officers responsible for the administration of justice, and
b) court officials.
- 2. Court legal assistants and trainee judicial officers may work at a court.
- 3. The court officials, trainee judicial officers and court legal assistants designated for this purpose by the management board of a court perform the duties with which the clerk of the court is charged by or pursuant to statute. They are competent to perform these duties for other courts as well. The designation is made in writing.
- 4. The management board of a court may appoint as an external clerk of the court/registrar persons other than judicial officers responsible for the administration of justice, court officials, trainee judicial officers and court legal assistants. They may be called upon in this capacity by the management board to perform duties with which the clerk of the court/registrar is charged by or pursuant to statute. Paragraph 3, second sentence, applies mutatis mutandis. Before being called upon for the first time they must take an oath or make an affirmation in the presence of the management board. The wording of the oath or affirmation must be adopted – and further rules about their swearing-in may be laid down – by or pursuant to order in council. They receive a fee set in accordance with rules to be laid down by or pursuant to order in council.
- 5. The appointment of an external clerk of the court/registrar is terminated at his request by the management board of the court.
- 6. The management board of the court may terminate the employment of an external clerk of the court/registrar:
a) if he has not performed the duties of a clerk of the court/registrar for a period of at least three years,
b) on the ground of unsuitability, other than for reasons of ill-health, or
c) for an act or omission that should not be committed by a person working for a court.
- 7. If a court official, trainee judicial officer, court legal assistant or external clerk of the court/registrar performs duties of the clerk of the court/registrar in support of a judicial officer responsible for the administration of justice or an expert member, he must comply with the directions given by judicial officer or expert member concerned.Article 14a [repealed on 1/1/2002]

Article 14b [repealed on 1-1-2002]

Article 14c [repealed on 1-1-2002]

Article 14d [repealed on 1-1-2002]

Article 14e [repealed on 1-1-2002]

Article 15 Management board of the court (chairperson, council and members)
- 1. Each court has a management board consisting of a chairperson, the sector chairpersons and a non-judicial member.
- 2. The chairperson of the management board is a judicial officer responsible for the administration of justice and has the title of president.
- 3. The sector chairperson is a judicial officer responsible for the administration of justice.
- 4. The non-judicial member is a court official and has the title of director of operations.
- 5. The management board members are appointed by Royal Decree on the recommendation of Our Minister for a term of six years. They may be reappointed.
- 6. The Council nominates three people for appointment as a management board member. Before making a nomination, the Council must hear the management board of the relevant court. The management board also informs the Council of the views of the works council.
- 7. A member of the management board may not also be a member of the Council or a member of the management board of another court.
- 8. A member of the management board may not also be:
a) a member of the States General;
b) a government minister;
c) a state secretary;
d) vice-president or member of the Council of State;
e) president or member of the Court of Audit;
f) national ombudsman or deputy ombudsman;
g) a lawyer, local counsel or notary or otherwise be involved professionally in providing legal advice and assistance;
h) a civil servant at a ministry or at the institutions, agencies and businesses that come under a ministry.
- 9. The chairperson and the sector chairpersons are judicial officers responsible for the administration of justice, who are appointed in accordance with Article 2, paragraph 1, of the Judicial Officers (Legal Status) Act. They may not also be a judicial officer as referred to in Article 1 (b) 1° and 3° to 8°, vice-president of the Supreme Court, justice of the Supreme Court or justice extraordinary of the Supreme Court.
- 10. The director of operations may not also be a judicial officer.

Article 16 Appointment and dismissal of the chairperson and members of the management board
- 1. The chairperson or sector chairperson receives an allowance as a supplement to his salary as judicial officer for the work he performs as chairperson or sector chairperson, as the case may be. The amount of the allowance is equal to the difference between this salary and the salary level fixed by order in council for the position of chairperson or sector chairperson, as the case may be.
- 2. The appointment of a member of the management board is terminated by Royal Decree on the recommendation of Our Minister if the member accepts an office or position which is incompatible under Article 15 with membership of the management board of the court.
- 3. The management board membership of the chairperson and sector chairperson is terminated or suspended by Royal Decree on the recommendation of Our Minister if the member’s appointment as a judicial officer responsible for the administration of justice is terminated or suspended, unless such termination or suspension relates only to a judicial office to which they were not appointed in accordance with Article 2, paragraph 1, of the Judicial Officers (Legal Status) Act.
- 4. The appointment of the chairperson or sector chairperson is terminated at his own request by Royal Decree on the recommendation of Our Minister.
- 5. The director of operations is subjected to a disciplinary punishment or his appointment is suspended or terminated by Royal Decree on the recommendation of Our Minister. Our Minister makes his recommendation on the proposal of the Council.
- 6. Further rules on the legal status of the management board members, including in any event rules concerning the allowance of the chairperson and sector chairperson as referred to in paragraph 1 and the remuneration of the director of operations, are to be laid down by order in council.

Article 17 Decision-taking by the management board
- 1. The management board may take decisions only if at least half of the members are present.
- 2. The management board takes decisions by a majority of votes.
- 3. In the event of a tied vote, the president has the casting vote.

Article 18 Delegation of powers by the management board
The management board may authorise one or more of its members to exercise one or more of its powers. Part 10.1.1 of the General Administrative Law Act applies mutatis mutandis.

Article 19 Regulations of the management board for procedural rules
- 1. The management board must in any event draw up rules in the form of regulations governing its procedure, decision-making and division of responsibilities, organisational structure, authorisation as referred to in Article 18, the replacement of its members in the event of sickness or other inability to act, the division into chambers as referred to in Article 6, paragraph 1, the allocation of cases between the sectors as referred to in Article 20, paragraph 2, and the distribution of cases between the principal seat, subsidiary seat and subsidiary places of sitting.
- 2. The regulations require the consent of the Council. Articles 10:28 to 10.31 of the General Administrative Law Act apply mutatis mutandis.
- 3. Consent may be withheld only if the regulations are contrary to the law or prejudicial to the proper operation of the court.
- 4. The regulations must be published in the Government Gazette.

Article 20 Establishment of sectors within the court
- 1. The management board must establish within the court no more than four organisational units bearing the name sector.
- 2. Within a sector as referred to in paragraph 1, single-judge and full-bench chambers must hear and decide cases of the types assigned by the management board to the sector concerned.
- 3. With the exception of the deputy justices and deputy judges who have not been designated to perform a full or partial role, the judicial officers, trainee judicial officers and court officials working within a sector together constitute the sector meeting.
- 4. The deputy justices and deputy judges who are not part of the sector meeting pursuant to paragraph 3 may take part in it if invited.
- 5. Court officials are not eligible to vote on matters relating to legal quality and the uniform application of law as referred to in Article 23, paragraph 3.

Article 21 Sector chairperson
- 1. The sector chairperson is responsible for the day-to-day management of the sector.
- 2. The sector chairperson chairs the sector meeting.

Article 22 Court meeting
- 1. With the exception of the deputy justices and deputy judges who have not been designated to perform a full or partial role, the judicial officers responsible for the administration of justice, the court legal assistants who are also deputy justice or deputy judge, and trainee judicial officers together constitute the court meeting.
- 2. The president chairs the court meeting.
- 3. The court officials employed at the court, the court legal assistants who are not also deputy justice or deputy judge, and the deputy justices and deputy judges who have not been designated to perform a full or partial role may take part in the court meeting if invited.

Division 2 Duties and powers

Article 23 Daily management and operational control of the court
- 1. The management board is responsible for the day-to-day management, organisation and operational control of the court. The management board is responsible in particular for:
a) information systems and the provision of management information;
b) the preparation, adoption and implementation of the budget;
c) accommodation and security;
d) the quality of the administrative and organisational procedure of the court;
e) personnel matters;
f) other facilities.
- 2. In performing the duties referred to in paragraph 1, the management board may not involve itself in the procedural aspects or substantive assessment of or the decision in a specific case or category of case.
- 3. The management board is also responsible for promoting legal quality and the uniform application of the law. It consults on this subject with a sector meeting or the court meeting. In performing this duty, the management board may not involve itself in the procedural aspects or substantive assessment of or the decision in a specific case.
- 4. The management board members must provide each other with information necessary for the performance of the duties referred to in paragraphs 1 and 3.

Article 24 Right to give directions
- 1. In performing its duties referred to in Article 23, paragraph 1, the management board may issue general and specific directions to all officers and officials employed at the court.
- 2. When issuing directions the management board may not involve itself in the procedural aspects or substantive assessment of or decision in a specific case or category of case.

Article 25 Disciplinary measures and suspension or termination of the employment of court officials
- 1. The imposition of disciplinary punishment on – or the suspension or termination of the employment of – court officials, with the exception of the director of operations, is carried out by the management board.
- 2. The powers conferred on the competent authority by the Central and Local Government Personnel Act are exercised in relation to the court officials by the management board, subject to the proviso that these powers are exercised in relation to the director of operations by the management board without the participation of the director of operations.
- 3. Further rules are to be laid down by or pursuant to order in council concerning the exercise of powers relating to the legal status of court officials by the management board or the management board without the participation of the director of operations, as the case may be, and by the Council for the Judiciary.
- 4. The management board is the superior, as referred to in the Judicial Officers (Legal Status) Act and the provisions based upon it, of the judicial officers employed at the court and the trainee judicial officers, in so far as they are receiving their training at the court. Notwithstanding the above, the powers conferred on the management board by and pursuant to statute as the superior of a judicial officer responsible for the administration of justice who is also a member of the management board must be exercised by the management board without the participation of the judicial officer concerned.

Article 26 Complaint procedure
- 1. The management board must adopt a procedure for dealing with complaints.
- 2. The procedure or any change to it requires the consent of the Council. Articles 10:28 to 10.31 of the General Administrative Law Act apply mutatis mutandis.
- 3. Consent may be withheld only if the procedure is contrary to the law or prejudicial to the proper operation of the court.
- 4. Complaints may not be made concerning actions in respect of which proceedings are pending before a judicial authority under a statutory remedy or in respect of which appeal lies against a judgment given in such proceedings. Nor may complaints concern a judicial decision.
- 5. The procedure must be published in the Government Gazette.
- 6. Part 9.1.2 of the General Administrative Law Act applies mutatis mutandis.

Article 27 Representation of the court by its president
The president represents the court.

Article 28 Solicited or unsolicited advice to the management board
A sector meeting or the court meeting may provide the management board with solicited or unsolicited advice on the performance of the duty referred to in Article 23, paragraph 3.

Article 28a [repealed on 1-1-2002]

Division 3 Planning and funding

Article 29 Budget for the courts
- 1. Subject to the rules referred to in Article 97, paragraph 1, the Council must allocate a general budget to each court from the central government budget. The Council may attach rules to the allocation of the budget.
- 2. In addition to the general budget the Council may provide a court with financial resources for specifically defined activities intended to improve the organisation or procedure of the court or the courts in general. Paragraph 1, second sentence applies mutatis mutandis.

Article 29a [repealed on 1-6-1999]

Article 29b [repealed on 1-6-1999]

Article 30 Information of the courts about the to be expected budget
As quickly as possible after the communication referred to in Article 101, the Council must inform each court what budget it can provisionally expect for the next budget year, including any rules attached to the budget. It must also state how the budget estimate has been calculated.

Article 31 Annual plan for the courts
- 1. The management board must adopt an annual plan for the court. The plan must contain:
a) a description of the proposed activities for performance of the duties referred to in Article 23, paragraph 1 for the year following that in which the plan is adopted;
b) a budget for the next budget year;
c) a multi-year estimate for at least four years following the budget year.
- 2. Notwithstanding Article 17, paragraph 2, the management board must adopt the annual plan by a majority of votes, including the vote of the president.
- 3. The Council may issue general directions about the structure of the plan.
- 4. The management board sends the plan to the Council by a date fixed by the Council.
- 5. Within the management board the president supervises the implementation of the annual plan.

Article 32 Budget of the courts as part of the annual plan
- 1. The management board must adopt the budget of the court as part of the annual plan in accordance with the budget estimated by the Council as referred to in Article 30.
- 2. The budget of the court requires the consent of the Council. Articles 10:28 to 10.30 of the General Administrative Law Act apply mutatis mutandis.
- 3. Consent may be withheld only if the procedure is contrary to the law or prejudicial to the proper operation of the court.
- 4. The Council must decide within eight weeks of receipt of the court’s budget. Consent is deemed to have been given if no decision has been received from the Council within this time limit.
- 5. In cases of urgency the management board may incur expenditure before the consent of the Council has been obtained for the relevant budget. The Council must be immediately notified of this.

Article 33 Information of the courts about the allocated budget
- 1. As quickly as possible after the adoption of the budget of the Ministry of Justice, the Council must inform each court what budget it is allocating to it. If the budget differs from the budget estimate referred to in Article 30, the second sentence of that Article applies mutatis mutandis.
- 2. If the budget differs from the budget estimate referred to in Article 30, the management board will amend the court’s budget.
- 3. Decisions to make other amendments to the budget may be made until no later than the end of the budget year concerned.
- 4. The Council must be immediately informed of the amendments referred to in paragraphs 2 and 3.
- 5. The necessary expenditure by the management board must be within the limits of the adopted or amended budget.

Article 34 Consent of the Council for the Judiciary
- 1. If the consent of the Council has not been obtained for the budget, the management board always requires the Council’s consent for expenditure.
- 2. A request of the management board for consent may be refused by the Council only if the expenditure is contrary to the law or prejudicial to the proper operation of the court. Articles 10:28 to 10.30 of the General Administrative Law Act apply mutatis mutandis.
- 3. The Council must decide on a request within eight weeks of its receipt. Consent is deemed to have been given if no decision has been received from the Council within this time limit.
- 4. The Council may attach rules to the consent.
- 5. The Council may determine for what items and up to what amount the management board does not require consent.

Article 35 Report of the management board to be submitted to the Council for the Judiciary
- 1. The management board must submit a report to the Council every year by a date set by the Council.
- 2. The report must consist of the financial statements with accompanying budget, the amendments made to them, the annual report and other financial particulars.
- 3. In the financial statements the management board must account for its financial management of the court in the preceding budget year.
- 4. The financial statements require the consent of the Council. Consent may be withheld only if they are contrary to the law. Articles 10:28 to 10.31 of the General Administrative Law Act apply mutatis mutandis.
- 5. The annual report must describe how the work for which the budget was allocated from the central government budget has been carried out. It must indicate how this work relates to the plan adopted in accordance with Article 31 for the year concerned and to the funding rules as referred to in Article 97, paragraph 1 applicable in the year concerned.
- 6. The report includes an opinion on the accuracy and regularity of the accounts, given by an auditor, as referred to in article 393, paragraph 1, of Book 2 of the Civil Code, engaged by the management board. The auditor must append to the opinion a report on the audit of the financial management. When engaging an auditor, the management board must stipulate that the Council is to be allowed, on request, to inspect the auditor’s audit reports.
- 7. The Council may issue a direction concerning the scope and frequency of the audits. This direction must be in conformity with the direction referred to in Article 104, paragraph 6.
- 8. Notwithstanding Article 17, paragraph 2, the management board must adopt the annual report by a majority of votes, including the vote of the president.
- 9. The Council may issue general directions about the structure of the report.

Article 35a Power of representation of the management board
- 1. Notwithstanding Article 32, paragraph 1 of the Government Accounts Act 2001, the management board may perform juristic acts under private law on behalf of the State in so far as such acts result from the part of the budget of the Ministry of Justice managed by the board, unless it has been provided by or pursuant to statute that a minister other than Our Minister should perform the juristic act.
- 2. Article 32, paragraph 4 and Article 39 of the Government Accounts Act 2001 apply mutatis mutandis.

Division 4 Supervision

Article 36 Information duty of the management board
- 1. The management board must provide the Council, on request, with the information necessary for the performance of its duties.
- 2. The Council may issue general directions concerning the provision of information in so far as the requested information relates to decisions and acts in the course of the duties referred to in Article 23, paragraph 1.

Article 36a [repealed on 1-1-2002]

Article 37 Decisions of the management board to be set aside by the Council for the Judiciary
A decision of the management board in the course of its duties as referred to in Article 23, paragraph 1, may be set aside by the Council if the decision is manifestly contrary to the law or prejudicial to the proper operation of the court. Articles 10:36, 10:37 and 10:38 to 10:45 of the General Administrative Law Act apply mutatis mutandis.

Article 38 Proposal for the dismissal of a member of the management board
- 1. The Council may propose to Our Minister that he recommend dismissal of one or more members of the management board on the grounds of their unsuitability, other than for reasons of ill-health. The Council may propose to Our Minister that he recommend suspension of one or more members of the management board if it has good reason to suspect their unsuitability, other than for reasons of ill-health.
- 2. The dismissal or suspension is effected by Royal Decree on the recommendation of Our Minister.
- 3. If all members of the management board have been suspended or dismissed, the Council may appoint one or more temporary administrators to manage the court concerned. Article 15, paragraphs 7 to 10 apply mutatis mutandis. A term must be fixed for the administration when the appointment is made.

Article 39 Appeal against a decree to dismiss someone as a member of the management board
- 1. An interested party may appeal to the Supreme Court against a decree made on the basis of Article 38, paragraphs 1 and 2.
- 2. The Supreme Court must assess whether the Crown could reasonably have concluded that there was unsuitability, other than for reasons of ill-health, or that there was good reason to suspect unsuitability, as the case may be, and whether Our Minister acted in breach of Article 109 in making his recommendation.
- 3. Chapter 8 of the General Administrative Law Act, with the exception of part 8.1.1 and Articles 8:10, 8:11, 8:13 and 8:86, applies mutatis mutandis to an appeal.