1° hold the Belgian nationality;
2° enjoy the civil and political rights;
3° be no member of the European Parliament, the Legislative Chambers8 or a Community or
Regional Council9.
§ 6. The chairman and members within the limits of their competence shall not be instructed
by any person. They may not be dismissed from their office for any opinion expressed or
action performed in the fulfilment of their duties.
§ 7. It shall be prohibited for the members of the Commission to be present at any
deliberation on subjects in which they themselves, their blood relations or in-laws up to the
fourth degree have a personal interest.
Article 25
If a full member is unable to attend or absent or if his office becomes vacant, he shall be
replaced by his substitute.
The full or substitute member of whom the term of office expires before the expiration of the
six years period shall be replaced in accordance with the procedures referred to in article 24
by a full or substitute member to be elected for the remainder of the term.
Article 26
§ 1. The chairman of the Commission shall fulfil his duties on a full-time basis. He is legally
taken from his court of law. He’s responsible for the every day management of the
Commission, manages the secretariat, chairs the meetings of the Commission in all its
different divisions or authorizes another member of the Commission to do so. He regularly
reports to the board meeting of the Commission.
During his term of office he shall not exercise any other professional activity. The Chamber
that has appointed him, may permit derogations from this incompatibility, provided that they
do not interfere with the due fulfilment of his duties.
His seat on the magisterial bench shall be filled through an additional appointment. If the
chairman is a corps head, he will be replaced through an additional appointment of a
magistrate to a rank immediately below his own.
He shall enjoy a salary equal to that of a First-Advocate-General10 in the Court of Cassation,
as well as the increases and advantages linked thereto.
He shall retake his position on the ranking list upon termination of his office.
§ 2. The chairman shall be assisted in all his duties by a vice-chairman. The latter shall be
appointed by the House of Representatives from the full members mentioned in article 24, § 1
and belonging to another linguistic group than the chairman.
The vice-chairman shall fulfil his duties on a full-time basis and the provisions of paragraph 1,
sections two and four, are applicable to him. Paragraph 1, sections three and five are
applicable if the vice-chairman is a magistrate. When the chairman is unable to attend, the
vice-chairman takes over his duties.
8
Meant are the federal House of Representatives and Senate.
Council (Raad / Counseil) is the name for the legislative bodies of the Communities and Regions (See footnote 3).
10
Member of the public prosecutor’s department.
9
18