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Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Expulsion Of Foreigners

Original Language Title: Loi modifiant la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers

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belgiquelex.be - Carrefour Bank of Legislation

18 DECEMBER 2015. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Accelerated procedures in full litigation before the Aliens Litigation Board
Art. 2. In section 39/57-1, paragraph 3 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the law of 29 December 2010, the words "or that referred to in section 39/77/1" are inserted after the words "the accelerated procedure referred to in section 39/77".
Art. 3. In article 39/77 of the same law, inserted by the law of September 15, 2006 and last amended by the law of May 8, 2013, the words "who may be registered in the role" are repealed in § 1erParagraph 1er.
Art. 4. In article 39/77/1 of the same law, inserted by the law of 10 April 2014, the words "who may be registered in the role" are each time repealed in § 1erParagraphs 1er and 2.
CHAPTER 3. - The cancellation procedure
Aliens Litigation Council
Art. 5. In section 39/81 of the Act, inserted by the Act of 15 September 2006, last amended by the Act of 10 April 2014 and partially annulled by the Constitutional Court Decision No. 49/2015, the following amendments are made:
1° in paragraph 8, the word "if" is replaced by the word "If";
2° 3 sub-paragraphs are inserted between paragraphs 8 and 9:
"If the requesting party has not forwarded a copy of the summary record by e-mail as provided for in paragraph 8, the Chief Clerk shall send a letter to the requesting party requesting it to regulate its summary record within eight days.
If the requesting party regulates its summary record within eight days of receipt of the application referred to in paragraph 9, the procedure shall be continued in accordance with paragraph 1er.
A summary memory that is not regulated, or is regulated in an incomplete or late manner, is deemed inadmissible. The proceedings shall be continued in accordance with paragraph 1er and the Council shall rule on the basis of the request. ".
CHAPTER 4. - Scope of application
Art. 6. This Act applies to all remedies that are introduced after this Act comes into force.
Art. 7. Section 2 applies to all appeals pending at the time this Act comes into force.
CHAPTER 5. - Entry into force
Art. 8. This Act comes into force on 1er January 2016.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 December 2015.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior,
J. JAMBON
The Secretary of State for Asylum and Migration,
Th. FRANCKEN
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
House of Representatives
(www.lachambre.be)
Documents: 54 K 1506