Posted the: 2015-12-29 Numac: 2015000789 SERVICE PUBLIC FÉDÉRAL inside 18 December 2015. -Act amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Accelerated procedures in full litigation before the Council of litigation of foreigners art. 2. in article 39/57-1, paragraph 3 of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, inserted by the law of December 29, 2010, the words "or that referred to in article 39/77/1" are inserted after the words "the accelerated procedure referred to in article 39/77".
S. 3. in article 39/77 of the Act, inserted by the law of 15 September 2006 and as last amended by the law of May 8, 2013, the words "which may be registered in the role" are repealed in the § 1, paragraph 1.
S. 4. in article 77-39-1 of the Act, inserted by the Act of April 10, 2014, the words "which may be registered in the role" are each time repealed in the § 1, paragraphs 1 and 2.
CHAPTER 3. -The procedure for cancellation to the Council of litigation of foreigners art. 5A article 39/81 of the Act, inserted by the Act of September 15, 2006, as last amended by the Act of April 10, 2014 and partially annulled by judgment No. 49/2015 of the Constitutional Court, the following changes are made: 1 ° in paragraph 8, the word 'if' is replaced by the word "If";
2 ° three paragraphs worded as follows shall be inserted between paragraphs 8 and 9: "If the requesting party has not transmitted copy of the memory of synthesis by electronic mail as provided for in paragraph 8, the Chief Clerk address a letter to the applicant asking it to regulate its memory of synthesis within eight days.
If the requesting party regulates its memory of synthesis within eight days of receipt of the request referred to in paragraph 9, the procedure is continued pursuant to paragraph 1.
A memory of synthesis that is not regulated, or that is regulated in a way incomplete or late, is deemed inadmissible. The procedure is continued pursuant to paragraph 1 and the Council shall act on the basis of the application. "."
CHAPTER 4. -Scope art.
6. this Act is applicable to all the remedies that are introduced after the entry into force of this Act.
S. 7. article 2 is applicable to all pending appeal at the time of the entry into force of this Act.
CHAPTER 5. -Entry into force art. 8 this Act comes into force on January 1, 2016.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 18 December 2015.
PHILIPPE by the King: the Deputy Prime Minister and Minister of the Interior, J. ham the Secretary of State to asylum and Migration, Th.
FRANCKEN sealed with the seal of the State: the Minister of Justice, K. GARG _ Note House of representatives (www.lachambre.be) Documents: 54 K 1506