Posted the: 2014-11-21 Numac: 2014009398 SERVICE PUBLIC FÉDÉRAL JUSTICE may 12, 2014. -Act to amend Title XIII, chapter VI of the programme law (I) of 24 December 2002 with respect to the guardianship of unaccompanied foreign minors (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. in article 479 of the programme law (I) of 24 December 2002, the words "any person under the conditions provided for in article 5" in Title XIII, chapter VI, section 1, article 1, shall be replaced by the words "any person either in the conditions laid down in article 5, under the conditions laid down in article 5/1".
S. 3. in the same chapter 6, section 3, there shall be inserted an article 5/1, as follows: "article 5/1. Without prejudice to article 5, the scheduled supervision in article 3, § 1, paragraph 1, applies to any person:-less than eighteen years old;
-a national of a European economic area Member country or Switzerland;
-unaccompanied by a person exercising parental authority or guardianship under the applicable law in accordance with article 35 of the Act of July 16, 2004 with the Code of private international law;
-not equipped with a document legalised attesting that the person exercising parental authority or guardianship gave permission to travel and stay in Belgium;
-not registered in the population register;
- and being in one of the following situations: either requested a title's temporary residence on the basis of article 61/2, § 2, paragraph 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners;
either find vulnerable. "."
4. in article 6 of the same chapter 6 as amended by the programme act of 27 December 2004, the following changes are made: 1 ° the words "article 5" and the words "by article 5" are each time respectively replaced by the words "in article 5 or 5/1" and by the words "under article 5 or article 5/1";
2 ° in § 4, "Minister of the Interior" shall be replaced by the words "competent Minister" and paragraph 2 is repealed.
S. 5. in article 8, § 1, of the same chapter 6, the words "in article 5" shall be replaced by the words "in article 5 or article 5/1".
S. 6. in article 24, § 1, of the same chapter 6, as amended by the programme act of 27 December 2004, the following changes are made: 1 ° in 3 °, the words "or of the nationality of a European economic area Member State" are repealed;
2 ° paragraph is completed with a 6 ° as follows: "6 ° when the minor, who are nationals of a member country of the European economic area or Switzerland, is no longer in a vulnerable situation.".
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 12, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State to asylum and Migration, Social Integration and the fight against poverty, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session 2013-2014.
House of representatives Documents.
-Doc. Room 3469.
Senate Document. -Doc. Senate No. 5 - 2832/1.