Amending Act Title Xiii, Chapter Vi Of The Programme Law (I) Of 24 December 2002 With Respect To The Guardianship Of Unaccompanied Foreign Minors (1)

Original Language Title: Loi modifiant le titre XIII, chapitre VI, de la loi-programme (I) du 24 décembre 2002 en ce qui concerne la tutelle des mineurs étrangers non accompagnés (1)

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12 MAI 2014. - An Act to amend Title XIII, Chapter VI, of the Programme Law (I) of 24 December 2002 with regard to the guardianship of unaccompanied foreign minors (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 479 of the Program Law (I) of 24 December 2002, the words "any person under the conditions set out in section 5" in heading XIII, chapter VI, section 1re, article 1er, are replaced by the words "any person who is either under the conditions provided for in section 5 or under the conditions provided for in section 5/1".
Art. 3. In the same chapter, section 3, an article 5/1 is inserted, as follows:
"Art. 5/1. Without prejudice to Article 5, the guardianship provided for in Article 3, § 1erParagraph 1er, applies to any person:
- under 18 years of age;
- a member of the European Economic Area or Switzerland;
- not accompanied by a person exercising parental authority or guardianship under the law applicable in accordance with section 35 of the Act of 16 July 2004 on the Code of Private International Law;
- not provided with a legalized document certifying that the person exercising parental authority or guardianship has given the authorization to travel and stay in Belgium;
- not registered in the population register;
- and being in one of the following situations:
having requested a temporary residence permit on the basis of Article 61/2, § 2, paragraph 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens;
or in vulnerable situations. ".
Art. 4. In section 6 of the same chapter 6, as amended by the Program Act of 27 December 2004, the following amendments are made:
1° the words "at Article 5" and the words "by Article 5" are replaced each time respectively by the words "at Article 5 or 5/1" and by the words "by Article 5 or Article 5/1";
2° in § 4, the words "Minister of the Interior" are replaced by the words "competent minister" and paragraph 2 is repealed.
Art. 5. In Article 8, § 1erin the same chapter 6, the words "in Article 5" are replaced by the words "in Article 5 or Article 5/1".
Art. 6. In Article 24, § 1erin the same section, as amended by the Programme Law of 27 December 2004, the following amendments are made:
1° in 3°, the words "or nationality of a Member State of the European Economic Area" are repealed;
2° the paragraph is supplemented by a 6° written as follows:
"6° when a minor, a national of a European Economic Area or Switzerland, is no longer in a vulnerable situation. ".
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 12 May 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
The Secretary of State for Asylum and Migration,
social integration and the fight against poverty,
Ms. M. DE BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2013-2014.
House of Representatives
Documents. - Doc. Room 3469.
Senate
Document. - Doc. Senate No. 5-2832/1.