An Act To Ensure The Implementation Of The Hague Convention Of 19 October 1996 On Jurisdiction, Applicable Law, Recognition, Execution And Cooperation In Parental Responsibility And Measures For The Protection Of The Child
Original Language Title: Loi visant à assurer la mise en oeuvre de la Convention de La Haye du 19 octobre 1996 concernant la compétence, la loi applicable, la reconnaissance, l'exécution et la coopération en matière de responsabilité parentale et de mesures de protection des enfa
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Posted the: 2014-08-22 Numac: 2014009441 SERVICE PUBLIC FÉDÉRAL JUSTICE November 27, 2013. -Act to ensure the implementation of the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, execution and cooperation in parental responsibility and measures for the protection of children (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art. 2. in part IV, book IV, of the Judicial Code, the title of chapter XIIbis, inserted by the law of August 10, 1998 and amended by the law of 10 May 2007, is replaced by the following: 'of the applications relating to transboundary measures relating to parental responsibility and protection of children.
S. 3. in article 1322nonies of the Code inserted by the law of 10 May 2007, the words "of the 25 October 1980" are inserted between the words "Hague Convention" and the words "and regulation".
S. 4. article 1322terdecies of the Code, inserted by the law of 10 May 2007, is replaced by the following: «art.» 1322terdecies. for the purposes of the provisions of the conventions or the regulation of the Council referred to in article 1322bis, the central authority is the federal public Justice. ».
S. 5. in article 1322quaterdecies, § 1, of the same Code, inserted by the law of 10 May 2007, the words "article 33 of the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, execution and cooperation in parental responsibility and measures for the protection of children and ' shall be inserted between the words"for the purposes of the application' and the words ' sections '.
CHAPTER 3. -Modification of the Code of private international law art. 6. article 35 of the Code of private international law is supplemented by § 3 worded as follows: ' § § 3 3» By derogation from the provisions of §§ 1 and 2, when the person is less than 18 years old, the applicable law is determined by the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, concluded at the Hague on 19 October 1996.
The same applies when the person less than eighteen years old and that the jurisdiction of the Belgian courts is based on the provisions of Regulation (EC) No 2201/2003 of the Council of 27 November 2003 concerning jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000. ».
CHAPTER 4. -Provisions Section 1 finals. -Disposition transitional art. 7. without prejudice to article 53, the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, execution and cooperation in parental responsibility and measures for the protection of children, this Act applies after its entry into force in determining the attribution or extinction of right of parental responsibility , or pursuit.
Section 2. -Entry into force art. 8 this Act comes into force the day where, pursuant to section 61 of the abovementioned 1996 Convention, the Convention shall enter into force with respect to the Belgium.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, November 27, 2013.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be) Documents.
53-3091 full report: October 24, 2013.
Senate (www.senate.be) project not referred by the Senate.
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