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4 DECEMBER 2012. - An Act to amend the Belgian Nationality Code to make the acquisition of Belgian nationality neutral from the perspective of immigration (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Belgian Nationality Code
Art. 2. Article 1^er of the Belgian Nationality Code, the current text of which will form § 1^er, is supplemented by § 2, which reads as follows:
Ҥ2. For the purposes of this Act:
1° main residence: the place of registration in the register of the population, the register of foreigners or the waiting register;
2° Aliens Act: the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens;
3° law of regulation: the law of 22 December 1999 concerning the regularization of residence of certain categories of foreigners residing in the territory of the Kingdom;
4° serious personal facts: facts which include:
(a) the occurrence of any of the cases referred to in section 23 or section 23/1;
(b) adhering to a movement or organization considered to be dangerous by the State Security;
(c) the impossibility of checking the identity or principal residence or guaranteeing identity;
(d) the fact that the judge has imposed a final sentence on the applicant, which is carried out as a result of any form of tax or social fraud.
5° proof of knowledge of one of the three national languages: the minimum knowledge of one of the three national languages corresponding to level A2 of the Common European Framework of Reference for Languages. This evidence must be reported by the evidence defined in a royal decree deliberated in the Council of Ministers;
6th working day: the working day referred to in section 53 of the Judicial Code;
7th day of work: days of work and days of work assimilated within the meaning of articles 37 and 38 of the Royal Decree of 25 November 1991 regulating unemployment, on the understanding that work done abroad and the days assimilated are not taken into account. If, during the five-year reference period, the foreigner worked, on the one hand, as an employee and/or a statutory agent appointed in the public service and, on the other hand, as a senior self-employed worker, each quarter as a principal independent will be accounted for at 78 work days. Part-time work, expressed in hours, is taken into account in accordance with the formula used under the Royal Decree of 25 November 1991 regulating unemployment and its ministerial decrees;
8° social fraud: any offence of social legislation;
9° tax evasion: any offence of tax codes or enforcement orders committed with fraudulent intent or intended to harm.
The list of serious personal facts referred to in the 4th may be supplemented by the King, by order deliberately in the Council of Ministers. "
Art. 3. Article 5, § 1^erof the same Code, repealed by the law of 6 August 1993 and restored by the law of 1^er March 2000, is supplemented by a paragraph 2 to read:
"The King shall determine, by order deliberately in the Council of Ministers and on the proposal of the Minister of Foreign Affairs, a list of countries for which the impossibility or serious difficulties referred to in paragraph 1^er, are allowed. "
Art. 4. Section 7bis of the same Code, inserted by the Act of 27 December 2006, is replaced by the following:
"Art. 7bis. § 1^er. For the purposes of the provisions of this Code in respect of the acquisition or recovery of Belgian nationality, the foreigner must have established his principal residence in Belgium on the basis of a legal stay, both at the time of the introduction of his application or declaration and during the period immediately preceding it. Both the legal stay and the main residence must be uninterrupted.
§ 2. We mean by legal stay:
1° with respect to the time of the introduction of the application or declaration: to have been admitted or authorized to stay unlimited in the Kingdom or to settle therein under the Aliens Act;
2° in respect of the preceding period: having been allowed or allowed to stay more than three months in the Kingdom or authorized to settle in accordance with the Aliens Act or the law of regulation.
The King shall determine, by order deliberately in the Council of Ministers, the documents to be taken into account as proof of the stay referred to in paragraph 1^er.
§ 3. In the cases provided for in this Code, the uninterrupted nature of the stay defined in § 2 is not affected by temporary absences of up to six months, provided that these absences do not exceed a total of one-fifth of the time limits required by this Code as part of the acquisition of nationality. "
Art. 5. In chapter II of the same Code, the title of section 3 is supplemented by the words "or by collective effect of an acquisition act" and the title of section 4 is repealed.
Art. 6. Section 11 of the same Code, replaced by the Act of 13 June 1991, is replaced by the following:
“Art. 11. § 1^er. The following children are Belgian on the basis of a birth in Belgium:
1° the child born in Belgium, as long as one of his parents at least:
(a) be born himself in Belgium;
(b) and had his principal residence in Belgium for five years in the ten years preceding the birth of the child;
2° the child born in Belgium and adopted by a foreigner, as far as the opponent:
(a) be born himself in Belgium;
(b) and had its main residence in Belgium for five years in the ten years preceding the date on which the adoption produced its effects.
If filiation with respect to the parent referred to in paragraph 1^er, 1°, is established only after the date of the judgment or judgment homologating or pronouncing adoption, Belgian nationality is granted to the child only if filiation is established with respect to the opponent or the spouse of the child.
The person to whom Belgian nationality was granted under paragraph 1^er, 1°, retains this nationality if it has reached the age of eighteen years or is emancipated when its filiation is no longer established. If it has not reached the age of eighteen and is not emancipated, the acts passed when filiation was still established and for which the state of Belge is required cannot be contested for the sole reason that the person concerned did not have that nationality. The same applies to rights acquired before that date.
Belgian nationality granted under paragraph 1^er, 2°, is granted from the day the adoption produces its effects, unless at that date the child has reached the age of eighteen years or is emancipated.
§ 2. Is Belgian following a statement made by the parents or by the adopters the child born in Belgium and having, since his birth, his principal residence in Belgium, as long as the parents or adopters:
(a) make a statement before the child reaches the age of twelve;
(b) and had their main residence in Belgium for the ten years preceding the declaration;
(c) and that at least one of them is allowed or allowed to stay indefinitely in Belgium at the time of the declaration.
When the child's filiation is established with respect to both parents, the declaration referred to in paragraph 1 er is made jointly by the parents. If the child has been adopted by two persons, this declaration is made jointly by both adopters. The declaration of a parent or adopter is sufficient if the other parent or adopter:
(a) died;
(b) or is unable to express its will;
(c) or was declared absent;
(d) or no longer has its main residence in Belgium, but consents to the attribution of Belgian nationality.
The statement made by a parent or an adopter is also sufficient if:
(a) the child's filiation is established only in respect of one of his or her parents;
(b) or if the child was adopted only by one person, unless the adopter is the parent's spouse, in which case the statement is made by the two concerned.
The declaration referred to in paragraph 1^er is made in accordance with Article 15. "
Art. 7. Section 11bis of the same Code, inserted by the Act of 13 June 1991 and amended by the Act of 27 December 2006, is repealed.
Art. 8. Section 12 of the same Code is replaced by the following:
“Art. 12. In the event of a voluntary acquisition or recovery of Belgian nationality by an author or adopter who exercises authority over the person of a child who has not attained the age of eighteen years or is not emancipated before that age, Belgian nationality is attributed to the latter, provided that the latter has its main residence in Belgium. "
Art. 9. Section 12bis of the same Code, last amended by the Act of 27 December 2006, is replaced by the following:
"Art. 12bis. § 1^er. Can acquire Belgian nationality by making a declaration in accordance with Article 15:
1° the foreigner who:
(a) reached the age of eighteen years;
(b) and has been born in Belgium and has been legally resident there since birth;
2° the foreigner who:
(a) reached the age of eighteen years;
(b) and stay legally in Belgium for five years;
(c) and demonstrates the knowledge of one of the three national languages;
(d) and proves its social integration:
- or by a degree or certificate issued by an educational institution organized, recognized or subsidized by a Community or by the Royal Military School, which is at least the level of higher secondary education;
- or having completed a vocational training of at least 400 hours recognized by a competent authority;
- or having taken a course of integration provided for by the competent authority of its main residence at the time of commencement of its integration course;
- or having worked continuously over the past five years as an employee and/or a statutory agent appointed in the public service and/or as a principal independent worker;
(e) and proves its economic participation:
- having worked for at least 468 days of work over the past five years as an employee and/or statutory employee in the public service;
- having paid, in Belgium, in the context of an independent work activity carried out as a principal, the quarterly social contributions due by independent workers for at least six quarters over the past five years;
The duration of the training followed in the five years prior to the application referred to in 2°, d), first and/or second dash, is deducted from the duration of the required professional activity of 468 minimum days or the duration of the independent professional activity as principal.
3° the foreigner who:
(a) reached the age of eighteen years;
(b) and stay legally in Belgium for five years;
(c) and demonstrates the knowledge of one of the three national languages;
(d) and is married to a person of Belgian nationality, if the spouses have lived together in Belgium for at least three years, or is the parent of a minor or unemancipated Belgian child;
(e) and proves its social integration:
- or by a degree or certificate issued by an educational institution founded, recognized or subsidized by a Community or by the Royal Military School, which is at least the level of higher secondary education;
- or having undergone a vocational training of at least 400 hours recognized by a competent authority, and having worked, over the past five years, for at least 234 days as an employee and/or as a statutory agent appointed in the public service or having paid in Belgium, as part of an independent principal professional activity, the quarterly social contributions due by independent workers for at least three quarters;
- or having taken a course of integration provided for by the competent authority of its main residence at the time of commencement of its integration course;
4° the foreigner who:
(a) reached the age of eighteen years;
(b) and stay legally in Belgium for five years;
(c) and demonstrates that, because of a disability or disability, he or she is unable to occupy a job or exercise an economic activity or has reached the age of the pension;
5° the foreigner who:
(a) reached the age of eighteen years;
(b) and stay legally in Belgium for ten years;
(c) and demonstrates the knowledge of one of the three national languages;
(d) and justifies its participation in the life of its host community. This evidence can be provided by any means of law, and contains evidence that the applicant is involved in the economic and/or sociocultural life of this host community.
§ 2. When the social integration referred to in § 1^er2°, d, and § 1^er, 3°, e, is demonstrated by following an integration course provided by a competent authority that is not the same competent authority as that of the applicant's main residence at the time of application, because the applicant changed its main residence before reaching the period referred to in § 1^er, 2°, b, and § 1^er, 3°, b, to settle in the territory of another competent authority, the applicant must also demonstrate the knowledge of the language requested by the competent authorities of his primary residence in the course of integration. This evidence must be provided in the same way as evidence of knowledge of one of the three national languages.
§ 3. The declaration contains, prior to the signature of the foreigner, the following written mention of the hand of the foreigner: "I declare that I wish to acquire Belgian nationality and submit to the Constitution, the laws of the Belgian people and the Convention for the Protection of Human Rights and Fundamental Freedoms. "
Art. 10. Section 13 of the same Code, as amended by the Acts of 6 August 1993 and 1 March 2000, including the title of Chapter III, Section 2, is repealed.
Art. 11. Section 14 of the same Code, as amended by the Act of 6 August 1993, is repealed.
Art. 12. Section 15 of the Code, last amended by the Act of 27 December 2006, is replaced by the following:
“Art. 15. § 1^er. The foreigner makes the statement to the civil status officer of his principal residence.
If the name or name of the foreigner is not spelled out in the same way in the register of the population, the register of foreigners, the criminal record or the documents submitted, the application is suspended until the spelling has been uniformed in all records and documents.
If the foreigner does not have a name or first name, the civil status officer proposes to the foreigner to introduce a procedure free of charge in accordance with the law of May 15, 1987 relating to names and names, in which case the application is suspended until the foreigner has a name and first name.
§ 2. The Civil Status Officer shall review the completeness of the declaration within thirty working days after the filing of the declaration.
When a statement is incomplete, the officer shall provide the applicant with the opportunity to fix the omission within two months. The Civil Registry Officer indicates in a form prepared by the King, by order deliberately in the Council of Ministers, what documents are missing in the declaration.
If it is not or is not sufficiently used to remedy the forgetfulness, the application is declared inadmissible.
If the application is complete and admissible and if the registration right referred to in section 238 of the Registration, Mortgage and Registry Rights Code has been paid, the Civil Registry Officer shall issue a receipt, within thirty-five working days after the filing of the declaration if the return has been deemed complete, or within fifteen working days after the expiry of the period granted to the alien.
If the application is found to be incomplete, it shall be notified by registered letter within thirty-five working days after the filing of the declaration or within fifteen working days after the expiry of the period granted to the foreigner to fix the oblivion. However, the late payment of the registration fee cannot be regulated.
If the receipt or incompleteness of the declaration has not been notified on time, the application shall be deemed complete. The express declaration of inadmissibility may be appealed for annulment before the administrative litigation section of the Council of State, as provided for in article 14, § 1^er, laws on the Council of State, coordinated on 12 January 1973.
The King shall determine, by order deliberately in the Council of Ministers, and on the proposal of the Minister of Justice, the acts and evidence to be attached to the request to demonstrate that the conditions are met and that the record has been deemed complete, as provided for in paragraph 1^er.
The officer shall, for notice, transmit a copy of the entire file to the Crown Prosecutor of the Court of First Instance of the Jurisdiction, no later than five working days from the grant of the receipt. The King's prosecutor acknowledges his receipt without delay.
At the same time as he communicates to the King's Prosecutor a copy of the complete file, the Civil Registry Officer also transmits a copy to the Aliens Office and the State Security.
§ 3. Within a period of four months from the date of the receipt referred to in § 2, the Crown Prosecutor may issue a negative opinion on the acquisition of Belgian nationality where there is an impediment resulting from serious personal facts, that he must specify in the reasons of his notice, or where the basic conditions, which he must state, are not fulfilled.
If, in violation of § 2, paragraph 8, the declaration referred to in § 1^er is communicated lately within the last month of the deadline, it is ex officio extended by one month from the date of the communication of the file to the Crown Prosecutor.
When the King's Attorney finds that he does not have to issue a negative opinion, he sends a certificate to the Civil Status Officer indicating the absence of a negative opinion. The declaration is immediately entered and mentioned in accordance with Article 22, § 4.
Upon the expiration of the four-month period, if any extended in accordance with paragraph 2, and if there is no negative notice or transmission of an attestation meaning the absence of a negative opinion, the declaration shall be registered on its own and referred to in accordance with Article 22, § 4. However, in the absence of the communication referred to in paragraph 2, paragraph 8, the registration shall not take place and the civil officer shall immediately inform the person concerned.
Notification of registration shall be made to the person concerned by the Civil Registry Officer.
The declaration has effect from the registration.
§ 4. The negative opinion of the King's attorney must be motivated. It is notified to the Civil Registry Officer and, by registered letter, to the person concerned by the King's Prosecutor.
§ 5. The person concerned may invite the civil officer, by registered letter, to forward his case to the court of first instance within fifteen days of the date of receipt of the information referred to:
- in § 3, paragraph 4, last sentence;
- in the negative opinion referred to in § 3.
After hearing or calling the person concerned, the court of first instance shall decide by reason of a decision on the merits:
- the absence of the registration of the declaration referred to in § 3, paragraph 4, last sentence;
- the negative opinion referred to in § 3.
The decision is notified to the person concerned by the court of first instance. Within fifteen days of the notification, the interested party and the King's attorney may appeal the decision, by request to the Court of Appeal. The extension of time due to judicial holidays shall take place in accordance with Article 50, paragraph 2, of the Judicial Code.
The Court of Appeal shall rule, after notice by the Attorney General, and after hearing or calling the person concerned.
Quotations or notifications are made by administrative means.
The mechanism of the decision taken in force by which the negative notice is declared unfounded is sent to the Civil Registry Officer by the Public Prosecutor's Office.
The declaration is immediately entered and mentioned in accordance with Article 22, § 4.
§ 6. In the absence of the consent of any of the authors or adopters required under Article 11, § 2, paragraph 2, the declaration may nevertheless be made by the other author or adopter, before the civil status officer of the child's principal residence. The court immediately communicates it to the court of first instance of the court of law. The King's Attorney shall act without delay.
On the advice of the King's Prosecutor and after hearing or calling the authors or adopters, the Court of First Instance shall decide on the approval of the declaration. The State party shall, if it considers the refusal of undue consent and if the declaration is not intended for any purpose other than the interest of the child to be granted Belgian nationality. The decision is motivated.
The decision is notified to the authors or adopters by the Crown Prosecutor. Within fifteen days of the notification, the authors or adopters, as well as the King's Prosecutor, may appeal the court's decision by request to the Court of Appeal. The court shall rule, after notice by the Attorney General and after hearing or calling the authors or adopters.
Quotations and notifications are made administratively.
The device of the decision of consent passed in force of a deemed act mentions the complete identity of the child; it is transcribed to the diligence of the Public Prosecution Service on the register referred to in section 25 of the place of the child's principal residence.
The statement has effect from the transcript. "
Art. 13. Article 16 of the same Code, amended by the laws of 6 August 1993 and 1^er March 2000, including the title of chapter III, section 3, is repealed.
Art. 14. Article 17 of the same Code, as amended by the law of 1^er March 2000, including the title of chapter III, section 4, is repealed.
Art. 15. Section 5 of Chapter III of the same Code is numbered 2.
Art. 16. Section 19 of the Code, as amended by the Acts of 1 March 2000 and 27 December 2006, is replaced by the following:
“Art. 19. § 1^er. In order to apply for naturalization, the individual must:
1° having reached the age of eighteen years;
2° legally staying in Belgium;
3° and having testified or able to testify to Belgium of exceptional merits in the scientific, sporting or sociocultural fields and, consequently, to be able to make a special contribution to the international radiance of Belgium;
4° and why it is almost impossible for it to acquire Belgian nationality by making a declaration of nationality in accordance with article 12bis.
In order to be able to avail itself of exceptional merits, the individual must, under penalty of irreceivability, be able to provide proof of the following:
1° in case of exceptional merits in the scientific field: a doctorate;
2° in the event of exceptional merits in the sport field: having met the criteria of international selection or the criteria imposed by the COIB for a European championship, a world championship or the Olympic Games, or in the event that the federation of the sport discipline concerned considers that it or it can represent an added value for Belgium as part of the elimination or final stages of a European championship, a world championship;
3° in case of exceptional merits in the sociocultural field: having reached the final selection of an international cultural competition or being rewarded on the international stage because of its cultural merits or because of its social and societal investment.
§ 2. Naturalization may also be requested by an 18-year-old foreigner who has the status of stateless persons in Belgium under the international conventions in force, and who has been legally resident in Belgium for at least two years. "
Art. 17. Section 21 of the Code, replaced by the Act of 13 April 1995 and amended by the Acts of 22 December 1998 and 27 December 2006, is replaced by the following:
“Art. 21. § 1^er. The application for naturalization is addressed to the civil status officer of the place where the person concerned has his or her principal residence or to the House of Representatives.
Application forms, the content of which is fixed by the King on the proposal of the Minister of Justice, may be obtained in municipal administrations.
The King, on the proposal of the Minister of Justice, determines the acts and evidence to be included in the application to demonstrate that the conditions set out in section 19 are met. The applicant may attach to its application all other documents that it considers useful to justify it.
The application form is signed by the applicant, who precedes his signature of the manuscript mention:
"I declare that I wish to acquire Belgian nationality and submit to the Constitution, the laws of the Belgian people and the Convention for the Protection of Human Rights and Fundamental Freedoms".
§ 2. If the name or name of the foreigner is not spelled out in the same way in the register of the population, the register of foreigners, the criminal record or the documents submitted, the application is suspended until the spelling has been uniformed in all records and documents.
If the foreigner does not have a name or first name, the civil status officer or the House of Representatives will propose to the foreigner to introduce a procedure free of charge in accordance with the Law of May 15, 1987 on names and names, in which case the application is suspended until the foreigner has a name and a first name.
§ 3. The Civil Status Officer or the House of Representatives shall issue an acknowledgement of receipt of the application for naturalization when the file is deemed complete and that the right of registration under section 238 of the Code of Registration, Mortgage and Registry Rights has been paid.
§ 4. The application for naturalization becomes null and void if, after its introduction, the author ceases to be in legal residence in Belgium or to have his principal residence there.
§ 5. If the application for naturalization is addressed to the civil registration officer, the civil registration officer shall transmit it and the documents referred to in § 1^erparagraph 3, which was communicated to the House of Representatives within fifteen days of its receipt.
The House of Representatives shall issue to the applicant a receipt certifying the filing of a complete application file. No later than five working days after the filing of the application for naturalization, a copy of the application, to which a copy of the receipt is attached, is communicated by the House of Representatives to the Prosecutor's Office of the Court of First Instance of the applicant's main residence, to the Aliens Office and to the State Security, for advice to provide within four months of the criteria provided for in Article 19 and § 3 The King's Attorney, the Aliens Office and the State Security acknowledge their receipt without delay.
If the submission of the application for naturalization by the House of Representatives is not made in accordance with the time limit set out in paragraph 2 and is made during the last month of the period, it shall be ex officio extended from one month of the date of the communication to the three instances referred to in paragraph 2.
The notice is deemed to be in favour of failure to comply with the comments made by the Prosecutor's Office, the Aliens Office and the State Security within four months, possibly extended in accordance with paragraph 3, as of the filing of a complete application file with the House of Representatives.
The House of Representatives shall rule on the granting of naturalization in accordance with the terms set out in its regulations. The integration and knowledge of one of the three national languages are important elements in this regard, which are specified by the Naturalizations Commission in its regulations.
§ 6. The act of naturalization, adopted by the House of Representatives and sanctioned by the King on the proposal of the Minister of Justice, is published in the Belgian Monitor. This act produces its effects from the day of this publication. "
Art. 18. In section 22 of the same Code, as amended by the Act of 27 December 2006, the following amendments are made:
1° in § 1^er, 2° is supplemented by the following sentence: "If this acquisition or recovery does not immediately follow the declaration of renunciation and has, in addition, as a result of rendering the person concerned stateless, this declaration shall only produce legal effects at the time of the acquisition or actual recovery of foreign nationality; »;
2° in § 1^erin the 7th, the words "of Article 23" are replaced by the words "of Articles 23 and 23/1";
3° in § 4, first sentence, in the Dutch text, the words "belanghebbende" are replaced by the words "degene die de verklaring aflegt";
4° in § 4, the sentence "These statements are also mentioned in the margins of the birth certificate drawn up or transcribed in Belgium. is repealed.
Art. 19. Article 23, § 1^er, 1°, replaced by the Act of 27 December 2006, the same Code is replaced by the following:
"1° if they have acquired Belgian nationality as a result of fraudulent conduct, by false information, by false writing and/or use of false or falsified documents, by fraudulent identity or by fraud in obtaining the right of residence; "
Art. 20. In chapter IV of the same Code, an article 23/1 is inserted as follows:
“Art. 23/1. § 1^er. The demise of Belgian nationality may be pronounced by the judge upon requisition of the public prosecutor in respect of Belgians who do not hold their nationality of a Belgian author on the day of their birth and of Belgians who have not been granted their nationality under Article 11, § 1^erParagraph 1^er, 1° and 2° :
1° if they have been sentenced, as an author, co-author or accomplice, to a term of imprisonment of at least five years without suspension for an offence under articles 101 to 112, 113 to 120bis, 120quater, 120sexies, 120octies, 121 to 123, 123ter, 123quater, paragraphs 2, 124 to 134, 136bis, 136quater, 136quines, 136sexies
2° if they have been convicted, as an author, co-author or accomplice to a five-year prison sentence without a stay for an offence whose commission has been clearly facilitated by the possession of Belgian nationality, provided that the offence has been committed within five years from the date of obtaining Belgian nationality;
3° if they have acquired Belgian nationality by marriage in accordance with Article 12bis, 3°, and that this marriage has been cancelled because of marriage of convenience as described in Article 146bis of the Civil Code, subject to the provisions of Articles 201 and 202 of the Civil Code.
§ 2. The judge does not pronounce the demise in the event that the latter would have the effect of rendering the person concerned stateless, unless the nationality was acquired as a result of fraudulent conduct, by false information or by concealing a relevant fact. In this case, the judge shall grant the person concerned a reasonable period of time so that he may try to recover the nationality of his country of origin.
§ 3. When the judgment on the termination of Belgian nationality was forcibly cast, its device, which must mention the complete identity of the person concerned, is transcribed on the register referred to in Article 25 by the civil status officer of the principal residence of the person concerned in Belgium or, if not, by the civil status officer of Brussels.
The demise has effect from the transcript.
§ 4. The person who has been deprived of Belgian nationality under this article may only be returned to Belgium by naturalization. "
Art. 21. In section 24 of the same Code, the following amendments are made:
1° in paragraph 1^erreplaced by the Act of 6 August 1993 and amended by the Act of 1^er March 2000, the words "and that he had his principal residence in Belgium during the twelve months preceding the declaration" are replaced by the words ", that he has his principal residence in Belgium for at least twelve months, on the basis of an uninterrupted legal stay, and that he be, at the time of the declaration, allowed or allowed to stay for an unlimited period of time. »;
2° in paragraph 2, replaced by the Act of December 22, 1998, the words "If the latter condition is not fulfilled or" are repealed.
Art. 22. Article 25 of the same Code, as amended by the law of 1^er March 2000, the following amendments are made:
1° in paragraph 1^erthe words "of articles 12bis, 13-17 and 24" are replaced by the words "of articles 12bis, 15 and 24";
2° paragraphs 2 and 3 are repealed.
CHAPTER 3. - Amendments to the Registration, Mortgage and Registry Code
Art. 23. In Title I of the Code of Registration, Mortgage and Registry Rights, the title of Chapter XVIII is replaced by the following:
CHAPTER XVIII. - Special law on nationality, letters patent of nobility and authorizations to change names or names".
Art. 24. In article 237 of the same Code, last amended by the Act of 24 December 1998, the words "nationality" are inserted between the words "special on" and the words "letters patent".
Art. 25. In the same Code, section I, which will contain section 238, is reinstated in the following wording:
“Section I^re. - Nationality
Art. 238. It is considered a right on the procedures for the acquisition of Belgian nationality set out in chapter III of the Belgian Nationality Code.
The right is 150 euros.
The fee must be paid prior to the filing of the application or before the filing of the return. "
Art. 26. Article 249 of the same Code, replaced by the Law of 15 May 1987 and amended by the Law of 5 May 1998 and the Royal Decree of 20 July 2000, is supplemented by a § 4 written as follows:
Ҥ4. The right is not due in the event of a change of name or name referred to in articles 15 and 21 of the Belgian Nationality Code. "
CHAPTER 4. - Amendments to the Judicial Code
Art. 27. In section 569 of the Judicial Code, last amended by the Act of 2 June 2010, the 22° is replaced by the following:
"22° of the declarations referred to in articles 11, § 2, and 12bis of the Code of Belgian Nationality and declarations or requests based on articles 24, 26 and 28 of the same Code; "
Art. 28. Section 604 of the same Code is replaced by the following:
"Without prejudice to the cases referred to in Article 23/1, § 1^er, of the Belgian Nationality Code, the Court of Appeal is aware of actions due to nationality. "
Art. 29. Article 628, 9°, of the same Code, last amended by the law of 1^er March 2000, the following amendments are made:
1° the words "Article 11bis" are replaced by the words "Article 11, § 2,";
2° the words "in the case of an application under section 12bis or statements based on sections 15 to 17, 24, 26 and 28 of the same Code" are replaced by the words "in the case of a declaration referred to in section 12bis or declarations or requests based on sections 24, 26 and 28 of the same Code; »
CHAPTER 5. - Amendments to the Code of Private International Law
Art. 30. In article 36 of the Code of Private International Law, paragraph 2 is supplemented by the words "or if it has filed an application on the basis of articles 15 and 21 of the Code of Belgian Nationality. "
Art. 31. In section 38 of the same Code, a paragraph is inserted between paragraphs 1^er and 2:
"The change of name or first name in the context of the acquisition of Belgian nationality, referred to in articles 15 and 21 of the Belgian Nationality Code, is governed by Belgian law. "
CHAPTER 6. - Entry into force and transitional provisions
Art. 32. § 1^er. This Act comes into force on 1^er January 2013, with the exception of articles 18 to 22, which come into force on the day of their publication at the Belgian Monitor.
§ 2. Requests and declarations filed before 1^er January 2013 remains subject to the provisions previously applicable. Articles 22, 23, 23/1, 24 and 25 of the Belgian Nationality Code, as amended by articles 18 to 22 of this Act, are, however, immediately applicable to all pending applications and declarations.
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, 4 December 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) 2010-2011 session.
House of Representatives.
Documents. - Proposal by Ms. Van Cauter et al., 53-0476 - No. 1. - Amendments, 53-0476 - No. 2 to 10. - Opinion of the Council of State, 53-0476 - No. 11. - Amendments, 53-0476 - No. 12.
Session 2011-2012.
Documents. - Amendments, 53-0476 - No. 13 and 14. - Report, 53-0476 - No. 15. - Text adopted by the commission, 53-0476 - No. 16.
Session 2012-2013.
Documents. - Amendments, 53-0476 - No. 17. - Supplementary report, 53-0476 - No. 18. - Text adopted by the commission, 53-0476 - No. 19. - Amendments, 53-0476 - No. 20. - Text adopted in plenary and transmitted to the Senate, 53-0476 - No. 21.
Full report. - 24 and 25 October 2012.
Senate.
Documents. - Project not referred to by the Senate, 5-1827 - No. 1.