An Act To Amend The Code Of Belgian Nationality In Order To Make The Acquisition Of Belgian Nationality Neutral From The Point Of View Of Immigration (1)

Original Language Title: Loi modifiant le Code de la nationalité belge afin de rendre l'acquisition de la nationalité belge neutre du point de vue de l'immigration (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012009519&caller=list&article_lang=F&row_id=1400&numero=1422&pub_date=2012-12-14&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-12-14 Numac: 2012009519 SERVICE PUBLIC FÉDÉRAL JUSTICE 4 December 2012. -Act to amend the Code of Belgian nationality in order to make the acquisition of Belgian nationality neutral from the point of view of immigration (1) ALBERT II, 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. -Changes of the Code of Belgian nationality art. 2. article 1 of the Code of Belgian nationality, which the current text will form the § 1, is supplemented by a paragraph 2, as follows: ' ' § § 2 2 For the purposes of this Act, means: 1 ° principal residence: the place of registration in the population register, the register of aliens or the waiting registry.
2 ° the Aliens Act: the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
3 ° law of regularization: Act of 22 December 1999 on the regularization of residence of some categories of foreign nationals on the territory of the Kingdom;
4 serious personal facts °: facts which include: a) the fact of being in one of the cases referred to in article 23 or article 23/1;
(b)) the fact to accede to a movement or organization considered dangerous by the security of the State;
c) inability to control the identity or principal residence or guarantee the identity;
(d) the fact that the judge has inflicted on the plaintiff a final sentence, cast in force of res judicata, due to a any form of tax or social fraud.
5 ° proof of the 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 means of proof set out in a royal decree deliberated in the Council of Ministers;
6 ° day: the working day referred to in article 53 of the Code of judicial procedure;
7 ° day: working days and working days assimilated for the purposes of sections 37 and 38 of the royal decree of 25 November 1991 on the regulation of unemployment, on the understanding that the work performed abroad and days y assimilated are not taken into account. If, during the reference period of five years, abroad worked, on the one hand, as an employed person and/or statutory officer appointed in the public service and, secondly, as a self-employed principal, worked as independent main quarterly will be counted at a rate of 78 working days. Part-time work, expressed in hours, is taken into account according to the formula used in accordance with the royal decree of 25 November 1991 regulating unemployment and its ministerial orders of execution;
8 ° social fraud: any breach of social legislation;
9 ° tax fraud: any offence under tax codes or their orders of execution committed with fraudulent intent or intent to harm.
The list of serious personal matters referred to in 4 ° may be supplemented by the King, by Decree deliberated in the Council of Ministers. ».
S. 3. article 5, § 1, of the same Code, repealed by the Act of 6 August 1993 and restored by Act of March 1, 2000, is supplemented by a paragraph 2 as follows: "the King determines, by Decree deliberated in the Council of Ministers and on proposal of the Minister of Foreign Affairs, a list of the countries for which the inability or serious difficulties. referred to in paragraph 1, shall be allowed.
».
S. 4. article 7bis of the same Code, inserted by the law of December 27, 2006, is replaced by the following: «art.» 7bis. § 1. For the purposes of the provisions of this Code relating to acquisition or collection of Belgian nationality, the alien must have also established his principal residence in Belgium on the basis of a legal stay well at the time of the introduction of its request or declaration during the period immediately preceding. Both the legal residence that the principal residence must be uninterrupted.
§ 2. Legal residence shall mean: 1 ° with respect to the timing of the introduction of the request or declaration: have been admitted or allowed unlimited stay in the Kingdom or to settle under the Aliens Act;
2 ° with respect to the period preceding: admitted or allowed to stay more than three months in the Kingdom or permitted to settle in accordance with the Aliens Act or the law of regularization.
The King determines, by Decree deliberated in the Council of Ministers, the documents that will be taken into account as evidence of the stay referred to in paragraph 1.
§ 3. In the cases provided by the present Code, the uninterrupted nature of stay defined in § 2 is not affected by temporary absences of six months maximum, provided that these absences do not in total exceed a duration of one-fifth of the time required by this Code in the context of the acquisition of the nationality. ».
S. 5. in chapter II of the same Code, the title of section 3 is supplemented by the words 'or collective effect of an act of acquisition"and the title of section 4 is repealed.
S. 6. article 11 of the same Code, replaced by the law of 13 June 1991, is replaced by the following: «art.» 11 § 1.
The following children are Belgian on the basis of a birth in Belgium: 1 ° child born in Belgium, provided that a parent at least: has) was born himself in Belgium;
(b) and had his principal residence in Belgium for five years during the 10 years preceding the birth of the child;
2 ° child born in Belgium and adopted by a foreigner, provided that the adopter: has) was born himself in Belgium;
(b) and had his principal residence in Belgium for five years during the 10 years preceding the date on which the adoption produces its effects.
If the descent towards the parent referred to in paragraph 1, 1 °, is established after the date of the judgment or the judgment certifying or effecting the adoption, Belgian nationality is granted to the child if filiation is established with respect to the adoptive parent or the spouse thereof.
The person to which Belgian nationality was granted pursuant to the paragraph 1, 1 °, keeps this nationality if she has reached the age of eighteen or emancipated at the time filiation is more established. If it has not reached the age of 18 and that it is not emancipated, past deeds when filiation was established and for which the Belgian State is required cannot be challenged on the sole ground that the person concerned had no nationality.
It is same rights acquired before that date.
Belgian nationality granted under paragraph 1, 2 °, is granted from the day where the adoption takes effect, unless on that date, the child has reached the age of eighteen or is emancipated.
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2. Is Belgian following a statement by the parents or the adoptive parents the child born in Belgium and, since its birth, its principal in Belgium and this residence, provided that the parents or the adoptive parents: has) make a statement before the child has reached the age of twelve years;
(b) and have had their main residence in Belgium during the ten years preceding the declaration;
(c) and that at least one of them is allowed or authorised to reside in an unlimited way in Belgium at the time of the declaration.
When the filiation of the child is established with respect to both parents, the declaration referred to in paragraph 1 is made jointly by them.
If the child has been adopted by two people, this statement was made jointly by two adoptive parents.
The declaration of a parent or an adoptive parent is sufficient if the other parent or adopting: a) died;
(b) or is unable to express his will.
(c) or has been declared absent;
(d) or no longer has his principal residence in Belgium, but consents to the assignment of Belgian nationality.
The statement made by a parent or an adoptive parent is also sufficient if: has) the filiation of the child is established only in respect of a parent;
(b) or if the child has been adopted by a single person, unless the adoptive parent is the spouse of the parent, in which case the declaration is made by two interested parties.
The declaration referred to in paragraph 1 is made in accordance with article 15. ».
S. 7. article 11bis of the same Code, inserted by the law of 13 June 1991 and amended by the Act of 27 December 2006, is repealed.
S. 8. article 12 of the same Code is replaced by the following: «art.» 12. in the case of voluntary acquisition or collection of Belgian nationality by an author or an adoptive parent who exercises authority over the person of a child who has not reached the age of eighteen years or is not emancipated before that age, Belgian nationality is attributed to the latter and this, for as much as he has his residence in Belgium. ».
S. 9. article 12bis of the same Code, as last amended by the Act of 27 December 2006, is replaced by the following: «art.» 12bis. § 1. May acquire Belgian nationality by making a declaration in accordance with article 15: 1 ° abroad which: a) has attained the age of eighteen years;
(b) was born in Belgium and stayed legally since birth;
2 ° the foreigner who: has) has attained the age of eighteen years;
(b) and staying legally in Belgium for five years;
(c) and provide proof that the knowledge of one of the three national languages;
(d) and proves its social integration:- or by a diploma or a certificate

issued by an educational institution organized, recognized or funded by a community or by the Royal School military and which is at least the level of upper secondary education;
-either by trained professional to at least 400 hours recognized by a competent authority;
-either in having followed a course of integration provided for by the competent authority of the principal residence at the time where he began his course of integration;
-either by having worked continuously over the past five years as an employed person and/or as a statutory officer appointed in the public service or as a self-employed principal;
(e) and proves its economic participation:-either by having worked for at least 468 working days over the past five years as a salaried worker or statutory agent in the public service;
-either by having paid, in Belgium, in an independent professional activity exercised principally, quarterly social security contributions owed by the self-employed in at least six quarters over the last five years;
The duration of the training followed in the five years preceding the application referred to the 2 ° d), first and / or second indents shall be deducted from the duration of the professional activity required 468 minimum days or the duration of the independent professional activity principally.
3 ° abroad which: a) has attained the age of eighteen years;
(b) and staying legally in Belgium for five years;
(c) and provide proof that 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 Belgian minor child or minor not emancipated;
(e) and proves its social integration:- or property by a diploma or a certificate issued by an educational institution founded, recognized or funded by a community or by the Royal Military Academy, and is at least the level of upper secondary education;
-or by trained professional at least 400 hours recognized by a competent authority, and in having worked, over the past five years, for at least 234 days as employed person and/or statutory officer appointed in the public service or in having paid in Belgium, in an independent principal professional activity the quarterly social security contributions owed by the self-employed for at least three quarters;
-either in having followed a course of integration provided for by the competent authority of the principal residence at the time where he began his course of integration;
4 ° the foreigner who: has) has attained the age of eighteen years;
(b) and staying legally in Belgium for five years;
(c) and proves that it cannot, due to a handicap or disability, employment or economic activity, or has reached the pensionable age;
5 ° the foreigner who: has) has attained the age of eighteen years;
(b) and staying legally in Belgium for ten years;
(c) and provide proof that the knowledge of one of the three national languages;
(d) and justify its participation in the life of its host community. This evidence can be provided by all legal remedies, and contains elements attesting that the applicant took part in economic or socio-cultural community of home life.
§ 2. When target social integration in the § 1, 2 °, d, and in the § 1, 3 °, e, is demonstrated in having completed a course of integration provided by a competent authority which is not the same competent authority than that of the principal residence of the applicant at the time of his application, and, because the applicant has changed principal residence before reaching the target duration in the § 1 , 2 °, b, and § 1, 3 °, b, to settle on the territory of another competent authority, the applicant must also provide proof of knowledge of the language requested by the competent authorities of his residence in the course of integration.
This proof must be provided in the same way as the evidence of the knowledge of one of the three national languages.
§ 3. Previously the signing from abroad, the declaration shall contain the words following, written from the hand of the stranger: "I declare you want to acquire Belgian nationality and submit me to the Constitution, the laws of the Belgian people and the Convention for the protection of the rights of man and fundamental freedoms.".
S. 10. article 13 of the same Code, amended by the law of 6 August 1993 and March 1, 2000, including the title of section 2 of chapter III, is repealed.
S. 11. article 14 of the same Code, as amended by the Act of 6 August 1993, is hereby repealed.
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12. article 15 of the same Code, as last amended by the Act of 27 December 2006, is replaced by the following: «art.» 15 § 1. Abroad issued the statement to the Registrar of civil status of his principal residence.
If the name or surname from abroad is not spelled the same way in the population register, the register of foreigners, criminal records or documents submitted, the application is suspended until the spelling has been standardized in all records and documents.
If abroad has no name or surname, civil status officer offers abroad to introduce free a procedure in accordance with the law of 15 May 1987 on names and names, in which case the application is suspended until the alien has a name and a surname.
§ 2. The civil status officer examines the completeness of the declaration within thirty working days after the filing thereof.
When a declaration is incomplete, the officer offers the applicant the possibility of repairing oblivion within a period of two months. The civil status officer indicates in a form established by the King, by Decree deliberated in the Council of Ministers, what are the parts that are lacking in the statement.
If it is not or not sufficiently made use of the possibility of repairing the oblivion, the application is declared inadmissible.
If the application is complete and admissible and if the registration fee referred to in article 238 of the Code of rights registration, mortgage and registry, was acquitted, the civil status officer shall issue a receipt, within thirty-five days after the filing of the declaration if the declaration was immediately found to be complete either within fifteen working days following the expiry of the deadline from abroad to repair oblivion.
If the application is found to be incomplete, it is given in knowledge by registered letter within thirty days after the filing of the declaration or within fifteen working days following the expiry of the deadline from abroad to repair oblivion. However, the late payment of the registration fee cannot be regularized.
If the receipt or the incompleteness of the statement has not notified in time, the application is deemed complete. The express declaration of inadmissibility may be an action for annulment before the administrative disputes division of the Council of State, as provided for in article 14, § 1, laws on the Council of State, coordinated on 12 January 1973.
The King determines, by deliberate order in Council Ministers, and on the proposal of the Minister of Justice, acts and documents to attach to the application to prove that the conditions are met and that the record was considered complete, as provided for in paragraph 1.
Officer for an opinion, transmits a copy of the entire folder to the Prosecutor of the Court of first instance of the spring, at the latest within five working days of the issuance of the receipt. King's Attorney acknowledges receipt without delay.
While it communicates to the Attorney of the copy of the complete record King, the civil status officer also transmits copies to the Aliens Office and the security of the State.
§ 3. Within four months from the date of the receipt referred to in § 2, the Prosecutor may issue a negative opinion on the acquisition of Belgian nationality when there is an impediment resulting from serious personal facts, it must specify the reasons for its opinion, or where the basic conditions, it must indicate, are not met.
If, in violation of § 2, paragraph 8, the declaration referred to the § 1 is communicated late in the course of the last month of the period, this one is extended Office of one month from the date of communication of the dossier to the Prosecutor of the King.
When the Prosecutor considers should not emit negative opinion, it sends to the officer of civil status a certificate signifying the absence of negative opinion. The statement is immediately registered and referred to under article 22, § 4.
The expiry of the period of four months, if extended in accordance with paragraph (2), and in the absence of negative opinion or transmission of a certificate signifying the absence of negative opinion, the declaration is registered office mentioned under article 22, § 4. However, the absence of communication referred to in § 2, paragraph 8, registration is not necessary and the civil status officer shall immediately inform the person concerned.
Notification of registration is made to the person by the Registrar of civil status.
The declaration has effect from the date.
§ 4. The negative opinion of the Crown Procurator must be motivated.
It is notified to the Registrar of civil status and, by registered letter, to the person concerned through the King's attorney.

§ 5. The person concerned may invite the officer of civil status, by letter, to pass his record to the Court of first instance within fifteen days of the date of receipt of the information referred to:-§ 3, paragraph 4, last sentence;
-in the negative opinion referred to in § 3.
After having heard or known the person concerned, the Court of first instance shall act by way of a reasoned decision on the merits:-the absence of the inclusion of the declaration, referred to in § 3, paragraph 4, last sentence;
-in the negative opinion referred to in § 3.
The decision is notified to the interested party by the registry of the Court of first instance. Within 15 days of the notification, the person and the Prosecutor can appeal the decision by petition to the Court of appeal. The extension of the deadlines because of the recess takes place in accordance with article 50, paragraph 2, of the Judicial Code.
The Court of appeal statue, after receiving the opinion of the Attorney general, and after having heard or known the person concerned.
The citations or notifications are through administrative channels.
Operative of the res judicata a decision whereby the negative opinion is stated not based is sent to the Registrar of civil status by the care of the public Ministry.
The statement is immediately registered and referred to under article 22, § 4.
§ 6. Absence of consent by one of the authors or the adoptive parents required under article 11, § 2, paragraph 2, the declaration might be made by the other author or adopting, before the Registrar of civil status of the principal residence of the child. It shall transmit it immediately to the public prosecutor of the Court of first instance of the spring. The Prosecutor of the King in lists act without delay.
On the advice of the Attorney of the King and after having heard or called the authors or the adoptive parents, the Court of first instance shall decide on the approval of the declaration. It approved it if he considers abusive consent refusal and if the declaration does not purpose other than the interests of the child to be granted Belgian nationality. The decision is motivated.
The decision is notified to the authors or the adoptive parents through the King's attorney. Within 15 days of the notification, the authors or the adoptive parents, as well as the King's Attorney, may appeal the decision of the tribunal, by petition to the Court of appeal.
The Court, after receiving the opinion of the Attorney general and after having heard or referred to the authors or the adoptive parents.
Citations and notifications are done through administrative channels.
The device of the approval decision in res judicata mentions the full identity of the child; It is transcribed to the diligence of the Crown on the register referred to in article 25 of the place of principal residence of the child.
The declaration has effect from the transcript. ».
S. 13. article 16 of the same Code, amended by the law of 6 August 1993 and March 1, 2000, including the title of section 3 of chapter III, is repealed.
S. 14. article 17 of the same Code, as amended by the Act of 1 March 2000, including the title of section 4 of chapter III, is repealed.
S. 15 section 5 of chapter III of the Code is numbered 2.
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16. article 19 of the same Code, as amended by laws of March 1, 2000 and December 27, 2006, is replaced by the following: «art.» 19 § 1. In order to apply for naturalisation, the interested party shall: 1 ° having reached the age of eighteen years;
2 ° stay legally in Belgium;
3 ° and to testify or be able to testify at the Belgium of exceptional merit in scientific, sporting and socio-cultural areas and, thereby, be able to make a particular contribution to the international influence of the Belgium;
4 ° and motivate why it is almost impossible to acquire Belgian nationality by making a declaration of nationality in accordance with article 12bis.
To take advantage of exceptional merit, the person concerned must, under penalty of inadmissibility, be able to provide proof of the following: 1 ° in case of exceptional merit in science: a doctorate;
2 ° in case of exceptional merits in the field of sport: have met the international selection criteria or the criteria imposed by the COIB for a championship of Europe, a world championship or Olympic Games, or to find where the concerned sport federation considers that he or she can represent added value for the Belgium under the knock-out stages or finals of a European Championship a championship of the world or the Olympic Games.
3 ° in case of exceptional merit in the socio-cultural field: reaching the international final selection of a cultural competition or be rewarded on the international stage because of its merits on cultural or due to its social investment and societal.
§ 2. Naturalization may also be requested by an eighteen years old foreigner who has the status of a stateless person in Belgium under the international conventions which are in force, and who is legally staying in Belgium for two years at least.
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S. 17. article 21 of the same Code, replaced by the law of 13 April 1995 and amended by the law of December 22, 1998-December 27, 2006, is replaced by the following: «art.» 21 § 1. The naturalization application is addressed to the officer of the civil registry of the place where the person concerned has his principal residence or the House of representatives.
Application forms, whose content is fixed by the King on the proposal of the Minister of Justice, can be obtained in local administrations.
The King, on the proposal of the Minister of Justice, determines the acts and documents to attach to the request to provide evidence that the conditions laid down in article 19 are met. The applicant may include in its application any other documents it deems appropriate to justify.
The application form is signed by the applicant, which precedes its signature of the handwritten: "I declare you want to acquire Belgian nationality and submit me to the Constitution, the laws of the Belgian people and the Convention for the protection of the rights of man and fundamental freedoms."
§ 2. If the name or surname from abroad is not spelled the same way in the population register, the register of foreigners, criminal records or documents submitted, the application is suspended until the spelling has been standardized in all records and documents.
If abroad has no name or surname, civil status officer or the House of representatives propose abroad to introduce free a procedure in accordance with the law of 15 May 1987 on names and names, in which case the application is suspended until the alien has a name and a surname.
§ 3.
The officer of civil status or the House of representatives shall issue an acknowledgement of receipt of the application for naturalization when the file is considered complete and the registration fee provided for in article 238 of the Code of registration fees, mortgage and registry was acquitted.
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4. The application for naturalization shall lapse if, after its introduction, its author ceases to be legally in Belgium or to have his main residence.
§ 5. If the naturalization application is addressed to the Registrar of the civil State, it transmits the, as well as the material referred to the § 1, paragraph 3, which provided, in the House of representatives within a period of 15 days following its reception.
The House of representatives shall issue to the applicant a receipt attesting the filing of a complete application file. At the latest within five working days following the filing of the application for naturalization, a copy thereof, to which a copy of the receipt is attached, is sent by the House of representatives to the public prosecutor of the Court of first instance of the principal residence of the applicant, the Office of foreigners and the security of the State, for an opinion to be provided within a period of four months on the criteria laid down in article 19 and the circumstances under in article 15, paragraph 3, as well as on any other element which the Chamber wishes to be informed. King's Attorney, the Aliens Office and the security of the State acknowledge receipt without delay.
If the communication of the application of naturalization by the House of representatives does not in accordance with the time limit prescribed in paragraph (2) and it occurs during the last month of the period, it will be extended office of one month from the date of communication to the three instances referred to in paragraph 2.
Notice is deemed positive in the absence of observations by the Prosecutor's office, the Office for foreigners and the security of the State within a period of four months, possibly extended in accordance with paragraph (3), from the date of the filing of a complete dossier of application to the House of representatives.
The House of representatives shall decide on the granting of naturalization according to the rules laid down in its rules of procedure. Integration and the knowledge of one of the three national languages are elementsimportants in this regard, which are specified by the commission of naturalizations in regulations.
§ 6. The Naturalization Act, passed by the House of representatives and sanctioned by the King on the proposal of the Minister of Justice, is published in the Moniteur belge. This Act has effect as of the date of this publication. ».
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18. at article 22 of the same Code, amended by the Act of 27 December 2006, the following changes are made: 1 ° in the § 1, 2 ° is supplemented by the sentence

Next: "If this acquisition or recovery does not immediately follow the declaration of surrender and has, moreover, result in the person concerned stateless, this statement produces legal effects at the time of the acquisition or effective of foreign nationality recovery;";
2 ° in the § 1, 7 °, 'of the article 23' shall be replaced by the words "articles 23 and 23/1.
3 ° in § 4, first sentence, in the Dutch text, the words «of belanghebbende» are replaced by the words "degene die verklaring aflegt";
4 ° in § 4, the phrase "these statements are, in addition, mentioned in margin of the birth certificate drawn up or transcribed in Belgium." is repealed.
S. 19. article 23, § 1, 1 °, replaced by the law of 27 December 2006, of the Code is replaced by the following: "1 ° if they have acquired Belgian nationality as a result of fraudulent conduct, by false information, by false in writing and/or use of false or falsified documents, identity fraud or fraud in obtaining the right of residence;
S. 20. in chapter IV of the same Code it is inserted an article 23/1 as follows: «art.» 23/1. § 1.
The deprivation of Belgian nationality can be imposed by the judge at the request of the Crown with respect to Belgians who do not take their nationality of a Belgian author on the day of their birth and Belgians who were not allocated their nationality under article 11, § 1, paragraph 1, 1 ° and 2 °: 1 ° if they were sentenced as author, co-author or accomplice, a sentence of imprisonment of at least five years without sentence for an offence referred to in articles 101 to 112, 113 120bis, 120quater, 120sexies, 120octies, 121-123, 123ter, 123quater, paragraph 2, 124-134, 136A, 136ter, 136quater, 136quinquies, 136sexies and 136septies, 137, 138, 139, 140, 141, 331bis, 433octies 433quinquies, 477-477sexies and 488bis of the penal Code and articles 77A , 77ter, 77quater and 77quinquies of the law on aliens, insofar as the facts their alleged were committed within ten years from the date of obtaining Belgian nationality, with the exception of the offences referred to in articles 136A, 136ter and 136quater of the Criminal Code;
2 ° if they have been convicted, as author, co-author or accomplice to a term of imprisonment of five years without a sentence for an offence of which the commission was obviously 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 this marriage was annulled due to marriage of convenience as described in article 146bis of the civil Code, subject to the provisions of sections 201 and 202 of the civil Code.

§ 2. J. do not pronounce the forfeiture in the event that it would have the effect of rendering the person concerned stateless, unless citizenship was acquired as a result of fraudulent conduct, false information or concealment of a material fact. In this case, judge grants the person concerned a reasonable time so that it can try to recover the nationality of his country of origin.

§ 3. When the judgment pronouncing the deprivation of Belgian nationality was sunk in res judicata, its device, which must include the full identity of the person concerned, is transcribed in the register referred to in article 25 by the Registrar at the principal residence of the person concerned in Belgium or, failing that, by the officer of the civil status of Brussels.
The revocation has effect from the transcript.
§ 4. The person who has been deprived of Belgian nationality under this section cannot be again Belgian only by naturalization. ».
S. 21 section 24 of the same Code, the following changes are made: 1 ° in the 1st paragraph, replaced by the Act of 6 August 1993 and amended by the Act of 1 March 2000, the words 'and that he had his principal residence in Belgium during the twelve months preceding the declaration' shall be replaced by the words ', he has his principal residence in Belgium for at least 12 months '. , on the basis of uninterrupted legal residence, and whether, at the time of the statement, admitted or authorized to stay for an unlimited duration. »;
2 ° in paragraph (2), replaced by the law of December 22, 1998, the words "If the latter condition is not fulfilled or" are repealed.
S.
22. in article 25 of the same Code, amended by the Act of March 1, 2000, the following changes are made: 1 ° in the paragraph 1, the words ' articles 12bis, 13 to 17 and 24' shall be replaced by the words "articles 12bis, 15 and 24.
2 ° paragraphs 2 and 3 are repealed.
CHAPTER 3. -Changes of Code's registration fees, mortgage and registry arts 23. in title I of the Code of registration fees, mortgage and registry, the title of Chapter XVIII is replaced by the following: ' Chapter XVIII. -Special law on nationality, the letters patent of nobility and the permissions to change name or names.
S. 24. in article 237 of the same Code, as last amended by the Act of 24 December 1998, 'nationality', is inserted between the words "special on" and the words "letters patent".
S. 25. in the same Code, the Ire section, which will include article 238, is restored in the following wording: «Section Ire. -Nationality art.
238. it is seen right on the acquisition of Belgian nationality procedures laid down in chapter III of the Code of Belgian nationality.
The law amounts to 150 euros.
The right must be paid before the introduction of the request or prior to the filing of the declaration. ».
S. 26. article 249 of the Code, replaced by the law of 15 May 1987 and amended by the Act of 5 May 1998 and the royal decree of 20 July 2000, is supplemented by a § 4 worded as follows: ' ' § § 4 4 The right is not due in the case of change of name or surname referred to in articles 15 and 21 of the Code of Belgian nationality. ».
CHAPTER 4. -Changes of Code judiciary art. 27. in article 569 of the Judicial Code, as last amended by the Act of June 2, 2010, 22 ° is replaced by the following: '22 ° of the declarations referred to in articles 11, § 2, and 12 bis of the Code of Belgian nationality and statements or claims based on articles 24, 26 and 28 of the Code;'.
S. 28 section 604 of the Code is replaced by the following: ' without prejudice to the cases referred to in article 23/1, § 1, of the Code of Belgian nationality, the Court of appeal knows actions for deprivation of nationality.»
S. 29 article 628, 9 °, of the same Code, as last amended by the Act of March 1, 2000, the following changes are made: 1 ° 'article 11bis' shall be replaced by the words "article 11, § 2,";
2 ° "in the case of an application referred to in article 12bis or statements that are based on articles 15 to 17, 24, 26 and 28 of the Code" shall be replaced by the words "in the case of a declaration referred to in article 12bis or statements or claims based on articles 24, 26 and 28 of the Code;"
CHAPTER 5. -Changes of 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 submitted an application on the basis of articles 15 and 21 of the Code of Belgian nationality.'.
S. 31. in article 38 of the Code, a written as follows is inserted between paragraphs 1 and 2: "the change of name or voluntary name in the acquisition of Belgian nationality, referred to in articles 15 and 21 of the Code of Belgian nationality, is governed by the Belgian law.".
CHAPTER 6. -Entry into force and transitional provisions art.
32 § 1. This Act comes into force January 1, 2013, with the exception of articles 18 to 22, which come into force the day of its publication in the Moniteur belge.
§ 2. Claims and statements submitted before 1 January 2013 shall remain subject to the previously applicable provisions. The articles 22, 23, 23/1, 24 and 25 of the Belgian Nationality Code, as amended by sections 18 to 22 of this Act are immediately applicable to all pending statements and applications.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 4 December 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session 2010-2011.
House of representatives.
Documents.
-Proposal of law of Ms. Van Cauter and others, 53-0476 - No. 1. -Amendments 53-0476 - No. 2 to 10. -Notice of the State Council, 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 meeting and forwarded to the Senate, 53-0476 - No. 21.
Compte rendu intégral. -24 and October 25, 2012.
Senate.
Documents. -Project not mentioned by the Senate, 5-1827 - No. 1.