Advanced Search

Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, The Establishment And The Expulsion Of Foreigners And Act Of 17 May 2006 On The External Legal Status Of Persons Sentenced To Deprivation Of Liberty And The Dr

Original Language Title: Loi modifiant la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers et la loi du 17 mai 2006 relative au statut juridique externe des personnes condamnées à une peine privative de liberté et aux dr

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

15 MARCH 2012. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Act of 15 December 1980
on access to territory, residence, establishment and removal of aliens
Art. 2. In Article 39/2, § 1er, paragraph 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the Act of 15 September 2006, the words "the decision referred to in Article 57/6, paragraph 1er, 2°" are replaced by the words "the decisions referred to in articles 57/6, paragraph 1er, 2° and 57/6/1".
Art. 3. In article 39/81, paragraph 1erof the same law, inserted by the law of 15 September 2006 and amended by the laws of 4 May 2007, 23 December 2009 and 29 December 2010, the words " - 39/76, § 3, paragraph 1er;) are replaced by the words " - 39/76, § 3 paragraph 1erwith the exception of appeals relating to the decisions referred to in articles 57/6, paragraph 1er, 2° and 57/6/1 which are treated in accordance with Article 39/76, § 3, paragraph 2; "
CHAPTER 3. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 4. In Title IV of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, a chapter V, including section 20/1, is inserted as follows:
“Chapter V. From liberation for removal or transfer to a place that falls within the competence of the competent Minister for access to the territory, residence, establishment and removal of aliens for their imminent removal
Art. 20/1. A convict who is the subject of a royal order of executory expulsion, a ministerial order of enforceable dismissal, or an order to leave the enforceable territory with proof of effective removal, may be subject to an effective removal or transfer to a place that falls within the competence of the competent minister for access to the territory, residence, establishment and imminent expulsion The Minister or his delegate authorizes his release for this purpose. »
Art. 5. Section 60 of the Act, as amended by the Act of 27 December 2006, is supplemented by a paragraph written as follows:
"Paragraphs 1er and 2 do not apply to the decisions of granting a provisional release for the removal of the territory of a convict who is the subject of a royal order of executory expulsion, a ministerial order of enforceable dismissal or an order to leave the enforceable territory with evidence of effective removal. In this case, the judgment becomes enforceable at the time of the effective removal or transfer to a place that falls within the competence of the competent Minister for access to the territory, residence, establishment and removal of aliens, no later than ten days after the decision to grant was cast as a force of evidence. »
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 15 March 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
The Secretary of State for Asylum, Immigration and Social Integration,
Ms. M. De BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
53-1913 -2011/2012:
No. 1: Text adopted in plenary and transmitted to the Senate.
Full report: 24 November 2011.
Documents of the Senate:
5-1364 -2011/2012:
No. 1: Project transmitted by the House of Representatives.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted in plenary and subject to Royal Assent.
Annales du Sénat : 16 février 2012.
See also:
Documents of the House of Representatives:
53-1825 -2011/2012:
No. 1: Bill.
Number 2: Annexes.
No. 3-5: Amendments.
Number 6: Report.
nbones 7 and 8: Texts adopted by the Commission.
No. 9 and 10: Amendments.
No. 11: Text adopted in plenary and transmitted to the Senate.
Full report: 24 November 2011.
Documents of the Senate:
5-1363 -11/2012:
No. 1: Project not referred to by the Senate.