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

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Posted the: 2012-03-30 Numac: 2012000199 Interior FEDERAL PUBLIC SERVICE March 15, 2012. -Act amending the Act of 15 December 1980 on access to the territory, residence, the establishment and the expulsion of aliens and the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights of the victim under the modalities of execution of the sentence (1) ALBERT II, King of the Belgians , A all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Provisions General Article 1. 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 the territory, residence, establishment and removal of aliens arts 2. in article 39/2, § 1, paragraph 3, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, inserted by the law of September 15, 2006, the words ' the decision referred to in article 57/6, paragraph 1, 2 °» are replaced by the words ' decisions referred to in articles 57/6, paragraph 1, 2 ° and 1-6-57.
S.
3. in article 39/81, paragraph 1, of the same Act, inserted by the law of 15 September 2006 and amended by laws on May 4, 2007, 23 December 2009-29 December 2010, the words '-39/76, § 3, paragraph 1; "are replaced by the words '-39/76, § 3 paragraph 1, with the exception of appeals regarding the decisions referred to in articles 57/6. , 1st paragraph, 2 ° and 57/6/1, which are treated in accordance with article 39/76, § 3, paragraph 2; ».
CHAPTER 3. -Amendments to the law of 17 May 2006 relating to the legal status external in persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing of sentencing s. 4. in title IV of the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and rights to the victim under the modalities of execution of the sentence, it is inserted a chapter V, including article 20/1, as follows: 'chapter v '. Release to a removal or a transfer to a place that falls within the competence of the appropriate Minister for access to the territory, residence, establishment and expulsion of aliens for their imminent removal s. 20/1.
The convicted person which is the subject of a royal decree enforceable expulsion, a ministerial order enforceable removal order or an order to leave the binding with proof of actual distance, can be the subject of a removal order or a transfer to a place that is the responsibility of the appropriate Minister for access to the territory, residence, establishment and removal of foreigners, for his removal imminent from two months before the end of the enforceable part of the deprivation of liberty to which he was sentenced. The Minister or his representative authorizes his release for this purpose"art. 5. article 60 of the same Act, amended by the law of 27 December 2006, is supplemented by a paragraph as follows: 'paragraphs 1 and 2 shall apply to the decisions granting bail to the removal from the territory of a convicted person which is the subject of a royal decree enforceable expulsion, a ministerial order of enforceable removal order or an order to leave the binding with proof of actual distance.
In this case, the judgment becomes enforceable at the time of the actual removal or transfer to a place that falls within the competence of the Minister competent for access to the territory, residence, establishment and removal of foreigners, and this, no later than ten days after the award decision has been leaked in force of res judicata. "Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, March 15, 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 to asylum, Immigration and Social Integration, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records of the House of representatives: 53-1913-2011/2012 : No. 1: text adopted in plenary meeting and transmitted to the Senate.
Full report: 24 November 2011.
The Senate documents: 5-1364-2011/2012: No. 1: draft transmitted by the House of representatives.

No. 2: amendments.
No. 3: report.
No. 4: Text adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: February 16, 2012.
See also: records of the House of representatives: 53-1825-2011/2012: N ° 1: Bill.
No. 2: Appendices.
Nos. 3 to 5: amendments.
No. 6: report.
our 7 and 8: texts adopted by the commission.
Nos. 9 and 10: amendments.
No. 11: Text adopted in plenary meeting and transmitted to the Senate.
Full report: 24 November 2011.
The Senate documents: 5-1363-11 / 2012: No. 1: project not referred by the Senate.

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