Posted the: 2012-02-17 Numac: 2012000080 Interior FEDERAL PUBLIC SERVICE November 16, 2011. -Law inserting article 74/9 in the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, with regard to the prohibition of detention of children in closed centres (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2 the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, is inserted in article 74/9 read as follows: art. 74/9. § 1. A family with minor children who entered in the Kingdom without satisfying the conditions laid down in articles 2 or 3, or whose stay has ceased to be regular or irregular, is in principle not placed in a place such as referred to in article 74/8, § 2, unless it is adapted to the needs of families with minor children.
§ 2. The family with underage children trying to enter the Kingdom without satisfying the conditions laid down in articles 2 or 3 can, to proceed with the removal, be maintained in a specific place, tailored to the needs of families with minor children, and located at the borders, for a duration as short as possible.
§ 3. The family referred to the § 1 has the ability to reside, under certain conditions, in a home personal, unless one of the members of the family is located in one of the cases provided for in article 3, paragraph 1, 5 ° to 7 °. If the family is unable to reside in a personal dwelling, it will be under the same conditions, a assign of a place of residence in a place such as referred to in article 74/8, § 2, adapted to the needs of families with children.
The conditions to which the family must satisfy are formulated in an agreement between the family and the Office for foreigners.
The King determines the content of the convention, as well as the penalties for non-compliance with the convention.
The family can be placed in a place such as referred to in article 74/8, § 2, for a limited period if it does not meet the conditions referred to in paragraph 2, unless other measures radical but less restrictive can effectively be implemented.
§ 4. The family referred to in §§ 1 to 3 was awarded a support officer who accompanies, informs it and advises.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Brussels, 16 November 2011.
ALBERT by the King: Deputy Prime Minister and Minister responsible for the policy of migration and asylum, Ms. J. MILQUET. the Secretary of State to the policy of Migration and asylum, M.
WATHELET sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) records of the House of representatives: 53-326-SE 2010: No. 1: Bill of Ms. Lawson et al.
No. 2: amendment.
No. 3: Addendum.
our 4 and 5: amendments.
No. 6: report.
No. 7: Text adopted by the commission.
No. 8: Amendments tabled in plenary.
No. 9: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 20, 2011.
The Senate documents: 5-1182-2011/2012: No. 1 draft not referred by the Senate.