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Act Amending Article 57/12 Of The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners (1)

Original Language Title: Loi modifiant l'article 57/12 de la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (1)

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16 MARCH 2005. - An Act to amend section 57/12 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Section 57/12 of the Act of 15 December 1980 on Access to Territory, Residence, Establishment and Displacement of Aliens, inserted by the Act of 14 July 1987, replaced by the Act of 18 July 1991 and amended by the Act of 6 May 1993, the Royal Decree of 31 December 1993 and the Acts of 15 July 1996 and 9 March 1998, are amended as follows:
1° in paragraph 1er, the words ", an administrative jurisdiction" are inserted between the words "The Standing Refugee Board" and the words "is composed";
2° Paragraph 3 is replaced by the following paragraph:
"The treatment of the appeal is done by a permanent member sitting alone, either a president or an assessor delegated by him. When the chair or the delegated assailant is of the opinion, after consideration of the request or after the hearing, that the case raises questions of principle, he shall refer the treatment of the recourse to a three-member board, of which he or she may be a party";
3° in paragraph 5, the word "thousand" is replaced by the word "thousand-five" and the second and third sentences are repealed;
Paragraph 5 is supplemented as follows:
"They must demonstrate at least five years of useful experience in the field of foreigners";
5° in paragraph 7, the word "thousand" is replaced by the word "thousand-five".
Art. 3. This Act comes into force on the day of its publication in the Belgian Monitor, with the exception of Article 2, 3°, with respect to the replacement of the word "30" and the repeal of the second sentence, 4° and 5°, which are only applicable for the designations that take place after it comes into force.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 March 2005.
ALBERT
By the King:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
House of Representatives.
Parliamentary documents. - Bill No. 51-1449/1. - Amendments, No. 51-1449/2. - Report, no. 51-1449/3. - Text corrected by the Commission, No. 51-1449/4. - Text adopted in plenary and transmitted to the Senate, No. 51-1449/5.
Annales parliamentarians. - Discussion and adoption. Session of January 27, 2005.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-1005/1. - Report, number 3-1005/2. - Text adopted in plenary and subject to Royal Assent, No. 3-1005/3.
Annales parliamentarians. - Discussion and adoption. Session of February 17, 2005.