Advanced Search

An Act To Amend The Laws On The Council Of State, Coordinated On 12 January 1973 And The Law Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners (1)

Original Language Title: Loi modifiant les lois sur le Conseil d'Etat, coordonnées le 12 janvier 1973 ainsi que la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

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

18 AVRIL 2000. - An Act to amend the laws of the Council of State, coordinated on 12 January 1973 and 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:
CHAPTER I. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the laws on the State Council,
contact information on 12 January 1973
Art. 2. In Article 30 of the Laws on the Council of State, coordinated on 12 January 1973, replaced by the Law of 17 October 1990 and amended by the Laws of 4 August 1996 and 25 May 1999, the following amendments are made:
1° paragraphs 1er and 2 form paragraph 1er;
2° Paragraph 3, which becomes paragraph 2, is replaced by the following provision:
Ҥ2. The King may, by order deliberately in the Council of Ministers, establish specific rules of procedure for the processing of applications that are not, manifestly inadmissible, manifestly unfounded or manifestly based by derogating, as appropriate, from article 90.
Without prejudice to the previous paragraph, it may also, by order deliberately in the Council of Ministers, establish specific rules for the composition of the chambers, time and procedure for the processing of requests against a decision taken under the laws on access to territory, residence, establishment and removal of aliens by derogating, as appropriate, from paragraph 1er and articles 14, 17, 18, 21, 21bis and 90. It may also set specific rules for the processing of applications that call only brief debates. »;
3°, a paragraph 3 is added as follows:
Ҥ3. In the matter referred to in paragraph 2, paragraph 2,
(a) the procedure is, except in writing;
(b) the decision adjudicating in return, the appeal for annulment or the appeal for cassation is not subject to opposition or third-party opposition or revision. "
Art. 3. In Article 35 of the same coordinated laws, the words "Article 30, paragraph 2" are replaced by the words "Article 30, § 1erParagraph 2."
Art. 4. In section 69 of the same coordinated laws, replaced by the Act of 4 August 1996 and amended by the Act of 25 May 1999, the following amendments are made:
1° the words "of thirty-eight members, being a first president, a president, ten chamber presidents and twenty-six state councillors" are replaced by the words "seventy-two members, being a first president, a president, twelve chamber presidents and twenty-eight state councillors";
2° the words "50 first listeners, listeners and assistant auditors" are replaced by the words "50 first listeners, listeners and assistant auditors";
3° the words "and seventeen clerks" are replaced by the words "and twenty-three clerks".
Art. 5. Article 86, paragraph 1er, the same coordinated laws, replaced by the Act of 4 August 1996, are replaced by the following paragraph:
"The administration section is divided into eleven rooms: five French-language rooms, five Dutch-language rooms and one bilingual room, each composed of three members. »
Art. 6. Paragraphs 2 and 3, inserted by the laws of 4 August 1996 and 8 September 1997, are replaced by the following paragraphs:
"Two Dutch-language chambers have priority over requests made against administrative decisions taken under the laws on access to territory, residence, establishment and removal of foreigners.
Two French-language chambers have priority over requests made against administrative decisions taken under the laws on access to territory, residence, establishment and removal of foreigners. »
CHAPTER III. - Amendment of the Act of 15 December 1980
on access to territory, residence, establishment
and the removal of aliens
Art. 7. Section 70 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, replaced by the Act of 10 July 1996, is repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Alost on 18 April 2000.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE.
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 1999-2000
House of Representatives:
Parliamentary documents. - Bill No. 441/1. - Erratum, no. 441/2. - Amendment, No. 441/3. - Report, number 441/4. - Text adopted by the Commission, No. 441/5. - Text adopted in plenary and transmitted to the Senate, No. 441/6.
Annales of the House of Representatives. - Discussion and adoption. Session of March 16, 2000.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 373/1. - Report, no. 373/2. - Text adopted by the Commission, No. 373/3. - Text adopted in plenary and subject to Royal Assent, No. 373/4.
Annales of the Senate. - Discussion and adoption. Session of 6 April 2000.