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9 MARCH 1998. - An Act to amend 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 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. An article 57/5bis, as follows, is included in the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens:
"Art. 57/5bis. - If they lack the dignity of their duties or the duties of their state, the Commissioner-General for Refugees and Stateless Persons and his deputy may, as the case may be, be suspended or revoked.
The suspension shall be ordered by the Minister by ministerial order for a period of not less than seven days and not more than six months and shall be deprived of treatment for a period of time.
The revocation is ordered by the King by royal decree deliberated in the Council of Ministers, at the request of the Minister.
The King determines the disciplinary procedure. »
Art. 3. In section 74/5 of the Act, inserted by the Act of 18 July 1991 and amended by the Act of 15 July 1996, the following amendments are made:
1° § 3, paragraph 1^er, is replaced by the following paragraph:
"The duration of the stay in a specified location located at the border cannot exceed two months. However, the Minister or his delegate may extend the maintenance of the foreigner referred to in § 1^erper two-month period:
1° if the foreigner is subject to an enforceable refoulement measure, a decision to refuse an enforceable entry or a confirmed decision to refuse an enforceable entry;
2° and if the necessary steps for the removal of the alien were taken within seven working days of the decision or measure referred to in 1°, are pursued with all due diligence and there is still a possibility of effectively moving the alien within a reasonable time. »;
2° § 4 is replaced by the following provision:
Ҥ4. Is authorized to enter the Kingdom:
1° the foreigner referred to in § 1^er which, at the expiry of the two-month period, is not subject to any decision or enforceable measure provided for in § 3, paragraph 1^er1°;
2° the foreigner referred to in § 1^er which is the subject of a decision or enforceable measure provided for in § 3, paragraph 1^er1°, where, at the expiry of the two-month period, if extended, the Minister or his delegate makes no decision to extend the period;
3° the foreigner referred to in § 1^er with a total duration of eight months. »
3° to § 5, the following amendments are made:
(a) the following paragraph shall be inserted before paragraph 1^er :
"The refoulement measure taken in respect of the foreigner referred to in § 4, which is authorized to enter the Kingdom, shall be assimilated in full right to an order to leave the territory within the meaning of Article 7, paragraph 1^er. »
(b) the current paragraph 2, which becomes paragraph 3, is replaced by the following provision:
"Unless otherwise provided by the law, the order to leave the territory or the decision to refuse to stay has a deadline to leave the territory. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 March 1998
ALBERT
By the King:
The Minister of the Interior,
J. VANDE LANOTTE
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK

(1) Regular session 1996-1997.
House of Representatives:
Parliamentary documents. - Bill No. 1204/1. Amendments, No. 1204/2 and 1204/4. Report, no. 1204/3. Text adopted in plenary and transmitted to the Senate, No. 1204/5.
Annales parliamentarians. - Discussion and adoption. Meetings of 26 and 27 November 1997.
Senate:
Parliamentary documents. - Project transmitted by the Chamber, No. 1-797/1. Project not referred to by the Senate, No. 1-797/2.