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Law Amending Articles 54, 57/11 And 57/12, 57/14A And 71 Of The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners (1)

Original Language Title: Loi modifiant les articles 54, 57/11, 57/12, 57/14bis et 71 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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belgiquelex.be - Carrefour Bank of Legislation

9 MARCH 1998. - An Act to amend sections 54, 57/11, 57/12, 57/14bis and 71 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. In article 54, § 3, paragraph 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the law of 15 July 1996, the words ", or the Standing Refugee Board of Appeal," are deleted.
Art. 3. Article 57/11, § 2, of the Act, as amended by the Act of 6 May 1993, is repealed.
Art. 4. Section 57/12, paragraph 3, of the Act, inserted by the Act of 14 July 1987 and amended by the Act of 6 May 1993, is repealed.
Art. 5. Article 57/14bis, as follows, is inserted in the same law:
"Art. 57/14bis. Any permanent member of the Permanent Refugee Appeals Board who has lacked the dignity of his or her functions or the duties of his or her state may, as the case may be, be suspended or revoked by a decision rendered by the State Council.
The suspension shall be imposed for a period of not less than seven days and not less than six months and shall be held for a period of time.
The King determines by a royal decree deliberated in the Council of Ministers, the procedure before the Council of State in the matter of disciplinary regime.
The Auditor General or the Deputy Auditor General, on his or her own motion or at the request of the Minister of the Interior, shall hold the Council of State for Disciplinary Action. The action is exercised by the Auditor General or by the Deputy Auditor General according to the provisions of Article 75, paragraph 2, of the coordinated laws on the Council of State. »
Art. 6. Section 71, paragraph 2, of the Act, replaced by the Act of 10 July 1996, is replaced by the following provision:
"The foreigner held in a specified place located at the borders, pursuant to section 74/5, may lodge an appeal against this measure by filing a request with the board of the correctional court in the place where he is maintained. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 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. 1205/1. - Amendments, No. 1205/2. - Report, no. 1205/3. - Text adopted by the Commission, No. 1205/4.
Annales parliamentarians. - Discussion and adoption. Meetings of 26 and 27 November 1997.
Senate:
Parliamentary documents. - Project transmitted by the Chamber, No. 1-798/1. - Report, no. 1-798/2. - Text adopted by the Commission, No. 1-798/3.
Annales parliamentarians. - Discussion and adoption. Meetings of 17 and 19 February 1998.