Advanced Search

Act Amending The Aliens Act (Disclosure Of Information To The Public Prosecutor's Office, The Implementation Of The Sis Ii Regulation, Etc.) Reprinted Definitive Series

Original Language Title: Lov om ændring af udlændingeloven(Videregivelse af oplysninger til anklagemyndigheden, gennemførelse af SIS II-forordningen m.v.) Omtryk

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the Change of the Alien Act

(The disclosure of information to the Public Prosecutor, the implementation of the SIS II Regulation and others)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

Law no. 431 of 1. June 2008 amending the law of foreigners. (Implementation of the Regulation on the Visa Information System (Visa Information System) is hereby amended as follows :

1. § 1, no. 2, revoked.

2. I Section 2 (2). 2, the words ' 2 ` shall be deleted.

§ 2

In the law of foreigners, cf. Law Order no. 808 of 8. July 2008, as amended by law no. 431 of 1. June 2008, the following changes are made :

1. I § 2 a pasted as paragraph 4-9 :

" Stop. 4. The provisions of the regulation of the European Parliament and of the Council on the Visa Information System (VIS) and the exchange of information between Member States on short-stay visas (the Visa Regulation) are applicable here in the country.

Paragraph 5. The provisions of the Regulation of the European Parliament and of the Council amending the Common Consular Instructions to the diplomatic and consular representations with regard to the introduction of biometric characteristics, including the organisation of the provisions for the organisation of the Treaty ; the reception and processing of visa applications shall apply here in the country.

Paragraph 6. Consultation on access to the visa information system (VIS) for the designated authorities in the Member States and for Europol with a view to prevention, detection and investigation of terrorist acts and other serious criminal offences ; is the case in this country.

Paragraph 7. The Minister for Refugees, immigrants and integration may lay down rules on the admission of persons photography and fingerprints of a foreigner seeking a visa for Denmark.

Paragraph 8. The SIS II Regulation is the Regulation on the establishment, operation and use of the second generation Schengen Information System (SIS II), with a subsequent amendment.

Niner. 9. The second generation of the Schengen Information System (SIS II) is understood in this law.

2. I § 9 (c) (c) 7, the ' paragraph shall be amended Five shall : ' shall mean the following : SIX. "

3. I § 9 (c) (c) 8, the ' paragraph shall be amended 6 ` shall be replaced by the following : 7 ".

4. I ~ 10 (1)) 2, no. 4, the 'Schengen Information System' is replaced by the 'SIS II' and the 'Schengen Information System', and 'the Schengen Information System' is replaced by the 'SIS II Regulation'.

5. Section 19 (1). 3, ITREAS :

" Stop. 3. A time-limited or temporary residence permit may always be included if a foreigner who is not a national of a Schengen country or country that is connected to the European Union is reported to SIS II as unwanted in pursuits of the SIS ; The second Regulation, in the light of circumstances in this country, could lead to deportation in accordance with Chapter 4. The same applies if the foreigner has been reported to SIS II as the unwanted, because the person concerned is subject to restrictive measures in the form of restrictions on entry and passage through the United Nations or the United States ; European Union. Involsion after 1. and 2. Act. shall be carried out after consultation pursuant to Article 25 of the Schengen Convention with the authorities of another Schengen country. ` ;

6. I § 19 pasted as paragraph 10 :

" Stop. 10. For decisions on the withdrawal of residence permits in accordance with paragraph 1, 3, which are justified in the fact that the foreigner has been reported to SIS II as the unwanted, because the person concerned is subject to restrictive measures in the form of restrictions on entry and passage through the United Nations or the United States ; European Union, the provision in section 26 (3). 2, equivalent use. `

7. I § 28, paragraph 1. 1, no. 6, the 'Schengen Information System' is replaced by the 'SIS II' and the 'Schengen Information System', and 'the Schengen Information System' is replaced by the 'SIS II Regulation'.

8. I Section 33 (4). THREE, ONE. pkt., ', however, not a residence permit in accordance with section 9 (a) (a) ; 20. "

9. I § 40 a, paragraph. 2, no. 3, ' or ' shall be deleted ;

10. I § 40 a, paragraph. 2, no. 4, the "in question". to : "in question, or".

11. I § 40 a, paragraph. 2, pasted as no. 5 :

" 5) if the foreigner is covered by Section 58 g. ` ;

12. I § 40 a pasted as paragraph 10 :

" Stop. 10. The opting of fingerprints must take place as well as circumstances allow it. The intervention may, if necessary, be carried out with the necessary force of use. `

13. I § 40 (b) (b) 2, no. 2, in the case of "or" to : ".

14. I § 40 (b) (b) 2, no. 3, the "in question". to : "in question, or".

15. I § 40 (b) (b) 2, pasted as no. FOUR :

" 4) if the foreigner is covered by Section 58 g. ` ;

16. I § 40 b pasted as paragraph 10 :

" Stop. 10. Recording of personal photography must be so scroly, as circumstances allow. The intervention may, if necessary, be carried out with the necessary force of use. `

17. I § 42 j, paragraph. 1, is inserted after no 2 as new number :

" 3) facilities for the use of detention in accordance with section 35 (3) ; 1, no. Paragraph 1 and paragraph 1. 2, of persons who have been sentenced and sentenced to the sentence, where appropriate, and who are only in custody with a view to ensuring the effective enforcement of expulsion ; '

Amendments Nos 3 and 4 are then number two. 4 and 5.

18. I § 42 j, paragraph. 1, no. 4, No, no. The number of ' no. One-three-to-one. ONE-FOUR.

19. I § 45 c pasted as paragraph 2 and 3 :

" Stop. 2. The authorities referred to in paragraph 1. In addition, at the request of the Public Prosecutor without the consent of the foreigner, information may disclose information from one or more cases under this law, to the extent that the disclosure must be considered to be of relevance to the prosecution's identification and the prosecution of persons suspected of crimes with a penalty of penalties of 6 years or more committed in or outside Denmark.

Paragraph 3. The authorities referred to in paragraph 1. In addition, at the request of the Public Prosecutor without the consent of the foreigner, information may disclose information from one or more cases under this law, to the extent that the disclosure must be assumed to be relevant to the prosecution's identification of victims, for or witnesses to a specific crime involving a sentence of 6 years or more committed in or outside Denmark. ` ;

20. I § 58 g pasted as paragraph 2 :

" Stop. 2. The chief police officer may report a foreigner who is not a national of a Schengen country or a country connected to the European Union, which is unwanted for SIS II, if the foreigner is subject to restrictive measures in the form of restraints. with regard to the entry and passage of the United Nations or of the European Union. `

§ 3

Paragraph 1. The law shall enter into force on 1. In March 2009, cf. however, paragraph 1 2.

Paragraph 2. The Minister for Integration shall fix the date of entry into force of the section 2 (a) (1) of the foreigners. 4-9, section 10, paragraph 10. 2, no. 4, section 19 (4). 3, section 19, paragraph. 8, section 28 (4). 1, no. 6, section 40 a, paragraph. 2, section 40 (b) (b). 2, and section 58 g (s), 2, as written in Article 2 (2) of the Act of Law. 1, 4, 5-7, 9-11, 13-15 and 20.

§ 4

The law does not apply to the Faroe Islands and Greenland, but can, by means of a royal contraption, be fully or partially put into force for these parts of the village, with the deviations which are attributed to the special ferry or Greenland conditions.

The one in Marselisborg Castle, the 27th. December 2008

Under Our Royal Hand and Segl

MARGRETHE R.

/ Birthe Rønn Hornbech

Retryksnote
  • 13-01-2009 :
  • Law No 1398 of 27. December 2008 is reprinted because of the re-printing of Bill L 11 of 8. October 2008, which adopted at third reading on 19. December 2008.
    In section 2, the change point 5, which contains a recent version of the section 19 (19) of the foreigners. 3, is 2. Act. : " The same shall apply where the foreigner has been reported to SIS II as the undesirable, because the applicable subject is covered by restrictive measures in the form of restrictions on entry and passage through the United Nations or the United States ; European Union. "Changed to :" The same applies if the foreigner is reported to SIS II as the undesirable, because the person concerned is subject to restrictive measures in the form of restrictions on entry and passage through the decision of the Commission ; United Nations or the European Union. '