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Act Amending The Aliens Act And The Act On Municipal And Regional Elections (Creation Of The Aliens Board, As Well As The Right To Vote And To Stand In Municipal And Regional Elections, Etc.)

Original Language Title: Lov om ændring af udlændingeloven og lov om kommunale og regionale valg(Oprettelse af Udlændingenævnet samt valgret og valgbarhed til kommunale og regionale valg m.v.)

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Law on the amendment of the law of foreigners and the law on local and regional elections

(Establishment of the Board of Applause and the right to vote and the choice of eligibility to municipal and regional choices, etc.)

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

In the law of foreigners, cf. Law Order no. 947 of 24. In August 2011, as amended by law no. 572 of 31. 1 May 2010 and Section 1 of the Law No 601 of 14. June 2011 and at the latest at Section 1 of Act 1. 418 of 12. In May 2012, the following changes are made :

1. I § 27 a the following shall be inserted after the ' Extents ' shall be inserted after the ', and after ' the Ministry of Justice ' shall be inserted : `, the Board of Examinals '.

2. I ~ 30 (5)) 3, the following shall be inserted after ' the courts ' shall mean : `, the Board of Exasting.

3. I Section 37 e (3). TWO, ONE. pkt., the ' and the Refugee Board ' shall be replaced by ', the Board of Refugees and the Board of Expanes. `

4. I Section 44 (a) 5, the words ' and the police ' shall be replaced by the following : "the police and the Leaning Board of Leaning."

5. I Section 44 (a) 6, the following shall be inserted after ' Immigration Management Board ' means : `, the Board of Exasting.

6. ~ IN ~ Forty-five a, paragraph. 1 and 2, the following shall be inserted after the ' Refugee Board ' means : `, the Board of Expants.

7. I § 45 (c) (c) 1, the following shall be inserted after the ' Refugee Board ' means : `, the Board of Expants.

8. I § 46, paragraph. 4, in the words ' employment ' shall be replaced by ' the Board of Appeal '.

9. I § 46 a, paragraph. 1, is inserted after ' § 46 e ` : ', section 52 b (b) (b) One and three.

10. § 46 a, paragraph. 2, ITREAS :

" Stop. 2. The Governing Council and Recruiting decisions after that law cannot be complained to the Employment Minister. Except for the decisions referred to in section 9 h (s). FOUR, ONE. pkt., cf. paragraph 1, no. 1-9, 11-14 and 16, and section 33, the Governing and Recruiting Decisions may be imprated to the Expansion Board, cf. § 52 b, paragraph. 2 and 4. "

11. I § 46 b the following shall be inserted after the ' Refugee Board ' means : `, the Board of Expants.

12. The following section 52 is inserted :

" § 52 a. The Board of Appeal shall be composed of 1 President and Vice-Presidents of the Presidency and other members. The members of the Leaning of Levels are independent and may not receive or seek instruction from the appointed or adjusting authority or organisation.

Paragraph 2. The President of the Leaning of the Chairperson shall be the Supreme Court or Supreme Court judge, and the Vice-Presidents must be judges. The other members shall be a lawyer or serve in the Ministry of Justice or the Ministry of Employment.

Paragraph 3. The members of the Leaning of Levels shall be appointed by the Chain of Leaning of the Chain of Levels. The judges shall be appointed by the appointment of the Chief Justice. Lawyers are appointed for counsel from the Board of Counselor. The members who serve in the Ministry of Justice shall be appointed by the Minister for Justice, and those who serve in the Ministry of Employment, be appointed by the Minister for Employment.

Paragraph 4. The members of the drainage are be appointed for a period of four years. Redeform may take place once. A member shall replace the conditions for which the Member ' s order is no longer fulfilled.

Paragraph 5. The President of the Exhibit shall be selected by the Presidency of the Leaning of the Chain of Levels.

Paragraph 6. In the case of the proceedings of the Leaning of the Leaning of a complaint, the chairman or a Vice-President, a lawyer and a Member who are serving in the Ministry of Justice, if the complaint belongs to the Ministry of Justice or a member serving in The Ministry of Employment, whose appeal falls within the remit of the Ministry of Employment, cf. however, section 52 c (s), Five and six. The decisions of the drainal domain shall be taken by the ballot.

Paragraph 7. The question of general guidelines for the work of the Leaning of the Leaning of the Committee shall be carried out in the Committee's Coordination Committee to be joined by the chairman, 1 lawyer and 1 member serving in the Ministry of Justice or in the United States ; The Ministry of Employment. In discussing matters relating to the processing of cases, which are the jurisdiction of the Ministry of Justice, 1 member serving in the Ministry of Justice shall be a member. In discussing matters relating to the processing of cases, which are the subject of the Ministry of Employment, 1 member serving in the Ministry of Employment. The Committee shall consist as far as possible of permanent members designated by the adjusting authority or organisation.

Paragraph 8. The decisions of the drainers shall not be brought to the second administrative authority.

Niner. 9. The President-in-Office of the Leaning Board may ad hoc pruning a member who has been appointed by the Board, to vote on a case that the person concerned previously took part in the treatment of. If the Member who has participated in the proceedings earlier on a case, the President may appoint or ad hoc, a single member to step in that member's place during the continuation of the proceedings.

Paragraph 10. The Minister of Justice shall lay down the Rules of Procedure of the Leaning of the Levels after negotiation with the Employment Minister.

§ 52 b. In the case of the Immigration Board, complaints may be made by the following decisions, which have been taken by the Immigration Agency :

1) Proposals for a residence permit in accordance with sections 9, 9 d and 9 f.

2) Proposals for residence permits in accordance with section 9 (c) 1, with the exception of dissent granted under the EU rules.

3) Proposals for the renewal of a residence permit granted in accordance with section 9, section 9 (c). 1, section 9 and section 9 f, cf. no. 1 and 2, and Decisions concerning the withdrawal of such residence permits, cf. Section 11 (1). 2, and section 19.

4) Suggings on applications for a temporary residence permit, cf. § 11.

5) Decisions on the refusal to grant applications for a residence permit in accordance with section 9 (4). Twenty-one, paragraph 9 (c) 5, and section 9 (f) (c). 7, cf. no. One and two.

6) Decisions on expulsion after section 25, no. 2, and section 25 a-25 c.

7) Decisions on rejection after paragraph 28.

8) Decisions laying down the age of an application for a residence permit in accordance with section 9 or § 9 c (3). One, as a result of a family attachment to a resident.

Paragraph 2. In addition, the Committee on the Leaning of the Expansion Board may be subject to the following decisions which have been taken by the Management Board and the Recruitment Management Board :

1) Proposals for a residence permit in accordance with section 9 a and § 9 i-9 n.

2) Proposals for the renewal of a residence permit granted in accordance with section 9 a and § 9 i 9 n, and decisions on the withdrawal of such a residence permit, cf. § 19.

3) Decisions on the refusal to grant applications for a residence permit in accordance with section 9 (a) (a). 4, section 9 of paragraph 1. 2, section 9 j, paragraph 2, section 9 k, paragraph 2, section 9 l, paragraph 2, section 9 m, paragraph 1. Article 9 (2) and 9 n (n) 2.

4) Decisions on expulsion after paragraph 25 b (b) (b). 2, cf. § 46, paragraph. TWO, TWO. Act.

Paragraph 3. The Board of Appeal may address complaints to the Board of Appeal ' s statement that a residence permit granted in accordance with section 9, section 9 (c) (c). 1, section d or section 9 f has been dropped, cf. § 17, that a residence permit granted in accordance with section 9 or § 9 (c) (c). 1, cf. Section 17 a has lapses and that a residence permit has been suspended after Section 18. The same applies to complaints lodged against applications that a residence permit should not be regarded as the loss, cf. § 17, paragraph 1. 3, and section 17 (a) (a), 2.

Paragraph 4. The Expansion Board may also handle complaints against the holding of the holding and the Recruiting statement that a residence permit granted under section 9 a or § 9 i-9 n has been dropped, cf. ~ § 17 and 18. ~ The same applies to complaints lodged against applications that a residence permit should not be regarded as the loss, cf. § 17, paragraph 1. 3.

Paragraph 5. Complaguing the decisions referred to in paragraph 1. 1-4, must be lodged within 8 weeks of the notification of the decision. The chairman or its chairman shall, in exceptional circumstances, decide that a complaint must be handled, even though the complaint has been submitted after the deadline of 1. Act.

Paragraph 6. Decisions concerning the termination of the expiry date shall be taken in accordance with the date of departure, cf. Section 33 (4). 3, shall be taken by the President of the Committee on the Chairperson of the Committee or the chairman ' s powers of such action.

§ 52 c. The Ministry of Justice shall provide secretarial assistance to the Extentional Board.

Paragraph 2. The secretariat is preparing for the treatment of complaints by the Leaning Authority.

Paragraph 3. The Board of Appeal may obtain an opinion from the Board of Lean or from the Retention Board and Recruitment on the occasion of a complaint.

Paragraph 4. A complaint shall be handled on a written basis. For reasons of reason, the Board of Appeal may decide that the parties and others referred to the case are referred to the oral examination.

Paragraph 5. Complains which do not contain any questions of greater or of principle importance may be dealt with by the President by himself or by the authority which the President is authorised to do so.

Paragraph 6. Cases where a decision has been requested to resume a decision by the Board of Appeal may be dealt with by the chairman alone or by the person authorized by the Chair when there is no reason to assume that the Board of Appeal Board will amend its decision.

Paragraph 7. The chairman or the chairman ' s authority may reject a complaint which is not subject to the exclusive competence of the Exhibit domain.

Paragraph 8. The Chairman or the Chairperson ' s office or its chairman shall refer a complaint to the treatment provided for in paragraph 1. 5-7 or § 52 a (3) (a) 6. "

Ministry of Economic and Interior

§ 2

In the Law on municipal and regional choices, cf. Law Order no. 105 of 8. February 2011, the following changes are made :

1. I Section 1 (1). 1, no. 4, "4 years" is replaced by the following : '3 years'.

2. I § 3 (a) (a) 1, ' 4 years ` shall be replaced by ' 4 years ` means the period laid down in section 1 (1). 1, no. 4 ".

§ 3

Paragraph 1. The law shall enter into force on 1. January 2013.

Paragraph 2. The draft of the Exceration Section 52 (b) (b) ; 5, as drawn up in Article 1 of the Act of Law. The decision shall not apply to decisions taken prior to the entry into force of the law.

Paragraph 3. Versenting cases on the 1 st. In January 2013, on decisions taken pursuant to Article 52 b of the foreignant in the light of the Act of Law 1. 12, may be submitted for the Exdrainment Board, transferred to the further processing of the Exament Board.

§ 4

The law does not apply to the Faroe Islands and Greenland, but the law of Article 1 may, by means of a royal appliance or in part, be put into force for the Faeroe Islands and Greenland, with the changes that the ferry or Greenlandic conditions have been amended.

Givet at the Christiansborg Castle, the 18s. June 2012

Under Our Royal Hand and Segl

MARGRETHE R.

-Morten Bødskov