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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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.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In the Aliens Act, see. lovbekendtgørelse nr. 947 of 24. August 2011, as amended, inter alia, by law No. 572 of 31. May 2010 and § 1 of lov nr. 601 of 14. June 2011 at the latest and by § 1 of lov nr. 418 of 12. may 2012, shall be amended as follows: 1. In section 27 (a) shall be inserted after ' medicines ': ' Aliens, Aliens ' Board, and after ' the Ministry ' reads ', Aliens Board '.

2. In section 30, paragraph 3, shall be inserted after ' the courts ': ', the Aliens Board '.

3. In paragraph 37 (e) (2) 1. paragraph, the words ' the ' to: ' and Refugee Board, refugee and Immigration Tribunal '.

4. In paragraph 44 (a), paragraph 5, the words ' and the police ' to: ' the police and Aliens Board '.

5. In paragraph 44 (a), paragraph 6, shall be inserted after ' the Danish Immigration Service «:», Aliens Board '.

6. In paragraph 45 (a) (1) and (2) be inserted after the word ' refugee ' means ' Board ', foreigners.

7. In paragraph 45 (c), paragraph 1, shall be inserted after ' the refugee ' means ' Board ', foreigners.

8. In article 46, paragraph 4, the words ' Minister ' to: ' aliens ' Employment Committee '.

9. In paragraph 46 (a), paragraph 1, section 46 shall be added after ' e ': ', § 52 b (1) and (3) '.

10. § 46 (a), paragraph 2 is replaced by the following: ' (2). Agency for retention and Recruitment decisions according to this law may not be appealed to the employment Minister. Apart from the decisions referred to in § 9 (h), (4) 1. paragraphs, see. (1). 1-9, 11-14 and 16, and section 33, Danish Agency for retention and Recruitment decisions can be appealed to the Aliens Board, see. § 52 b, paragraphs 2 and 4. '

11. In paragraph 46 (b) shall be inserted after ' the refugee ' means ' Board ', foreigners.

12. Under section 52 shall be inserted: ' § 52 a. Aliens Committee consists of 1 Chair and Vice-Chairs (the Presidency) and other members. Foreigners the Committee members are independent and can not receive or seek instruction from the beskikkende or indstillende authority or organisation.

(2). Aliens Board's President must be a high court judge or Supreme Court Justice, and the Vice-Presidents shall be judges. The other members must be lawyers or serve in the Ministry of Justice or the Ministry of employment.

(3). Committee members are appointed by the aliens Aliens Board's Presidency. Judges appointed after the designation of the Chief Justice. Lawyers are appointed on the recommendation of the Bar Council. The members serving in the Ministry of Justice, appointed on the recommendation of the Minister of Justice, and the members serving in the Ministry of employment, are appointed on the recommendation of the Minister of employment.

(4). The aliens Committee members appointed for a term of 4 years. Appointments can take place once. A member resigns, when conditions for the Member's appointment is no longer met.

(5). Aliens the Board's President is elected by Foreigners of the Board Presidency.

(6). By Aliens with the Board's treatment of a complaint is helping the President or a Vice-President, a lawyer and a member serving in the Ministry of Justice, if the complaint falls under the Ministry of justice area, or a member who is serving in the Ministry of employment, if the complaint falls under the Employment Ministry's area, see. However, § 52 (c) (5) and (6). Aliens the Board's decisions shall be taken by majority vote.

(7). Discussion of issues of common guidelines for foreigners the Committee's work, etc. is done in the Aliens Committee's Coordinating Committee, composed of the Board Chairman, 1 lawyer and 1 member serving in the Ministry of Justice or in the Ministry of employment. By discussions of issues relating to the treatment of cases which fall under the Ministry of justice area, participant 1 member serving in the Ministry of Justice. By discussions of issues relating to the treatment of matters that fall within the Ministry's area Employment, participant 1 member serving in the Ministry of employment. The Committee shall consist, as far as possible, of the permanent members, who are appointed by the indstillende authority or organisation.

(8). Aliens the Board's decisions cannot be brought before another administrative authority.

(9). Aliens Board President can appoint 1 ad hoc member who has withdrawn from the Committee, to deliberate in a case over which it has previously participated in the treatment of. The Member who has previously been involved in processing a case, decay, the President may designate or appoint a single ad hoc member who enters into it that Member in the course of continued treatment place.

Paragraph 10. The Minister of Justice shall establish the rules of procedure of the Board negotiated with Foreigners employment Minister.

§ 52 b. For foreigners the Tribunal may be brought before the complaints against the following decisions, which the Danish Immigration Service has taken: 1) the rejection of an application for a residence permit pursuant to section § 9, 9 d and 9 f.

2) rejection of an application for a residence permit pursuant to section 9 (c), paragraph 1, with the exception of refusal notified in accordance with the EU rules.

3) rejection of an application for extension of residence permit granted under section 9, paragraph 9 (c), paragraph 1, section 9 (d) and section 9 (f), see. Nr. 1 and 2, and decisions on the inclusion of such residence permits referred to in article 6. section 11 (2) and section 19.

4) rejection of an application for permanent residence permission, see. § 11.

5) decisions on refusal of submission of applications for a residence permit pursuant to section 9, paragraph 21, § 9 c, paragraph 5, and section 9 (f), paragraph (7) of the basic regulation. Nr. 1 and 2.

6) decisions on expulsion pursuant to section 25, no. 2, and § § 25 a-25 c.

7) decisions on rejection under section 28.

8) Decisions fixing the age in connection with an application for a residence permit pursuant to section 9 or section 9 (c), paragraph 1, as a result of a family links to a living person.

(2). For foreigners, the Committee may also be brought before the complaints against the following decisions taken by the Agency for retention and Recruitment has taken: 1) the rejection of an application for a residence permit pursuant to section 9 (a) and § § 9 in-9 n.

2) rejection of an application for extension of residence permit granted under section 9 (a) and § § 9 in-9 n, and decisions on the inclusion of such a residence permit, in accordance with article 3. § 19.

3) decisions on refusal of submission of applications for a residence permit pursuant to section 9 (a), paragraph 4, section 9 of the second paragraph of section 9 (j), (2), section 9 k (2), section 9 l, paragraph 2, § 9 m, (2) and section 9, paragraph 2.

4) decisions on expulsion under section 25 (b), paragraph 2, of the basic regulation. section 46 (2), 2. PT.

(3). Aliens Board can deal with complaints about the Immigration Agency's finding that a residence permit granted under section 9, paragraph 9 (c), paragraph 1, section 9 (d) or paragraph 9 (f) has lapsed, without prejudice. section 17, that a residence permit granted under section 9 or section 9 (c), paragraph 1, of the basic regulation. section 17 (a), has lapsed, and that a residence permit has lapsed under section 18. The same applies to complaints about the rejection of an application for a residence permit should not be considered lapsed, without prejudice. section 17, paragraph 3, and section 17 (a), paragraph 2.

(4). The Committee may also examine complaints of aliens Agency for retention and Recruitment finding that a residence permit granted under section 9 (a) or § § 9 in-9 n has lapsed, without prejudice. sections 17 and 18. The same applies to complaints about the rejection of an application for a residence permit should not be considered lapsed, without prejudice. section 17, paragraph 3.

(5). Complaint against the decisions referred to in paragraphs 1 to 4 shall be submitted within 8 weeks after the complainant has been informed of the decision. President of the Board or the aliens, the President authorizes thereof, may, in special cases, decide that a complaint should be treated, even if the complaint is lodged after expiry of the time limit referred to in 1. PT.

(6). Decisions on suspensive effect with regard to udrejsefristen of the basic regulation. section 33, paragraph 3 shall be taken by the President of the Board or the Aliens, the President authorizes it.

§ 52 (c). The Ministry of Justice provides secretarial assistance available to Aliens Board.

(2). The Secretariat prepares the Aliens Board's handling of complaints.

(3). Aliens Board may obtain the opinion of the Danish immigration service or from the Agency for retention and Recruitment on the occasion of a complaint.

(4). A complaint will be treated on writing basis. Where specific reasons justify it, can the Tribunal determine that the parties to the Foreigners and others summoned to oral treatment.

(5). Complaints that do not contain questions of major or fundamental, can be processed by the Chairman alone or by the President authorizes it.

(6). Cases where the request for the resumption of a decision of the Aliens Board, can be dealt with by the Chairman alone or by the President authorizes there, when there is no reason to assume that the Aliens Board will change its decision.

(7). President of the Board or the aliens, the President authorizes may reject a complaint not covered by Aliens the Board's jurisdiction.

(8). President of the Board or the aliens, the President authorizes thereof, refer a complaint to the treatment in accordance with paragraph 5-7 or § 52 (a), paragraph 6. '

Economy and the Ministry of the Interior

§ 2

Of the law on municipal and regional elections, see. lovbekendtgørelse nr. 105 of 8. February 2011, shall be amended as follows: 1. In article 1, paragraph 1, no. 4, the words ' 4 years ' are replaced by: ' 3 years '.

2. In paragraph 3 (a), paragraph 1, the words ' 4 years ' to: ' the period laid down in article 1, paragraph 1, no. 4 '.

§ 3 paragraph 1. The law shall enter into force on the 1. January 2013.


(2). Aliens Act § 52 b, paragraph 5, as amended by section 1 of the Act, no. 12 shall not apply to decisions taken before the entry into force of the Act.

(3). Pending cases 1. January 2013 regarding decisions in accordance with the Aliens Act § 52 b as amended by § 1, nr. 12, may be brought before the Aliens Board, shall be transferred for further processing in the Aliens Board.

section 4 of the Act does not apply to the Faroe Islands and Greenland, but the Act § 1 may by Royal Decree in whole or in part, be in force for the Faroe Islands and Greenland with the changes that the Faroese or Greenlandic circumstances warrant.

Given at Christiansborg Palace, the 18. June 2012 Under Our Royal hand and Seal MARGRETHE r./Morten Bødskov