Key Benefits:
Law of 30 November 2006, laying down rules on incivil society in Dutch society (Act of Civil Citi-tion)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to revise the present system of civil society in the Dutch society by a general obligation to enlist foreigners and a duty of citizenship for a few categories of persons. To introduce the Dutch as well as to make provision for certain residence permits conditional upon the taking of the entrance examination;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Incivil-like: the person who, on the basis of the Articles 3 , 5 and 6 is considered to be civil;
c. compulsory school age: the age at which an obligation to tender as referred to in the Netherlands is subject to a stay in the Netherlands Article 3 of the Compulsory Law of 1969 ;
d. Incivil obligation: the obligation, for the purpose of Article 7 ;
e. Spiritual operator: the person who holds a spiritual, religious or philosophical office, works as a spiritual predecessor, a religious teacher or a missionary, or for the benefit of a church or other society at mental or philosophical basis works of predominantly religious, spiritual or philosophical nature;
f. incivil exam: the exam, intended in Article 7, second paragraph, part a ;
g. Civil service number: it as such according to the Civil Service Number General Provisions number assigned to a natural person;
h. Qualification requirement: the obligation to tender as intended Article 4a, first paragraph, of the Compulsory 19691969 .
2 The spiritual operator referred to in paragraph 1 (e) may be defined by means of a regulation of our Minister.
A minor is competent to perform the legal acts necessary in respect of the exercise, or the fulfilment of the rights and obligations arising out of this law and the provisions which it is based upon.
1 Incivil person is the foreigner, who is lawfully residing in the sense of Article 8 (a) and (c) of the Aliens Act 2000 , who:
a. other than staying for a temporary purpose in the Netherlands, or
b. Spiritual operator is.
2 In the case of a general measure of management, rules shall be laid down on the continuation of the obligation to take place in the event of a temporary termination of the circumstances referred to in paragraph 1.
3 In the case of, or under general management, rules shall be laid down concerning the temporary purpose referred to in paragraph 1, which shall be connected as far as possible to the right of stay of a temporary nature, as referred to in Article 4 (1) of the Treaty. Article 21, first paragraph, part b, of the Aliens Act 2000 .
4 The obligation of entry into force referred to in paragraph 1 shall not be established with retroactive effect.
1 By way of derogation from Article 3 It shall not be considered to be the person who:
a. Under 16 years of age or pensionable age, Article 7a, first paragraph, of the General old-age law , has reached;
(b) has remained in the Netherlands for at least eight years during the compulsory school age;
c. has a diploma, certificate or other document designated by it or under a general measure of management;
d. is a compulsory or a qualification requirement;
e. Following the compulsory education or training obligation, the completion of the training course shall lead to the award of a diploma, certificate or other document designated under subparagraph (c).
2 Nor is non-citizen-bearing:
(a) the person who is a national of a Member State of the European Union, another State which is a party to the Agreement on the European Economic Area, or Switzerland;
b. the relative of the person, referred to in subparagraph (a), who is a national of a third State and who is a national of a third State Directive 2004 /38/EC -the Agreement on the European Economic Area or the Agreement between the European Communities and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, is entitled to the Netherlands to enter and stay;
(c) the alien who, under the legislation of a Member State of the European Union or another State which is a party to the Agreement on the European Economic Area, has complied with a requirement for an entry into force for the long-term status of resident in the sense of Directive 2003 /109/EC of 25 November 2003 on the status of long-term residents of third countries (PbEU L 16), as amended by Directive 2011/51 /EU of the European Parliament and of the Council in order to extend its scope to persons enjoying international protection (PbEU 2011, L 132);
d. the person otherwise under the terms of the provisions of treaties or acts of international organisations, without a obligation of obligation of entry into force of the Article 7 can be imposed.
3 The citizen in law shall have a diploma, certificate or other document designated by or on the basis of a general measure of management, indicating that he already has a part of the skills and knowledge referred to in Article 3 (1) of the Article 7 , is exempt from the obligation to acquire that part of that knowledge or skills.
4 In the case of, or under a general measure of management, rules may be laid down concerning:
a. Further partial or partial exemption from the obligation to enter into civil service;
(b) the stay referred to in paragraph 1 (b).
5 Our Minister may lay down policy rules on the application of the second paragraph, part d.
1 Our Minister shall relieve the incivil-light of the obligation of the obligation of obligation if:
a. The incivil case has been shown by a physical or physical barrier, or a mental handicap, permanently unable to obtain the incivil exam;
On the basis of the efforts shown by the incompatible State, it considers that it is not reasonably possible for the citizen to comply with the obligation to comply with the obligation to comply with the obligation.
2 In the case of, or under general management, provision may be made for:
a. Further waiver of the obligation to enter into civil service; and
b. details of the application of the first paragraph.
3 For the purpose of examining an application for an exemption under either the first or second paragraphs or a medical examination for the benefit of the derogation, a amount to be determined by ministerial order may be determined, incivil liability is due. In the case of the entry into force of the first sentence, the term 'entry into force' shall be understood to mean the entry into force of the entry into force of this Regulation. Article X, 2nd paragraph, of the Law of 13 September 2012 amending the Act of Incivil Law and certain laws in connection with the strengthening of the own responsibility of the civil- (Stb. 2012, 430), which applies for a derogation pursuant to Article 6, as this Article was used to read on 31 December 2012.
1 The incivil acquirer within three years of oral and written skills in the Dutch language at least the level A2 of the European Framework for Modern Foreign Languages and knowledge of Dutch society.
2 The entry requirement has been met by the obligation to comply with the obligation to comply if:
a. The exam adopted by Our Minister has obtained, or
b. A diploma, certificate or other document, intended in Article 5, first paragraph, part c -He's got it.
3 Our Minister extends the period referred to in the first paragraph:
(a) where the incriminating agent makes no complaint that he/she does not comply with the obligation not to comply with the obligation to enter into civil service; or
b. Once for a period of up to two years, if it is demonstrably an alphabetical course, or has been followed before the expiry of that period.
4 In the case of, or under general management, rules shall be laid down concerning:
(a) the further extension of the period referred to in paragraph 1 and the application of paragraph 3;
b. The taking of the examination;
c. the content and design of the examination;
d. the costs due to the examination;
e. the identification of the person participating in the examination;
f. the examination board; and
g. the diploma.
1 In the case of or under general management measure, rules may be laid down for the issue of a certificate to a legal person or of a natural person who, in the course of the exercise of profession or business, pursues activities to guide the incivil ant to the incivil exam.
2 Our Minister or one by Our Minister on the grounds of Article 10 shall decide on application for the issue of the certificate referred to in paragraph 1 and shall also be empowered to withdraw a issued certificate.
3 A certificate is issued for a limited period of time. A certificate may be attached to a certificate.
4 In the case of, or under the general measure of management referred to in paragraph 1, rules may also be laid down concerning:
(a) the application and the information required by the applicant;
(b) the grounds on which, and the cases in which the issue of a certificate may be refused or a certificate issued may be renewed or withdrawn;
(c) compensation payable in connection with the issue of a certificate and payment of such a licence.
1 Our Minister may, upon application, designate an institution which shall have the powers specified in Article 9, second paragraph -He's exercising.
2 Provisions may be subject to rules pursuant to paragraph 1.
3 A institution designated under this Article shall supply, upon request, free of charge to Our Minister, the information required for the performance of his task. Our Minister may request access to information and documents in so far as it is reasonably necessary for the performance of his duties.
4 In the case of, or under a general measure of administration, rules may be laid down for:
(a) the grounds on which the designation referred to in the first paragraph may be given, withdrawn or amended;
(b) the preparation of a report of work for the Minister;
c. supervision of the institution referred to in paragraph 1.
1 Our Minister can take the Article 10 shall give instructions on the exercise of its duties. In doing so, it does not occur in individual cases.
2 The following Article 10 shall be established in accordance with the designation referred to in the first paragraph.
1 If, in the judgment of Our Minister, the Article 10 If the institution is seriously neglecting its task, our Minister may make the necessary arrangements.
2 The provisions shall not be taken, except in cases of urgency, not earlier than after the Article 10 the designated institution has been given the opportunity to carry out its task properly within a period to be set by our Minister.
3 Our Secretary of State shall immediately inform both chambers of the States-General of the provisions of the first paragraph which have been adopted by him.
1 Our Minister, upon application, provides a loan to the citizen if it is fulfilled by or pursuant to general rule of administration rules on the terms and conditions of the loan and on the terms and conditions of the loan. follow in the course of a course setting of a course leading up to the exam, intended in Article 7, second paragraph, part a , or a diploma, certificate or other document, intended in Article 5, first paragraph, part c .
2 The amount of the loan is paid to the course institution and examination institution designated by the incivil society.
3 The private or former civil service shall pay the loan plus interest calculated in accordance with rules to be applied to or pursuant to general rules of administration.
4 In the case of, or pursuant to the general measure of management referred to in paragraph 1, rules shall also apply:
a. The amount of the loan;
b. the payment and the repayment of the loan; and
c. remission.
5 By or pursuant to the general measure of management referred to in paragraph 1, rules on the granting of a loan to persons other than those of the incivil service may also be laid down.
1 The repayment period shall begin six months after the period referred to in Article 7, first paragraph , has passed or, if previously met, has been met six months after the obligation to comply with the obligation to comply with the obligation to comply with the obligation to comply with the obligation to comply with the obligation If that time limit has been extended by application of Article 7, third paragraph, or of the rules adopted pursuant to Article 7 (4), paragraph 4 (a) and (a), the repayment period shall begin six months after the end of that period.
2 Our Minister may recover the amount to be paid in the case of a compulsory order.
(3) If the loan is waived, the amount accrued on the amount of the remitted interest shall be cancelled at the time of the remission.
1 Our Minister imposes an administrative fine on the incivil person who is not within the inside Article 7, first paragraph That period, whether the period laid down pursuant to Article 7 (3) or of the rules laid down pursuant to Article 7 (4), paragraph 4, paragraph 4 (a), is extended to the obligation of obligation to comply with the obligation to inform it.
2 By way of derogation from the first paragraph, our Minister shall not impose any fine if, on or under Article 18 of the Aliens Act 2000 the application for an extension of the validity of the residence permit is rejected for a specified period of time, or at or under the Article 19 of that Act the residence permit is withdrawn for a specified period of time.
Our Minister proposes in the decision of the fine Article 31, first paragraph , a new period of up to two years within which, after the publication of the final decision, the citizen must comply with the obligation to comply with the obligation to inform it.
1 Our Minister puts the incivil suit that is not within the under Article 32 the time limit laid down in respect of the obligation to comply with the obligation to inform it, an administrative fine. Article 32 shall apply mutatis mutandis.
2 As long as the incivil person is subject to the expiry of the Article 32 the Secretary of State does not comply with the obligation to give effect, the Minister shall pencunently impose an administrative fine every two years.
The administrative fine may not exceed:
a. € 1250 for non-compliance with Article 7, first paragraph ;
b. € 1250 for failure to comply with the obligation to enter the obligation to comply with or under the Articles 32 and 33 set deadlines.
Article 5:53 of the General Administrative Law Act applies if Article 31, first paragraph , or 33 has been violated.
1 There is an Inburgering Information System, administered by Our Minister. This system contains a systematically ordered collection of data relevant to the entry into force pursuant to this Act.
2 The purpose of the Incivil Information System is to provide:
a. To inform Our Minister and one or more executive bodies of data relevant to the implementation of this Act, by or under general measure of the Board;
b. to our Minister of Information for the evaluation of existing policies and the preparation of future policies;
c. to our Minister of Security and Justice of the information relevant to the assessment of a request for acquisition of the Dutch landscape on the basis of the Dutch law on the Dutch landscape ;
d. to Our Minister of Education, Culture and Science of the Data, intended in Article 24o, second paragraph, point (e) of the Education Supervision Act for the purposes of the diploma register;
e. to Our Minister of Security and Justice of the data relevant to the implementation of the Articles 16a , 18 , 19 , 21 and 2 of the Aliens Act 2000 ;
f. to the State Revenue Service of the data relevant to the implementation of Article 1.6, first paragraph, section g, of the childcare and quality standards law in kindergnae .
3 In the case of, or under general management, rules shall be laid down concerning the Incivil Information System. In any case, rules shall be laid down in respect of the data to be recorded in the Incivil Information System and the processing of such data.
Our Minister and one or more bodies designated by or pursuant to general measure of the Board shall take the registration, which they submit for the implementation of this Act, of the civil service number of the registered op.
1 Special personal data referred to in Article 16 of the Personal Data Protection Act may be processed by our Minister and one or more bodies to be designated by or under general management, provided that such information is necessary for the efficient and effective implementation of this Law.
2 The regulation of our minister lays down rules for the protection of privacy. In any case, the following shall be regulated:
(a) the method of processing, referred to in paragraph 1;
b. by any means, by appropriate technical and organisational measures, that these data are protected against loss or unlawful processing;
c. which data, to which persons or bodies, for what purpose and in what manner can be provided;
d. to ensure that processed personal data are processed only for the purpose for which they were collected or to the extent that the processing is compatible with that purpose, and how appropriate it is ensured.
In the case of national contributions, Law incititing newcomers have been granted for periods prior to the entry into force of this Act, the duty applicable to the period in question shall remain as applicable for the period in question.
Our Minister shall, within four years of the entry into force of this Law, and thereafter every five years thereafter, send to the States-General a report on the effectiveness and effects of this law in practice.
The Law incititing newcomers shall be withdrawn.
This Law shall enter into force on a date to be determined by Royal Decree. That decision may stipulate that: Article 65 shall work back to 1 January 2006.
This law is cited as: Incivil Law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 30 November 2006
Beatrix
Ministers for Foreign Affairs and Integration
,M. C. F. Verdonk
Published on the seventh December 2006The Minister of Justice
E. M. H. Hirsch Ballin
