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8 MAI 2013. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and to amend the Act of 27 December 2006 on various provisions II (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Act of 15 December 1980
on access to territory, residence, establishment and removal of aliens
Art. 2. In Article 39/2, § 1^erParagraph 3 is replaced by the following:
"By derogation from paragraph 2, the remedy for cancellation referred to in § 2 is open against:
1° the decision not taken into consideration referred to in Article 57/6, paragraph 1^er2°;
2° the decision not taken into consideration referred to in Article 57/6/1, paragraph 1^er;
3° the decision not taken into consideration referred to in Article 57/6/2;
4° the decision not taken into consideration referred to in Article 57/6/3;
5° the decision which enforces Article 52, § 2, 3° to 5°, § 3, 3°, § 4, 3°, or Article 57/10. »
Art. 3. Section 39/3 of the Act, inserted by the Act of 15 September 2006, is replaced by the following:
"Art. 39/3. At the initiative of the first president, an activity report whose terms can be set by the King is drafted and published annually. »
Art. 4. In article 39/6, § 3, paragraph 3, of the same law, inserted by the law of September 15, 2006, the words "or for the development of the law" are inserted between the words "in order to ensure the unity of jurisprudence in the chamber" and the words ", a case must be dealt with".
Art. 5. In section 39/8 of the Act, inserted by the Act of September 15, 2006, paragraph 3 is repealed.
Art. 6. In section 39/10, paragraph 2, of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° 2° is replaced by the following provision:
"2° when the chamber president considers it necessary to ensure the unity of jurisprudence or the development of law. »
2° the 3° is repealed.
Art. 7. In article 39/12, paragraph 1^er, from the same law, inserted by the law of September 15, 2006, the words "that, in order to guarantee the unity of jurisprudence, a case must be dealt with by the General Assembly" are replaced by the words "that it is necessary, for the unity of jurisprudence or the development of the law, that a case be dealt with by the General Assembly".
Art. 8. In section 39/18 of the Act, inserted by the Act of 15 September 2006 and amended by the Act of 27 December 2006, the following amendments are made:
1° in paragraph 2, the words "If necessary and in particular at the request of one of the parties, a translator shall be called upon" shall be replaced by the words "Except in the case where the language regime provided for in Article 51/4, § 3 is applicable and where the requesting party indicated, at the time of its application for asylum, that it does not require the assistance of an interpreter, it may request the assistance of an interpreter
2° the article is supplemented by a paragraph written as follows:
"Unless the requesting party is assisted by an interpreter in accordance with paragraph 2, it shall, if section 51/4 is applicable, use the language of the procedure determined in accordance with the above-mentioned provision for its oral remarks at the hearing. »
Art. 9. Section 39/27 of the Act, inserted by the Act of 15 September 2006 and amended by the Act of 6 May 2009, is repealed.
Art. 10. In section 39/57 of the Act, inserted by the Act of 15 September 2006 and amended by the Acts of 6 May 2009 and 29 December 2010, the following amendments are made:
1° in § 1^er, paragraph 2, the words "in section 74/8" are replaced by the words "in sections 74/8 and 74/9";
2° in § 2, paragraph 1^er, 4°, the words "or any other means of notification authorized by this Act and not provided for in this paragraph" are inserted between the words "by fax" and the words ", on the first day".
Art. 11. In section 39/57-1 of the Act, inserted by the Act of 29 December 2010, the following amendments are made:
1° paragraph 2 is supplemented by the following sentence:
"If a party has elected a lawyer's domicile, such consignments may also be sent by e-mail to the address that the lawyer has used to send the copy referred to in section 39/69, § 1^er, paragraph 3, 7°, unless the lawyer has expressly indicated another e-mail address to that effect. »;
2° in paragraph 4, the words "or by fax. are replaced by the words "by fax, or by the Minister's or delegate's e-mail address. »
Art. 12. Section 39/58 of the Act, inserted by the Act of 15 September 2006, is replaced by the following:
"Art. 39/58. With the exception of the Belgian administrative authorities, any party to a procedure shall elect domicile in Belgium in the first act of procedure it performs, without prejudice to article 39/69, § 1^erParagraph 7.
All notifications, communications and summonses of the registry are validly made to the chosen home.
This election of domicile is valid for any subsequent proceedings.
Any change in elected domicile must be expressly formulated and communicated separately for each recommended mailing to the Chief Clerk, indicating the complete reference to the number of the appeal concerned by the amendment.
In the event of a party's death, and unless a proceeding is resumed, all communications and notifications from the Commission are validly made to the deceased's chosen home to the persons entitled collectively, and without the designation of names and qualities. »
Art. 13. In Title Ibis, chapter 5, section 1^re article 39/68-2, as follows:
"Art. 39/68-2. When a requesting party has filed a number of admissible applications against the same act under attack, these appeals are filed on an ex officio basis. In this case, the Commission shall rule on the basis of the last application filed, unless the requesting party expressly indicates to the Commission, at the latest at the hearing, the application on the basis of which it shall rule. The requesting party is deemed to be rescinded from other applications.
If this is a collective remedy, the Commission shall rule on the basis of the last application filed, unless all the requesting parties expressly and collectively indicate to the Commission, at the latest at the hearing, the application on the basis of which it must decide. The appellants are deemed to be detached from the other applications filed. »
Art. 14. In section 39/69 of the Act, inserted by the Act of 15 September 2006 and amended by the Acts of 6 May 2009 and 29 December 2010, the following amendments are made:
1° in § 1^er, paragraph 2, 4, the words "and, when new elements, within the meaning of Article 39/76, § 1^er, paragraph 4 is invoked, according to which there is, with respect to it, serious indications of a grounded fear of persecution within the meaning of the International Convention on the Status of Refugees, signed in Geneva on 28 July 1951, or a real risk of serious breach as referred to in article 48/4, the reasons why these elements could not be communicated in a timely manner to the Commissioner General for Refugees and Stateless Persons" are repealed;
2° in § 1^er, paragraph 3, 2°, the word "six" is replaced by the word "four";
3° § 1^er, paragraph 3, is supplemented by a 7°, which reads as follows:
"7° requests filed by an assisted party of a lawyer, of which no copies were sent by e-mail and in the manner determined by a royal decree. »;
4° in § 1^er, paragraph 4, the number ", 7°" is inserted between the words "paragraph 3, 1°, 2°, 4°, 5°, 6°" and the words "the chief clerk";
5° in § 1^er, a paragraph 7 is inserted as follows:
« Except in the case where another address in Belgium is expressly indicated as an elected domicile, the first address in Belgium mentioned in the request is supposed to be the elected domicile within the meaning of § 1^er2°. »;
6° in § 2, the words "at Article 74/8" are replaced by the words "at Articles 74/8 and 74/9".
Art. 15. In section 39/71 of the Act, inserted by the Act of September 15, 2006, and amended by the Acts of May 6, 2009 and December 29, 2010, the words ", to the Minister or his delegate" and the words " and to the Commissioner General for Refugees and Stateless Persons" are repealed.
Art. 16. In article 39/72 of the same law, inserted by the law of 15 September 2006 and amended by the law of 23 December 2009, § 1^er is replaced by the following:
« § 1^er. The respondent shall forward the administrative file to the Registrar within eight days of the notice of appeal. It may attach an observation note at the latest with the administrative record, unless before the expiry of the eight-day period referred to above, it shall inform the Registry that it will communicate this note within fifteen days of the notice of appeal.
If the original note of observation is submitted by registered letter or by bearer against acknowledgement of receipt, a copy of the note is sent by e-mail within the same time limit, subject to the inadmissibility of the note of observation, in accordance with the terms set by a Royal Decree. "
Art. 17. In section 39/73, § 3, of the same law, inserted by the law of September 15, 2006 and replaced by the law of December 29, 2010, the words "the withdrawal of proceedings or the well-founded remedy is found" are replaced by the words "the appeal is followed or rejected".
Art. 18. In article 39/76 of the same law, inserted by the law of 15 September 2006 and amended by the laws of 6 May 2009 and 29 December 2010, § 1^er is replaced by the following:
« § 1^er. The presiding judge or the judge of the litigation of the designated aliens still examines whether he can confirm or reform the decision under appeal. It may, in particular, be based on the assessment criteria established in Article 57/6/1, paragraphs 1^er 3.
The parties may provide new information to the Committee until the debates are closed through a supplementary note. Without prejudice to the prohibition under section 39/60, the supplementary note is limited to these new elements, under penalty of deviating the debates for the surplus. The new elements that are not included in the supplementary note are deviated from the debates.
If the presiding officer or the designated judge considers that the new elements invoked by the requesting or intervening party significantly increase the likelihood that the alien meets the requirements for the recognition of the refugee status within the meaning of Article 48/3 or for subsidiary protection within the meaning of Article 48/4, and if, in addition, he or she notes cumulatively that, in accordance with Article 39/2, § 1^er, paragraph 2, 2°, it must cancel the decision under attack because it cannot conclude the confirmation or re-training of the decision under attack without further instruction of these new elements, it shall order the Commissioner-General for Refugees and stateless persons, as the case may be, either at the hearing or after the hearing by means of a succinctly motivated order, to examine the new elements that it indicates and to transmit to it
If the Commissioner-General for Refugees and Stateless Persons expressly waives this right of examination, or if the written report referred to in paragraph 3 is not introduced or is late, the decision under appeal is cancelled without further proceedings or hearings.
If the Commissioner-General for Refugees and Stateless Persons has filed a written report within the time limit, the report shall be communicated by the Registry to the requesting or intervening party. The report shall include a reply note within eight days of the notification of the report.
If the requesting or intervening party fails to introduce a reply note within the eight-day period set out in paragraph 5, it is expected to subscribe to the views adopted by the Commissioner-General for Refugees and Stateless Persons in her report.
If the presiding judge or designated judge considers that the new elements invoked by the Commissioner-General for Refugees and stateless persons significantly increase the likelihood that the foreigner does not meet the requirements for recognition of the refugee status within the meaning of section 48/3 or for subsidiary protection within the meaning of section 48/4, he requests the requesting party or intervener, either at the hearing or after the hearing
If the requesting or intervening party fails to file a reply note within the eight-day time limit set out in paragraph 7, it is expected to subscribe to the viewpoint adopted by the Commissioner-General for Refugees and Stateless Persons in her note or hearing concerning the new elements indicated.
If the presiding officer or the designated judge considers that the new elements invoked by the Commissioner-General for Refugees and Stateless Persons significantly increase the likelihood that the alien meets the requirements for recognition of refugee status within the meaning of section 48/3 or for subsidiary protection within the meaning of section 48/4, and if, in addition, he or she notes cumulatively that, in accordance with section 39/2, § 1^er, paragraph 2, 2°, it must cancel the decision under attack because it cannot conclude to the confirmation or reform of the decision under attack without further instruction of these new elements, this finding results in the ex officio cancellation of the decision under attack. »
Art. 19. In Article 39/77, § 1^erParagraphs 1^er and 3, and § 3, of the same law, inserted by the law of September 15, 2006 and amended by the laws of December 27, 2006 and May 6, 2009, the words "in section 74/8" are each replaced by the words "in sections 74/8 and 74/9".
Art. 20. A. Article 39/78, paragraph 1^erin the same Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° the words ", except in the cases provided for in Article 51/4, § 3," are inserted between the words "on the understanding that" and the words "planned provisions";
2° the words "4° with regard to the invocation of new elements, and" are repealed.
Art. 21. In section 39/81 of the Act, inserted by the Act of 15 September 2006 and last amended by the Act of 31 December 2012, the following amendments are made:
1° in paragraph 1^erthe words "and 57/6/1" are replaced by the words ", 57/6/1, 57/6/2 and 57/6/3";
2° paragraph 2 is supplemented by the following sentence:
"If the original note of observation is submitted by registered letter or by bearer against acknowledgement of receipt, a copy of the note of observation is sent within the same period by e-mail and in the manner prescribed by a Royal Decree. »;
3° a paragraph is inserted between paragraphs 7 and 8:
If the applicant party is assisted by a lawyer, a copy of the summary record is sent within the time limit provided for in paragraph 5 by e-mail and in the manner provided by a Royal Decree. The Registry expressly refers to this requirement on the notification provided for in paragraph 3.
Art. 22. In article 39/82, § 4, paragraph 2, of the same law, inserted by the law of September 15, 2006, the words "five days, without this period being less than three working days" are replaced by the words "three working days, that is, each day except one Saturday, a Sunday or a legal holiday".
Art. 23. In section 39/83 of the Act, re-established by the Act of 6 May 2009, the words "five days after notification of the measure, without this period being less than three working days" are replaced by the words "three working days, that is, each day except one Saturday, a Sunday or a legal holiday, after notification of the measure".
Art. 24. In article 39/85, paragraph 1^er, from the same law, inserted by the law of September 15, 2006, the words "against this measure and provided that this application has been included in the role" are inserted between the words "who has already filed a request for suspension" and the word ", may,".
Art. 25. Section 51/8, paragraph 3, of the Act, inserted by the Act of 6 May 1993 and amended by the Act of 15 September 2006, is repealed.
CHAPTER 3. - Amendments to Act 27 December 2006 on various provisions (ii)
Art. 26. In Article 112, paragraph 1^er, of the Act of 27 December 2006 on various provisions (II), the words "whose Council of the Litigation of Aliens may know on the basis of Article 39/2, § 1^erof the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. are replaced by the words "that are directed against the decisions taken under the provisions of heading II, chapter II, sections 1 and 2, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and for which the Council of the Litigation of Foreigners is competent under section 39/1 of the Act. »
CHAPTER 4. - Entry into force and transitional provisions
Art. 27. Articles 14, 3° and 4°, 16, 2°, and 21, 2° and 3°, come into force on the first day of the sixth month following the month of the publication of this Act to the Belgian Monitor.
Art. 28. Sections 8, 18 and 22 apply to appeals for which, on the date of entry into force of these provisions, the hearing fixing order has not yet been notified.
Sections 16 and 21, 2°, apply to remedies for which the Registry has not yet sent a copy of the appeal to the respondent party.
Sections 14, 6°, 19, 22 and 23 are applicable to appealed decisions that were notified after their entry into force.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 May 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
The Secretary of State for Asylum and Migration, Social Integration and Poverty Reduction
Ms. M. DE BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives
Doc 53 2556/(2012/2013)
001: Bill.
002: Amendments.
003: Report.
004: Text adopted by the commission.
005: Text adopted in plenary and transmitted to the Senate.
See also: Full transcript: February 28, 2013.
Documents of the Senate
5-2000 - 2012/2013
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales du Senate: April 25, 2013.