Proposition 50K0441

Projet de loi modifiant les lois sur le Conseil d'Etat, coordonnées le 12 janvier 1973 ainsi que la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers.

General information ¶

Submitted by

Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ

Submission date

Feb. 14, 2000

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

administrative court foreign national illegal migration

Voting ¶

Voted to adopt

CD&V FN VB

Voted to reject

Groen Ecolo PS | SP Open Vld MR

Abstained from voting

LE N-VA

Party dissidents ¶

• Richard Fournaux (MR) abstained from voting.

Contact form ¶

Do you have a question or request regarding this proposition? Select the most appropriate option for your request and I will get back to you shortly.

Discussion ¶

March 16, 2000 | Plenary session (Chamber of representatives)

Full source

The Committee on Internal Affairs discussed the draft law amending the laws on the State Council, coordinated on 12 January 1973, as well as the law of 15 December 1980 on the entry into the territory, residence, establishment and removal of foreigners, during the meeting of 29 February 2000. Due to the entry into force of the law on regularisation and the success achieved in the January 2000 action, the State Council can expect a large number of annulment appeals against rejections of regularisation applications.

Colleagues, can I ask you to conduct your conversations what and sourdine?

Since a decision on these appeals before the Council of State should not be too long in itself, it is important that the legal framework of the Council of State is enhanced and that an accelerated procedure for appeals before the Council of State can be established by the King. That is the purpose of the present draft law. The following extension of the framework is proposed: four additional state councils, six new secretaries and an increase of the audit board by six units. In addition, the establishment of two additional rooms is provided. Those chambers shall have priority on appeals against decisions taken under the laws relating to the entry into the territory, residence, establishment and removal of foreigners. Mr Vanpoucke and Mr Verherstraeten have expressed their concerns that, by giving the two new chambers priority to appeals against decisions concerning the applications for regularisation, the delay in the settlement of the other disputes will be further aggravated. Mr Verherstraeten also criticized the fact that this priority scheme is set out in the law. He considers that it is up to the State Council itself to decide which disputes should be treated as a priority. The Minister of Internal Affairs has emphasized that the establishment of two new chambers which will prioritise appeals against decisions taken under the laws relating to access to the territory can quickly overcome the lag in the handling of these appeals. This will allow for faster settlement of other disputes in the future. After the settlement of the disputes relating to the regulation applications, the additional remedies will be able to be used for the ordinary disputes. During the discussion, 1 amendment was adopted. The vote on the draft law as a whole was therefore extended by two days as a result of the new Rules 18, 4, a) bis of the Rules of Procedure. The entire draft law was adopted on 2 March with 10 votes and 1 abstinence.