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Netherlands municipal legislation involving questions of public international law, 19981
Published online by Cambridge University Press: 07 July 2009
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- Copyright © T.M.C. Asser Press 1999
References
3 Convention of 29 May 1995 (Trb. 1993 No. 197), approved on 14 May 1998 (Stb. 1998 No. 301). The implementation of the Convention has also necessitated various amendments to the Placement of Foreign Foster Children Act (Stb. 1988 No. 566, see NYIL (1989) p. 281). The short title of the Act has also been changed to: Placement of Foreign Children for Adoption Act.
4 Stb. 1998 No. 476.
5 Three decrees implement the present Act: the Decree of 27 April 1998 amending the 1990 Decree to enlarge and limit the categories of insured under employee insurance (Stb. 1998 No. 307), the Decree of 27 April 1998 equating aliens with Dutch nationals for the purposes of the National Assistance Act, the Act to provide income for older and partially disabled jobless employees and the Act to provide income for older and partially disabled formerly self-employed persons (Stb. 1998 No. 308); Decree of 14 May 1998 to amend the Decree to enlarge and limit the categories of insured under national insurance schemes (Stb. 1998 No. 309). The Aliens Decree was amended by Decree of 3 July 1998 (Stb. 1998 No. 400) in connection with the introduction of the present Act.
6 Stb. 1998 No. 204. For a detailed description of the amendments to the Aliens Act and of the term ‘coupling principle’, see 27 NYIL (1996) pp. 220–240.
7 Hitherto the requirement of possession of an authorisation for temporary stay was included in the Aliens Decree. By judgment of 16 March 1995 the Aliens Section of the District Court in The Hague held that the imposition of such an onerous requirement on an alien should not be regulated in delegated legislation.
8 Stb. 1998 No. 665. The Decree of 1 July 1998 amending the Aliens Decree (Stb. 1998 No. 497) came into force at the same time. Art. 52a of the new Decree lists the categories of aliens exempted from possession of a valid authorisation for temporary stay.
9 Art. 9 of the Aliens Act reads: ‘Aliens who are the holder of a residence permit are permitted to stay in the Netherlands until such time as the permit ceases to be valid.’
Art. 10 (1)(b) reads: ‘Aliens are permitted to stay in the Netherlands for an indefinite period: […] (b) if they have been admitted as a refugee by Our Minister […].’
10 Art. 9: see supra n. 5.
Art. 9a reads: ‘Aliens who are the holder of a provisional resident permit are permitted to stay in the Netherlands temporarily subject to the special conditions applicable to that permit.’
11 The Newcomers Educational Requirements Decree of 25 June 1998 (Stb. 1998 No. 408) defines the categories of person to whom the duty to report for assimilation does not apply.
12 Stb. 1998 No. 330, which took effect on 1 November 1998 (Stb. 1998 No. 599).
13 Stb. 1998 No. 533.
14 Stb. 1995 No. 40, see 27 NYIL (1996) p. 306.
15 Stc. 1997 No. 234.
16 Stb. 1994 No. 560. See 26 NYIL (1995) p. 323.
17 After the democratically elected head of state had returned, the trade embargo on petroleum (products) was repealed, Stc. 1998 No. 105, 9 June 1998.
18 OJ 1998, 130 p. 1.
19 OJ 1998, 178 p. 33.
20 The Antarctic Treaty was signed on 1 December 1959 and entered into force in 1961 (Trb. 1865 No. 148). The Protocol was signed by the Netherlands on 4 October 1991 (Trb. 1992 No. 110).
21 The Protection of Antarctica Decree of 26 August 1998, Stb. 1998 No. 546, contains rules governing applications for a licence.