16 Amendments of Jana TOOM related to 2016/0223(COD)
Amendment 41 #
Proposal for a regulation
Recital 8
Recital 8
(8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status should moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States, where such movement may have been caused by any differences in the national legal measures taken to transpose the Qualification Directive replaced by this Regulation.
Amendment 50 #
Proposal for a regulation
Recital 15
Recital 15
(15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, the minor's cultural origin and linguistic skills, safety and security considerations and the views of the minor in accordance with his or her age and maturity.
Amendment 58 #
Proposal for a regulation
Recital 29
Recital 29
(29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards homosexuality orientation, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning homosexuals orientation and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices.
Amendment 67 #
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final. COM(2016)271 final.
Amendment 72 #
Proposal for a regulation
Recital 42
Recital 42
(42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39. Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third- country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders. 39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. 40 COM (2016) 378 final. COM (2016) 378 final.
Amendment 94 #
Proposal for a regulation
Recital 50
Recital 50
(50) Equal treatment should be provided for beneficiaries of international protection and of subsidiary protection with nationals of the Member State granting protection as regards social security.
Amendment 96 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection and of subsidiary protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measures.
Amendment 107 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory.
Amendment 149 #
Proposal for a regulation
Article 21 – paragraph b
Article 21 – paragraph b
(b) when renewing, for the first and second time, the residence permit issued to a beneficiary of subsidiary protection.
Amendment 151 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Within the limits set by international obligations, granting of benefits with regard to access to employment, social security shallmay require the prior issuing of a residence permit.
Amendment 168 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of three years and be renewable thereafter for periods of threfive years.
Amendment 171 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of onthree years and be renewable thereafter for periods of twofive years.
Amendment 185 #
(a) working conditions, including pay and dismissal, working hours, leave and holidays, parental leave as well as health and safety requirements at the workplace;
Amendment 199 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 207 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 228 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2