4 Amendments of Jana TOOM related to 2020/0279(COD)
Amendment 416 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. The European Border and Coast Guard Agency shall continue to, throughout the entire return and readmission process, respect human dignity as well as fundamental rights. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 1507 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. In a scenario where the applicant is a married minor below the age of 16, the Member State responsible shall still be the Member State where the father, mother or other non- spouse adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, regardless of whether the adult spouse of the minor is legally present or not within a Member State.
Amendment 1561 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment or a certificate of vocational competency established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection.
Amendment 2406 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. The return process shall be carried out in such a manner that it respects the human dignity of the illegally staying third country national.