12 Amendments of Andrea BOCSKOR related to 2018/0329(COD)
Amendment 317 #
Proposal for a directive
Article 6
Article 6
Article 6 Article 6 Risk of absconding Risk of absconding 1. The objective criteria referred to in point 7 of Article 3 shall include at least the following criteria: (a) lack of documentation proving the identity; (b) lack of residence, fixed abode or reliable address; (c) lack of financial resources; (d) illegal entry into the territory of the Member States; (e) unauthorised movement to the territory of another Member Stadeleted deleted deleted deleted delete;d (f) explicit expression of intent of non- compliance with return-related measures applied by virtue of this Directive; (g) being subject of a return decision issued by another Member State; (h) non-compliance with a return decision, including with an obligation to return within the period for voluntary departure; (i) non-compliance with the requirement of Article 8(2) to go immediately to the territory of another Member State that granted a valid residence permit or other authorisation offering a right to stay; (j) not fulfilling the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures, referred to in Article 7; (k) existence of conviction for a criminal offence, including for a serious criminal offence in another Member State; (l) ongoing criminal investigations and proceedings; (m) using false or forged identity documents, destroying or otherwise disposing of existing documents, or refusing to provide fingerprints as required by Union or national law; (n) opposing violently or fraudulently the return procedures; (o) not complying with a measure aimed at preventing the risk of absconding referred to in Article 9(3); (p) not complying with an existing entry ban. 2. The existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances of the individual case, taking into account the objective criteria referred to in paragraph 1. However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (m), (n), (o) and (p) of paragraph 1 is fulfilled.
Amendment 436 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such an appropriate period shall be granted only following an application by the third- country national concerned. In such a case, Member States shall inform the third- country nationals concerned of the possibility of submitting such an application.
Amendment 455 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) where an application for legal stay has been dismissenied as manifestly unfounded or fraudulent;
Amendment 459 #
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) where the third-country national concerned poses a risk to public policy, and public security or national security.
Amendment 494 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
In the other cases, return decisions may be accompanied by an entry ban.
Amendment 495 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2 a (new)
Article 13 – paragraph 1 – subparagraph 2 a (new)
In cases involving children, return decisions shall not be accompanied by an entry ban, after a proved and valid age determination process, based on the national practices and laws of the responsible Member State.
Amendment 501 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detectrecognised in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 502 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States may impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 570 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Member States shall establish reasonapplicable time limits and other necessary rules to ensure the exercise of the right to an effective remedy pursuant to this Article. Member States shall grant a period not exceeding five days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 621 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education and psychosocial support.
Amendment 639 #
Proposal for a directive
Article 22
Article 22
Article 22 Article 22 Border procedure Border procedure 1. Member States shall establish return procedures applicablropriate to illegally staying third -country nationals subject to an obligation to return following a decision rejecting an EN 37 EN application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation]. 2. Except in cases, where otherwise provided in this Chapter, the provisions of Chapters II, III and IV apply to return procedures carried out in accordance with paragraph 1. 3. Return decisions issued in return procedures carried out in accordance with paragraph 1 of this Article shall be given by means of a standard form as set out under national legislation, and in accordance with Article 15(3). 4. A period for voluntary departure shall not be granted. Member States shall however grant an appropriate period of time for voluntary departure in accordance with Article 9 to third-country nationals holding a valid travel document and fulfilling the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures established in accordance with Article 7. Member States shall require the third- country nationals concerned to hand over the valid travel document to the competent authority until departure. 5. Member States shall grant a period of time not exceeding 48 hours to lodge an appeal against the return decisions based on a final decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation] at the border or in transit zones of the Member States. 6. The enforcement of a return decision during the period of time for bringing the appeal at first instance and, where that appeal has been lodged within the period established, during the examination of the appeal, shall be automatically suspended where there is a risk of breach of the principle of non- refoulement and one of the following two conditions applies : (a) new elements or findings have arisen or have been presented by the third country national concerned after a decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation], which significantly modify the specific circumstances of the individual case; or (b) the decision rejecting an application for international protection taken by virtue of Article 41 of Regulation(EU) …/… [Asylum Procedure Regulation] was not subject to an effective judicial review in accordance with Article 53 of that Regulation. Where a further appeal against a first or subsequent appeal decision is lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into account the specific circumstances of the individual case upon the applicant’s request or acting ex officio. Member States shall provide that a decision on the request by the person concerned for a temporary suspension of the enforcement of a return decision shall be taken within 48 hours from the lodging of such a request by the third-country national concerned. In individual cases involving complex issues of fact or law, the time limits set out in this paragraph may be extended as appropriate by the competent judicial authority. 7. In order to prepare the return or carry out the removal process, or both, Member States may keep in detention a third-country national who has been detained in accordance with point (d) of Article 8(3) of Directive (EU) …/… [recast Reception EN 38 EN Condition Directive] in the context of a procedure carried out by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation], and who is subject to return procedures pursuant to the provisions of this Chapter. Detention shall be for as short a period of time as possible, which shall in no case exceed four months. It may be maintained only as long as removal arrangements are in progress and executed with due diligence. When the return decision cannot be enforced within the maximum period referred to in this paragraph, the third- country national may be further detained in accordance with Article 18.
Amendment 651 #
Proposal for a directive
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7a. In order to prevent secondary movements of illegally staying third- country nationals, Member States shall have the right to introduce return procedures at the border, for cases in which illegally staying third-country nationals were involved into border controls and took part in unauthorised movement, or did not comply with orders given by law enforcement offices or where illegally staying third-country nationals are under ongoing criminal investigations or proceedings.