BETA

24 Amendments of Elly SCHLEIN related to 2016/0224(COD)

Amendment 247 #
Proposal for a regulation
Recital 17
(17) Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure, an applicant in need of special procedural guarantees should be exempted from those procedures. The need for special procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect, with a view to making the remedy effective in his or her particular circumstancMinors should be always exempted from border and accelerated procedures.
2017/06/26
Committee: LIBE
Amendment 331 #
Proposal for a regulation
Recital 39
(39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
2017/06/26
Committee: LIBE
Amendment 518 #
Proposal for a regulation
Article 4 – paragraph 2 – point i
(i) 'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal;
2017/06/26
Committee: LIBE
Amendment 549 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
(a) the authorities of another Member State who have been entrusted by that Member State with the task of receiving, registering or examining applications for international protection;deleted
2017/06/26
Committee: LIBE
Amendment 589 #
Proposal for a regulation
Article 7 – paragraph 4
4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number or e-mail address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
2017/06/26
Committee: LIBE
Amendment 605 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
2017/06/26
Committee: LIBE
Amendment 610 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the right to legal assistance for the lodging of the individual application, including the possibility of free legal assistance in accordance with Article 15;
2017/06/26
Committee: LIBE
Amendment 616 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point e
(e) the time-frame of the procedureany time-limits which they are required to respect and the time-limits which the responsible authorities are required to respect;
2017/06/26
Committee: LIBE
Amendment 617 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point f
(f) the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation) including the right to free legal assistance and representation;
2017/06/26
Committee: LIBE
Amendment 642 #
Proposal for a regulation
Article 8 – paragraph 6
6. The determining authority shall give applicants notice win writhin a reasonable timeg within seven days of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority mayshall give notice of the decision to him or her instead ofas well as to the applicant.
2017/06/26
Committee: LIBE
Amendment 750 #
Proposal for a regulation
Article 15 – paragraph 2 – point –a (new)
(-a) assistance in preparing and lodging the application in accordance with Article 28;
2017/06/26
Committee: LIBE
Amendment 819 #
Proposal for a regulation
Article 20 – paragraph 1
1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
2017/06/26
Committee: LIBE
Amendment 829 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
2017/06/26
Committee: LIBE
Amendment 889 #
Proposal for a regulation
Article 24 – paragraph 1
1. Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor. The applicant has the right to an effective remedy against the decision on the age assessment.
2017/06/26
Committee: LIBE
Amendment 986 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of six months whichand shall be renewed accordingly toutomatically where no final decision has yet been reached on the application for international protection, ensureing that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
2017/06/26
Committee: LIBE
Amendment 1148 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
(a) a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 44, unless it is clear that the applicant will not be admitted or readmitted to that country;deleted
2017/06/26
Committee: LIBE
Amendment 1150 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
(b) a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 45, unless it is clear that the applicant will not be admitted or readmitted to that country;deleted
2017/06/26
Committee: LIBE
Amendment 1152 #
Proposal for a regulation
Article 36 – paragraph 1 – point c
(c) the application is a subsequent application, where no new relevant elements or findings relating to the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation) or relating to the inadmissibility ground previously applied, have arisen or have been presented by the applicant;deleted
2017/06/26
Committee: LIBE
Amendment 1156 #
Proposal for a regulation
Article 36 – paragraph 2
2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant, or where an application is rejected as inadmissible in accordance with paragraph 1.deleted
2017/06/26
Committee: LIBE
Amendment 1163 #
Proposal for a regulation
Article 36 – paragraph 4
4. Where after examining an application in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the first Member State in which the application is lodged considers it to be admissible, the provision of paragraph 1(a) and (b) need not be applied again by the Member State responsible.deleted
2017/06/26
Committee: LIBE
Amendment 1164 #
Proposal for a regulation
Article 36 – paragraph 5
5. Where the determining authority prima facie considers that an application may be rejected as manifestly unfounded, it shall not be obliged to pronounce itself on the admissibility of the application.deleted
2017/06/26
Committee: LIBE
Amendment 1291 #
Proposal for a regulation
Article 41 – paragraph 4
4. In the event of arrivals involving a disproportionate number of third-country nationals or stateless persons lodging applications for international protection at the border or in a transit zone, making it difficult in practice to apply the provisions of paragraph 1 at such locations, the border procedure may also be applied at locations in proximity to the border or transit zone.deleted
2017/06/26
Committee: LIBE
Amendment 1294 #
Proposal for a regulation
Article 41 – paragraph 5
5. The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where: (a) the applicant comes from a third country considered to be a safe country of origin in accordance with the conditions set out in Article 47; (b) the applicant may for serious reasons be considered to be a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law; (c) there are reasonable grounds to consider that a third country is a safe third country for the applicant in accordance with the conditions of Article 45; (d) the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision. Point (d) shall only be applied where there are serious grounds for considering that the applicant is attempting to conceal relevant elements which would likely lead to a decision refusing to grant international protection and provided that the applicant has been given an effective opportunity to provide substantiated justifications for his actions.deleted
2017/06/26
Committee: LIBE
Amendment 1403 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point e
(e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2), as appropriate, according to national law, to receive effective protection in accordance with the Geneva Convention, with the full respect of all the rights deriving from it and no geographical scope limitations.
2017/06/26
Committee: LIBE