3 Amendments of Laura FERRARA related to 2014/0202(COD)
Amendment 5 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) This Regulation should take account of the 2008 UNHCR Guidelines on Determining the Best Interests of the Child.
Amendment 16 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) No 604/2013
Article 8 – paragraph 4c
Article 8 – paragraph 4c
4c. The Member State requested to take back an unaccompanied minor shall cooperate with the Member State where the unaccompanied minor is present in order to assess the best interests of the minor. In accordance with paragraphs 4, 4a and 4b, Member States shall assess the best interests of the minor on an individual basis and before the decision has been taken by the Member State responsible. In particular, in their assessment, Member States shall take due account of the following criteria: (a) the time necessary for completing asylum application procedures; (b) the need to avoid unnecessary transfers as much as possible; (c) the development and social welfare of the minor, with particular reference to his or her social and cultural background; (d) safety and security considerations, in particular where there is a risk of the minor being a victim of human trafficking.
Amendment 19 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Regulation (EU) No 604/2013
Article 27 – paragraph 1
Article 27 – paragraph 1
1a. Article 27(1) is replaced by the following: "1. The applicant or another person as referred to in Article 18(1)(c) or (d) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, before a court or tribunal, against a transfer decision, before a court or tribunal."the failure to submit a take back request pursuant to Articles 21, 23 and 24, or a decision relating to the take back request pursuant to Articles 22 and 25 or a review of the above.”