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15 Amendments of Laura FERRARA related to 2016/0224(COD)

Amendment 77 #
Laura FERRARA
Proposal for a regulation
Recital 39 a
(39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. Where a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into account the guidance note pursuant to Article 10 of Regulation XX/XX on the European Asylum Agency, or where the applicant belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be accelerated. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.deleted
2021/12/16
Committee: LIBE
Amendment 103 #
Laura FERRARA
Proposal for a regulation
Recital 40b
(40b) Member State should be able to choose whether to assess applications in a border procedure where the applicant is a danger to national security or public order, where 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 and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States.
2021/12/16
Committee: LIBE
Amendment 124 #
Laura FERRARA
Proposal for a regulation
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply it for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that case. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.deleted
2021/12/16
Committee: LIBE
Amendment 263 #
Laura FERRARA
Proposal for a regulation
Article 41 – paragraph 3
3. Member State shallmay examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in Article 40(1), point (c), (f) or (i),f) apply.
2021/12/16
Committee: LIBE
Amendment 275 #
Laura FERRARA
Proposal for a regulation
Article 41 – paragraph 4 – second subparagraph
Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shall again apply the provisions of paragraph 3.deleted
2021/12/16
Committee: LIBE
Amendment 277 #
Laura FERRARA
Proposal for a regulation
Article 41 – paragraph 4 – third subparagraph
Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State may continue not to apply paragraph 3: (a) until an implementing act previously adopted by the Council in accordance with Article 25a(5) of Regulation (EC) No 810/2009 is repealed or amended; (b) consider that action is needed in accordance with Article 25a of Regulation (EC) No 810/2009, until the Commission reports in its assessment carried out in accordance with paragraph 2 of that Article that there are substantive changes in the cooperation of the third country concerned.deleted where the Commission does not
2021/12/16
Committee: LIBE
Amendment 289 #
Laura FERRARA
Proposal for a regulation
Article 41 – paragraph 5
5. The border procedure may onlynot be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b).
2021/12/16
Committee: LIBE
Amendment 305 #
Laura FERRARA
Proposal for a regulation
Article 41 – paragraph 7
7. When applying the border procedure, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice to the deadlines established in paragraph 11deleted
2021/12/16
Committee: LIBE
Amendment 639 #
Laura FERRARA
Proposal for a regulation
Article 8 – paragraph 5
5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellors have access to the information referred to in Article 33(2)(eb) and (c) required for the examination of applications and to the information provided by the experts referred to in Article 33(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.
2017/06/26
Committee: LIBE
Amendment 705 #
Laura FERRARA
Proposal for a regulation
Article 12 – paragraph 8 – subparagraph 2
Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.deleted
2017/06/26
Committee: LIBE
Amendment 1341 #
Laura FERRARA
Proposal for a regulation
Article 43 – paragraph 1 – point a
(a) a subsequent application has been rejected by the determining authority as inadmissible or manifestly unfoundedunder Article 42(5);
2017/06/26
Committee: LIBE
Amendment 1346 #
Laura FERRARA
Proposal for a regulation
Article 43 – paragraph 1 – point b
(b) a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible, unfounded or manifestly unfounded under Article 42(5).
2017/06/26
Committee: LIBE
Amendment 1412 #
Laura FERRARA
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
2. TA Member State may apply the concept of safe third country shall be applied:when the third country has been designated at national level as a safe third country in accordance with the criteria laid down in Article 50.
2017/06/26
Committee: LIBE
Amendment 1474 #
Laura FERRARA
Proposal for a regulation
Article 49 – paragraph 4
4. Where such a proposal is not submitted by the Commission within three months from the adoption of the delegated act as referred to in paragraph 2, the delegated act suspending the third country from its designation as a safe third country at Union level or suspending the presence of the third country from the EU common list of safe countries of origin shall cease to have effect. Where such a proposal is submitted by the Commission within three months, the Commission shall be empowered, on the basis of a substantial assessment, to extend the validity of that delegated act for a period of six months, with a possibility to renew this extension once.
2017/06/26
Committee: LIBE
Amendment 1595 #
Laura FERRARA
Proposal for a regulation
Annex I – paragraph 7
Turkeydeleted
2017/06/26
Committee: LIBE
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