10 Amendments of Emil RADEV related to 2018/0329(COD)
Amendment 187 #
Proposal for a directive
Recital 17
Recital 17
(17) The appeal against a return decision that is based on a decision rejecting an application for international protection which was already subject to an effective judicial remedy should take place before a singlone level of jurisdiction only, since the third-county national concerned would have already had his or her individual situation examined and decided upon by a judicial authority in the context of the asylum procedure.
Amendment 216 #
Proposal for a directive
Recital 25
Recital 25
(25) When an illegally staying third- country national is detected during exit checks at the external borders, it may be appropriate toMember States should impose an entry ban in order to prevent future re-entry and therefore to reduce the risks of illegal immigration. When justified, following an individual assessment and in application of the principle of proportionality, an entry ban may be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third-country national concerned.
Amendment 246 #
Proposal for a directive
Recital 32
Recital 32
(32) Without prejudice to the possibility for Member States not to apply this Directive with regard to the cases referred to in Article 2(2)(a), whenif a border procedure is applied in accordance with Regulation (EU) …/… [Asylum Procedure Regulation], a specific border procedure should follow for the return of illegally staying third-country nationals whose application for international protection under that asylum border procedure has been rejected in order to ensure direct complementarity between the asylum and return border procedures and prevent gaps between the procedures. In such cases, it is necessary to establish specific rules that ensure the coherence and synergy between the two procedures and preserve the integrity and effectiveness of the whole process.
Amendment 343 #
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) unauthorised movement to the territory of another Member State or of a third country, or attempts to do so;
Amendment 358 #
Proposal for a directive
Article 6 – paragraph 1 – point n
Article 6 – paragraph 1 – point n
(n) opposing violently or fraudulently the return procedures, including by deliberately providing false information in an oral or written form or deliberately concealing essential information about the case prior to the return;
Amendment 499 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States mayshall 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, w. Where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality, an entry ban may be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third-country national concerned.
Amendment 545 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in Article 15(1), before a competent judicial or administrative authority.
Amendment 550 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The third-country national concerned shall be granted the right to appeal before a singlt least one level of jurisdiction against the return decision where that decision is based on a decision rejecting an application for international protection taken in accordance with Regulation EU) …/… [Asylum Procedure Regulation] that was subject to an effective judicial review in accordance with Article 53 of that Regulation.
Amendment 601 #
Proposal for a directive
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Member States may re-detain a third country national despite reaching the limit of the period referred to in paragraphs 5 and 6 if, after the release from detention facilities, there are circumstances present that allow the enforcement of the return decision issued to the same third country national.
Amendment 637 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shallmay, on a voluntary basis, establish return procedures applicable to illegally staying third-country nationals subject to an obligation to return following a decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation].