40 Amendments of Ignazio CORRAO related to 2016/0222(COD)
Amendment 64 #
Proposal for a directive
Recital 8
Recital 8
Amendment 71 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure that applicants are aware of the consequences of absconding, Member States should inform applicants in a uniform manner, as soon as possiblet the time when the person concerned expresses the intention to apply for international protection and at the latest when they lodge their application, of all the obligations with which applicants must comply relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits.
Amendment 72 #
Proposal for a directive
Recital 12
Recital 12
(12) Harmonised EU rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the Union. It needs to be clarified that Member States should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise. The validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued. Serious humanitarian reasons could for instance be considered when an applicant needs to travel to another State for medical treatment or to visit relatives in particular cases, such as for visits to close relatives who are seriously ill, or to attend marriages or funerals of close relatives. Other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes, where applicants are required to travel as part of study curricula or where minors are travelling with foster familiesThe validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued.
Amendment 79 #
Proposal for a directive
Recital 13
Recital 13
(13) Applicants do not have the right to choose the Member State of application. An applicant must apply for international protection ion the Member State either of first entry or, in case of legal presence, in the Member State of legal stay or residence. An applicant who has not complied with this obligation is less likely, following a determination of the Member State responsible under Regulation (EU) No XXX/XXX [Dublin Regulation], to be allowed to stay in the Member State where the application was made and consequently more likely to abscond. His or her whereabouts should therefore be closely monitoredbasis of the criteria established in Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 84 #
Proposal for a directive
Recital 14
Recital 14
(14) Applicants are required to be present in the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. In casWhere an applicant has absconded from thistravelled to another Member State and, without authorisation, travelled to another Member State, it is vital, for the purpose of ensuring a well- functioning Common European Asylum System that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.
Amendment 89 #
Proposal for a directive
Recital 16
Recital 16
(16) For reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States should, where necessary, assign the applicant residence in a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.
Amendment 94 #
Proposal for a directive
Recital 20
Recital 20
(20) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection, particularly in accordance with the international legal obligations of the Member States and with Article 31 of the Geneva Convention. Applicants may be detained only under the very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention. Minors should not be detained or placed in confinement under any circumstances. Detention of applicants pursuant to this Directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority and the right to free legal assistance.
Amendment 105 #
Proposal for a directive
Recital 32
Recital 32
(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender-based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care.
Amendment 125 #
Proposal for a directive
Recital 39
Recital 39
Amendment 129 #
Proposal for a directive
Recital 41
Recital 41
(41) To ensure that the material reception conditions provided to applicants comply with the principles set out in this Directive, it is necessary to further clarify the nature of those conditions, including not only housing, food and clothing but also essential non-food items such as sanitary items. It is also necessary that Member States determine the level of material reception conditions provided in the form of financial allowances or vouchers on the basis of relevant references to ensure adequate standards of living for nationals, such as minimum income benefits, minimum wages, minimum pensions, unemployment benefits and social assistance benefits . That does not mean that the amount granted should be the same as for nationals. Member States may grant less favourable treatment to applicants than to nationals as specified in this Directive.
Amendment 143 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) ‘Adequate standard of living’: means a quality of life such as to guarantee the health and well-being of the applicant and their family, with particular regard to receiving the necessary food, clothing, accommodation, medical treatment and social services;
Amendment 158 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall inform applicants, as soon as possiblet the time when the person concerned expresses the intention to apply for international protection and at the latest when they are lodginge their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 170 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shallmay provide applicants with a travel document only when serious humanitarian or other imperativewhen reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.
Amendment 190 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part
Article 7 – paragraph 2 – subparagraph 1 – point d – introductory part
(d) to effectively prevent the applicant from absconding, in particular:;
Amendment 192 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Amendment 198 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Amendment 202 #
Proposal for a directive
Article 7 – paragraph 2 –subparagraph 1 – point d – indent 3
Article 7 – paragraph 2 –subparagraph 1 – point d – indent 3
Amendment 208 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States shallmay, where necessary, and with the authorisation of the judicial authorities, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding.
Amendment 214 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall require applicants to inform the competent authorities of their current place of residence or address, including their e- mail address, or a telephone number where they may be reached and notify any change of telephone number or address to such authorities as soon as possible.
Amendment 225 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Article. Applicants shall be immediately informed in writing, in a language which they understand or are reasonably supposed to understand, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non- compliance with the obligations imposed by the decision.
Amendment 229 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Under no circumstances may minors be detained or placed in confinement.
Amendment 230 #
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Any decision which involves detaining the applicant must be taken by judicial authorities;
Amendment 243 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Detention of applicants shall be ordered in writing by judicial or administrative authorities. The detention order shall state the reasons in fact and in law on which it is based.
Amendment 245 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 246 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Amendment 247 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Amendment 258 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 265 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Amendment 267 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 271 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 320 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
Article 15 – paragraph 3 – subparagraph 1 – point c
(c) education and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational training;
Amendment 328 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 332 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii
Article 15 – paragraph 3 – subparagraph 2 – point iii
Amendment 367 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observe the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with an adequate standard of living which guarantees his or her subsistence and protects his or her physical and mental healthas defined in this Directive.
Amendment 390 #
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 2
Article 17 – paragraph 9 – subparagraph 2
Such different conditions shall in any circumstances ensure access to health care in accordance with Article 18 and a dignifiedn adequate standard of living as defined in this Directive for all applicants.
Amendment 395 #
Proposal for a directive
Article 17a
Article 17a
Amendment 427 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point f
Article 19 – paragraph 2 – subparagraph 1 – point f
Amendment 430 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point g
Article 19 – paragraph 2 – subparagraph 1 – point g
Amendment 433 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 – point h
Article 19 – paragraph 2 – subparagraph 1 – point h
Amendment 438 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2