13 Amendments of Brando BENIFEI related to 2018/0329(COD)
Amendment 178 #
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose a risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case and in the case of children, the best interests of the child should be the primary consideration in an extension decision.
Amendment 255 #
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security. Children, both when unaccompanied or separated and with their families, shall not be detained and Member States shall provide appropriate alternatives to detention in line with the New York Declaration for Refugee sand Migrant of 19 September 2016.
Amendment 479 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals about the consequences of not complying with the obligation referred to in paragraph 1. When children, information shall be provided in a child-friendly manner and in a language they understand, in the presence of child protection officers, or the guardian.
Amendment 566 #
Proposal for a directive
Article 12 – title
Article 12 – title
12 Return and removal of unaccompanied minorschildren
Amendment 571 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities - including child protection officers for the entire duration of the process - enforcing return shall be granted with due consideration being given to the best interests of the child. Prior the decision to remove an unaccompanied child Member States shall also take into consideration the legitimate and stable ties the child has developed in the Member States, including the attendance to school.
Amendment 578 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return and shall conduct a thorough follow-up to ensure the child best interest is fully respected. When the return is deemed in the best interest of the child, Member States shall ensure the child receives appropriate assistance.
Amendment 581 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Unaccompanied children shall be assisted by a guardian throughout the entire process and the best interest of the child shall be the primary consideration in all decisions.
Amendment 586 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – point b
Article 13 – paragraph 1 – subparagraph 1 – point b
(b) if the obligation to return has not been complied with. In the case of children return decision shall not be accompanied by an entry ban.
Amendment 717 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall onlynot be detained as a measure of last resort and for the shortest appropriate period of time.
Amendment 720 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 724 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 729 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 733 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5