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4 Amendments of Malin BJÖRK related to 2014/0202(COD)

Amendment 9 #
Malin BJÖRK
Proposal for a regulation
Article 1 – paragraph -1 a (new)
Regulation (EU) 604/2013
Recital 13
"-1a. Recital 13 shall be replaced by the following: "13. In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor's well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.The assessment of the best interests of the child in the context of the decision on the determination of the Member State responsible for examining an application for international protection should always be carried out on an individual basis* and before the decision on the Member State responsible is taken. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability in line with 2008 UNHCR Guidelines on Determining the Best Interests of the Child. ______________________________ * General comment No14 (2013) on the Right of the Child to have his or her best interests taken as a primary consideration (Art. 3 (1)), 48 (CRC/CGC/14)). "
2015/02/05
Committee: LIBE
Amendment 11 #
Malin BJÖRK
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EU) No 604/2013
Article 8 – paragraph 4a
4a. Where the unaccompanied minor has no family member, sibling or relative legally present in a Member State as referred to in paragraphs 1 and 2, the Member State responsible shall be the one where the unaccompanied minor has lodged an application for international protection and is present, provided that this is in the best interests of the minorchild.
2015/02/05
Committee: LIBE
Amendment 13 #
Malin BJÖRK
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EU) No 604/2013
Article 8 – paragraph 4b – first subparagraph
Where an applicant as referred to in paragraph 4a is present in the territory of a Member State without having lodged an application there, that Member State shall inform the unaccompanied minor of the right to make an application and give him or her an effective opportunityin a child- sensitive way and adapted to the age, literacy, and level of maturity of the child and give him or her an effective opportunity and assistance, including legal advice and social services, to lodge an application in that Member State.
2015/02/05
Committee: LIBE
Amendment 18 #
Malin BJÖRK
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Regulation (EU) No 604/2013
Article 27 – paragraph 1
1a. In Article 27 paragraph 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 tribunala failure to submit a take-charge or take-back request as referred to in Articles 21, 23 and 24, or a decision on the request to take charge or to take back as referred to in Articles 22 and 25."
2015/02/05
Committee: LIBE
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