23 Amendments of Javi LÓPEZ related to 2016/0133(COD)
Amendment 12 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims or who are not likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member where anthe application is first lodged individually verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.
Amendment 20 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion, if this is in their best interests. In order to discourage secondary movements and unnecessary transfers of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative legally present in the territory of a Member State, the Member State responsible should be that wheree one in which the unaccompanied minor firstis present and has lodged his or heran asylum application for international protection, unless it is demonstrat, provided that this would not beis in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that thatminor. Where a transfer is in the best interests of an unaccompanied minor the receiving Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. In case of non-compliance, proportional procedural consequences should follow. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise.
Amendment 23 #
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 25 #
Proposal for a regulation
Recital 23
Recital 23
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible . As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them and of the possibility, during the interview, of providing information regarding the presence of family members, relatives or any other family relations in the Member States, in order to facilitate the procedure for determining the Member State responsible.
Amendment 52 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘'family members’' means, insofar as the family already existed before the applicant arrived on the territory of the Member States , the following members of the applicant’'s family who are present on the territory of the Member States:
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 1
Article 2 – paragraph 1 – point g – indent 1
– the spouse of the applicant or beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the country of origin or of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,
Amendment 55 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
– the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried andr beneficiary, regardless of whether they were born in or out of wedlock or adopted as defined under national law, and the children for whom they bear legal or customary primary responsibility, on condition that they are unmarried or, when they are married, that it is in their best interests, taking due account of their views, to form a family with their parents or legal or customary primary caregiver,
Amendment 56 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
– when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult isthe father, mother, or another adult responsible for the applicant whether by law or practice of the country of origin or of the Member State where the adult is present, on condition that the applicant is a minor and unmarried or, when he or she is a married minor, that it is in his or her best interests, taking due account of his or her views, to form a family with his or her parent or parents or legal or customary primary caregiver. Minor siblings accompanying the father, mother or legal or customary primary caregiver are also considered as family members on condition that they are unmarried or, when they are married, that it is in their best interest, taking due account of their views, to form a family with their paresent or parents or legal or customary primary caregiver,
Amendment 57 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
– when the beneficiary of international protectionthe father, mother, or another adult responsible for the applicant whether by law or practice of the country of origin or of the Member State where the beneficiary is present, on condition that the applicant is a minor and unmarried or, twhe father, mother or another adult responsible forn he or she is a married minor, that it is in his or her best interests, taking due account of his or her views, to form a family with hims or her whether by law or by the practice of the Member State whereparent or parents or legal or customary primary caregiver. Minor siblings accompanying the father, mother or legal or customary primary caregiver are also considered as family members on condition that they are unmarried or, when they are married, that it is in their beneficiary isst interest, taking due account of their views, to form a family with their paresent,nt or parents or legal or customary primary caregiver;
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5
Article 2 – paragraph 1 – point g – indent 5
– the sibling or siblings of the applicant or beneficiary of international protection;
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Before applying the criteria for determining a Member State responsible in accordance with Chapters III and IV, the first Member State in which the application for international protection was lodged, or in the case of an unaccompanied minor the Member State in which the minor is present after having lodged an asylum application if he or she has lodged asylum applications in more than one Member State, shall:
Amendment 72 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) examine whether the application for international protection is inadmissible pursuant to Article 33(2) letters b) and c) of Directive 2013/32/EU when a country which is not a Member State is considered as a first country of asylum or as a safe third country for the applicant; and
Amendment 89 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present. Paragraph 3 shall not be applied to minors and families with minor children.
Amendment 97 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate, and, when necessary, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 98 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Where requested by the applicant, the determining authority shall ensure, in so far as possible, that the interviewers and interpreters are of the same sex as the applicant and that 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.
Amendment 99 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. The person conducting the interview shall be able to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired a general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
Amendment 109 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the preservation of family life, including family reunification possibilities;
Amendment 110 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’'s well-being and social development, taking into particular consideration the minor's ethnic, religious, cultural and linguistic background and having regard, in addition, to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including human trafficking;
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The concept of first country of asylum referred to in article 3(3)(a) of this Regulation may only be applied to accompanied minors when it is in their best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the accompanied minor shall immediately benefit from one of the forms of protection referred to in paragraph 1, article 44, of Regulation (EU) No XXX/XXX (Procedures Regulation). The accelerated examination procedure referred to in article 3(3)(b) and 5(1) of this Regulation shall not be applied to minors, whether unaccompanied or not.
Amendment 126 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor firstis present and has lodged his or heran asylum application for international protection, unless it is demonstrat, provided that this is not in the best interests of the minor.
Amendment 129 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) responsibility for examining the applications for international protection of all the family members and/or minor unmarried siblings shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number of them;
Amendment 149 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. Minors, whether accompanied or unaccompanied, shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Minors and families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.