40 Amendments of Kostadinka KUNEVA related to 2016/0223(COD)
Amendment 43 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation respects the fundamental rights and observes the principles recogniszed in particular by the Charter of Fundamental Rights of the European Union (the Charter), the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter, the Universal Declaration of Human Rights of 1948, the Geneva Convention of 1951 and the additional protocol thereto. In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, rights of the child, the enjoyment of social rights including social security and social assistance, health care, and should therefore be implemented accordingly.
Amendment 61 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The recognition of subsidiary protection status is a declaratory act.
Amendment 62 #
Proposal for a regulation
Recital 34
Recital 34
(34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice and the European Court of Human rights, should include violence that may extend to people irrespective of their personal circumstance. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, several violation of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.
Amendment 64 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) A person in need of protection because she or he is unable to return to her or his country of origin due to a natural or manmade disaster should also be eligible to qualify for protection under this Regulation.
Amendment 65 #
Proposal for a regulation
Recital 37
Recital 37
(37) The residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this Regulation should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.
Amendment 68 #
Proposal for a regulation
Recital 41
Recital 41
(41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renewwithdraws the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.
Amendment 79 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Calls for gender to be fully mainstreamed into all policies and procedures relating to asylum and migration taking into account the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and with special reference to the accession of the Union to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 80 #
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Highlights the fact that in order to facilitate the social inclusion and integration of refugees into the labour market, it is necessary to take into account, linguistic barriers, diverse socio- economic and cultural backgrounds, disabilities, including psychosocial and mental health well-being in order to tackle discrimination in any grounds;
Amendment 81 #
(46c) Recalls Article 31 of the Charter of Fundamental Rights of the European Union where it is recognised that workers should benefit from fair and just working conditions independently from having a Union or third-country citizenship and regardless of residing legally or not in the Union;
Amendment 82 #
Proposal for a regulation
Recital 47
Recital 47
(47) Within the limits set out by international obligations, the granting of benefits and social rights with regard to access to employment and social security does not requires the prior issuing of a residence permit.
Amendment 83 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 88 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities, housing, health care and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures. As implied by the Reception Directive, by restricting recipients of international protection to work, governments deprive communities of motivated workers, make asylum seekers/refugees vulnerable to exploitation as cheap labour and make the integration process more difficult.
Amendment 89 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) Special measures need to be considered with a view to address the practical difficulties encountered by beneficiaries of international protection concerning the authentication of their foreign diplomas, certificates or other evidence of formal qualifications;
Amendment 90 #
Proposal for a regulation
Recital 49 b (new)
Recital 49 b (new)
(49b) Member States, acting at national, regional and local level, should offer beneficiaries of international protection support and opportunities to integrate and build a life in their new society, which should include accommodation, literacy language courses, intercultural dialogue, education and professional training, as well as effective access to decent jobs.
Amendment 99 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit suchIn order to facilitate their full integration and to avoid any discrimination, Member States should give the same rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should as well as bey given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measursocial assistances.
Amendment 105 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Beneficiaries of international protection should also enjoy access to goods and services and the supply of goods and services made available to the public, including information and counselling services provided by employment offices.
Amendment 128 #
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) acts of a gender-specific or child- specific nature, such as under-age recruitment, genital mutilation, forced marriage, child trafficking and child labour, domestic violence, violations of economic, social and cultural rights.
Amendment 133 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A third-country national or a stateless person shall be excluded from being a refugeethe scope of this Regulation if:
Amendment 134 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. A third-country national or a stateless person shall be excluded from being a refugeethe scope of this Regulation where there are serious reasons for considering that:
Amendment 143 #
Proposal for a regulation
Article 15
Article 15
Amendment 150 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 156 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 159 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union.
Amendment 164 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Nas soon as possible, and in any event no later than 30 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002.
Amendment 166 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of threfive years and be renewable thereafter for periods of three years.five years. Members states may issue residence permits of permanent or unlimited validity on terms that are more favourable than those laid down by this Regulation, following Article 13 of council Directive 2003/108/EC
Amendment 173 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 174 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 175 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445. Those travel documents shall be valid for at least onfive years. _________________ 45 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1)
Amendment 176 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least onfive years.
Amendment 178 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 182 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 189 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Competent authorities, where necessary shall facilitate the full access to the activities referred to in paragraph (2)(c) and (d).
Amendment 200 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 206 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 210 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection. Former international protection applicants who have been receiving medical assistance shall continue receiving treatment after the recognition of their status, for as long as needed.
Amendment 213 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Access to healthcare under the same eligibility conditions as nationals of the Member state that has granted protection shall be provided for asylum seekers also in case their application for international protection is refused. In the case there is a risk that a person's health will deteriorate if returned to his or her country of origin or that a person will risk death because of being deprived of healthcare, the Member state shall not return that person and offer him or her assistance and healthcare according to the right to life and the prohibition of torture and inhuman or degrading treatment or punishment stated by articles 2 and 3 of the Charter of Fundamental Rights of the European Union.
Amendment 214 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
As soon as possible after international protection is granted and within five working days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.
Amendment 223 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation.
Amendment 225 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which should be free of charge and easily accessible and shall take into account their specific needs.
Amendment 231 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States mayshall make participation in integration measures compulsoryeasily accessible, free of charge and taking into account of the specific needs of the beneficiaries.