8 Amendments of Patryk JAKI related to 2018/0329(COD)
Amendment 411 #
Proposal for a directive
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) being subject of a return decision issued by another Member State; , if consent for transit has not been given pursuant to Article 9(5)
Amendment 543 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. 5 If a return decision sets a deadline for voluntary departure and provided that the third-country national to whom that decision pertains does not constitute a threat to public order or public security or to the national security of the Member States, he or she may, within that deadline and for the sole purpose of enforcing that decision, transit through the territory of a Member State other than the one which issued the decision. Member States may require such transit to be subject to their prior consent. Member States shall inform the Commission and each other of the introduction or withdrawal of the obligation to obtain their prior consent for the transit of a third-country national through their territories.
Amendment 545 #
Proposal for a directive
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4 b. 5. If a third-country national is found on the territory of a Member State: (a) in respect of whom a return decision has been issued by another Member State without a time limit for voluntary departure, (b) who, despite being covered by a return decision issued by another Member State which sets a deadline for voluntary departure, has not obtained consent to transit through the territory of that Member State, if such consent was required, (c) who is considered a threat to public order or public security or to the national security of that Member State then that Member State may either apply the procedure laid down in Council Directive 2001/40/EC or return the third- country national concerned to the Member State that issued the decision.
Amendment 561 #
Proposal for a directive
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. Member States may decide that any costs they incur in connection with an expulsion shall be reimbursed by the third-country national concerned by the return decision or by any other person or entity responsible for the third-country national’s stay or employment in their territory.
Amendment 597 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
Member States shall consider withdrawing or suspending an entry ban where a third- country national who is the subject of an entry ban issued in accordance with paragraph 1, second subparagraph, can demonstrate that he or she has left the territory of a Member State in full compliance with a return decision. Member States shall make the withdrawal or suspension of an entry ban conditional upon the third-country national or other person or liable entity paying the charges arising from the decision, taken in accordance with Article 10(7), to establish the costs related to the expulsion of that third-country national. In such a case, the entry ban shall not be withdrawn or suspended until the third-country national or other person or liable entity has paid those charges. If the charges have not been paid by the end of the period of the entry ban, that period shall be extended until the date on which those charges become time-barred under national law.
Amendment 652 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States shall establish reasonablea time limit not exceeding five (5) days and other necessary rules to ensure the exercise of the right to an effective remedy pursuant to this Article.
Amendment 702 #
Proposal for a directive
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6 a. 7. Member States may detain a third-country national for a second time despite having made use of the period provided for in paragraph 6 if, after his or her release from detention, circumstances arise which make it possible to enforce a return decision previously issued in relation to that third-country national. The new period of detention shall not exceed 30 days.
Amendment 744 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Return decisions issued in return procedures carried out in accordance with paragraph 1 of this Article shallmay be given by means of a standard form as set out under national legislation, in accordance with Article 15(3).