BETA

17 Amendments of Dragoş TUDORACHE related to 2018/0329(COD)

Amendment 168 #
Proposal for a directive
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding existsa closed, harmonized and exhaustive list of proven, Union-wide objective criteria defined by law.
2020/09/28
Committee: LIBE
Amendment 188 #
Proposal for a directive
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return tailored to the individual circumstances and prospects of the returnee, with particular attention for unaccompanied minors, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
2020/09/28
Committee: LIBE
Amendment 285 #
Proposal for a directive
Recital 32
(32) Without prejudice to the possibility for Member States not to apply this Directive with regard to the cases referred to in Article 2(2)(a), when a border procedure is applied in accordance with Regulation (EU) …/… [Asylum Procedure Regulation], a specific border procedure should follow for the return of illegally staying third-country nationals whose application for international protection under that asylum border procedure has been rejected in order to ensure direct complementarity between the asylum and return border procedures and prevent gaps between the procedures. In such cases, it is necessary to establish specific rules that ensure the coherence and synergy between the two procedures and preserve the integrity and effectiveness of the whole process.deleted
2020/09/28
Committee: LIBE
Amendment 290 #
Proposal for a directive
Recital 33
(33) To ensure effective return in the context of the border procedure, a period for voluntary departure should not be granted. However, a period for voluntary departure should be granted to third- country nationals who hold a valid travel document and cooperate with the competent authorities of the Member States at all stages of the return procedures. In such cases, to prevent absconding, third-country nationals should hand over the travel document to the competent authority until their departure.deleted
2020/09/28
Committee: LIBE
Amendment 296 #
Proposal for a directive
Recital 34
(34) For a rapid treatment of the case, a maximum time limit is to be granted to appeal against a return decision following a decision rejecting an application for international protection adopted under the border procedure and which became final.deleted
2020/09/28
Committee: LIBE
Amendment 306 #
(35) An appeal against a return decision taken in the context of the border procedure should have an automatic suspensive effect in cases where there is a risk of breach of the principle of non- refoulement, there has been a significant change in the situation of the third- country national concerned since the adoption under the asylum border procedure of the decision rejecting his or her application for international protection, or if no judicial remedy was effectively exercised against the decision rejecting his or her application for international protection adopted under the asylum border procedure.deleted
2020/09/28
Committee: LIBE
Amendment 311 #
Proposal for a directive
Recital 36
(36) It is necessary and proportionate to ensure that a third country national who was already detained during the examination of his or her application for international protection as part of the asylum border procedure may be kept in detention in order to prepare the return and/or carry out the removal process, once his or her application has been rejected. To avoid that a third country national is automatically released from detention and allowed entry into the territory of the Member State despite having been denied a right to stay, a limited period of time is needed in order to try to enforce the return decision issued at the border. The third-country national concerned may be detained in the context of the border procedure for a maximum period of four months and as long as removal arrangements are in progress and executed with due diligence. That period of detention should be without prejudice to other periods of detention established by this Directive. Where it has not been possible to enforce return by the end of the former period, further detention of the third-country national may be ordered under another provision of this Directive and for the duration provided for therein.deleted
2020/09/28
Committee: LIBE
Amendment 393 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at leastmay only include the following criteria:
2020/09/28
Committee: LIBE
Amendment 446 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withtake measures that facilitate that the competent authorities ofand the Member States at all stages of the return procedures. That obligation shall include the following in particular:third country national to mutually cooperate and provide information.
2020/09/28
Committee: LIBE
Amendment 447 #
Proposal for a directive
Article 7 – paragraph 1 – point a
(a) the duty to provide all the elements that are necessary for establishing or verifying identity;deleted
2020/09/28
Committee: LIBE
Amendment 454 #
Proposal for a directive
Article 7 – paragraph 1 – point b
(b) the duty to provide information on the third countries transideleted;
2020/09/28
Committee: LIBE
Amendment 457 #
Proposal for a directive
Article 7 – paragraph 1 – point c
(c) the duty to remain present and available throughout the procedures;deleted
2020/09/28
Committee: LIBE
Amendment 463 #
Proposal for a directive
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document.deleted
2020/09/28
Committee: LIBE
Amendment 474 #
Proposal for a directive
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation. (1) The third country national shall, to the best of his/her knowledge and capabilities, inform the competent authorities on the elements necessary to establish or verify his/her identity, including, where available, documentation regarding nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation. The third country national shall also remain present and available throughout the procedure and shall, to the extent possible and where not jeopardising his or her rights or safety, cooperate with lodging a request for obtaining a valid travel document with the competent authorities of third countries.
2020/09/28
Committee: LIBE
Amendment 478 #
Proposal for a directive
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals aboutin writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language on the basis of a standard template which shall be developed by the European Border and Coast Guard Agency, and in a language that the applicant understands. Where necessary, this information shall, in addition, be supplied orally and in a visual form through videos or pictograms, and shall take into account the individual circumstances, especially for vulnerable persons. This information shall include, at least, a clear overview of the return procedure, the rights and obligations during the procedure, the consequences of not complying with thean obligation referred to in paragraph 1. to return following a return decision, and the contacts of non-governmental and international organisations that can provide advice, and the options for sustainable returns, such as support and reintegration measures.
2020/09/28
Committee: LIBE
Amendment 573 #
Proposal for a directive
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 enforcing return shall be granted with due consideration being given to the best interests of the chiland the best interests of the child shall be the primary consideration and the guardian or legal representative who is appointed to assist the unaccompanied minor shall be consulted.
2020/09/28
Committee: LIBE
Amendment 603 #
Proposal for a directive
Article 14 – paragraph 1
1. Each Member State shall set up, operate, maintain and further develop a national return management system, which shall process all the necessary information for implementing this Directive, in particular as regards the management of individual cases as well as of any return- related procedure, including post-return monitoring and support to ensure sustainable returns.
2020/09/28
Committee: LIBE