BETA

19 Amendments of Annalisa TARDINO related to 2019/2208(INI)

Amendment 22 #
Motion for a resolution
Recital B
B. whereas the twofoldprimary objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective,; welcomes the Commission's focuses on the rate of returns as the primary indicator of the directive’s effectiveness;
2020/07/10
Committee: LIBE
Amendment 32 #
Da. whereas, according to IOM data, around 81,000 African migrants returned to their home nation with the aid of the UN’s International Organization for Migration (IOM) and that such Joint initiative which costed the European Union €357 million was to be considered largely a failure1a; _________________ 1a https://www.euronews.com/2020/06/19/pa ying-for-migrants-to-go-back-home-how- the-eu-s-voluntary-return-scheme-is- failing-the-de
2020/07/10
Committee: LIBE
Amendment 45 #
Motion for a resolution
Paragraph 2
2. Reiterates the importance of an evidence-based approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to encourage and support Member States to collect and publish qualitative and quantitative data on the implementation of the directive;
2020/07/10
Committee: LIBE
Amendment 57 #
Motion for a resolution
Paragraph 3
3. StExpresses thaconcerns about the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, some Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawnas the effective return of third- country nationals who do not have a right to stay ifn the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonsUnion is an essential component of an effective asylum policy;
2020/07/10
Committee: LIBE
Amendment 64 #
Motion for a resolution
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; highlights that such effectiveness should not only be measured in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rights;
2020/07/10
Committee: LIBE
Amendment 86 #
Motion for a resolution
Paragraph 5
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returnsat voluntary returns should be proposed as a way to avoid unnecessary retention or detention period;
2020/07/10
Committee: LIBE
Amendment 96 #
Motion for a resolution
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
2020/07/10
Committee: LIBE
Amendment 115 #
Motion for a resolution
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead tohelp Member States frequently refraining from granting a period for voluntary departureto manage returns more efficiently; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
2020/07/10
Committee: LIBE
Amendment 124 #
Motion for a resolution
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remediesshould be swift and effective;
2020/07/10
Committee: LIBE
Amendment 133 #
Motion for a resolution
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens;
2020/07/10
Committee: LIBE
Amendment 141 #
Motion for a resolution
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; underlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to society;deleted
2020/07/10
Committee: LIBE
Amendment 160 #
Motion for a resolution
Paragraph 11
11. Notes with concernWelcomes the widespread automatic imposition of entry bans, which in some Member States are enforced alongside voluntary departure; stresses that this approach risks reducing incentives to comply with a return decision;
2020/07/10
Committee: LIBE
Amendment 169 #
Motion for a resolution
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve ais an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of absconding;
2020/07/10
Committee: LIBE
Amendment 185 #
Motion for a resolution
Paragraph 14
14. Notes differences in the transposition into national legislations of the definition of the ‘risk of absconding’ and reiterates that Article 3(7) of the directive provides that the existence of such a risk should always be assessed on the basis of objective criteria defined by law;deleted
2020/07/10
Committee: LIBE
Amendment 191 #
Motion for a resolution
Paragraph 15
15. Is concerned that the legislation of several Member States includes extensive lists of ‘objective criteria’ for defining the risk of absconding, which are often applied in a more or less automatic way, while individual circumstances are of marginal consideration;deleted
2020/07/10
Committee: LIBE
Amendment 203 #
Motion for a resolution
Paragraph 16
16. NoteRecalls that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention;
2020/07/10
Committee: LIBE
Amendment 216 #
Motion for a resolution
Paragraph 17
17. Notes that a significant number of alleged children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests; stresses that there should be mandatory procedures to detect adults pretending to be children, such as bone age assessments or dental age assessments, in order to be able to put more focus on real children’s best interest;
2020/07/10
Committee: LIBE
Amendment 226 #
Motion for a resolution
Paragraph 18
18. Calls on Member States to ensure the proper implementation of the directive in all its aspects; calls on the Commission to continue monitoring this implementation and take action in the event of non- compliance;
2020/07/10
Committee: LIBE
Amendment 228 #
Motion for a resolution
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minors;deleted
2020/07/10
Committee: LIBE