15 Amendments of Mario BORGHEZIO related to 2009/0165(COD)
Amendment 59 #
Proposal for a directive
Recital 18
Recital 18
(18) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to procedures, the opportunity to cooperate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and sufficient procedural guarantees to pursue his/her case throughout all stages of the procedure. Moreover, the procedure in which an application for international protection is examined should normally provide an applicant at least with the right to stay pending a decision by the determining authority, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) and with organizations providing advice or counselling to applicants for international protection , the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she can reasonably be supposed to understands and, in the case of a negative decision, the right to an effective remedy before a court or tribunal.
Amendment 68 #
Proposal for a directive
Recital 25
Recital 25
(25) Where an applicant makes a subsequent application without presenting new evidence or arguments, it would be disproportionate to oblige Member States to carry out a new full examination procedure. In these cases, Member States should be able to dismiss an application as inadmissible in accordance with the res judicata principle.
Amendment 74 #
Proposal for a directive
Recital 30
Recital 30
(30) Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies for international protection in accordance with Directive […/../EC] [the Qualification Directive] except where the present Directive provides otherwise, in particular where it can be reasonably assumed that another country would do the examination or provide sufficient protection. In particular, Member States should not bare obliged to assess the substance of an application for international protection where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection and the applicant will be readmitted to this country.
Amendment 77 #
Proposal for a directive
Recital 31
Recital 31
(31) Member States shouldare also not be obliged to assess the substance of an application for international protection where the applicant, due to a sufficient connection to a third country as defined by national law, can reasonably be expected to seek protection in that third country, and there are grounds for considering that the applicant will be admitted or re-admitted to that country. Member States should only proceed on this basis where this particular applicant would be safe in the third country concerned. In order to avoid secondary movements of applicants, common principles for the consideration or designation by Member States of third countries as safe should be established.
Amendment 79 #
Proposal for a directive
Recital 39
Recital 39
(39) Since the objective of this Directive, namely to establish minimum standards on procedures in Member States for granting and withdrawing international protection, cannot be sufficiently attained by the individual Member States and can therefore, by reason of the scale and effects of the action, be better achieved at CommunityUnion level, the CommunityUnion may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 80 #
Proposal for a directive
Article 2 – point c
Article 2 – point c
(c) "applicant" or "applicant for international protection" means a third country national or stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;Does not affect English version.
Amendment 84 #
Proposal for a directive
Article 2 – point p
Article 2 – point p
Amendment 122 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) they shall be informed in a language which they may reasonably be supposed to understand of the procedure to be followed and of their rights and obligations during the procedure and the possible consequences of not complying with their obligations and not cooperating with the authorities. They shall be informed of the time-frame, as well as the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Directive […./../EC] [the Qualification Directive ]. This information shall be given in time to enable them to exercise the rights guaranteed in this Directive and to comply with the obligations described in Article 12;
Amendment 124 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) they shall receive the services of an interpreter for submitting their case to the competent authorities whenever necessary. Member States shall consider it necessary to give these services at leastonly when the determining authority calls upon the applicant to be interviewed as referred to in Articles 13, 14, 15, 16 and 30 and appropriate communication cannot be ensured without such services. In this case and in other cases where the competent authorities call upon the applicant, these services shall be paid for out of public funds if the applicant cannot pay for them;
Amendment 126 #
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) they shall be informed of the result of the decision by the determining authority in a language that they may reasonably be supposed to understand when they are not assisted or represented by a legal adviser or other counsellor. The information provided shall include information on how to challenge a negative decision in accordance with the provisions of Article 10(2).
Amendment 129 #
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) applicants have to hand over all documents in their possession relevantnecessary to the examination of the application, such as their passports;
Amendment 130 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) applicants are required to inform the competent authorities of their current place of residence or address and of any changes thereof as soon as possible. Member States mayshall provide that the applicant shall have to accept any communication at the most recent place of residence or address which he/she indicated accordingly;
Amendment 155 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Member States shall ensure that free legal assistance and/or representation be granted on request, subject to the provisions of paragraph 3, if the applicant cannot pay for it. To that end, Member States shall:
Amendment 173 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
With respect to the procedures provided for in Chapter V, Member States may choose to only make free legal assistance and/or representation available to applicants insofar as such assistance is necessary to ensure their effective access to justice. Member States shall ensure that legal assistance and/or representation granted pursuant to this paragraph is not arbitrarily restricted after having verified that the applicants cannot pay for it.
Amendment 190 #
Proposal for a directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b