[ParlTrack]

Proposal for a regulation
Recital 5 a (new)

(5a) As regards the introduction in successive phases of a common European asylum system that should lead, in the longer term, to a common procedure and a uniform status, valid throughout the Union, for those granted asylum, it is appropriate at this stage, while making the necessary improvements in the light of experience, to confirm the principles underlying the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990 (hereinafter referred to as the Dublin Convention), whose implementation has stimulated the process of harmonising asylum policies.

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 2 – paragraph (i) – subparagraph (iii)

(iii) the married minor children of couples referred to in point (i) or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under the national law, where it is in their best interests to reside with the applicant;Deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 2 – paragraph (i) – subparagraph (iv)

(iv) the father, mother or guardian of the applicant when the latter is a minor and unmarried, or when he is a minor and married but it is in his/her best interests to reside with his/her father, mother or guardian ;deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 2 – paragraph (i) – subparagraph (v)

(v) the minor unmarried siblings of the applicant, when the latter is a minor and unmarried, or when the applicant or his/her siblings are minors and married but it is in the best interests of one or more of them that they reside together;Deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 7 – paragraph 3

3. By way of derogation from paragraph 2, in order to ensure respect for the principle of family unity and of the bests interests of the child, the Member State responsible in accordance with the criteria laid down in Articles 8 to 12 shall be determined on the basis of the situation obtaining when the asylum seeker lodged his/her most recent application for international protection. This paragraph shall apply on condition that the previous applications of the asylum seeker have not yet been subject of a first decision regarding the substance.deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 8 – paragraph 4

4. In the absence of a family member or of another relative, the Member State responsible for examining the application shall be that where the minor has lodged his or her most recent application for international protection, provided that this is in the best interests of the minor.Deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 11 – paragraph 1

1. Where the asylum seeker is dependent on the assistance of a relative on account of pregnancy or a new-born child, serious illness, severe handicap or old age, or where a relative is dependent on the assistance of the asylum seeker for the same reasons, the Member State responsible for examining the application shall be the one considered the most appropriate for keeping them together or reunifying them, provided that family ties existed in the country of origin and that the persons concerned expressed their desire in writing. In determining the most appropriate Member State, the best interests of the persons concerned shall be taken into account, such as the ability of the dependent person to travel.deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 17

1. By way of derogation from Article 3, (1), each Member State may in particular for humanitarian and compassionate reasons, decide to examine an application for international protection lodged with it by a third-country national or a stateless person, even if such examination is not its responsibility under the criteria laid down in this Regulation, provided that the applicant agrees thereto. In such an event, that Member State shall become the Member State responsible within the meaning of this Regulation and shall assume the obligations associated with that responsibility. Where applicable , it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of or take back the applicant by using the ‘DubliNet’ electronic communication network set up under Article 18 of Regulation (EC) No 1560/200 . The Member State becoming responsible in accordance with this paragraph shall also forthwith indicate in EURODAC that it assumed responsibility pursuant to Article 17(6) of Regulation (EC) No [.../...] [concerning the establishment of "EURODAC" for the comparison of fingerprints for the effective application of the Dublin Regulation]. 2. The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time, request another Member State to take charge of an applicant in order to bring together family members, as well as other relatives, on humanitarian grounds based in particular on family or cultural considerations, even where this latter Member State is not responsible under the criteria laid down in Articles 8 to 12 of this Regulation The request to take charge shall contain all the material in the possession of the requesting Member State to allow the requested Member State to assess the situation. The requested Member State shall carry out any necessary checks to substantiate the humanitarian reasons cited, and shall give a decision on the request within two months of the date on which the request was received. A decision refusing the request shall state the reasons on which it is based. Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.Article 17 Discretionary clauses deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 18 – paragraph 1 – point (d)

(d) take back, under the conditions laid down in Articles 23, 24 and 28, a third- country national or a stateless person whose application has been rejected and who made an application in another Member State or who is in the territory of another Member State without a residence document.Deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 18 – paragraph 2

2. The Member State responsible shall in ~~all~~the circumstances referred to in paragraph 1 (a) toand (db) examine or complete the examination of the application for international protection made by the applicant, within the meaning of Article 2(d). When the Member State responsible had discontinued the examination of an application following its withdrawal by the applicant, it shall revoke that decision and complete the examination of the application, within the meaning of Article 2(d).

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 20 – paragraph 5 – subparagraph 2

This obligation shall cease where the Member State requested to complete the process of determining the responsible Member State can establish, in cooperation with the Member State in which the asylum seeker resides, that the asylum seeker has in the meantime left the territories of the Member States for a period of at least three months or has obtained a residence document from another Member State.

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 25 – paragraph 1

1. Where the requested Member State agrees to take charge or to take back an applicant or another person as referred to in Article 18(1)(d), the requesting Member State shall notify the person concerned of the decision to transfer him/her to the responsible Member State and, where applicable, of not examining his/her application for international protection . Such notification shall be made in writing, in a language which the person is reasonably supposed to understand and within no more than fifteen working days from the date of receipt of the reply from the requested Member State.

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 26 – paragraph 4

4. No transfer shall take place before the decision referred to in paragraph 3 is taken. A decision not to allow the person concerned to remain on the territory of the Member State concerned pending the outcome of his/her appeal or review, shall state the reasons on which it is based.deleted

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Article 27

1. Member States shall not hold a person in detention for the sole reason that he/she is an applicant for international protection in accordance with Directive 2005/85/EC. 2. Without prejudice to Article 8(2) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers], when it proves necessary, on the basis of an individual assessment of each case, and if other less coercive measures cannot be applied effectively, Member States may detain an asylum- seeker or another person as referred to in Article 18(1)(d), who is subject of a decision of transfer to the responsible Member State, to a particular place only if there is a significant risk of him/her absconding. 3. When assessing the application of other less coercive measures for the purpose of paragraph 2, Member States shall take into consideration alternatives to detention such as regular reporting to the authorities, the deposit of a financial guarantee, an obligation to stay at a designated place or other measures to prevent the risk of absconding. 4. Detention pursuant to paragraph 2 may only be applied from the moment a decision of transfer to the responsible Member State has been notified to the person concerned in accordance with Article 25, until that person is transferred to the responsible Member State. 5. Detention pursuant to paragraph 2 shall be ordered for the shortest period possible. It shall be no longer than the time reasonably necessary to fulfil the required administrative procedures for carrying out a transfer. 6. Detention pursuant to paragraph 2 shall be ordered by judicial authorities. In urgent cases it may be ordered by administrative authorities, in which case the detention order shall be confirmed by judicial authorities within 72 hours from the beginning of the detention. Where the judicial authority finds detention to be unlawful, the person concerned shall be released immediately. 7. Detention pursuant to paragraph 2 shall be ordered in writing with reasons in fact and in law, in particular specifying the reasons on the basis of which it is considered that there is a significant risk of the person concerned absconding as well as the time period of its duration. Detained persons shall immediately be informed of the reasons for detention, the intended duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they are reasonably supposed to understand. 8. In every case of a detained person pursuant to paragraph 2, the continued detention shall be reviewed by a judicial authority at reasonable intervals of time either on request by the person concerned or ex-officio. Detention shall never be unduly prolonged. 9. Member States shall ensure access to legal assistance and/or representation in cases of detention pursuant to paragraph 2 that shall be free of charge where the person concerned cannot afford the costs involved. Procedures for access to legal assistance and/or representation in such cases shall be laid down in national law. 10. Minors shall not be detained unless it is in their best interests, as prescribed in Article 7 of this Regulation and in accordance with an individual examination of their situation in accordance with Article 11(5) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers]. 11. Unaccompanied minors shall never be detained. 12. Member States shall ensure that asylum-seekers detained in accordance with this Article enjoy the same level of reception conditions for detained applicants as those laid down in particular in Articles 10 and 11 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers].Article 27 Deleted Detention

2009/04/03
Committee: LIBE

Hubert PIRKER

Proposal for a regulation
Section VII – Article 31

Section VII: Temporary suspension of 1. When a Member State is faced with a particularly urgent situation which places an exceptionally heavy burden on its reception capacities, asylum system or infrastructure, and when the transfer of applicants for international protection in accordance with this Regulation to that Member State could add to that burden, that Member State may request that such transfers be suspended. The request shall be addressed to the Commission. It shall indicate the grounds on which it is based and shall in particular include: (a) a detailed description of the particularly urgent situation which places an exceptionally heavy burden on the requesting Member State’s reception capacities, asylum system or infrastructure, including relevant statistics and supporting evidence; (b) a substantiated forecast of the likely evolution of this situation in the short- term; (c) a substantiated explanation of the further burden that the transfer of applicants for international protection in accordance with this Regulation could add to the requesting Member State’s reception capacities, asylum system or infrastructure, including relevant statistics and other supporting evidence. 2. When the Commission considers that the circumstances prevailing in a Member State may lead to a level of protection for applicants for international protection which is not in conformity with Community legislation, in particular with Directive […/…/EC] laying down minimum standards for the reception of asylum seekers and with Directive 2005/85/EC, it may decide in conformity with the procedure laid down in paragraph 4, that all transfers of applicants in accordance with this Regulation to the Member State concerned be suspended. 3. When a Member State is concerned that the circumstances prevailing in another Member State may lead to a level of protection for applicants for international protection which is not in conformity with Community legislation, in particular with Directive […/…/EC] laying down minimum standards for the reception of asylum seekers and with Directive 2005/85/EC, it may request that all transfers of applicants in accordance with this Regulation to the Member State concerned be suspended. The request shall be addressed to the Commission. It shall indicate the grounds on which it is based and shall in particular include detailed information on the situation in the concerned Member State pointing to a possible lack of conformity with Community legislation, in particular Directive […/…/EC] laying down minimum standards for the reception of asylum seekers and Directive 2005/85/EC. 4. Following the receipt of a request pursuant to paragraphs 1 or 3, or upon its own initiative pursuant to paragraph 2, the Commission may decide that all transfers of applicants in accordance with this Regulation to the Member State concerned be suspended. Such decision shall be taken as soon as possible and at the latest one month following the receipt of a request. The decision to suspend transfers shall state the reasons on which it is based and shall in particular include: (a) an examination of all the relevant circumstances prevailing in the Member State towards which transfers could be suspended; (b) an examination of the potential impact of the suspension of transfers on the other Member States; (c) the proposed date on which the suspension of transfers shall take effect; (d) any particular conditions attached to such suspension. 5. The Commission shall notify the Council and the Member States of the decision to suspend all transfers of applicants in accordance with this Regulation to the Member State concerned. Any Member State may refer the decision of the Commission to the Council within one month from the receipt of the notification. The Council, acting by qualified majority, may take a different decision in one month from the date of the referral by a Member State. 6. Following the decision of the Commission to suspend transfers to a Member State, the other Member States in which the applicants whose transfers have been suspended are present, shall be responsible for examining the applications for international protection of those persons. The decision to suspend transfers to a Member State shall take due account of the need to ensure the protection of minors and of family unity. 7. A decision to suspend transfers to a Member State pursuant to paragraph 1 shall justify the granting of assistance for the emergency measures laid down in Article 5 of Decision No 573/2007/EC of the European Parliament and of the Council, following a request for assistance from that Member State. 8. Transfers may be suspended for a period which cannot exceed six months. Where the grounds for the measures still persist after six months, the Commission may decide, upon a request from the Member State concerned referred to paragraph 1 or upon its own initiative, to extend their application for a further six months period. Paragraph 5 applies. 9. Nothing in this Article shall be interpreted as allowing Member States to derogate from their general obligation to take all appropriate measures, whether general or particular, to ensure fulfilment of their obligations arising out of the Community legislation on asylum, in particular this Regulation, Directive […/…/EC] laying down minimum standards for the reception of asylum seekers, and Directive 2005/85/EC.deleted transfers Article 31

2009/04/03
Committee: LIBE

15 Amendments of Hubert PIRKER related to 2008/0243(COD)

ParlTrack - 2011-2024