[ParlTrack]

Proposal for a directive
Recital 11

(11) Minimum standards for the reception of asylum seekers that will suffice to ensure them a dignified standard of living ~~and comparable living conditions in all Member States taking into consideration the level of social assistance available for nationals in the hosting Member State,~~ should be laid down.

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Recital 16

(16) Detention of asylum seekers should be applied in line with the underlying principle that a person should not be held in detention for the sole reason that he/she is seeking international protection, notably in accordance with Article 31 of the Geneva Convention relating to the Status of Refugees of 28 July 1951. ~~In particular Member States should not impose penalties on asylum seekers on account of illegal entry or presence and any restrictions to movement should be necessary.~~ In this respect, detention of asylum seekers should only be possible under very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard both to the manner and to the purpose of such detention. Where an asylum seeker is held in detention he/she should have a right to a judicial remedy before national court.

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 2 – point c – point 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

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 2 – point c – point iv

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

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 2 – point c – point 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 unmarried but it is in the best interests of one or more of them that they reside together;deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 15 – paragraph 1

~~1. Member States shall ensure that applicants have access to the labour market no later than 6 months following the date when the application for international protection was lodg~~deleted.

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 15 – paragraph 1 a(new)

1a. Member States shall set a period, beginning at the time of submission of the asylum application, during which the applicant shall not have access to the labour market.

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1

Member States shall decide the conditions for granting access to the labour market for the applicant~~, in accordance with their national legislation, without unduly restricting asylum seekers' access to the labour market~~.

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2

Die Mitgliedstaaten tragen dafür Sorge, dass diese Voraussetzungen den Zugang des Asylbewerbers zum Arbeitsmarkt nicht verzögern oder in unangemessener Weise beschränken. Translator's note: this paragraph does not appear in the English version of the Commission document.deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 15 – paragraph 3

3. Access to the labour market shall not be withdrawn during appeals procedures, where an appeal against a negative decision in a regular procedure has suspensive effect, until such time as a negative decision on the appeal is notified.deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1

Member States shall ensure that material reception conditions provide an adequate standard of living for applicants for international protection, which guarantees their subsistence and protects their physical and mental health.deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2

Member States shall ensure that that standard of living is met in the specific situation of persons who have special needs, in accordance with Article 21, as well as in relation to the situation of persons who are in detention.deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 17 – paragraph 5

5. In calculating the amount of assistance to be granted to asylum seekers Member States shall ensure that the total value of material reception conditions to be made available to asylum seekers is equivalent to the amount of social assistance granted to nationals requiring such assistance. Any differences in this respect shall be duly justified.deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 19 – paragraph 2

~~2. Member States shall provide necessary medical or other assistance to applicants who have special needs, including appropriate mental health care when needed, under the same conditions as nationals.~~deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall take into account the specific situation of persons with special needs in the national legislation implementing this Directive. Vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children , victims of trafficking, persons with mental health problems and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, shall always be considered as persons with special needs.

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 22 – paragraph 2

2. In assessing the best interests of the child, Member States shall in particular take due account of the following factors: (a) family reunification possibilities; (b) the minor’s well-being and social development, taking into particular consideration the minor’s ethnic, religious, cultural and linguistic background; (c) safety and security considerations, in particular where there is a risk of the child being a victim of trafficking; (d) the views of the minor in accordance with his/her age and maturity.deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 22 – paragraph 3

3. Member States shall ensure that minors have access to leisure-activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 18 1(a) and (b).deleted

2009/03/30
Committee: LIBE

Hubert PIRKER

Proposal for a directive
Article 25 – paragraph 2

2. Member States shall ensure access to legal assistance and/or representation in the cases referred to in paragraph 1. Such legal assistance and/or representation shall be free of charge where the asylum seeker cannot afford the costs involved. Procedures for access to legal assistance and/or representation in such cases shall be laid down in national law.deleted

2009/03/30
Committee: LIBE

18 Amendments of Hubert PIRKER related to 2008/0244(COD)

ParlTrack - 2011-2024