30 Amendments of Monika BEŇOVÁ related to 2018/0329(COD)
Amendment 123 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common standards and procedures in Member States for returning illegalrregularly staying third-country nationals (recast) A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 134 #
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migrationn effective and efficient return policy and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 136 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should ensure that the ending of illegalrregular stay of third- country nationals is carried out through a fair and transparent procedure. According to general principles of EU law, decisions taken under this Directive should be adopted on a case-by-case basis and based on objective criteria, implying that consideration should go beyond the mere fact of an illegalrregular stay. When using standard forms for decisions related to return, namely return decisions and, if issued, entry-ban decisions and decisions on removal, Member States should respect that principle and fully comply with all applicable provisions of this Directive.
Amendment 143 #
Proposal for a directive
Recital 8
Recital 8
(8) The need for Union and bilateral readmission agreements with third countries to facilitate the return process is underlined. International cooperation with countries of origin at all stages of the return process is a prerequisite to achieving sustainable return. Continued efforts to improve already existing bilateral readmission agreements should be maintained. Efforts should be made to align the existing readmission agreements to this Directive.
Amendment 148 #
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegalrregularly staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement.
Amendment 150 #
Proposal for a directive
Recital 10
Recital 10
(10) In accordance with Council Directive 2005/85/EC12 , a third-country national who has applied for asylum in a Member State should not be regarded as staying illegalrregularly on the territory of that Member State until a negative decision on the application, or a decision ending his or her right of stay as asylum seeker has entered into force. __________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 154 #
Proposal for a directive
Recital 11
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 existsand limited criteria.
Amendment 172 #
Proposal for a directive
Recital 14
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, 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.
Amendment 210 #
Proposal for a directive
Recital 22
Recital 22
(22) The situation of third-country nationals who are staying illegalrregularly but who cannot yet be removed should be addressed. Their basic conditions of subsistence should be defined according to national legislation. In order to be able to demonstrate their specific situation in the event of administrative controls or checks, such persons should be provided with written confirmation of their situation. Member States should enjoy wide discretion concerning the form and format of the written confirmation and should also be able to include it in decisions related to return adopted under this Directive.
Amendment 273 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Union data protection legislation is applicable to any processing of personal data in the return management systems of the Member States, including the communication of this data to the central system operated by the European Border and Coast Guard Agency. Return management systems should respect the principles of lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability of the data controller. The national return management systems should not contain any information obtained during the personal interview carried out on the basis of Article 15 of Directive 2013/32/EU (Asylum Procedures Directive).
Amendment 331 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 336 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 377 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withfacilitate the cooperation between third-country nationals and the competent authorities of the Member States at all stages of the return procedures. That obligation shall include the following in particular:All information on the procedure shall be given to the third country nationals in a language which they understand.
Amendment 411 #
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
TERMINATION OF ILLEGALRREGULAR STAY
Amendment 413 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall issue a return decision to any third-country national staying illegalrregularly on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.
Amendment 415 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Third-country nationals staying illegalrregularly on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-compliance by the third- country national concerned with this requirement, or where the third-country national’s immediate departure is required for reasons of public policy or national security, paragraph 1 shall apply.
Amendment 417 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States may refrain from issuing a return decision to a third-country national staying illegalrregularly on their territory if the third-country national concerned is taken back by another Member State under bilateral agreements or arrangements existing on 13 January 2009. In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1.
Amendment 419 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third- country national staying illegalrregularly on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 421 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. If a third-country national staying illegalrregularly on the territory of a Member State is the subject of a pending procedure for renewing his or her residence permit or other authorisation offering a right to stay, that Member State shall consider refraining from issuing a return decision, until the pending procedure is finished.
Amendment 425 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shallmay issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].
Amendment 469 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Those measures shall include all measures necessary to confirm the identity of illegalrregularly staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 484 #
Proposal for a directive
Article 12 – paragraph 1
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 child.
Amendment 492 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Return decisions shallmay be accompanied by an entry ban:
Amendment 510 #
Proposal for a directive
Article 14 – paragraph 1
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 reintegration in the country of return.
Amendment 517 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Member States shall establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislation, for the purpose of supporting the return of illegalrregularly staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . __________________ 30Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
Amendment 521 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return.
Amendment 534 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall provide, upon request, a written or oral translation of the main elements of decisions related to return, as referred to in paragraph 1, including information on the available legal remedies in a language the third- country national understands or may reasonably be presumed to understand.
Amendment 617 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be providedPending removal families and unaccompanied minors shall be provided with alternative measures to detention, with separate accommodation guaranteeing adequate privacy.
Amendment 626 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possibleMinors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 638 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall establish return procedures applicable to illegalrregularly staying third-country nationals subject to an obligation to return following a decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation].