[ParlTrack]

Proposal for a directive
Recital 11

(11) Minimum standards for the reception of asylum seekers that will normally 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

Simon BUSUTTIL

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.deleted

2009/03/30
Committee: LIBE

Simon BUSUTTIL

Proposal for a directive
Recital 23 a (new)

(23a) In order to cover any improvements in minimum standards for the reception of asylum seekers, there must be a proportionate increase in the funds made available by the European Union in order to cover the costs of such improvements, especially in the case of Member States which are facing specific and disproportionate pressures on their national asylum systems, owing in particular to their geographical or demographic situation.

2009/03/30
Committee: LIBE

Simon BUSUTTIL

Proposal for a directive
Recital 26

(26) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 6, 7, 18, 24 and 47 of the said Charter and has to be implemented accordingly.

2009/03/30
Committee: LIBE

Simon BUSUTTIL

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

Simon BUSUTTIL

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

Simon BUSUTTIL

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 married but it is in the best interests of one or more of them that they reside together;deleted

2009/03/30
Committee: LIBE

Simon BUSUTTIL

Proposal for a directive
Article 7 – paragraph 3 a (new)

3a. When it proves necessary, for example for legal reasons or reasons of public order, Member States may confine an applicant to a particular place in accordance with their national law.

2009/03/30
Committee: LIBE

Simon BUSUTTIL

Proposal for a directive
Article 8

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 Council Directive 2005/85/EC.19 2. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain an applicant to a particular place in accordance with national legislation, if other less coercive measures cannot be applied effectively. An applicant may only be detained to a particular place: (a) in order to determine, ascertain or verify his identity or nationality; (b) in order to determine the elements on which his application for asylum is based which in other circumstances could be lost; (c) in the context of a procedure, to decide on his right to enter the territory; (d) when protection of national security and public order so requires. This paragraph is without prejudice to Article 11. 3. Member States shall ensure that rules dealing with alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at a designated place, are laid down in national legislation.Article 8 deleted Detention

2009/03/30
Committee: LIBE

Simon BUSUTTIL

Proposal for a directive
Article 9

Guarantees for detained asylum seekers 1. Detention shall be ordered for the shortest period possible. In particular detention pursuant to Article 8 (2) (a), (b) and (c) shall not exceed the time reasonably needed to fulfil the administrative procedures required in order to obtain information on the asylum seeker's nationality or on the elements on which his application is based or to carry out the relevant procedure with a view to deciding on his/her right to enter the territory. Delays in the administrative procedure that cannot be attributed to the asylum seeker shall not justify a continuation of detention. 2. Detention 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, or if there is no decision within 72 hours, the asylum seeker concerned shall be released immediately. 3. Detention shall be ordered in writing. The detention order shall state the reasons in fact and in law on which it is based and shall specify the maximum period of detention. 4. Detained asylum seekers shall immediately be informed of the reasons for detention, the maximum 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. 5. The continued detention shall be reviewed by a judicial authority at reasonable intervals of time either on request by the asylum seeker concerned or ex officio. Detention shall never be unduly prolonged. 6. Member States shall ensure access to legal assistance and/or representation in cases of detention that 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.Article 9 deleted

2009/03/30
Committee: LIBE

Simon BUSUTTIL

Proposal for a directive
Article 11 – paragraph 3

3. DWherever possible, detained families shall be provided with separate accommodation guaranteeing adequate privacy.

2009/03/30
Committee: LIBE

Simon BUSUTTIL

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 lodged~~determine a period of time, starting from the date on which an application for asylum was lodged, during which an applicant shall not have access to the labour market.

2009/03/30
Committee: LIBE

Simon BUSUTTIL

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

Simon BUSUTTIL

Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1

2. Member States shall ensure access to legal assistance and/or representation in the cases referred to in paragraph 1. SWhere possible, such legal assistance and/or representation shall be free of charge where the asylum seeker cannot afford the costs involved.

2009/03/30
Committee: LIBE

14 Amendments of Simon BUSUTTIL related to 2008/0244(COD)

ParlTrack - 2011-2024