28 Amendments of Simon BUSUTTIL related to 2009/0164(COD)
Amendment 15 #
Proposal for a directive
Title
Title
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries ofrefugees and persons who otherwise need international protection and the content of the protection granted
Amendment 20 #
Proposal for a directive
Recital 18
Recital 18
Amendment 21 #
Proposal for a directive
Recital 25
Recital 25
(25) Protection can be provided not only by the State but also by parties or organisations, including international organisations, meeting the conditions of this Directive, which control a region or a larger area within the territory of the State and are willing and able to enforce the rule of law. Such protection should be effective and of a durable nature.
Amendment 28 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) Family members of beneficiaries of subsidiary protection status need not necessarily be granted the same benefits; however, the benefits granted to such family members must be proportionate to those granted to beneficiaries of subsidiary protection status.
Amendment 29 #
Proposal for a directive
Recital 37
Recital 37
(37) It is necessary to ensure full respect for the principle of non-discrimination, while responding to the call of the Hague programme for the establishment of a uniform status. To that effect, and with the exception of derogations which are. Where this is necessary and objectively justified, beneficiaries of subsidiary protection should be granted the same rights and benefits as refugees, and should be subject to the same conditions of eligibility. At the same time, pursuant to Article 78(2)(a) and (b) of the Treaty on the Functioning of the European Union, it must remain possible to make a distinction between a uniform status of asylum and a uniform status of subsidiary protection.
Amendment 31 #
Proposal for a directive
Recital 43
Recital 43
(43) Especially to avoid social hardship, it is appropriate, for beneficiaries of internationalrefugee or subsidiary protection status, to provide without discrimination in the context of social assistance the adequate social welfare and means of subsistence.
Amendment 32 #
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) With regard to social assistance and healthcare, the arrangements for and details of the provision of core benefits should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood on the basis that this concept covers at least minimum income support, assistance in case of illness and pregnancy and parental assistance, in so far as they are granted to nationals in accordance with the laws of the Member State concerned.
Amendment 40 #
Proposal for a directive
Article 2 – point j – indent 3
Article 2 – point j – indent 3
Amendment 41 #
Proposal for a directive
Article 2 – point j – indent 4
Article 2 – point j – indent 4
Amendment 42 #
Proposal for a directive
Article 2 – point j – indent 5
Article 2 – point j – indent 5
Amendment 49 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State and which are willing and able to enforce the rule of law.
Amendment 57 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Paragraph 1 shall apply notwithstanding technical obstacles to returning to the country of origin.
Amendment 65 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 66 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 72 #
Proposal for a directive
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. Within the limits set by the Geneva Convention, Member States may reduce the benefits granted under this Chapter to refugees whose status has been obtained on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for recognition as a refugee.
Amendment 73 #
Proposal for a directive
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Within the limits set by their international obligations, Member States may reduce the benefits granted under this Chapter to beneficiaries of subsidiary protection status who have obtained that status on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for recognition as a beneficiary of subsidiary protection status.
Amendment 76 #
Proposal for a directive
Article 23 – paragraph 2 - subparagraph 1 a and 1 b (new)
Article 23 – paragraph 2 - subparagraph 1 a and 1 b (new)
In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may lay down the conditions governing the granting of such benefits. In such cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.
Amendment 78 #
Proposal for a directive
Article 24 – subparagraph 1
Article 24 – subparagraph 1
As soon as possible after their status has been granted, Member States shall issue to beneficiaries of international protectionpersons granted refugee status a residence permit which must be valid for at least three years and renewable unless compelling reasons of national security or public order otherwise require, and without prejudice to Article 21(3).
Amendment 81 #
Proposal for a directive
Article 24 – subparagraph 2
Article 24 – subparagraph 2
Without prejudice to Article 23(1), the residence permit to be issued to the family members of the beneficiaries of international protectionpersons granted refugee status may be valid for less than three years and renewable.
Amendment 84 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall authorise beneficiaries of international protectionpersons granted refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after protectionthe status has been granted.
Amendment 86 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training, including training courses for upgrading of skills, practical workplace experience and counselling services afforded by employment offices are offered to beneficiaries of international protectionpersons granted refugee status, under equivalent conditions as nationals.
Amendment 88 #
Proposal for a directive
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self- employed activities subject to the rules generally applicable to the profession and to the public service immediately after subsidiary protection status has been granted. Due account may be taken of the labour market situation in the Member States; this shall include an assessment of the justification for granting prioritisation of access to employment for a limited period, in accordance with national law. Member States shall ensure that beneficiaries of subsidiary protection status have access to posts which they have been offered in accordance with national rules on labour market prioritisation.
Amendment 89 #
Proposal for a directive
Article 26 – paragraph 3 b (new)
Article 26 – paragraph 3 b (new)
3b. Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related educational opportunities for adults, vocational training and practical workplace experience, subject to conditions they themselves lay down.
Amendment 91 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that beneficiaries of internationalrefugee or subsidiary protection status receive, in the Member State that has granted such protection, the necessary social assistance, as provided to nationals of that Member State.
Amendment 94 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. By way of derogation from the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which shall then be provided at the same levels and subject to the same eligibility conditions as they are to nationals.
Amendment 96 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that beneficiaries of internationalrefugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such protection.
Amendment 97 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. By way of derogation from the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection status to core benefits which shall then be provided at the same levels and subject to the same eligibility conditions as they are to nationals.
Amendment 102 #
Proposal for a directive
Article 32
Article 32