41 Amendments of Simon BUSUTTIL related to 2009/0165(COD)
Amendment 58 #
Proposal for a directive
Recital 15
Recital 15
(15) It is essential that decisions on all applications for international protection be taken on the basis of the facts and, in the first instance, by authorities whose personnel has the appropriate knowledge orand receives the necessary training in the field of asylum and refugee matters.
Amendment 81 #
Proposal for a directive
Article 2 – point d
Article 2 – point d
(d) ‘applicant with special needs’ means an applicant who due to age, gender, disability, mental health problemphysical or mental illnesses or consequences of torture, rape or other serious forms of psychological, physical or sexual violence is in need of special guarantees in order to benefit from the rights and comply with the obligations in accordance with this Directive;
Amendment 89 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) gender, trauma and age awareness, with particular attention being paid to unaccompanied minors;
Amendment 95 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where an authority is designated in accordance with paragraph 3, Member States shall ensure that the personnel of that authority have the appropriate knowledge orand receive the necessary training to fulfil their obligations when implementing this Directive.
Amendment 127 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Applicants for international protection shall cooperate with the competent authorities with a view to establishing their identbe required to assist in clarifying the situation and to reveal their identity, nationality and other elements referred to in Article 4(2) of Directive […./../EC] [the Qualification Directive] to the competent authorities. If they are not in possession of a valid passport or a document in lieu of a passport, applicants shall be required to cooperate in obtaining an identity document. So long as applicants are permitted to remain in the Member State under international protection during consideration of the application, they shall not be required to enter into contact with authorities of their country of origin if there is reason to fear persecution by the State. Member States may impose upon applicants other obligations to cooperate with the competent authorities insofar as these obligations are necessary for the processing of the application.
Amendment 143 #
Proposal for a directive
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
e) ensure that interviews with minors are conducted in a child-friendly manner and by a person with the necessary knowledge of the special needs and rights of minors.
Amendment 144 #
Proposal for a directive
Article 15 – introductory part
Article 15 – introductory part
When conducting a personal interview on the substance of an application for international protection, the determining authority shall ensure that the applicant has an adequate opportunity to present elements needed to substantiate his/her application for international protection in accordance with Article 4 (1) and (2) of Directive […./../EC] [the Qualification Directive]. To that end, Member States shall ensure that:
Amendment 145 #
Proposal for a directive
Article 15 – point a
Article 15 – point a
Amendment 148 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall allow applicants, upon request, to haveensure, subject to the applicant’s consent, that a medical examination carried outis ordered in order to support statements in relation to past persecution or serious harmost-traumatic stress disorder, past persecution or serious harm, in cases where the determining authority has reasonable grounds to suppose this to be appropriate and the capacity to be heard or to make complete and coherent statements is accordingly limited. To that end, Member States shall grant applicants a reasonable period to submit a medical certificate to the determining authority.
Amendment 149 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 151 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall provide for relevant arrangements in order to ensure that impartial and qualified medical expertise is made available for the purpose of a medical examination referred to in paragraph 2 and that the less invasive medical examination is selected when the applicant is a minor.
Amendment 152 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Applicants for international protection shall be given the opportunity to consult in an effective manner a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications for international protection, at all stages of the procedure, including following a negative decision.
Amendment 158 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the event of a negative decision by a determining authority, Member States shall ensure that free legal assistance and/or representation be granted on request, subject to the provisions of paragraph 3. To that end, Member States shall:
Amendment 160 #
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
Amendment 164 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 169 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 – point b a (new)
Article 18 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) only for procedures before a court or tribunal in accordance with Chapter V and not for any onward appeals or reviews provided for under national law, including a rehearing of an appeal following an onward appeal or review; and/or
Amendment 171 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 – point b b (new)
Article 18 – paragraph 3 – subparagraph 1 – point b b (new)
(bb) only if the appeal or review is likely to succeed.
Amendment 181 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take appropriate measures to ensure that applicants with special needsho in the opinion of the determining authority have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)] are given the opportunity and support to present the elements of an application as completely as possible and with all available evidence. Where needed, they shall be granted time extensions to enable them to submit evidence or take other necessary steps in the procedure.
Amendment 182 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 184 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 191 #
Proposal for a directive
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
(a) If an unaccompanied minor has a personal interview on his/her application for international protection as referred to in Articles 13, 14 and 15 that interview is conducted by a person who has the necessary knowledge of the special needs and rights of minors;
Amendment 192 #
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) an official with the necessary knowledge of the special needs and rights of minors prepares the decision by the determining authority on the application of an unaccompanied minor.
Amendment 200 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
Any medical examination shall be performed in full respect of the individual's dignity, selecting the less invasive exams and carried out by qualified and impartial medical experts.
Amendment 201 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 3 – point a
Article 21 – paragraph 5 – subparagraph 3 – point a
(a) unaccompanied minors are informed prior to the examination of their application for international protection , and in a language which they may reasonably be supposed to understand, of the possibility that their age may be determined by medical examination. This shall include information on the method of examination and the possible consequences of the result of the medical examination for the examination of the application for international protection , as well as the consequences of refusal on the part of the unaccompanied minor to undergo the medical examination;
Amendment 206 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
1. When there is reasonable cause to consider that an applicant for international protection has implicitly withdrawn or abandoned his/her application for international protection, Member States shall ensure that the determining authority takes a decision either to discontinue the examination or to reject the application on the basis that the applicant has not established an entitlement to refugee status in accordance with Directive 2004/83/EC.
Amendment 208 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
2. Member States shall ensure that the applicant who reports again to the competent authority after a decision to discontinue as referred to in paragraph 1 of this Article is taken, is entitled to request that his/her case be reopened unless the request is examined in accordance with Articles 32 and 34.
Amendment 211 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 a (new)
Article 24 – paragraph 2 – subparagraph 1 a (new)
Member States may provide for a time limit after which the applicant’s case may no longer be re-opened.
Amendment 219 #
Proposal for a directive
Article 27 – paragraph 5 – point b
Article 27 – paragraph 5 – point b
(b) where the applicant has special needs, in particular unaccompanied minors;
Amendment 222 #
Proposal for a directive
Article 27 – paragraph 6 – point a a (new)
Article 27 – paragraph 6 – point a a (new)
(aa) the applicant clearly does not qualify as a refugee or for refugee status in a Member State under Directive […./../EC] [the Qualification Directive]; or
Amendment 225 #
Proposal for a directive
Article 27 – paragraph 6 – point c a (new)
Article 27 – paragraph 6 – point c a (new)
(ca) the applicant has filed another application for asylum stating other personal data with a different content; or
Amendment 226 #
Proposal for a directive
Article 27 – paragraph 6 – point d a (new)
Article 27 – paragraph 6 – point d a (new)
(da) the applicant has made clearly inconsistent, contradictory, improbable, insufficient or false representations which make his/her claim clearly unconvincing in relation to his/her having been the object of persecution referred to in Directive […./../EC] [the Qualification Directive]; or
Amendment 227 #
Proposal for a directive
Article 27 – paragraph 6 – point d b (new)
Article 27 – paragraph 6 – point d b (new)
(db) the applicant has submitted a subsequent application which clearly does not raise any relevant new elements with respect to his/her particular circumstances or to the situation in his/her country of origin; or
Amendment 228 #
Proposal for a directive
Article 27 – paragraph 6 – point d c (new)
Article 27 – paragraph 6 – point d c (new)
(dc) the applicant has failed without reasonable cause to make his/her application earlier, having had opportunity to do so; or
Amendment 230 #
Proposal for a directive
Article 27 – paragraph 6 – point f a (new)
Article 27 – paragraph 6 – point f a (new)
(fa) the applicant has failed without good reason to comply with his/her obligations to cooperate in the examination of the facts of his/her case and the establishment of his/her identity referred to in Article 4(1) and (2) of Directive […/../EC] [the Qualification Directive] or in Article 12(1) and (2)(a), (b) and (c) and Article 24(1) of this Directive; or
Amendment 231 #
Proposal for a directive
Article 27 – paragraph 6 – point f b (new)
Article 27 – paragraph 6 – point f b (new)
(fb) the applicant entered the territory of the Member State unlawfully or prolonged his/her stay unlawfully and, without good reason, has either not presented himself/herself to the authorities and/or filed an application for asylum as soon as possible, given the circumstances of his/her entry; or
Amendment 232 #
Proposal for a directive
Article 27 – paragraph 6 – point f c (new)
Article 27 – paragraph 6 – point f c (new)
(fc) the applicant may for serious reasons be considered a danger to the national security of the Member State, or the applicant has been forcibly expelled for serious reasons of public security and public order under national law.
Amendment 255 #
Proposal for a directive
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) after his/her previous application has been withdrawn or abandoned by virtue of Article 23;
Amendment 262 #
Proposal for a directive
Article 36 – paragraph 2 – subparagraph 1 – point a a (new)
Article 36 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) set an appropriate period within which the applicant must submit the new information after learning thereof;
Amendment 282 #
Proposal for a directive
Article 41 – paragraph 9
Article 41 – paragraph 9
9. Member States shallmay lay down time- limits for the court or tribunal pursuant to paragraph 1 to examine the decision of the determining authority.
Amendment 283 #
Proposal for a directive
Article 45
Article 45
No later than […], the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send the Commission all the information that is appropriate for drawing up this report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every fivetwo years.
Amendment 284 #
Proposal for a directive
Article 45
Article 45
No later than […], the Commission shall report to the European Parliament and the Council on the application and the financial cost of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send the Commission all the information and financial data that is appropriate for drawing up this report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years.