23 Amendments of Kinga GÁL related to 2016/0224(COD)
Amendment 491 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) '‘application for international protection'’ or 'application' means a request made by a third-country national or a stateless person for protection from a Member State, who can be understood as seeking refugee status or subsidiary protection status;
Amendment 537 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
Amendment 641 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellor and/or legal representatives have access to the information referred to in Article 33(2)(e) required for the examination of applications and to the information provided by the experts referred to in Article 33(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.
Amendment 731 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording or the transcript for ten years from the date of a final decisionIt shall be for the Member States to determine the storage period for the recording or the transcript. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 777 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The legal adviser or other counsellorrepresentative who assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 844 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The decision on the application of a minor shall be preparedtaken by personnel of the determining authority who have the necessary knowledge of the rights and special needs of minors.
Amendment 1016 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Applications on behalf of a spouse, partner, minor or dependent adult
Amendment 1024 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.
Amendment 1031 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.
Amendment 1039 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.
Amendment 1050 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.
Amendment 1067 #
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 1
Article 31 – paragraph 10 – subparagraph 1
For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1071 #
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 2
Article 31 – paragraph 10 – subparagraph 2
Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.
Amendment 1094 #
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
(f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.
Amendment 1185 #
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
b) a spouse, partner or minor has not lodged his or her application after the applicant failed to lodge the application on his or her own behalf as referred to in Article 31(3) and (8);
Amendment 1201 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 1209 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 1218 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
(5) Where an application is implicitly withdrawn, the determining authority shall take a decision to rejechalt the application as abandoned or as unfounded. where the determining authority has, at the stage that the application is implicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1486 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 1489 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
Amendment 1492 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
Amendment 1495 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 3
Article 50 – paragraph 3 – subparagraph 3
Amendment 1499 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4