13 Amendments of Alessandra MUSSOLINI related to 2016/0224(COD)
Amendment 272 #
Proposal for a regulation
Recital 24
Recital 24
(24) The lodging of the application is the act that formalises the application for international protection. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is requirebound to submit all the elements at his or her disposal needed to substantiate and complete the application. The time-limit for the administrative procedure starts to run from the moment an application is lodged. At that time, the applicant should be given a document which certifies his or her status as an applicant, and which should be valid for the duration of the his or her right to remain on the territory of the Member State responsible for examining the application.
Amendment 311 #
Proposal for a regulation
Recital 35
Recital 35
(35) Before determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Dublin Regulation),29 the first Member State in which an application has been lodged shouldmight examine the admissibility of that application when a country which is not a Member State is considered as a first country of asylum or safe third country for the applicant. In addition, an application should be considered to be inadmissible when it is a subsequent applicant without new relevant elements or findings and when a separate application by a spouse, partner, dependent adult or minor is not considered to be justified. _________________ 29 OJ L […], […], p. […].
Amendment 338 #
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than fourtwo weeks and after that period applicants should be allowed entry to the territory of the Member State. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 573 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The applicant shall be bound to cooperate with the responsible authorities for them to establish his or her identity as well as to register, enable the lodging of and examine the application by:
Amendment 849 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makedisembarks ain applicatthe territory of the European Union, appoint a person or an organisation as a guardian.
Amendment 854 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a guardian, in respect of the unaccompanied minor, in accordance with this Regulation.
Amendment 866 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively, and in any case of no more than 20.
Amendment 872 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2 a (new)
Article 22 – paragraph 5 – subparagraph 2 a (new)
The responsible entities or persons shall assess the performance of the guardian within the first month after his/her appointment, and regularly thereafter.
Amendment 936 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 a (new)
Article 27 – paragraph 1 – subparagraph 1 a (new)
The determining Member State shall conduct a thorough security verification of each applicant as soon as possible following the registration of an application.
Amendment 955 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time- limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one monthtwo weeks from the date when the application is registered.
Amendment 957 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
When lodging an application, applicants are required toshall submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 1227 #
(aa) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member States;
Amendment 1243 #
Proposal for a regulation
Article 40 – paragraph 1 – point f
Article 40 – paragraph 1 – point f