1 Amendments of Stavros LAMBRINIDIS related to 2009/0164(COD)
Amendment 45 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the Geneva Convention, Member States may determine that an applicant who files a subsequent application shall normally not be granted refugee status, if the risk of persecution is based on circumstances which the applicant has created by his own decision since leaving the country of origin. The applicant cannot be considered to have created that risk by his own decision while exercising any of his fundamental rights under EU Law, particularly the right to freedom of speech.