15 Amendments of Giusto CATANIA related to 2008/0243(COD)
Amendment 51 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant is reasonably supposed to understands. Member States shall use the common leaflet drawn up pursuant to paragraph 3 for that purpose.
Amendment 54 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The personal interview shall take place in a language that the applicant is reasonably supposed to understands and in which he is able to communicate. Where necessary, Member States shall select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the personal interview.
Amendment 59 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. By way of derogation from paragraph 2, in order to ensure respect for the principle of family unity and of the bests interests of the child, the Member State responsible in accordance with the criteria laid down in Articles 8 to 12 shall be determined on the basis of the situation obtaining when the asylum seeker lodged his/her most recent application for international protection. This paragraph shall apply on condition that the previous applications of the asylum seeker have not yet been subject of a first decision regarding the substance. The application of this paragraph must never lead to or maintain the separation of family members.
Amendment 65 #
Proposal for a regulation
Article 10
Article 10
If the asylum seeker has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a firstnal decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 68 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where the asylum seeker is dependent on the assistance of a relative including on account of pregnancy or a new-born child, serious illness, severe handicap or old age, or where a relative is dependent on the assistance of the asylum seeker for the same reasons, the Member State responsible for examining the application shall be the one considered the most appropriate for keeping them together or reunifying them, provided that family ties existed in the country of origin and that the persons concerned expressed their desire in writing. In determining the most appropriate Member State, the best interests of the persons concerned shall be taken into account, such as the ability of the dependent person to travel.
Amendment 72 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
2. The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time, request another Member State to take charge of an applicant ion order to bring together family members, as well as other relatives, on humanitarianhumanitarian and compassionate grounds based in particular on family or cultural considerations, even where this latter Member State is not responsible under the criteria laid down in Articles 8 to 12 of this Regulation. The persons concerned must express their consent in writing.
Amendment 77 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Member State responsible shall in all circumstances referred to in paragraph 1 (a) to (d) examine or complete the examination of the application for international protection made by the applicant, within the meaning of Article 2(d). When the Member State responsible had discontinued the examination of an application following its withdrawal by the applicant, it shall revoke that decision and complete the examination of the application, within the meaning of Article 2(d).
Amendment 83 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where the requested Member State agrees to take charge or to take back an applicant or another person as referred to in Article 18(1)(d), the requesting Member State shall notify the person concerned of the decision to transfer him/her to the responsible Member State and, where applicable, of not examining his/her application for international protection. Such notification shall be made in writing, in a language which the person is reasonably supposed to understands and within no more than fifteen working days from the date of receipt of the reply from the requested Member State .
Amendment 93 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he/she is an applicants for international protection in accordance with Directive 2005/85/ECdetention.
Amendment 97 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to Article 8(2) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers], when it proves necessary, on the basis of an individual assessment of each case, and if other less coercive measures cannot be applied effectively, Member States may detain an asylum- seeker or another person as referred to in Article 18(1)(d), who is subject of a decision of transfer to the responsible Member State, to a particular placein a non-detention facility only if other less coercive measures have not been effective and only if there is a significant risk of him/her absconding.
Amendment 99 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Detention pursuant to paragraph 2 shall be ordered for the shortest period possible. It shall be no longer than the time reasonably necessary to fulfil the required administrative procedures for carrying out a transfer and in any case shall never exceed 72 hours.
Amendment 100 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Detention pursuant to paragraph 2 shall be ordered by judicial authorities. In urgent cases it may be ordered by administrative authorities, in which case the detention order shall be confirmed by judicial authorities within 72 hours from the beginning of the detention. Where the judicial authority finds detention to be unlawful, the person concerned shall be released immediately.
Amendment 102 #
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2
Article 27 – paragraph 7 – subparagraph 2
Detained persons shall immediately be informed of the reasons for detention, the intended duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they are reasonably supposed to understand.
Amendment 103 #
Proposal for a regulation
Article 27 – paragraph 8
Article 27 – paragraph 8
8. In every case of a detained person pursuant to paragraph 2, the continued detention shall be reviewed ex officio by a judicial authority at reasonable intervals of time eitherand, on request by the person concerned or ex-officio, when there is a change of circumstances or fresh information becomes available which affects the grounds for the detention. Detention shall never be unduly prolonged.
Amendment 110 #
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. A Member State as referred to in paragraphs 2 and 3 must take effective and timely steps to remedy the situation that led to the temporary suspension of transfers.