18 Amendments of Giusto CATANIA related to 2008/0244(COD)
Amendment 43 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to all third country nationals and stateless persons who make an application for international protection in the territory including at the border or in the transit zones, of a Member State, as long as they are allowed to remain on the territory as asylum seekers, as well as to family members, if they are covered by such application for international protection according to the national law.
Amendment 44 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States may decide to apply this Directive in connection with procedures for deciding on applications for kinds of protection other than that emanating from Directive 2004/83/EC or the Geneva Convention Relating to the Status of Refugees, 1951.
Amendment 48 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Asylum seekers may move freely within the territory of the host Member State or within an area assigned to them by that Member State. The assigned area shall not affect the unalienable sphere of private life and shall allow sufficient scope for guaranteeing access to all benefits under this Directive.
Amendment 51 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he/she is an aApplicants for international protection in accordance with Council Directive 2005/85/ECshall not be detained.
Amendment 52 #
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. WIn exceptional circumstances when it proves necessary and on the basis of an individual assessment of each case, Member States may detainhold an applicant to a particular placein an appropriate and non prison-like facility in accordance with national and international legislation, if other less coercive measures canhave not been applied effectively. An applicant may only be detained to a particular place:
Amendment 55 #
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) in order to determine, ascertain or verify his identity or nationality where there is an unjustifiable failure to cooperate with the verification process on the part of the applicant;
Amendment 56 #
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 58 #
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 60 #
Proposal for a directive
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) when protection of national security and public order so requires only if there is objective evidence showing that the applicant will pose a threat to national security or public order.
Amendment 61 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that rules dealing with alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at a designated place, are laid down in national legislation, so that such measures are always applied before resorting to detention.
Amendment 62 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Detention measures shall always be implemented in accordance with Member States’ obligations under international human rights law, as resulting, in particular, from Article 31(1) of the 1951 Convention relating to the Status of Refugees, Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 9 of the International Covenant on Civil and Political Rights.
Amendment 65 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Detention shall be ordered for the shortest period possible. In particular detention pursuant to Article 8 (2) (a), (b) and (c) shall not exceed the time reasonably needed to fulfil the administrative procedures required in order to obtain information on the asylum seeker's nationality or on the elements on which his application is based or to carry out the relevant procedure with a view to deciding on his/her right to enter the territory. Such administrative procedures shall be executed with due diligence and shall not last for more than 3 days.
Amendment 66 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Delays in the administrative procedure that cannot be attributed to the asylum seeker shall not justify a continuation of detention.
Amendment 67 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Detention 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, or if there is no decision within 72 hours, the asylum seeker concerned shall be released immediately.
Amendment 78 #
Proposal for a directive
Article 13
Article 13
13. Member States may require medical screening for applicants on public health grounds. In such a case, the applicant shall be given full information about the purpose and procedure before the screening, in order to enable him to give his consent.
Amendment 92 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. In calculating the amount of assistance to be granted to asylum seekers, Member States shall ensure that the total value of material reception conditions to be made available to asylum seekers is equivalent to the amount of social assistancetake into account the specific circumstances of applicants that require special attention. In particular, Member States shall ensure that the treatment afforded to asylum seekers concerning material reception conditions is no less favourable than that granted to nationals requiring suchocial assistance. Any differences in this respect shall be duly justified in a comparable situation.
Amendment 93 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illness or mental disorderhealth care, including mental health care, under the same conditions as nationals.
Amendment 97 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2