211 Amendments of Giusto CATANIA
Amendment 2 #
2008/2331(INI)
Motion for a resolution
Indent 13 a (new)
Indent 13 a (new)
- having regard to its report on 'The Future of the Common European Asylum System' adopted on [10 March 2009],
Amendment 3 #
2008/2331(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the significance of a well- planned integration policy for the host state and for creating appropriate opportunities for the immigrants themselves; considers that the integration policy should be a two- way process, multidimensional, taking account of the specific situation in each of the Member States; further considers that immigration policy should promote harmonious integration and address issues such as education and training, recognition of professional and educational qualifications, access to the labour market, social services, healthcare services and housing, as well as active participation in social, political and cultural activities;
Amendment 5 #
2008/2331(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the importance of inclusion into the social and civil life of the country of residence, supporting, for instance, actions fostering participation in civil society, political parties or trade unions as well as acknowledging as a priority the recognition of the right to vote in local and European elections;
Amendment 6 #
2008/2331(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to take the necessary measures to ensure financial support for the structural and cultural integration of immigrants, including the implementation of EU programmes such as Lifelong Learning, Europe for Citizens, Youth in Action and, Culture 2007 and the Integration Fund;
Amendment 8 #
2008/2331(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 11 #
2008/2331(INI)
Motion for a resolution
Recital B
Recital B
B. whereas legal migration represents an opportunity from which both migrants and Member States may benefit, whereas, however, progress in the area of legal migration must go hand-in-hand with effective action on combating illegal imrregular migration,
Amendment 11 #
2008/2331(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that school programmes and lifelong learning play an important role in the integration process by developing skills, notably language skills; considers, too, that access to and participation in training programmes, all levels of school programmes and lifelong learning are a right and an opportunity for newly arrived immigrantall third country nationals;
Amendment 14 #
2008/2331(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that reception structures for migrants should be open places designed to facilitate all activities or programmes fostering cultural exchanges between migrants and the host society; in this perspective, considers it essential to grant at any stage of the reception process the right to education of children, as already foreseen by several international provisions;
Amendment 15 #
2008/2331(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 27 #
2008/2331(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that the management of migration requires genuine partnership and cooperation with third countries of origin and transit; emphasises that such cooperation can only take place when the third country respects international laws on human rights and protection, and is a signatory to the 1951 Geneva Convention;
Amendment 29 #
2008/2331(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 48 #
2008/2331(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for a comprehensive assessment of the EU’s skills and market needs; considers, however, that each Member State should retain control on the number of persons required for its labour market needs;
Amendment 58 #
2008/2331(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on the Commission to propose a functioning system where a Member State issuing an EU Blue Card to a highly qualified third-country worker shall provide professional education for two persons of the country/region of origin of the EU Blue Card holder concerned;
Amendment 65 #
2008/2331(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Recalls that projections presented by the Commission estimate the need for 60 million migrant workers by 2050 and this requires the opening-up of channels for legal migration; calls on the Commission to propose a system for residence permits for third country nationals for the purpose of seeking employment in the EU;
Amendment 75 #
2008/2331(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Encourages the Member States to increase their coordination, sharing their best practises for integration;
Amendment 78 #
2008/2331(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that integration, which is a two-way process involving both host society and migrants, should be based on social inclusion, anti- discrimination, equal opportunities, education, intercultural dialogue and diversity management in schools and the workplace, while ensuring that migrants can maintain their native culture;
Amendment 84 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Underlines that a good integration process is the best tool to eliminate mistrust and suspicion between the native citizens and migrants and is fundamental to removing any xenophobic ideas or actions;
Amendment 88 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12f. Recalls that a key element is the inclusion of the migrant organisations who play unique roles in the integration process by giving migrants opportunities for democratic participation; calls on the Members States to facilitate systems for the support of civil society in the integration process through enabling migrants' presence in the host society's civil and political life, enabling participation in political parties, trade unions and the opportunity to vote in local elections;
Amendment 91 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 i (new)
Paragraph 12 i (new)
12i. Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by UN General Assembly resolution 45/158 of 18 December 1990;
Amendment 96 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 n (new)
Paragraph 12 n (new)
12n. Stresses that special attention has to be paid to the special integration needs of many migrant women, namely facilitating access to employment and social services, and protecting their fundamental social rights;
Amendment 98 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 p (new)
Paragraph 12 p (new)
12p. Calls on the European Commission to ensure that mandatory integration measures (including pre-entry integration exams) are not in contradiction with international human rights conventions and obligations and with Articles 21 and 22 of the Charter of Fundamental Rights of the European Union;
Amendment 103 #
2008/2331(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that integrated management of borders requires more investment in new technologies, such as biometrics, while takingmust take due account of data protection and privacy laws;
Amendment 107 #
2008/2331(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the replacement of current national Schengen visas with uniform European Schengen visas, allowing for equal treatment of all visa applicants, and calls for a study into the setting up of a system requiring third-country nationals to obtain electronic authorisation to travel before travelling to EU territorya faster and more uniform procedure when entering various Schengen Member States;
Amendment 123 #
2008/2331(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomeAwaits the Commission’s initiative for ato proposal toe a review of the mandate of FRONTEX and considers that its reinforcement is necessary to strengthen its urgently required, in particular by extending its optraining in international law regarding human rights and protection, ensure access to application procedures for international capacity and its ability to protection for all migrants encoundtertake permanent missioned, and to focus ion areas which face high migratory pressurscuing activities;
Amendment 126 #
2008/2331(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that FRONTEX requires adequate resources, not just financial onese.g. for training in international law, if it is to fulfil its mandate in a meaningful manner and; calls on Member States to increase the pooling of technical means and on the Commission to bring forward legislative proposals to establish compulsory solidarity for the Central Record of Available Technical Equipment (CRATE) on the same basis as that envisaged for the Rapid Border Intervention Teams (RABITs)the Commission to propose a system for independent monitoring of FRONTEX' activities;
Amendment 129 #
2008/2331(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 135 #
2008/2331(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 138 #
2008/2331(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 154 #
2008/2331(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that migrants who are illegally staying on the territory of the Member States and who are not entitled to international protection have to be required to leave; welcomes in this regard, the adoption of the Return Directive and urges Member States to transpose it as soon as possible; calls on Member States to ensure that returns are conducted with due regard to the law and the dignity of the persons involved, giving due preference to voluntary return;
Amendment 158 #
2008/2331(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to establish monitoring and support for social and professional reintegration mechanisms in countries of origin for migrants having been returned;
Amendment 160 #
2008/2331(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 162 #
2008/2331(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 165 #
2008/2331(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls foron the strengthening of co- operation, including through consular co- operation, with countries of origin to facilitate readmission procedures and calls on the Commission toCommission to conduct a study evaluateing existing readmission agreements with a view to facilitating their implementationreview those where the full respect of human rights of the people being readmitted can not be guaranteed and to draw lessons for the negotiation of any future agreements;
Amendment 170 #
2008/2331(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Calls on the Commission to ensure that Member States only have bilateral readmission agreements with third countries providing full guarantees for the respect of the readmitted's human rights and having signed the 1951 Geneva Convention;
Amendment 177 #
2008/2331(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. SupportWelcomes the reviewcast of Council Regulation (EC) No 343/2003 ("the Dublin Regulation")2 so as to ensure a more equitable allocation of responsibility in 1 2 the examination of asylum applicand the proposed provisions for a mechanism to suspend Dublin OJ L 50, 25, 2.2003, p. 1. OJ L 50, 25, 2.2003, p. 1. transfers if there are concerns that Dublin transfers could result in applicants not benefiting from adequate standards of protection in the responsible Member States, in particular in terms of reception conditions and access to the asylum procedure, as well as in cases where these Dublin transfers would add to the burden on those Member States which are faced with specific and disproportionate pressures due, in particular, to their geographical or demographic situations;
Amendment 179 #
2008/2331(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Takes the view that public health cannot be protected unless every person staying on the territory of a Member State – under whatever circumstances – is allowed access to treatment; maintains that each Member State must therefore guarantee that every person staying on its territory, regardless of the circumstances, will receive treatment in an emergency or in essential cases, on the understanding that this will not lead to any report to the authorities and that the costs charged will be comparable to those borne by needy citizens of the Member State concerned:
Amendment 181 #
2008/2331(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 187 #
2008/2331(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 5 #
2008/2328(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the right to education must be considered a universal right also guaranteed to the children of migrants, including those temporarily in an irregular situation.
Amendment 6 #
2008/2328(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that reception centres for immigrants must offer a broad range of activities and programmes furthering cultural exchange between immigrants and the host society; considers, in this connection, that each stage of the assimilation process should guarantee migrants' right to education, as required by numerous international instruments;
Amendment 18 #
2008/2328(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises that civil society plays an important role in supporting migrants and that it can, in parallel to the official education system, make a vital contribution in areas such as teaching the host language;
Amendment 19 #
2008/2328(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Draws attention to the strong current trend to segregation in many education systems, with the creation of separate streams or paths for different categories of pupil, and stresses that, as the Commission itself admits, the best educational results with migrant pupils are achieved in classes which also include children who speak the host language;
Amendment 49 #
2008/2328(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the importance of the existing EU legislation guaranteeing the educational rights of third-country students, such as Directives 38/2004 and 109/2003; calls on the Commission to undertake ongoing monitoring of all measures taken in the Member States tending to curtail or abolish the rights acquired;
Amendment 6 #
2008/2305(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the fact that the Commission has identified access for those in need of protection to be one of the overarching objectives of the CEAS;
Amendment 8 #
2008/2305(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the Frontex Agency to provide detailed data relating to the number of asylum seekers identified as such during its operations and the plight of persons turned back during such operations; calls on the Commission to table a proposal for a revision of Frontex' mandate in order to explicitly state that protection and human rights concerns are an integral part of the management of the EU external borders;
Amendment 9 #
2008/2305(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the provisions mentioned in the latest Commission's proposals that Member States shall not hold a person in detention for the sole reason that he/she is an applicant for international protection;
Amendment 11 #
2008/2305(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets the fact that, in several Member States, asylum seekers are still detained following their irregular entry into the country, and therefore welcomes the Commission's intention of insertiong into the Reception Conditions Directive of procedural guarantees relating to detention;
Amendment 13 #
2008/2305(INI)
Motion for a resolution
Paragraphe 9
Paragraphe 9
9. Considers that the scope of the new Reception Conditions Directive must be clarified in order to cover holding centres, transit areas and, border procedures and Dublin transferees;
Amendment 15 #
2008/2305(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. RecommendWelcomes the establishment, in the Reception Conditions Directive, of a formal system to identify vulnerable persons, in particular unaccompanied minors, dependent elderly persons, disabled persons, pregnant women, single parents with children and persons who have suffered traumatic experiences (torture, rape, and psychological, physical and sexual violence);
Amendment 19 #
2008/2305(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers it desirable to pool the information on countries of origin available to the various Member States and encourages the Commission to step up its efforts to set up a common databank; underlines that the collection and presentation of Country of Origin Information and the management of a portal should ensure that the country reports of different established experts are included, that the information is publicly accessible and kept distinct from its application by decision-makers (so that it remains impartial and free from political influence) and that a fair balance between governmental, non-governmental and international sources should be adhered to when collecting Country of Origin Information;
Amendment 22 #
2008/2305(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that, when the Dublin regulation is revised, provision should be made for a mechanism to freeze transfers to Member States that are not in a position to deal adequately with requests owing to their limited reception capacities and when access to an asylum procedure cannot be guaranteed;
Amendment 29 #
2008/2305(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the Commission's intention of proposing an amendment toproposal in the Reception Conditions Directive in order to provide applicants with simplified access to the labour market, given that their integration into working life constitutes an essential prerequisite for their integration;
Amendment 32 #
2008/2305(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. StressesRecommends that no difference is made between rights granted to refugees and beneficiaries of subsidiary protection; stresses in particular the need to improve access for beneficiaries of subsidiary protection to social and economic rights, given that this is essential to their integration;
Amendment 34 #
2008/2305(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes the view that solidarity cannot be confined to the granting of financial resources and that provision should be made for internal resettlementallocation mechanisms which, on a voluntary basis, would enable beneficiaries of international protection to be received by a Member State other than the country which has granted them the benefit of that protection;
Amendment 35 #
2008/2305(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Encourages the creation, under the aegis of the future Support Office, of teams of asylum experts who shall include representatives of UNHCR and NGOs, who can assist Member States experiencing sudden and mass influxes of asylum seekers with which they cannot cope;
Amendment 37 #
2008/2305(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Supports border monitoring agreements between national authorities, UNHCR and NGOs in the EU and the allocation of resources to this end under the EU External borders Fund;
Amendment 38 #
2008/2305(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recognises the importance of strengthening the reception capacities of first-asylum countries and of setting up, at European level and in close cooperation with the Office of the United Nations' High-Commissioner for Refugees and NGOs, a resettlement programme laying down common criteria and coordination mechanisms;
Amendment 1 #
2008/2235(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to its resolution of 14 April 2005 on Lampedusa;
Amendment 2 #
2008/2235(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to its resolution of 4 April 2006 on the situation of refugee camps in Malta;
Amendment 14 #
2008/2235(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, during their visits, the Members noted on several occasions that the detention conditions were intolerable from the point of view of health and hygiene, overcrowding and the equipment available, and whereas the people detained were not systematically informed of the reasons for their detention, of their rights and of the progress in their case,
Amendment 19 #
2008/2235(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that the visits revealed that the existing directives were still being poorly applied, or not at all, by the Member States; calls on the Commission to take the necessary measures to ensure that the directives are transposed and complied with more than just formally;
Amendment 24 #
2008/2235(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the considerable discretionary power left to the Member States by Directive 2003/9/EC, particularly as regards the level and form of material reception conditions and access to employment and healthcare, to the detriment of the upwards harmonisingation of their legislation;
Amendment 28 #
2008/2235(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to show more solidarity - not limited to technical and/or financial solidarity - with the countries most affected by the challenges of immigration; calls on the Commission to study the possibility of proposing a European burden-sharing instrument to improve efficiency for the Member States and afford a high level of protection for asylum seekers and migrants;
Amendment 32 #
2008/2235(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that the open accommodation centres set up by certain Member States have low capacity and do not appear to meet themigrants’ needs;
Amendment 36 #
2008/2235(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for priority to be given to the reception of asylum seekers and immigrants in open reception centres; considers that asylum seekers are especially vulnerable and should, which is all the more reason for their not being subject to measures which deprive them of their liberty;
Amendment 42 #
2008/2235(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it necessary to find a fair balance between speedy procedures, reducing the backlog and fair treatment of each individual case, particularly in accelerated procedure cases;
Amendment 44 #
2008/2235(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the information about procedures is largely in writing – when this exists at all – and that the deadlines are very short, which poses a problem of understanding and constitutes an obstacle to asylum seekers effectively exercising their rights when they submit an application; calls for brochures explaining all the rights of asylum seekers and immigrants to be made available to them in several languages; calls on the Member States also to provide information by other means, including orally and televisually and to ensure the presence of cultural mediators at reception centres;
Amendment 57 #
2008/2235(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that it is particularly difficult for people in detention to find appropriate legal assistance given the difficulties of external communication and the specific nature of the relevant legislation;
Amendment 64 #
2008/2235(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that in most of the detention centres visited, asylum seekers and migrants complained systematically about insufficient and inadequate medical care, the difficulties of consulting or communicating with doctors and the lack of specific care (in particular, for pregnant women and victims of torture) and of appropriate medicines;
Amendment 65 #
2008/2235(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to extend the medical cover currently offered to asylum seekers and migrants so that it is not limited solely to emergency care, and to also provide mental health care; points out that the right to health and medical treatment are among the most fundamental individual rights;
Amendment 77 #
2008/2235(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on Member States not to resort to the detention of asylum seekers under any circumstances, since they are per se vulnerable people in need of protection;
Amendment 80 #
2008/2235(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Regrets that the Member States are making increasing use of detention; points out that detention must be a measure of last resort to be used when all other non- detention measures have not had the desired result, must have a defined objective (e.g. expulsion), and must be proportionate and limited in duration to the achievement of that objective;
Amendment 85 #
2008/2235(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the right to contest a detention measure is laid down in Article 5 of the ECHR; calls for all third-country nationals placed in detention to be able to exercise that right before a judicial body;
Amendment 88 #
2008/2235(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is concerned at the prison conditions in which irregular migrants and asylum seekers are keptdetained even though they have committed no crime; calls for such persons to be detained in separate, open buildings in order to ensure their protection and provision with assistance;
Amendment 93 #
2008/2235(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to improve contact with the outside world, including by allowing regular visits, increasing telephone access and making free internet access available in all the centres;
Amendment 97 #
2008/2235(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on the Member States to report to the European Parliament and to civil society on the situation in such detention centres, particularly by giving notice of their existence, number and operation in annual reports to be submitted at a dedicated European Parliament hearing in which a platform of civil society associations working on detention issues is invited to participate;
Amendment 99 #
2008/2235(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Points out that all decisions and measures taken with regard to a minor must bcentre based a priority on the best interests of the child, in accordance with the Convention on the Rights of the Child;
Amendment 104 #
2008/2235(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for the detention of migrant minors and asylum seekers to be prohibited in principle, and for the detention of minors with their parents to be exceptional and having the sole objective of ensuring that the best interests of the child are served;
Amendment 109 #
2008/2235(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Expects that everyone working with minors and unaccompanied minors will receive specialist training appropriate to the children’s situation; considers that non-governmental organisations specialising in that field could make a major contribution to this;
Amendment 113 #
2008/2235(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Commission to lay down the obligation to identify and search for a family member in the European Union so as to ensure that unaccompanied minors can join a family member where that is in their interest and they so request;
Amendment 116 #
2008/2235(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Is concerned at the phenomenon of unaccompanied minors disappearing; calls on the Commission and the Member States to put in place a harmonised system for gathering data and statistics concerning the identification of, and provision of assistance to, unaccompanied minors in order to combat this phenomenon; believes that the best way to discourage the disappearance of minors is to provide suitable reception facilities for them, where they may also receive an education appropriate to their age (schooling, vocational training, etc.);
Amendment 118 #
2008/2235(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Calls on the Commission and the Member States to put in place a harmonised and reliable mechanism for identifying unaccompanied minors, and common rules concerning age disputes; points out, in this regard, that during an age dispute procedure the person concerned must, as a precaution, be considered a minor until the end of the procedure and therefore treated as such, and that whenever there is reasonable doubt as to the age of the minor, this must be to the benefit of the minor;
Amendment 122 #
2008/2235(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls for families seeking asylum and migrants to have access to family services, child services and medical consultations by child protection specialists;
Amendment 124 #
2008/2235(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the Commission to lay down mandatory common standards for identifying vulnerable persons, particularly victims of torture or human trafficking; , people requiring special medical treatment, pregnant women and minors;
Amendment 126 #
2008/2235(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Urges the Member States to provide specialist assistance to vulnerable persons and victims of torture and trafficking, particularly psychological assistance, to ensure their protection; calls for all staff having contact with vulnerable persons, including the officials responsible for asylum applications and the police, to receive specialist training;
Amendment 127 #
2008/2235(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Emphasises that asylum seekers whose application has been rejected cannot be repatriated to a third country that has not signed the Geneva Convention, since this is a minimum requirement in terms of the guaranteeing of fundamental rights;
Amendment 3 #
2008/2157(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, while border controls are the responsibility of each Member State as regards its own section of border, the migratory pressure on the Easternflows from east and Ssouthern borders of the EU requires a spirit of joint responsibility and compulsory solidarity to develop among the Member States, so as to facilitate the sharing of the material and human resources which can be mobilised to combat this phenomenon,
Amendment 5 #
2008/2157(INI)
Motion for a resolution
Recital E
Recital E
Amendment 10 #
2008/2157(INI)
Motion for a resolution
Recital F
Recital F
Amendment 15 #
2008/2157(INI)
Motion for a resolution
Recital G
Recital G
G. whereas any action taken by the Agency should at any event comply with the standards of international law, in particular those relating to maritime law and human rights, the dignity of the human being and of refugees, particularly the right of asylum and, the principle of non-refoulement and the prohibition on group expulsions,
Amendment 16 #
2008/2157(INI)
Motion for a resolution
Recital H
Recital H
H. whereas all the Agency’s actions should take into account the need to take the necessary precautions, and use all necessary means, to respect the most vulnerable, women and children, and in particular pregnant women, unaccompanied minors, older people and people with disabilities or serious illnesses,
Amendment 18 #
2008/2157(INI)
Motion for a resolution
Recital J
Recital J
J. whereas, in the light of their success, operations for the training of the specialist staff involved in the functioning of FRONTEX deserve to be continued, and should in particular be extended to staff from third countries who have to cooperate with the Agency on a daily basistraining in sea rescue operations and the recovery of bodies in the event of shipwreck,
Amendment 22 #
2008/2157(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States to consider a global approach to the problem of migration, seeking with equal vigour to achieve progress not only inin, on the one hand, stepping up checks at the Union’s borders, in combating illegal immigration and returning illegal immigrants to their home countries, and in combating illegal work and the trafficking of human beings, but also in organisingand, on the other hand, opening channels for legal immigration and measures to facilitate the integration of legal immigrants, in promoting a global partnership with third countries to promote a positive relationship between migration and development, and in establishing a consistent human rights policy at EU level;
Amendment 28 #
2008/2157(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States, to that end, to formalise as soon as possible a system of ‘compulsory and irrevocable solidarity’ to enable FRONTEX, in preparing and completing its missions, to remove the uncertainty as to the extent of the resources it can count on in real time;
Amendment 31 #
2008/2157(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the establishment of permanent and operational joint surveillance patrols all year round in all high-rareas where there isk areas, particularly at sea borders serious risk of loss of life, the right to life being the first inviolable fundamental right;
Amendment 35 #
2008/2157(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Voices its opposition to the use of instruments of coercion (such as firearms) by staff involved in FRONTEX operations, in particular since such instruments are not necessary for the performance of their duties;
Amendment 38 #
2008/2157(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on FRONTEX to send a report to the Council and the European Parliament, detailing in particular the actual use and real availability of the materials listed in the CRATE database, highlighting any difficulties encounteredprocedures for carrying out joint operations at sea;
Amendment 42 #
2008/2157(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 43 #
2008/2157(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the European Parliament, as an arm of the budgetary authority, has already increased FRONTEX’s budget since the agency’s inception and will ensure that the budget is correctly implemented and adapted to changes in the agency’s functions;
Amendment 45 #
2008/2157(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the major cooperation efforts achieved by almost all the third countries with which FRONTEX has been called upon to cooperate on a day-to-day basis, and which have led to very positive results, for example in the Canary Islands;
Amendment 46 #
2008/2157(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 51 #
2008/2157(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Points out that the minimum requirement for EU cooperation with third countries must be compliance with international obligations concerning the protection of refugees and asylum seekers and, in particular, with the provisions of the Geneva Convention relating to the Status of Refugees (1951);
Amendment 54 #
2008/2157(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to permit FRONTEX’s mandate to be reviewed so as to eliminate legal vacuums which could hamper its action, setting out in particular the precise legal conditions fior its sea rescue operations and for its contribution to return operations, and including the option for third countries to use its equipment, in particular by means of pilot projects from which they would benefity task of sea rescue;
Amendment 57 #
2008/2157(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 58 #
2008/2157(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers in particular that , while the rhythm of work and the resources employed do not yet justify creating a large number of decentralised agencies, consideration might be given at this stage to setting up two distinct external offices – one coordinating activities at land borders, the other for sea operations;
Amendment 63 #
2008/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to carry out training for staff deployed in Agency operations – particularly training in maritime law, asylum law and fundamental rights – including, once its mandate has been widened, for staff from the third countries involved; to that end, encourages FRONTEX to cooperate with other institutions such as the International Organization for Migration, the Agency for Fundamental Rights and, the Office of the UN High Commissioner for Refugees, Save the Children, Médecins sans frontières and other associations with experience and know-how in these areas;
Amendment 67 #
2008/2157(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 68 #
2008/2157(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 71 #
2008/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 72 #
2008/2157(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 75 #
2008/2157(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 76 #
2008/2157(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20.Calls on the Agency to inform the European Parliament on negotiations to conclude agreements signed with third countries and to publish evaluation reports on joint operations; points out that democratic oversight of the Agency's activities would, among other things, enhance its legitimacy;
Amendment 43 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 58 #
2008/0244(COD)
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 60 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
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 #
2008/0244(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 51 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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 #
2008/0243(COD)
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.
Amendment 45 #
2007/2262(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the Commission to add a provision restricting theforbidding detention of Dublin claimants to a measure of last resort, thereby specifying the grounds on which detention may be employed and, thereby specifying the procedural safeguards which should be provided for;
Amendment 5 #
2007/2253(INI)
Motion for a resolution
Recital 4 a (new)
Recital 4 a (new)
– having regard to the Boogerd-Quaak report of 5 April 2004 on the risks of violation, in the EU and especially in Italy, of freedom of expression and information (Article 11(2) of the Charter of Fundamental Rights),
Amendment 62 #
2007/2253(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the proliferation of new media (broadband Internet, satellite channels, digital terrestrial television, etc.) and the varied forms of media ownership are not sufficient in themselves to guarantee pluralism in terms of media content,
Amendment 133 #
2007/2253(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
Va. whereas, in the information society, media education is an essential means of empowering citizens to make an informed and active contribution to democracy,
Amendment 145 #
2007/2253(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that where Member States are unable or unwilling to respond in the proper way to manifest violations of freedom of expression and information, the EU has a political, moral, and legal obligation to ensure, within its spheres of responsibility, that its citizens are not denied their rights regarding free, pluralistic media;
Amendment 160 #
2007/2253(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the need to institute monitoring and implementation systems for media pluralism based on reliable and impartial indicators, taking into account the degree of horizontal media concentration (viewing figures, number of licence- holders, proportion of financing from revenue, frequency restrictions, and shareholdings in broadcasters), vertical concentration, and cross-ownership;
Amendment 161 #
2007/2253(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that independent productions have an important role to play in safeguarding pluralism; considers the experiences of regional, local, and community media to be interesting from the point of view of promoting pluralism;
Amendment 171 #
2007/2253(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for the EU and Member State authorities to ensure journalistic and editorial independence by appropriate and specific legal and social guarantees, as well as for the media owners to follow the best practice in each market where they operatend therefore points to the importance of editorial charters to prevent owners or shareholders, or outside bodies such as governments, from interfering with news content;
Amendment 203 #
2007/2253(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Maintains that the purpose of media education must be, as is laid down in Council of Europe Recommendation 1466 (2000), to provide citizens with the means of bringing critical interpretation to bear on, and utilising, the ever growing volume of information being imparted to them; considers that this learning process will thus enable citizens to formulate messages and select the most appropriate media for communicating them, and hence to exercise their rights to the full where freedom of information and expression is concerned;
Amendment 214 #
2007/2253(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the threat to pluralism in the EU lies in the control exercised over the media by political bodies or leaders and by certain business organisations such as advertising agencies and that national, regional, or local governments should not, as a matter of principle, abuse their position by influencing the media; considers, further, that even more watertight safeguards should be laid down whenever a member of a government has specific interests connected with the media;
Amendment 215 #
2007/2253(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Maintains that legislation should be adopted at European level with a view to prohibiting prominent politicians or candidates for office from holding substantial interests in the media industry; believes that legal means should be put in place in order to avert every possible conflict of interests and calls on the Commission to submit proposals aimed at ensuring that members of governments will not be in a position to exploit their media holdings for political ends;
Amendment 1 #
2007/2145(INI)
Motion for a resolution
Title of the report
Title of the report
Draft report on fundamental rights in the European Union 2004-20078
Amendment 10 #
2007/2145(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 15 #
2007/2145(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that judges in the Member States have a vital role to play in the enforcement of human rights; urges states to introduce a system of continuous training for national judges on systems for the protection of fundamental rights;
Amendment 23 #
2007/2145(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls onUrges all the Member States to take measures to endow the national human rights institutions set up under the United Nations’ ‘Paris principles’set up authoritative and independent national bodies to promote and protect human rights and fundamental freedoms under the United Nations’ ‘Paris principles’; calls on the Member States to take measures to endow existing national human rights institutions with independent status vis-à-vis the executive and sufficient financial resources, taking account, in particular, of the fact that one of these bodies’ tasks is to review human rights policies with the aim of identifying failings and suggesting improvements, on the understanding that effectiveness is measured primarily by the way in which problems are prevented rather than simply resolved;
Amendment 26 #
2007/2145(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that it regards it as essential in political terms to incorporate the idea of promoting fundamental rights among the aims to be pursued when simplifying or restructuring the acquis communautaire; calls for every new policy, legislative proposal and programme to be accompanied by an impact assessment concerning respect for fundamental rights and for that assessment to form an integral part of the justification for the proposal and hopes that the Member States will also adopt similar impact assessment instruments in the subsequent transposition of Community law into domestic law;
Amendment 28 #
2007/2145(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Draws attention to the major role played by the Council of Europe’s institutions and monitoring mechanisms and its various conventions in the area of human rights; urges the EU Member States, the EU institutions and the Agency to draw on that experience, to take account of those mechanisms by incorporating them into networking procedures and to use the standards developed by the Council of Europe and the other tangible results of its work; calls for the potential offered by the Memorandum of Understanding between the Council of Europe and the European Union to be exploited to the full;
Amendment 159 #
2007/2145(INI)
Motion for a resolution
Paragraph 83
Paragraph 83
Amendment 15 #
2007/0229(CNS)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) thereof, and mindful also of Title III, Chapter 1,
Amendment 16 #
2007/0229(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) In an increasingly global labour market, the EU should enhance its appeal to attract third-country workers. This should be facilitated by administrative simplification and by facilitating access to relevant information. PTo the extent that applications to reside and work in the territory of a Member State are concomitant, provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonizing the diverging rules currently applicable in Member States. Such procedural simplification has already been introduced by the majority of Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the lawfulness of their residence and employment.
Amendment 17 #
2007/0229(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) The conditions and criteria on the basis of which an application for a single permit can be rejected is laid down in national law including the obligation to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005should be objective, verifiable and laid down in national law.
Amendment 25 #
2007/0229(CNS)
Proposal for a directive
Recital 13
Recital 13
Amendment 30 #
2007/0229(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognized by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and Fundamental Freedoms and has to be implemented accordingly. Particular attention should be paid to respect for the freedom of assembly and association, the right to education, the principle of non- discrimination, the right to fair and just working conditions, social security and social assistance and the right to an effective remedy and a fair trial.
Amendment 31 #
2007/0229(CNS)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) This Directive has to be implemented without prejudice to more favourable provisions contained in the EU legislation and international instruments. In particular, this directive respects the rights and principles laid down in the European Social Charter of 1961 and in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990.
Amendment 50 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 56 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 59 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 62 #
2007/0229(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
Amendment 65 #
2007/0229(CNS)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. AnTo the extent that applications to reside and work in the territory of a Member State are concomitant, they shall be submitted in a single application procedure.
Amendment 66 #
2007/0229(CNS)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All third-country nationals shall have the right to submit an application to reside and work in the territory of a Member State. Employers or recognised intermediaries shall be able to submit an application in the name of the third- country national.
Amendment 68 #
2007/0229(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall examine the application and adopt a decision to grant, to modify or to renew the single permit if the applicant fulfils the requirements specified in national law. To the extent that the applications to reside and work in the territory of a Member State were concomitant, the decision granting, modifying or renewing the single permit shall constitute one combined title encompassing both residence and work permit within one administrative act.
Amendment 70 #
2007/0229(CNS)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph may be extended by up to six months in exceptional circumstances, linked to the complexity of the examination of the application.
Amendment 71 #
2007/0229(CNS)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Where the third-country national already resides in a Member State, Member States shall allow that third-country national to remain on their territory until the permit has been granted or denied and all possible remedies have been exhausted.
Amendment 77 #
2007/0229(CNS)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community law; such reasons shall be objective and verifiable.
Amendment 82 #
2007/0229(CNS)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the courts of the Member State concerned. In such cases, third-country nationals shall enjoy the same procedural guarantees as are provided for citizens of the Member State concerned, including any free legal assistance. The written notification shall specify the possible redress procedures available and the time-limit for taking action.
Amendment 84 #
2007/0229(CNS)
Proposal for a directive
Article 10
Article 10
Member States may not request applicants to pay fees for handling applications in accordance with this Directive. The level of fees must be proportionate and may be based on the principle of the service actually provided.
Amendment 88 #
2007/0229(CNS)
Proposal for a directive
Article 11 – point b a (new)
Article 11 – point b a (new)
(ba) stay in another Member State for short periods not exceeding three months;
Amendment 91 #
2007/0229(CNS)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
At the end of the period of validity of the single permit, Member States may grant a residence permit of a maximum duration of six months for the purpose of seeking employment to third-country nationals who apply for it.
Amendment 92 #
2007/0229(CNS)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Temporary unemployment 1. Unemployment in itself shall not constitute a reason for revoking a permit, unless the period of unemployment exceeds six consecutive months. 2. During this period, third-country nationals shall be allowed to seek and take up employment.
Amendment 45 #
2007/0228(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) To achieve the objectives of the Lisbon Process it is also important to foster the mobility within the Union of highly qualified workers who are EU citizens, and in particular from the Member States which acceded in 2004 and 2007. In implementing this Directive, Member States are bound to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.
Amendment 46 #
2007/0228(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive is intended to contribute to achieving these goals and addressing these labour shortages by fostering the admission and mobility – for the purposes of highly qualified employment – of third- country nationals for stays of more than three months, in order to make the Community more attractive to such workers from around the world and sustain its competitiveness and economic growth. To reach these goals, it is necessary to facilitate the admission of highly qualified workers and their families by establishing a fast-track admission procedure and by granting them equal social and economic rights with nationals of the host Member State in a number of areas. As concerns these rights, this Directive builds on the corresponding provision of Directive … ["on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third country workers legally residing in a Member State"].
Amendment 55 #
2007/0228(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) The occupational and geographical mobility of third-country highly qualified workers should be recognised as a primary mechanism for improving labour market efficiency, preventing skill shortages and offsetting regional imbalances. In order to respect the principle of Community preference and to avoid possible abuses of the system, the occupational mobility of a third-country highly qualified worker should be limited for the first two years of legal residence in a Member State.
Amendment 78 #
2007/0228(CNS)
Proposal for a directive
Article 3 - paragraph 2
Article 3 - paragraph 2
Amendment 83 #
2007/0228(CNS)
Proposal for a directive
Article 3 - paragraph 3 a (new)
Article 3 - paragraph 3 a (new)
3a. A Member State issuing an EU Blue Card to a highly qualified third-country worker shall provide education for two persons of the country/region of origin of the EU Blue Card holder concerned. The education should as far as possible be within the subject area of the Blue Card holder.
Amendment 106 #
2007/0228(CNS)
Proposal for a directive
Article 7
Article 7
Articles 5 and 6 shall be without prejudice to the competence of the Member States to determine volumes of admission of third- country nationals for highly qualified employment. 7 deleted Volumes of admission
Amendment 111 #
2007/0228(CNS)
Proposal for a directive
Article 8 - paragraph 2
Article 8 - paragraph 2
2. The initial validity of an EU Blue Card shall be of two years and shall be renewed for at least the same duration. If the work contract covers a period less than two years, the EU Blue Card shall be issued for the duration of the work contract plus threesix months.
Amendment 116 #
2007/0228(CNS)
Proposal for a directive
Article 9 - paragraph 2
Article 9 - paragraph 2
Amendment 124 #
2007/0228(CNS)
Proposal for a directive
Article 10 - paragraph 3 - subparagraph 1 a (new)
Article 10 - paragraph 3 - subparagraph 1 a (new)
Provisions adopted for reasons of public policy or public security shall respect the principle of proportionality and shall be adopted solely on the grounds of the personal conduct of the individual to whom they are applied. The personal conduct must represent a genuine and current threat which is sufficiently serious to affect a fundamental interest of society. Justifications extraneous to the individual case or invoking general precautions shall not be taken into account.
Amendment 125 #
2007/0228(CNS)
Proposal for a directive
Article 10 - paragraph 3 a (new)
Article 10 - paragraph 3 a (new)
3a. If a third-country national is already resident or legally present in the territory of a Member State, the sending of the file on an application for an EU Blue Card shall give rise to the right to remain in the territory of the State where the application has been submitted until the end of the procedure for consideration of the application, including the period for any appeal in the event of a negative decision.
Amendment 128 #
2007/0228(CNS)
Proposal for a directive
Article 13 - paragraph 1
Article 13 - paragraph 1
1. For the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, access to the labour market for the person concerned shall be restricted toas holder of an EU Blue Card, the person concerned may have access to the labour market for the exercise of paid employment activities which meet the conditions for admission set out in Articles 5 and 6. Modifications of the terms of the work contract that affect the conditions for admission or changes in the work relationship shall be subject to the prior authorisnotification in writing of the competent authorities of the Member State of residence, according to national procedures and within the time limits set out in Article 12(1).
Amendment 130 #
2007/0228(CNS)
Proposal for a directive
Article 13 - paragraph 2
Article 13 - paragraph 2
2. After the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, the person concerned shall enjoy equal treatment with nationals as regards access to highly qualified employment. The holder of the EU Blue Card shall notify changes in his/her work relationship to the competent authorities of the Member State of residence, according to national procedures.
Amendment 131 #
2007/0228(CNS)
Proposal for a directive
.Article 13 - paragraph 5
.Article 13 - paragraph 5
Amendment 132 #
2007/0228(CNS)
Proposal for a directive
Article 13 - paragraph 6
Article 13 - paragraph 6
Amendment 134 #
2007/0228(CNS)
Proposal for a directive
Article 14 - paragraph 1
Article 14 - paragraph 1
1. Unemployment in itself shall not constitute a reason for revoking an EU Blue Card, unless the period of unemployment exceeds threesix consecutive months.
Amendment 136 #
2007/0228(CNS)
Proposal for a directive
Article 14 - paragraph 1 a (new)
Article 14 - paragraph 1 a (new)
1a. The EU Blue Card holder shall have the right to remain on the territory for as long as he or she is engaged in training activities aimed at further increasing his or her professional skills or re- qualification of his or her professional profile.
Amendment 137 #
2007/0228(CNS)
Proposal for a directive
Article 15 - paragraph 2
Article 15 - paragraph 2
Amendment 141 #
2007/0228(CNS)
Proposal for a directive
Article 15 - paragraph 3
Article 15 - paragraph 3
Amendment 142 #
2007/0228(CNS)
Proposal for a directive
Article 16 - paragraph 3
Article 16 - paragraph 3
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, residence permits for family members shall be granted as soon as possible and at the same time as the decision on the issue of the EU Blue Card, and at all events at the latest within six months from the date on which the application was lodged.
Amendment 92 #
2007/0145(COD)
Proposal for a decision
Article 10 – point b
Article 10 – point b
(b) promoting an awareness of the importance of cultural and linguistic diversity within Europe, as well as of the need to combat racism and xenophobia and promote intercultural education;
Amendment 93 #
2007/0145(COD)
Proposal for a decision
Article 10 – point ba (new)
Article 10 – point ba (new)
Amendment 54 #
2007/0094(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The provisions should not cover third- country nationals who are not illegally staying. This excludes third-country nationals who are family members of citizens of the Union exercising their right to free movement within the Community, and those who, under agreements between the Community and its Member States, on the one hand, and the countries of which they are nationals, on the other, enjoy rights of free movement equivalent to those of citizens of the Union. It also excludes third-country nationals who are in a situation covered by Community law, such as those who are lawfully employed in another Member State and who are posted by a service provider to another Member State in the context of the provision of services, or who are the subject of international protection measures.
Amendment 58 #
2007/0094(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to secure the effectiveness of this Directive, any undue profit generated by the illegal employment of third-country nationals should be returned. Outstanding remuneration and other work-related financial entitlements to be paid back should therefore be equal to those which would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 94 #
2007/0094(COD)
Proposal for a directive
Article 7 - paragraph 4 a (new)
Article 7 - paragraph 4 a (new)
4a. Member States shall take steps to encourage the integration into the labour market of workers emerging from irregular employment situations.
Amendment 131 #
2007/0094(COD)
Proposal for a directive
Article 14 - paragraph 3 a (new)
Article 14 - paragraph 3 a (new)
3a. In respect of the prohibition laid down in Article 3, Member States shall, under the conditions of Articles 4 to 15 of Directive 2004/81/EC, grant residence permits of a minimum duration of six months to third-country nationals applying for these, in order to facilitate the search for work, education and/or professional training.
Amendment 132 #
2007/0094(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Designated third parties 1. Member States shall ensure that legal entities, associations, non-governmental organisations, local authorities and organisations such as trade unions, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of a third-country national in illegal employment in any judicial, administrative and/ or criminal procedure provided for the enforcement of obligations under this Directive. 2. For the purpose of application of this Directive, Member States shall not impose sanctions against designated parties providing assistance to third-country national, on the grounds of facilitation of unauthorised residence.
Amendment 139 #
2007/0094(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Non-regression Nothing in this Directive shall constitute grounds for a reduction in the level of protection of vulnerable third-country nationals already afforded by Member States in the fields covered by this Directive.