42 Amendments of Filiz HYUSMENOVA related to 2016/0224(COD)
Amendment 240 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain applicants may be in need of specialfic procedural guarantees due, inter alia, to their age, gender, sexual orientation, gender identity, disability, serious illness, mental disorders or as a consequence of torture, rape or other serious forms of psychological, physical, sexual or gender-based violence. It is necessary to systematically assess whether an individual applicant is in need of specialfic procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken.
Amendment 243 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure that the identification of applicants in need of specialfic procedural guarantees takes place as early as possible, the personnel of the authorities responsible for receiving and registering applications should be adequately trained to detect signs of vulnerability signs and they should receive appropriate instructions for that purpose. Further measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of physical or psychological violence, including acts of sexual violence, in procedures covered by this Regulation should, inter alia, be based on the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol).
Amendment 248 #
Proposal for a regulation
Recital 17
Recital 17
(17) Applicants who are identified as being in need of specialfic procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure, an applicant in need of specialfic procedural guarantees should be exempted from those procedures. The need for specialfic procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect, with a view to making the remedy effective in his or her particular circumstances.
Amendment 264 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to improve the provision of information significantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand, accept and follow the procedures of this Regulation to a greater extent than to date. In order to reduce the administrative requirements and make effective use of common resources the Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Asylum Agency should make full use of modern information technologies when developing that material. In order to assist asylum seekers properly, the Asylum Agency should also develop audio-visual information material that can be used as a complement to written information material. The Asylum Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Asylum Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 268 #
Proposal for a regulation
Recital 23
Recital 23
(23) An application should be registered as soon as possible after it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document certifying that an application has been made. The time limit for lodging an application starts to run from the moment an application is registered.
Amendment 273 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
Amendment 304 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 443 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards the provision of information, documents to the applicants and measures concerning applicants in need of specialfic procedural guarantees including minors, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council34 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. _________________ 34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 498 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) 'applicant in need of specialfic procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Regulation is limited due to individual circumstances;
Amendment 533 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
The following authorities shallmay have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection:
Amendment 565 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. TWhen applicant shall make his or her application in the Member State of first entry or, w third-country national or a stateless person makes an application for international protection from a Member State, the applicant shall cooperate with the re he sponsible authorities for sthe is legally present in a Member Stam to establish his or her identity as well as to register, he or she shall makenable the lodging of and examine the application by: (a) providing that Member State as provided for in Article 4 ofe data referred to in points (a) and (b) of the second paragraph of Article 27(1); (b) providing fingerprints and facial image as referred to in Regulation (EU) No XXX/XXX (DublinEurodac Regulation). 1a _________________ 1a OJ L [...], [...], p. [...].
Amendment 570 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 602 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The European Asylum Agency shall, in close cooperation with the responsible national agencies and complementary to information material provided under Regulation XXX/XXX (Dublin Regulation), draw up common information materials containing at least the information referred to in paragraph 1 of this Article. The common information material shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. The European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants, with specific attention to female and vulnerable applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 703 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The personnel interviewing applicants, including experts deployed by the European Union Agency for Asylum, shall have received relevant training in advance which shall include the elements listed in Article 7(5) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation), including as regards international human rights law, Union asylum law, and rules on access to the international protection procedure, including for persons who could require specialfic procedural guarantees.
Amendment 789 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits doare not arbitrariy and do not unduly restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.
Amendment 802 #
Proposal for a regulation
Chapter 2 – section 4 – title
Chapter 2 – section 4 – title
Specialfic Guarantees
Amendment 803 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Applicants in need of specialfic procedural guarantees
Amendment 806 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically assess whether an individual applicant is in need of specialfic procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 807 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
For the purpose of that assessment, the determining authority shall respect the general principles for the assessment of specialfic procedural needs set out in Article 20.
Amendment 809 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where applicants have been identified as applicants in need of specialfic procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.
Amendment 813 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special fic procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.
Amendment 815 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission may specify the details and specific measures for assessing and addressing the specialfic procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 818 #
Proposal for a regulation
Article 20 – title
Article 20 – title
General principles for the assessment of specialfic procedural needs
Amendment 820 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The process of identifying applicants with specialfic procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged.
Amendment 822 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents first indications of vulnerability which may require specialfic procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.
Amendment 825 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require specialfic procedural guarantees.
Amendment 826 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 3
Article 20 – paragraph 2 – subparagraph 3
Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect first signs of vulnerability of applicants that could require specialfic procedural guarantees and that it shall receive instructions for that purpose.
Amendment 833 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for specialfic procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, without having to restart the procedure for international protection.
Amendment 842 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and specialfic needs of minors and it shall be conducted in a child-sensitive and context- appropriate manner.
Amendment 843 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and specialfic needs of minors.
Amendment 846 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Specialfic guarantees for unaccompanied minors
Amendment 1018 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Applications on behalf of a spouse, partner, minor or dependent adult
Amendment 1022 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.
Amendment 1027 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1032 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 1048 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.
Amendment 1066 #
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 1
Article 31 – paragraph 10 – subparagraph 1
For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1070 #
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 2
Article 31 – paragraph 10 – subparagraph 2
Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.
Amendment 1106 #
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
(b) the applicant has specialfic reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of specialfic procedural guarantees, in particular where he or she is an unaccompanied minor.
Amendment 1146 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The determining authority shallmay assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and shallmay reject an application as inadmissible where any of the following grounds applies:
Amendment 1223 #
Proposal for a regulation
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. The determining authority shallmay, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection, in the cases where:
Amendment 1577 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the responsible authorities as well as between the responsible authorities and the European Union Agency for Asylum.