18 Amendments of Kati PIRI related to 2016/0224(COD)
Amendment 595 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The applicant shall comply with any obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive), aswhere such an obligation has been imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 652 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 759 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 764 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point b
Article 15 – paragraph 5 – subparagraph 1 – point b
Amendment 767 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point c
Article 15 – paragraph 5 – subparagraph 1 – point c
(c) the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.
Amendment 769 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation. In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 774 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – introductory part
Article 16 – paragraph 2 – subparagraph 1 – introductory part
The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:
Amendment 794 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States may request total or partial reimbursement of any costs made if anincurred whenre the applicant’s financial situation considerably improves or where the decision to make such costs wasdecision to provide free legal assistance and representation taken on the basis of false information supplied by the applicant.
Amendment 805 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment mayshall 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 819 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The process of identifying applicants with special 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. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
Amendment 829 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
Amendment 831 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed, without having to restart the procedure for international protection.
Amendment 862 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise, and shall not have a verified record of child-related crimes or offencescriminal record, in particular as regards any child-related crimes or offences. The responsible authorities shall regularly review the criminal records of appointed guardians in order to identify potential incompatibilities with their role.
Amendment 867 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.
Amendment 981 #
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) stating whetherfrom what date the applicant has permission to take up gainful employment.
Amendment 1103 #
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 special procedural guarantees in accordance with Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.
Amendment 1292 #
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure may not applied to unaccompanied minors.
Amendment 1294 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5