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17 Amendments of Urszula GACEK related to 2008/2184(INI)

Amendment 3 #
Motion for a resolution
Citation 5
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs on the visit to closed detention centres for asylum seekers and immigrants in Belgium1, _______________ 1deleted PE404.465v02-00
2009/02/18
Committee: LIBE
Amendment 15 #
Motion for a resolution
Recital I
I. whereas according to the Commission Report, the overall transposition of Directive 2004/38/EC is rather disappointing, as not one Member State has transposed the Directive effectively and correctly in its entirety and, moreover, not one article of the Directive has been transposed effectively and correctly by all Member States, and whereas, particularly as in at least twenty Member States the incorrectness of the transposition concerns crucial provisions of the Directive,
2009/02/18
Committee: LIBE
Amendment 17 #
Motion for a resolution
Recital K
K. whereas the Commission has had to bring nineteen infringement proceedings against Member States for non- communication of national implementing measures, which were subsequently closed; whereas it has so far received more than 1 800 individual complaints, 40 questions from Parliament and 33 petitions, and that on that basis it has registered 115 complaints and has brought 5 infringement proceedings for incorrect application of Directive 2004/38/EC,
2009/02/18
Committee: LIBE
Amendment 19 #
Motion for a resolution
Recital P - indent 1
– a non-Community national who is the spouse of a citizen of the Union who accompanies or joins that citizen can benefit from the provisions of the Directive, irrespective of when and where their marriage took place and of how that spouse country entered the host Member State*,without the need for prior lawful residence 1, ________________ 1 Metock case
2009/02/18
Committee: LIBE
Amendment 21 #
Motion for a resolution
Recital Q
Q. whereas according to the report by a delegation from the Committee on Civil Liberties, Justice and Home Affairs that visited closed detention centres for illegal immigrants in Belgium, Union citizens may be detained in Belgium on the grounds of a simple administrative breach, and a number of Union citizens are held in detention centres for illegal immigrants,deleted
2009/02/18
Committee: LIBE
Amendment 22 #
Motion for a resolution
Recital S - introductory
S. whereas, on the basis of the information gathered, notably through national parliaments’ answers to Parliament's questionnaire, which is unfortunately not exhaustive and does not cover all the Member States, and in addition to the Commission Report, the following main issues were identified as problematic:
2009/02/18
Committee: LIBE
Amendment 23 #
Motion for a resolution
Recital S - indent 1
restrictive interpretation by Member States of the notion of "family member" (Article 2), of "any other family member" and of "partner" (Article 3), particularly in relation to same sex partners, and their right to free movement under Directive 2004/38/EC,
2009/02/18
Committee: LIBE
Amendment 26 #
Motion for a resolution
Recital S - indent 1 - footnote
1 CY, PL and SK do not recognise same sex marriages as a reason to grant free movement rights, PL and SK do not recognise registered partnerships, even if certified in another Member States; information in this regard provided by the Commission, the FRA and NGOs further proofs legal uncertainty on this issue; Italy does on recognise to same-sex couples free movement rights on grounds of public policy; there is a general trend against the recognition of third/fourth spouses.deleted
2009/02/18
Committee: LIBE
Amendment 27 #
Motion for a resolution
Recital S - indent 2
– unjustifiednecessary administrative burdens are imposed in respect of the entry and residence of third-country family members,
2009/02/18
Committee: LIBE
Amendment 29 #
Motion for a resolution
Recital S - indent 3
– the interpretation by Member States of "sufficient resources" under Article 7(1)(b) of Directive 2004/38/EC is often unclear and unfriendly, as most Member States require that evidence of sufficient resources be given; the notion of "unreasonable burden to the social assistance system of the host member State" and if and in what cases the decision to expel a citizen of the Union who has become an unreasonable burden (Article 14, recital 10) is in many Member States uncertain as well,
2009/02/18
Committee: LIBE
Amendment 31 #
Motion for a resolution
Recital S - indent 3 - footnote
1 Several letters of complaint and petitions addressed to EU Institutions highlight that some Member States are reluctant to fully recognise their rights to third countries family members; by way of example, UK, Lithuanian and Polish legislation preclude a non-EU family member from entering without a visa.deleted
2009/02/18
Committee: LIBE
Amendment 33 #
Motion for a resolution
Recital S - indent 4 - footnote
1 For instance, Article 235 of the Italian criminal code provides for the expulsion of non nationals convicted to 2 or more years of imprisonment.deleted
2009/02/18
Committee: LIBE
Amendment 36 #
Motion for a resolution
Recital S - indent 5
– Union citizens are often required to submit to the authorities of the host Member State unjustified additional documents not provided for in Directive 2004/38/EC,
2009/02/18
Committee: LIBE
Amendment 37 #
Motion for a resolution
Recital S - indent 5 - footnote
1 In some cases (Greece) competent authorities are allowed by national law to ask for the criminal record of the EU citizen applying for registration, while in other Member States (for instance in Spain and Belgium) special ID cards and residence cards are issued for other member States nationals; In some Member States (ES) in addition to the registration certificate, EU citizens are given a Foreigner Identity Number which is necessary in order to work or register in the social security system; in Italy EU citizens are required to prove the “legality” of their resources.deleted
2009/02/18
Committee: LIBE
Amendment 41 #
Motion for a resolution
Recital T
T. whereas the extremely poor transposition of the Directive implementing Article 18 of the EC Treaty by Member States should be strongly condemned and whereas such situation results, if not in the Directive itself being undermined, in a substantial non- application of one of the key rights on which the EU is based and which are conferred on Union citizens by the Treaties,
2009/02/18
Committee: LIBE
Amendment 48 #
Motion for a resolution
Paragraph 2
2. Calls on Member States to fully implement the rights grantedules set out under Article 2 and Article 3 of Directive 2004/38/EC not only to different sex spouses, but also to registered partners, members of the household and partners, including same- sex couples and irrespective of nationality, on the basis of the principles of mutual recognition, equality, non- discrimination, dignity, private and family life; in this regard, calls the Commission to issue strict guidelines, in addition drawing on the analysis and conclusions contained in the Fundamental Rights Agency report;, and to facilitate as host Member States, in accordance with the host State's national legislation, the freedom of movement of other members of the household and registered partners not covered by the definitions listed in Article 2; in this regard, calls the Commission to issue strict guidelines;"
2009/02/18
Committee: LIBE
Amendment 79 #
Motion for a resolution
Article 6
6. Notes that not all Member States have implementedReminds the Member States of Article 35 of Directive 2004/38/EC, which allows them to adopt the necessary measures to refuse, terminate or withdraw free movement rights in cases of abuse of rights or fraud, such as marriages of convenience, provided that such measures are proportionate and non- discriminatory and that procedural safeguards are respected, and draws attention to the possibilities provided by this Article;
2009/02/18
Committee: LIBE