13 Amendments of Jean LAMBERT related to 2008/0243(COD)
Amendment 35 #
Proposal for a regulation
Recital 22
Recital 22
(22) This mechanism of suspension of transfers should be applied also when the Commission considers that the level of protection for applicants for international protection in a given Member State is not in conformity with Community legislation on asylum, in particular in terms of reception conditions, qualification for international protection, and access to the asylum procedure, in view of ensuring that all applicants for international protection benefit from an adequate level of protection in all Member States.
Amendment 36 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) It is essential to reflect on and propose binding instruments to ensure solidarity as well as higher standards of protection.
Amendment 37 #
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22b) This mechanism for the suspension of transfers is an exceptional measure to address issues of particular pressure or ongoing protection concerns.
Amendment 38 #
Proposal for a regulation
Recital 22 c (new)
Recital 22 c (new)
(22c) The Commission should periodically review progress toward improving the long-term development and harmonisation of the Common European Asylum System, and the degree to which solidarity measures and the availability of a suspension mechanism are facilitating that progress, and report on that progress to the Council so that the Council may consider the need to provide for further solidarity measures, consisting in particular of rules to facilitate the secondment of officials from other Member States and to introduce means of reallocating asylum seekers from Member States experiencing particular pressures, and means of extending financial support to assist Member States in rectifying situations leading to the suspension of transfers based on protection concerns.
Amendment 40 #
Proposal for a regulation
Article 2 – point (i)
Article 2 – point (i)
(i) “family members” means insofar as the family already exist, regardless of whether the family was formed in the country of origin, the following members of the applicant’s family who are present in the territory of the Member States:
Amendment 55 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that a representativethe guardian of an unaccompanied minor as referred to in Article [23] of Directive [...../....EC] [laying down the minimum standards for the reception of asylum seekers] shall represents and and/or assists the unaccompanied minor with respect to all procedures provided for in this Regulation. This representative may also be the representative referred to in Article 23 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekeIn addition, a qualified legal representative shall be appointed free of charge, to assist the child during the procedure, such representative having the necessary knowledge of the special needs of minors].
Amendment 62 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the applicant is an unaccompanied minor who has a relative legally present in another Member State who can take care of him or her, that Member State shall be responsible for examining the application, provided that this is in the best interests of the minor and that the minor consents, insofar as his or her degree of maturity enables the minor to give consent, and the consent of the relative in question shall be sought.
Amendment 64 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. In the absence of a family member or of another relative, the Member State responsible for examining the application shall be that where the minor has lodged his or her most recent application for international protection, including any application made in the determining Member State in the course of the procedures under this Regulation, provided that this is in the best interests of the minor.
Amendment 66 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where the asylum seeker is dependent on thcould be assistance ofed by a relative on account of pregnancy or a new-born child, serious illness, severe handicap or old age, or where a relative is dependent on thcould be assistance ofed by 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 thatregardless of whether the family ties existwere formed 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 98 #
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 appliedhave not effectively resulted in an equally effectively outcome, 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 place only if there is a significant risk of him/her absconding.
Amendment 109 #
Proposal for a regulation
Article 31 – paragraph 4 – point d a (new)
Article 31 – paragraph 4 – point d a (new)
(da) indicia of measures, benchmarks and timetables to be established in order to assess progress toward resolution of the circumstances identified pursuant to point (a) of this paragraph.
Amendment 112 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Furthermore, provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the asylum seeker bases his application and, where applicable, the grounds for any decisions taken concerning the applicant. The Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm the essential interests of the Member State or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requested Member State. In this case, the applicant must know for what information he/she is giving his/her approvalbe provided with the information to be communicated in writing in a language that the applicant understands and, if the applicant so wishes, in the presence of his/her legal representative, prior to giving his/her consent.
Amendment 113 #
Proposal for a regulation
Article 32 – paragraph 9 – subparagraph 1
Article 32 – paragraph 9 – subparagraph 1
9. The asylum seeker shall have the right to be informed, on request, of any data that is processed concerning him/herAny data that are processed shall be provided to the person concerned by the Member State in writing in a language that the applicant understands.