Activities of Jean LAMBERT related to 2008/0244(COD)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast) PDF (133 KB) DOC (69 KB)
Amendments (11)
Amendment 35 #
Proposal for a directive
Article 2 – point c
Article 2 – point c
(c) "family members" means, in so far as the family already existed in the country of origin, the following members of the applicant's family who are present in the same Member State in relation to the application for international protection :
Amendment 42 #
Proposal for a directive
Article 2 – point c – point vi (new)
Article 2 – point c – point vi (new)
(vi) dependent adults with special needs.
Amendment 47 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 is in writing and, as far as possible, in a language that the applicants are reasonably supposed to understand. Where appropriate, this information may also be supplied orally.
Amendment 53 #
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain an applicant to a particular place in accordance with national legislation, if other less coercive measures cannot be appliedhave not produced an equally effectively result. An applicant may only be detained to a particular place:
Amendment 54 #
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 verify his identity or nationality if the asylum seeker refused to cooperate with the verification process. In such a case verification shall be carried out in full compliance with the principle of confidentiality or nationalityf the asylum application and Article 22 of Directive 2005/85/EC;
Amendment 59 #
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 64 #
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 (cb) 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.
Amendment 96 #
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 101 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 104 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States may reduce or withdraw material reception conditions where an applicant has concealed financial resources, and has therefore unduly benefited from material reception conditions which are sufficient to provide a degree of independence.
Amendment 112 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall as soon as possible take measures to ensure the necessary representation of unaccompanied minors by legal guardianship or, where necessary, representation by an organisation which is responsible for the care and well-being of minors, or by any other appropriate representation. A guardian should be appointed to advise and protect the child and to ensure that all decisions are taken in the child’s best interests. A guardian should have the necessary expertise in the field of childcare so as to ensure that the interests of the child are safeguarded and that the child’s legal, social, health, psychological, material and educational needs are appropriately met. Agencies or individuals whose interests could potentially conflict with those of the child’s shall not be eligible for guardianship. Regular assessments shall be made by the appropriate authorities.