17 Amendments of Rachida DATI related to 2018/0329(COD)
Amendment 164 #
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be granted whereMember States should ensure that those third-country nationals in respect of whom it has been assessed that third- country nationalsey pose a risk of absconding, who have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or theywho pose a risk to public policy, public security or national security in particular on grounds of terrorism or serious crime, are not granted a period for voluntary departure. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 175 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should ensure that persons facing return procedures do not intentionally and fraudulently exploit factors that might be considered as potentially increasing their vulnerability.
Amendment 181 #
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding fiveten days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 192 #
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision should have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non-refoulement or where there is clear evidence for exceptional personal circumstances such as severe impairments to health.
Amendment 223 #
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security, especially if belonging to terrorist or serious crime networks. This should also apply to minors between the age of 16 and 18, who have repeatedly committed criminal offences, thereby proving their unwillingness to abide by the law.
Amendment 231 #
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and sixtwelve months, which may be prolonged, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 238 #
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should not precludeencourages Member States fromto laying down effective, proportionate and dissuasive penalties and criminal penalties, including imprisonment, in relation to the infringements of migration rules, especially with regard to convicted terrorists, organised crime offenders and offenders of severe crimes such as rape, provided that such penalties are compatible with the objectives of this Directive, do not compromise the application of this Directive and are in full respect of fundamental rights.
Amendment 251 #
Proposal for a directive
Recital 33
Recital 33
(33) To ensure effective return in the context of the border procedure, a period for voluntary departure should not be granted. However, a period for voluntary departure shouldmay be granted to third- country nationals who hold a valid travel document and cooperate fully with the competent authorities of the Member States at all stages of the return procedures. In such cases, to prevent absconding, third- country nationals should hand over the travel document to the competent authority until their departure.
Amendment 270 #
Proposal for a directive
Recital 38
Recital 38
(38) Establishing return management systems in Member States contributes to the efficiency of the return process. Each national system should provide timely information on the identity and legal situation of the third country national that are relevant for monitoring and following up on individual cases. To operate efficiently and in order to significantly reduce the administrative burden, such national return systems should be linked to the Schengen Information System to facilitate and speed up the entering of return-related information, as well as to the central system established by the European Border and Coast Guard Agency in accordance with Regulation (EU) …/… [EBCG Regulation] as well as other relevant central information systems.
Amendment 362 #
Proposal for a directive
Article 6 – paragraph 1 – point p a (new)
Article 6 – paragraph 1 – point p a (new)
(pa) risk to public policy, public security or national security.
Amendment 371 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (m), (n), (o), (p) and (p a) of paragraph 1 is fulfilled.
Amendment 426 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shall issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation] in order to guarantee smooth procedures, which are also in the best interest of the returnees.
Amendment 460 #
Proposal for a directive
Article 9 – paragraph 4 – point c – subparagraph 1 (new)
Article 9 – paragraph 4 – point c – subparagraph 1 (new)
This should particularly apply to third- country nationals who have committed offences in several Member States or offences related to terrorism or serious crime.
Amendment 463 #
Proposal for a directive
Article 9 – paragraph 4 – point c b (new)
Article 9 – paragraph 4 – point c b (new)
(cb) Where the third-country nationals has been convicted for benefit fraud by using multiple identities.
Amendment 468 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Priority shall be given to those third country nationals having been convicted for severe and repeated criminal offences, in particular terrorism. Those measures shall include all measures necessary to confirm the identity of illegally staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 531 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3 a (new)
Article 14 – paragraph 3 – subparagraph 3 a (new)
The assistance referred to in this paragraph shall as a rule not be granted to third-country nationals who already benefitted from reintegration assistance provided by a Member State once.
Amendment 640 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Return decisions issued in returnIn the context of procedures carried out in accordance with paragraph 1 of this Article shall be given by means of a standard form as set out under national legislation, in accordance with Article 15(3), Member States shall issue: (a) either a return decisions given by means of a standard form as set out in the annex, or (b) a refusal of entry in accordance with Article14 of Regulation 2016/399; paragraphs 4 to 7 shall not apply in this case. Member States shall issue one of the decisions referred to in this paragraph as soon as possible, where possible under national law together with the decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation].