11 Amendments of Ska KELLER related to 2016/0133(COD)
Amendment 168 #
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State Member State should be able to derogate from the responsibility criteria for example on humanitarian grounds, in particular for exfaminly reasons, and examinge an application lodged with it in cases whenfor international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulat. In order to ensure full respect of the applicant's right to private and family life, and in order to improve the prospects of long-term integration of the applicants, the existence of meaningful links with a Member State, including language skills, education, professional skills or cultural ties which would facilitate his or her integration, should become a binding responsibility criterion.
Amendment 237 #
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members or meaningful links with a Member State, including language skills, education, professional skills or cultural ties, determine that a different Member State should be responsible.
Amendment 273 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the identification of family members or, relatives or any other family relativeons of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the elements for assessing a private sponsorship; the criteria for assessing the capacity of a person to take care of a dependent person; the criteria for assessing the existence of meaningful links to a certain Member State, including language skills, education, professional skills or cultural ties; standard operating protocols for the determination of the best interests of a child and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8 of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. .
Amendment 429 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 443 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the possibility under Article 36(4) to express a maximum of three preferences for the determining Member State responsible;
Amendment 458 #
(ib) of the right to request free legal assistance and representation at all stages of the procedure;
Amendment 474 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Right to free legal assistance and representation 1. Without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost, Member States shall provide free legal assistance and representation on matters relating to the application of this Regulation at all stages of the procedure. 2. The free legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances; (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview as necessary; (c) explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken pursuant to Article 28.
Amendment 583 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Meaningful links with a Member State 1. Where the applicant has meaningful links with a Member State, including language skills, education, professional skills or cultural ties which would facilitate his or her integration, that Member State will be responsible for examining the application for international protection.
Amendment 607 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Private Sponsorship 1. Where an applicant is sponsored by a person legally residing in one of the Member States, the Member State of residence of the sponsor will be the responsible Member State, provided that the sponsor is able to take care of the dependent person and that the persons concerned expressed their desire in writing. 2. The Commission is empowered to adopt delegated acts in accordance with Article 57 concerning the elements to be taken into account in order to determine the criteria for assessing the capacity of the sponsor concerned to take care of the dependent person. 3. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 614 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 799 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. Paragraph 1 does not apply to applicants falling under the cases referred to in Articles 10-14ANEW and 18ANEW.