15 Amendments of Cornelia ERNST related to 2009/0165(COD)
Amendment 56 #
Proposal for a directive
Recital 13
Recital 13
(13) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to promote the application of Articles 1, 4, 18, 19, 21, 24 and 47 of the Charter and has to be implemented accordingly.
Amendment 88 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) gender, sexual orientation, trauma and age awareness;
Amendment 92 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 101 #
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
3. Member States shall ensure that organizations providing advice and, counselling and legal representation to applicants for international protection have access to the border crossing points, including transit zones, and detention facilities subject to an agreement with the competent authorities of the Member State.
Amendment 107 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A Member State may extradite an applicant to a third country pursuant to paragraph 2 only where the competent authorities are satisfiedhave established through the assessment of the United Nations High Commissioner for Refugees and the European Asylum Support Office that an extradition decision will not result in direct or indirect refoulement in violation of international obligations of the Member State or expose the applicant to inhuman or degrading treatment upon arrival in the third country.
Amendment 111 #
Proposal for a directive
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) precise and up-to-date information is obtained from various sources, such as the United Nations High Commissioner for Refugees (UNHCR) and, the European Asylum Support Office and international human rights organisations, as to the general situation prevailing in the countries of origin of applicants and, where necessary, in countries through which they have transited, and that such information is made available to the personnel responsible for examining applications and taking decisions and, where the determining authority takes it into consideration for the purpose of taking a decision, to the applicant and his/her legal adviser;
Amendment 112 #
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) the personnel examining applications and taking decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law as well as human rights law and have completed the initial and follow- up training programme referred to in Article 4(1);
Amendment 115 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
2. Member States shall also ensure that, where an application is rejected or granted with regard to refugee status and/or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing at the time of issuing the decision.
Amendment 132 #
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) the competent authorities may search the applicant and the items he/she carries with him/her, provided the search is carried out by a person of the same sex who is age- and culture-sensitive;
Amendment 156 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Member States shall ensure that free legal assistance and/or representation be granted on request, subject to the provisions of paragraph 3. To that end, Member States shall:
Amendment 165 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) provide for free legal assistance orand representation in procedures in accordance with Chapter V. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before a court or tribunal of first instance on behalf of the applicant.
Amendment 183 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In cases where the determining authority consider that an applicant has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)], the applicant shall be granted sufficient time and relevant support to prepare for a personal interview on the substance of his/her application. Special attention shall be given to those applicants who did not mention their sexual orientation immediately.
Amendment 194 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Subject to the conditions set out in Article 18, unaccompanied minors shall be granted free legal assistance and representation with respect to all procedures provided for in this Directive.
Amendment 196 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
5. Member States may use medical examinations to determine the age of unaccompanied minors within the framework of the examination of an application for international protection , where, following his/her general statements or other relevant evidence, Member States still have doubts concerning his/her age. If those doubts persist after the medical examination, any decision shall always be for the benefit of the unaccompanied minor.
Amendment 223 #
Proposal for a directive
Article 27 – paragraph 6 – point b
Article 27 – paragraph 6 – point b