BETA

165 Amendments of Cornelia ERNST related to 2015/2095(INI)

Amendment 5 #
Motion for a resolution
Citation 1 a (new)
- having regard to the Fundamental Right's Agency (FRA) 2015 study "Guardianship systems for children deprived of parental care in the European Union",
2016/02/22
Committee: LIBE
Amendment 6 #
Motion for a resolution
Citation 1 b (new)
- having regard to the Fundamental Right's Agency (FRA) 2014 report "Criminalisation of migrants in an irregular situation and of persons engaging with them",
2016/02/22
Committee: LIBE
Amendment 7 #
Motion for a resolution
Citation 1 c (new)
- having regard to the Commissioner for Human Rights at the Council of Europe's issue paper "the right to leave a country",
2016/02/22
Committee: LIBE
Amendment 8 #
Motion for a resolution
Citation 1 d (new)
- having regard to the Convention on the Rights of the Child of 1989,
2016/02/22
Committee: LIBE
Amendment 9 #
Motion for a resolution
Citation 1 e (new)
- having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,
2016/02/22
Committee: LIBE
Amendment 10 #
Motion for a resolution
Citation 1 f (new)
- having regard to the Convention on the Elimination of All Forms of Discrimination against Women,
2016/02/22
Committee: LIBE
Amendment 11 #
Motion for a resolution
Citation 1 g (new)
- having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence,
2016/02/22
Committee: LIBE
Amendment 12 #
Motion for a resolution
Citation 1 h (new)
- Having regard to the IOM Missing Migrants Project,
2016/02/22
Committee: LIBE
Amendment 13 #
Motion for a resolution
Citation 1 i (new)
- Having regard to the EU Global Approach to Resilience (2012),
2016/02/22
Committee: LIBE
Amendment 14 #
Motion for a resolution
Citation 1 j (new)
- Having regard to the Action Plan for Resilience in Crisis Prone Countries 2013-2020,
2016/02/22
Committee: LIBE
Amendment 15 #
Motion for a resolution
Citation 1 k (new)
- Having regard to the Commission Communication on Maximising the Development Impact of Migration in Development Cooperation (2013),
2016/02/22
Committee: LIBE
Amendment 16 #
Motion for a resolution
Citation 1 l (new)
- Having regard to the DEVCO-ECHO Issues Paper: 'Development, Refugees and IDPs' (2014),
2016/02/22
Committee: LIBE
Amendment 17 #
Motion for a resolution
Citation 1 m (new)
- Having regard to the Joint Communication 'Addressing the Refugee Crisis in Europe: The Role of EU External Action' JOIN(2015) 40 final,
2016/02/22
Committee: LIBE
Amendment 65 #
Motion for a resolution
Recital C
C. whereas according to EASO data7 , in the first ten months of 2015 over 1 million applications for international protection were lodged in the EU, with numbers rising steadily since April, while the share of repeated applications has been simultaneously decreasing; and whereas around 9 % of applicants claim to bwere unaccompanied minors; __________________ 7 EASO Newsletter, November-December 2015, https://easo.europa.eu/wp- content/uploads/EASO-Newsletter-NOV- DEC_-20151.pdf.
2016/02/22
Committee: LIBE
Amendment 74 #
Motion for a resolution
Recital D a (new)
D a. whereas a lack of gender- disaggregated data prevents clear understanding and analysis of the situation of women and girls who are refugees and asylum-seekers;
2016/02/22
Committee: LIBE
Amendment 75 #
Motion for a resolution
Recital D b (new)
D b. whereas, according to the European Commission update (5 January 2016) 17 Member States have made more than 4,200 places available for relocation since the start of the scheme while, according to information from Italy and Greece, the number of places formally indicated as available according to Article 5 of the Council Decisions and open to be filled within the normally foreseen two month period is significantly lower;
2016/02/22
Committee: LIBE
Amendment 76 #
Motion for a resolution
Recital D c (new)
D c. whereas, according to Eurostat, the proportion of people of working age in the EU-28 is shrinking while the relative number of those retired is expanding and the share of older persons in the total population will increase significantly in the coming decades, leading to an increased burden on those of working age to provide for the social expenditure required by the ageing population for a range of related services; whereas Commissioner Frattini had predicted in 2005 that "Europe will need more migration, since labour and skills shortages are already noticeable in a number of sectors and they will tend to increase. Demographic projections indicate that a decline in employment in the order of 20 million workers for EU-25 can be expected between 2010 and 2030 as a result of demographic change."
2016/02/22
Committee: LIBE
Amendment 77 #
Motion for a resolution
Recital D d (new)
D d. whereas, for the purposes of the UN Convention on the Rights of the Child, a child means every human being below the age of eighteen years;
2016/02/22
Committee: LIBE
Amendment 92 #
Motion for a resolution
Recital F a (new)
F a. whereas developing the concepts of solidarity and trust from the perspective of the asylum seeker and not primarily of the EU Member States will be key to the evolution of the next stages of the Common European Asylum System;
2016/02/22
Committee: LIBE
Amendment 94 #
Motion for a resolution
Recital F b (new)
F b. whereas the European Union has ratified the United Nations Convention on the Law of Sea (UNCLOS) which states in Article 98 that every state shall require the master of a ship flying its flag to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress, if informed of their need for assistance. In addition, every coastal state shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service;
2016/02/22
Committee: LIBE
Amendment 95 #
Motion for a resolution
Recital F c (new)
F c. whereas the European Union has ratified the 1974 International Convention for the Safeguard of Life at Sea (SOLAS Convention) which provides that the master of a ship at sea, on receiving a signal from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so; moreover, the Convention requires each contracting government to ensure that necessary arrangements are made for distress communication and coordination in its area of responsibility and for rescue of persons in distress at sea around its coast. These arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers, and shall, so far as possible, provide adequate means of locating and rescuing such persons.
2016/02/22
Committee: LIBE
Amendment 96 #
Motion for a resolution
Recital F d (new)
F d. whereas the European Union has ratified the 1979 International Convention on Search and Rescue at Sea (the SAR Convention), which obliges Member States to set up search and rescue areas and the related rapid intervention services requiring that parties shall provide assistance to any person in distress at sea, doing it regardless of the nationality or status of such a person or the circumstances in which the person is found, and that an operation to retrieve persons in distress provides for their initial medical treatment or other needs and delivers them to a place of safety.
2016/02/22
Committee: LIBE
Amendment 97 #
Motion for a resolution
Recital F e (new)
F e. Affirms the need to improve the partnership principle between all levels of governance, as well as the coordination efforts between the EU, national, regional and local governments together with their national representative associations and civil society;
2016/02/22
Committee: LIBE
Amendment 108 #
Motion for a resolution
Recital H
H. whereas the fight against migrant smuggling, trafficking and labour exploitation necessitates both short, medium and long- term responses, including measures to ensure assistance, protection and access to justice and redress for victims, disrupt criminal networks and to bring criminals to justice, the gathering and analysis of data, measures to protect victims and to return irregularly staying migrants, as well asas well as right-based cooperation with third countries and longer-term strategies to address the demand for trafficked and smuggled persons and whereas the lack of safe and regular channels are the root causes of perilous migration which, forceing people into the hands of criminal smugglers;
2016/02/22
Committee: LIBE
Amendment 116 #
Motion for a resolution
Recital H a (new)
Ha. whereas the 2016 European Parliament's Policy Department C's study "Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants" demonstrates that the Facilitation Directive has profound unintended consequences that have an impact not just on irregular migrants and those who assist them, but also on social trust and social cohesion for society as a whole and that some civil society organisations fear sanctions and experience intimidation in their work with irregular migrants, with a deterrent effect on their work.
2016/02/22
Committee: LIBE
Amendment 119 #
Motion for a resolution
Recital H d (new)
H d. whereas guardians are a key element of a protection system for children who are temporarily or permanently deprived of their family environment and cannot have their interests represented by their parents; whereas there are great disparities between the types of guardianship provided to children in and within EU Member States.
2016/02/22
Committee: LIBE
Amendment 123 #
Motion for a resolution
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effectivand the management of external borders, with must follow high common standards, promote the effective exchange of information between Member States, and fully respect for everyone's fundamental rights;
2016/02/22
Committee: LIBE
Amendment 143 #
Motion for a resolution
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for migrants, asylum seekers and refugees to enter the EU, building on existing legislation and practices, would allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers is the only way to prevent further deaths at sea;
2016/02/22
Committee: LIBE
Amendment 162 #
Motion for a resolution
Recital P
P. whereas the EU has intensified its external cooperation with third countries in migration and asylum to respond adequately to the current refugee crisis, and has launched new cooperation initiatives such as the EU- Turkey Joint Action Plan, the commitments taken on the Western Balkans Routes and the Aaction Plan adopted at the Valetta sSummit;
2016/02/22
Committee: LIBE
Amendment 173 #
Motion for a resolution
Recital P a (new)
P a. whereas the European Commission and EEAS's New Action Plan on Human Rights and Democracy (2015-2019) underlines that the task of EU diplomacy is to "enhance human rights safeguards in all migration and mobility dialogues and cooperation frameworks with third countries, as well as migration-related agreements, processes and programs, including through the analysis of human rights impacts."
2016/02/22
Committee: LIBE
Amendment 174 #
Motion for a resolution
Recital P b (new)
P b. whereas climate change is one of the root causes for migration and the numbers will continue to increase due to an increasing unstable climate; definitions of "climate refugee" are still not classified as legal categorisations, neither are they protected under Geneva Convention.
2016/02/22
Committee: LIBE
Amendment 186 #
Motion for a resolution
Recital R
R. whereas the current EU approach to labour migration is fragmented, with numerous and imbalanced, with several different directives focusing on specific categories of workers and of third-country nationals workers who are, under certain conditions, allowed to work; and whereas this approach can only serve to meet short- term, specific need for the most part only in high-skilled positions; and whereas this approach fails to address labour market needs in the EU, tackle the causes of labour exploitation, or reduce the vulnerability of migrant workers;
2016/02/22
Committee: LIBE
Amendment 193 #
Motion for a resolution
Recital T a (new)
T a. whereas securing operational funding is a key challenge for NGOs, as most funding is project related. whereas volunteer and NGO initiatives dedicated to providing assistance to migrants should be promoted and, where appropriate, funded by the European Commission and Member States.
2016/02/22
Committee: LIBE
Amendment 210 #
Motion for a resolution
Recital V
V. whereas the current mechanisms of the Dublin system have failed to bestablish objective, to establish and fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
2016/02/22
Committee: LIBE
Amendment 227 #
Motion for a resolution
Paragraph 1 a (new)
1 a. Condemns seizing of valuables from asylum seekers in order to finance the cost of their stay during the asylum procedures in a Member State which constitutes an infringement of the human dignity of the persons concerned and violates the right to property enshrined in Article 1 of Protocol 1 to the ECHR.
2016/02/22
Committee: LIBE
Amendment 228 #
Motion for a resolution
Paragraph 1 b (new)
1 b. Suggests that the Member States should start to systematically collect and make publicly available data on border deaths and, as far as possible, on missing persons; With a view to increase the chances of identification for deceased migrants, further suggests the establishment of common standards regarding the management of border deaths, and calls for a strengthened cooperation with bodies that are already active in this field, such as the International Committee of the Red Cross
2016/02/22
Committee: LIBE
Amendment 239 #
Motion for a resolution
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea; calls on Member States to align their national legislation accordingly;
2016/02/22
Committee: LIBE
Amendment 246 #
Motion for a resolution
Paragraph 4
4. Takes the view that a permanent, robust and effeproactive Union response in search and rescue operations at sea is crucial, parallel with establishing legal access to the EU, to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea, including rapid responses to shifting flows;
2016/02/22
Committee: LIBE
Amendment 261 #
Motion for a resolution
Paragraph 5 a (new)
5 a. Recognising that international law binds Member States to set up search and rescue areas, urges Member States willing to take the lead to form a coalition of fair responsible sharing, search and rescue, relocation and resettlement with the support of reliable NGOs .
2016/02/22
Committee: LIBE
Amendment 264 #
Motion for a resolution
Paragraph 6
6. Points out that private shipmasters or non-governmental organisations (NGOs) who genuinely assist persons in distress at sea should not risk punishment for providing such assistance; believes that merchant shipping should not provide an option in lieu of Member States and the Union fulfilling their obligations in terms of search and rescue;
2016/02/22
Committee: LIBE
Amendment 272 #
Motion for a resolution
Paragraph 7
7. Calls for a clear distinction to be made between those persons who are smuggled into the Union and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also be properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitating the irregular entry of a person to a Member State, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violent, deceptive or abusive means, for the purpose of exploitation;
2016/02/22
Committee: LIBE
Amendment 297 #
Motion for a resolution
Paragraph 9
9. Welcomes the positive role played by navy vessels in saving lives at sea and in disrupting criminal networks to date; supports the aims of navy operations such as Operation Sophia, and stresses the need to protect life, emphasising that all aspects of the operation should ensure that migrant lives are protected;deleted
2016/02/22
Committee: LIBE
Amendment 305 #
Motion for a resolution
Paragraph 9 a (new)
9 a. Condemns the NATO intervention in the Aegean whose main aim is to "stem the flow" of refugees and migrants arriving in Europe; recalls that European governments support to such operation is a de-facto refoulement in violation of international law.
2016/02/22
Committee: LIBE
Amendment 318 #
Motion for a resolution
Paragraph 10
10. Underlines that military operations should not be the predominate aspcan have negative effects ofn any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
2016/02/22
Committee: LIBE
Amendment 325 #
Motion for a resolution
Paragraph 10 a (new)
10 a. Deems it necessary to harmonise and strengthen the guardianship system in EU Member States to prevent unaccompanied and separated children from falling into the hands of organised trafficking organisations; calls the Commission to fully implement the action plan on unaccompanied minors for 2010- 2014 and to propose specific tools in collaboration with Member States to introduce minimum common standards based on best practices regarding the mandate, functions, quality and skills of the guardians.
2016/02/22
Committee: LIBE
Amendment 326 #
Motion for a resolution
Paragraph 10 b (new)
10 b. Calls for the adoption of a uniform procedure for the age assessment of unaccompanied and separated minors (UASC); this procedure shall always begin using non-invasive methods such as analysing documentation and other evidence that the child may receive from his or her country of origin and providing for interviews to be conducted in a safe and appropriate environment for the child 's age and needs, by qualified and independent personnel; more tests through assessments of the psycho-social and/or physical development of the child should be carried out only as a last resort and if reasonable doubt remains after the non-invasive procedure has taken place;
2016/02/22
Committee: LIBE
Amendment 329 #
Motion for a resolution
Paragraph 11
11. Points out that, since criminals can and do change their modus operandi very quickly, policy responses must adapt to the most recent and accurate data; notes, as a positive step forward, that the Commission adopted a Union Action Plan against Migrant Smuggling on 27 May 2015 ('the Action Plan on Smuggling’),') under which it provides for the setting up of a Contact Group of Union Agencies on migrant smuggling, to strengthen their operational cooperation and information exchange;
2016/02/22
Committee: LIBE
Amendment 336 #
Motion for a resolution
Paragraph 12
12. Emphasises that full use should be made of existing instruments, such as the aAgencies' risk analyses; observes that Union aAgencies should cooperate fully, but that they also need to step up cooperation with Member States; notes that better coordination of efforts should allow for the collection of data at national level and its onward communication to the Agencies; recalls that the agencies should be accountable to the European Parliament and their work must be transparent;
2016/02/22
Committee: LIBE
Amendment 345 #
Motion for a resolution
Paragraph 12 a (new)
12a. Recalls that humanitarian assistance, funding or actions/programmes by civil society should not be linked to their cooperation in the fight against smuggling; points out that NGOs, social workers, volunteers should never be asked to be agents of surveillance;
2016/02/22
Committee: LIBE
Amendment 362 #
Motion for a resolution
Paragraph 14 a (new)
14a. Recalls nevertheless that the rights enshrined in Articles 4, 5 and 27 of the Dublin Regulation remain applicable and provide essential procedural guarantees to applicants for international protection such as the right to information, the right to a personal interview and the right to an effective remedy. The right to an effective remedy applies also when the procedural rights enshrined in the Regulation, including the right to information and to a personal interview, have not been respected during the relocation procedure.
2016/02/22
Committee: LIBE
Amendment 374 #
Motion for a resolution
Paragraph 15
15. Takes the view that the establishment of urgent relocation measures is a move in the right direction, and; however, taking into account the very moderate results achieved so far, calls on Member States to fulfil their obligations with regard to those measures as soon as possible; believes that the swift registration and processing of eligible applicants is key to the effectiveness of the relocation mechanism; underlines therefore the need for additional registration and processing capacity as well as better coordination between all actors involved in the process; notes that preferences expressed by Member States and delays in acceptance can limit the effectiveness of the relocation plan and calls on Member States to remove these obstacles;
2016/02/22
Committee: LIBE
Amendment 379 #
Motion for a resolution
Paragraph 15 a (new)
15a. Calls on Member States to further increase relocation pledges and step up processing capacities, including through EASO support, to ensure that a significantly higher number of applicants for relocation can be processed and transferred without delay; points out the need to provide applicants for relocation with petty cash as well, social worker assistance and regular information about relocation process during their waiting period in addition to food and housing;
2016/02/22
Committee: LIBE
Amendment 380 #
Motion for a resolution
Paragraph 15 b (new)
15b. Believes information and communication, including through the involvement of refugee communities, on relocation should be strengthened by developing standardised content and consistent messages, including through the use of audio visual tools and social media that can also facilitate 'Refugee-to- Refugee' contacts.
2016/02/22
Committee: LIBE
Amendment 395 #
Motion for a resolution
Paragraph 17
17. Notes, in addition, that Member States of first arrival will thereforecurrently have to handle the more complicated asylum claims (and appeals), will have to organise longer periods of reception, and will have to organise and coordinate returns for those ultimately not entitled to international protection, which represents a disproportionate burden for these States;
2016/02/22
Committee: LIBE
Amendment 418 #
Motion for a resolution
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State, its social and economic conditions and the population density of the Member State;
2016/02/22
Committee: LIBE
Amendment 426 #
Motion for a resolution
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible,as well as other genuine links with a Member State should be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop thecooperate with relocation procesdecisions;
2016/02/22
Committee: LIBE
Amendment 437 #
Motion for a resolution
Paragraph 19 a (new)
19a. Genuine links include family ties beyond the definition of family members in Regulation (EU) No 604/2013 , social relations, cultural ties, previous stay in a Member State, previous study and previous work experience with a company or an organisation of a specific Member State as well as specific qualifications, including language skills, that could be relevant for the integration of applicants into the labour market of the Member State of relocation;
2016/02/22
Committee: LIBE
Amendment 438 #
Motion for a resolution
Paragraph 19 b (new)
19b. Applicants for international protection should have the right to play an active role in the procedure for their relocation to a Member State, in compliance with Articles 4 and 5 of the Dublin Regulation. They should therefore be informed as soon as possible on their rights and on the procedure for international protection as well as on the possibility to be relocated in another Member State. Applicants should then have the possibility to list, during their personal interview, their preferences for the State of relocation and the reasons for these preferences (due to genuine links to that Member State). These elements should be duly taken into account when deciding the State of relocation of the applicant.
2016/02/22
Committee: LIBE
Amendment 439 #
Motion for a resolution
Paragraph 19 c (new)
19c. Believes any applicant appealing against a relocation procedure should have the possibility to explain why they would rather remain in the Member State of first entry or why they should be relocated to another Member State because of their specific qualifications and characteristics such as their language skills and other individual indications based on demonstrated family, cultural or social ties which could facilitate their integration into the Member State of relocation;
2016/02/22
Committee: LIBE
Amendment 446 #
Motion for a resolution
Paragraph 20
20. Takes the view that resettlement is one of the preferred options for granting safe and lawful access to the Union for refugees and those in need of international protection, where the refugees can neither return to their home countries nor receive effective protection or be integrated into the host third country;
2016/02/22
Committee: LIBE
Amendment 448 #
Motion for a resolution
Paragraph 21
21. Observes, furthermore,Further observes that, resettlement through the auspices of UNHCR is a well-establishedcrucial humanitarian programme, and is a usefulthe main tool forto managinge orderly arrivals of persons in need of international protection onto Member State territories;
2016/02/22
Committee: LIBE
Amendment 481 #
Motion for a resolution
Paragraph 23 a (new)
23a. Stresses the need to introduce a mechanism for the rapid adjustment of the EU resettlement program in order to respond swiftly in humanitarian crisis situations, as to resettle quickly people in dire need of protection in third countries outside the European Union;
2016/02/22
Committee: LIBE
Amendment 482 #
Motion for a resolution
Paragraph 23 b (new)
23b. Notes that applicants for resettlement shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a negative or transfer decision, before a court or tribunal.
2016/02/22
Committee: LIBE
Amendment 493 #
Motion for a resolution
Paragraph 25
25. Underlines that, in so far as resettlement remains unavailable for third-country nationals, all Member States should be encouraged to establish and implement humanitarian admission programmes;
2016/02/22
Committee: LIBE
Amendment 501 #
Motion for a resolution
Paragraph 26
26. Points out that humanitarian visas provide persons in need of international protection with means of accessing a third country in order to apply for asylum; calls on the Member States to make use of any existing possibilities to provide for humanitarian visas at Union embassies and consular offices in countries of origin or transit countries, and to create such programs where they do not currently exist;
2016/02/22
Committee: LIBE
Amendment 506 #
Motion for a resolution
Paragraph 26 a (new)
26a. Calls on the Commission to propose a non-exhaustive list of ‘humanitarian grounds’ for the release of humanitarian visas to offer Member States a standardised solution to providing humanitarian visas;
2016/02/22
Committee: LIBE
Amendment 514 #
Motion for a resolution
Paragraph 27
27. PIn light of the high divergences in recognition rates, reception standards and procedural length among Member States, points out that further steps are necessary to ensure that the CEAS could becomes a truly uniform system;
2016/02/22
Committee: LIBE
Amendment 529 #
Motion for a resolution
Paragraph 29
29. Notes, for example, that inadmissible applications, subsequent applications, accelerated procedures and border procedures are all specific cases in which the recast of the Asylum Procedures Directive tried to strike a delicate balance between the efficiency of the system and the rights of the applicants; underlines that such a balance can only be achieved if the legislation is fully and properly implemented;deleted
2016/02/22
Committee: LIBE
Amendment 533 #
Motion for a resolution
Paragraph 29 a (new)
29a. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in numerous Member States, and urges the Commission to propose a revision of Regulation 862/2007 so that it will include gender-differentiated statistical data on the operation of detention facilities; this revision should also require collection of gender-disaggregated data at registration sites and in first-line and long-term reception facilities, as well as data on vulnerable groups such as but not limited to LGBTI persons or with disabilities, in order to improve understanding of and response to the specific needs of refugees and asylum-seekers;
2016/02/22
Committee: LIBE
Amendment 534 #
Motion for a resolution
Paragraph 29 b (new)
29b. Stresses the importance of democratic control of all forms of deprivation of liberty pursuant to the laws on immigration and asylum; calls on Members of the European Parliament and of national parliaments to pay regular visits to reception and detention centres for migrants and asylum-seekers and calls on the Member States and the Commission to facilitate access to these centres for NGOs and journalists;
2016/02/22
Committee: LIBE
Amendment 535 #
Motion for a resolution
Paragraph 29 c (new)
29c. Notes that reception conditions in some Member States do not comply with minimum EU standards and do not provide appropriate safeguards for women, children and other vulnerable groups;
2016/02/22
Committee: LIBE
Amendment 536 #
Motion for a resolution
Paragraph 29 d (new)
29d. Following the consolidated jurisprudence of the ECtHR, considers that the detention of vulnerable groups as defined in Article 21 of Directive 2013/33/EU should be forbidden and these individuals placed in open facilities tailored to handle their needs;
2016/02/22
Committee: LIBE
Amendment 537 #
Motion for a resolution
Paragraph 29 e (new)
29e. Notes that personnel at registration and reception facilities should be trained to screen for and respond appropriately to reasons for asylum-seeking linked to sexual and gender-based violence;
2016/02/22
Committee: LIBE
Amendment 538 #
Motion for a resolution
Paragraph 29 f (new)
29f. Recalls that both international law and the EU Charter of Fundamental Rights require Member States to examine alternatives to detention, as an application of the principles of necessity and proportionality in order to avoid arbitrary deprivation of liberty; Alternatives to detention include but are not limited to such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place;
2016/02/22
Committee: LIBE
Amendment 539 #
Motion for a resolution
Paragraph 29 g (new)
29g. Believes EASO, together with the European Commission, should more systematically monitor the implementation of the CEAS to provide better support to MS facing particular pressure. This could include better use of EASO joint processing capacities and support in providing reception capacities in emergency situations;
2016/02/22
Committee: LIBE
Amendment 540 #
Motion for a resolution
Paragraph 29 h (new)
29h. Deems it necessary to allow beneficiaries of international protection benefit from reception conditions and support in entering the labour market for a reasonable duration after the recognition of their status;
2016/02/22
Committee: LIBE
Amendment 541 #
Motion for a resolution
Paragraph 29 i (new)
29i. Condemns any attempt to send back asylum-seekers to "safe third countries" as proposed by the Dutch presidency and the European Commission in its Communication of 10.02.2016; recalls such measures would be in violation of the right to international protection enshrined in the Geneva Convention;
2016/02/22
Committee: LIBE
Amendment 550 #
Motion for a resolution
Paragraph 30 a (new)
30a. Points out that the current Dublin Regulation has been deemed unlawful; takes the view that a new asylum and migration framework should focus on the best interest of the unaccompanied minors, in order not to not to prolong unnecessarily the procedure for determining the Member State responsible, and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.
2016/02/22
Committee: LIBE
Amendment 569 #
Motion for a resolution
Paragraph 33
33. Recommends that the criteria on which the Relocation Decisions are based should be built directly into the Union’s standard rules for allocating responsibility; eEmphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘not to limit its scope to 'applicants in clear need of international protection', since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
2016/02/22
Committee: LIBE
Amendment 577 #
Motion for a resolution
Paragraph 33 a (new)
33a. Notes that a considerable number of potential asylum seekers are excluded from the relocation system because they do not belong to a nationality for which the proportion of decisions granting international protection among decisions taken at first instance is 75 % or higher.
2016/02/22
Committee: LIBE
Amendment 578 #
Motion for a resolution
Paragraph 33 b (new)
33b. Believes Article 21 of the "Reception Directive" on vulnerable persons could be used as the basis for a new preferential criteria on which the Relocations Decisions shall be taken replacing the current nationality-based criteria. The Directive defines vulnerable persons as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation;
2016/02/22
Committee: LIBE
Amendment 579 #
Motion for a resolution
Paragraph 33 c (new)
33c. The reception and procedural needs of applicants for relocation belonging to a vulnerable group should be assessed as soon as an application for international protection is made; these needs should be handled and closely monitored during every step of the relocation process;
2016/02/22
Committee: LIBE
Amendment 597 #
Motion for a resolution
Paragraph 35
35. Points out that one option for a fundamental overhaul of the Dublin system would be to establish a central collection of applications at Union level – viewing each asylum seeker as someone seeking asylum in the Union as a whole and not in an individual Member State – and to establish a central system for the allocation of responsibility for any persons seeking asylum in the Union; suggests that such a system could provide for certain relative thresholds per Member State, above which no further allocation of responsibility could be made until all other Member States have met their own thresholds, which could conceivably help in deterring secondary movements, as all Member States would be fully involved in the centralised system and no longer have individual responsibility for allocation of applicants to other Member States; believes that such a system could function on the basis of a number of Union ‘hotspots’the Member State's individual reception facilities from where Union distribution should take place; underlines that any new system for allocation of responsibility must incorporate and render effective the key concepts of extended family unity and the best interests of the child;
2016/02/22
Committee: LIBE
Amendment 603 #
Motion for a resolution
Paragraph 35 a (new)
35a. This approach should be combined with a "genuine link" approach, thus trying to find a proper balance between the States' interests and the point of view of asylum seekers;
2016/02/22
Committee: LIBE
Amendment 604 #
Motion for a resolution
Paragraph 35 b (new)
35b. A safeguard clause with respect to the family ties (at least the one concerning parents, children, spouses or registered partners, siblings) should be inserted: therefore the country connected to the asylum seeker for the presence of one or more of these family members will always be obliged to accept the transfer, and should receive an extra financial contribution from the AMIF, following a proper interpretation or modification of the Regulation No. 516/2014. The following reference period for the calculation of quotas would take into account these "extra" transfers.
2016/02/22
Committee: LIBE
Amendment 605 #
Motion for a resolution
Paragraph 35 c (new)
35c. In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States;
2016/02/22
Committee: LIBE
Amendment 606 #
Motion for a resolution
Paragraph 35 d (new)
35d. The reception and procedural needs of applicants for international protection belonging to a vulnerable group should be assessed as soon as an application for international protection is made; these needs should be handled and closely monitored during every step of the process
2016/02/22
Committee: LIBE
Amendment 607 #
Motion for a resolution
Paragraph 35 e (new)
35e. Believes that full and verifiable compliance with legal standards in treating asylum seekers and their claims must be ensured, as well as access to justice. Recommends the competent authorities of the Member State where the application is lodged to be assisted by an asylum support team including liaison officers and specialised staff of other Member States, EASO, UNHCR and other actors including specialised NGOs.
2016/02/22
Committee: LIBE
Amendment 608 #
Motion for a resolution
Paragraph 35 f (new)
35f. Notes that as long as asylum seekers will not be able to influence the decision concerning the Member State in which they can submit their application, the only thing that could deter secondary movement is to offer them the prospect of mobility throughout the EU.
2016/02/22
Committee: LIBE
Amendment 618 #
Motion for a resolution
Paragraph 36
36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positive asylum international protection decisions is a logical step towards proper implementation of properly Article 78(2)(a) TFEU, which calls for "a uniform status of asylum valid throughout the Union";
2016/02/22
Committee: LIBE
Amendment 621 #
Motion for a resolution
Paragraph 36 a (new)
36a. Suggests therefore that refugees should be entitled, immediately upon recognition, to rights and equality which should extend throughout the European Union and not only in the Member States granting the status.
2016/02/22
Committee: LIBE
Amendment 622 #
Motion for a resolution
Paragraph 36 b (new)
36b. Calls therefore for the recognition of positive international protection decisions and the definition of the conditions under which a beneficiary of international protection can obtain the right to reside in another EU state than the one in which he obtained recognition of protection.
2016/02/22
Committee: LIBE
Amendment 645 #
Motion for a resolution
Paragraph 40
40. Emphasises that hosting Member States must offer refugees and migrants support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society for refugees; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
2016/02/22
Committee: LIBE
Amendment 665 #
Motion for a resolution
Paragraph 41
41. Recalls that, under Article 15 of the Reception Conditions Directive, Member States are to determine the conditions for granting access to their labour markets for applicants for international protection, provided that such access is effective and is in accordance with the timeframe laid down in Paragraph 1 of that Article; uReminds Member States that they may provide for higher standards with respect to access to the labour market; Understands that, per Article 15(2) for reasons of labour market policies, Member States may give priority to Union citizens and nationals of sStates parties to the Agreement on the European Economic Area, and to legally resident third-country nationals;
2016/02/22
Committee: LIBE
Amendment 674 #
Motion for a resolution
Paragraph 42
42. Takes the view that, where those persons granted international protection in the Union have an offer of employment or scholarship or research grant in a Member State other than the one in which they have been granted international protection, they should be able to avail themselves of such an offer;
2016/02/22
Committee: LIBE
Amendment 677 #
Motion for a resolution
Paragraph 42 a (new)
42 a. Beneficiaries of international protection should be allowed to extend their right to travel up to three months in other EU Member States to find employment if a local sponsor (individuals, companies, other entities) expresses his or her willingness to take care of the asylum seeker (i.e. through accommodation, facilitation of integration process and search for job) and give a financial guarantee and other evidence of credibility;
2016/02/22
Committee: LIBE
Amendment 678 #
Motion for a resolution
Paragraph 42 b (new)
42 b. Likewise, persons who have not been granted international protection in the Union but have received an offer of scholarship, employment or have regularly worked in a Member State while their protection claim was being processed should be able to avail themselves of a resident permit for third country nationals instead; urges the Commission to address this issue by providing innovative proposals in this direction;
2016/02/22
Committee: LIBE
Amendment 679 #
Motion for a resolution
Paragraph 42 c (new)
42 c. Calls for a revision of the Long Term Residents Directive, lowering access to Long Term Resident status after 2.5 years for refugees, coupled with exemptions to the conditions of regular income and housing, as this would improve the possibility for refugees to accept employment in a country other than the one which granted him/her protection;
2016/02/22
Committee: LIBE
Amendment 701 #
Motion for a resolution
Paragraph 44 a (new)
44 a. Calls on Member States to ensure that integration measures should include specific measures for women asylum seekers and refugees.
2016/02/22
Committee: LIBE
Amendment 708 #
Motion for a resolution
Paragraph 45 a (new)
45 a. Points out to the urgent need of facilitating family reunification; condemns in this respect all changes in national legislations that have led to restricting the right to family life of persons fleeing persecutions and its dramatic consequences for families being separated and at risk of death or starvation in countries of origin and transit.
2016/02/22
Committee: LIBE
Amendment 712 #
Motion for a resolution
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification by removing discriminatory requirements and limitations on family reunification (e.g. age or time limitations, minimum income requirements above minimum wage);
2016/02/22
Committee: LIBE
Amendment 737 #
Motion for a resolution
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;deleted
2016/02/22
Committee: LIBE
Amendment 752 #
Motion for a resolution
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system;deleted
2016/02/22
Committee: LIBE
Amendment 799 #
Motion for a resolution
Paragraph 52
52. Acknowledges the recent Commission proposal for a Union list of safe countries of origin, amending the Asylum Procedures Directive13 ; observnotes that if such a Union list would become obligatory for Member States it could, in principle, be an important tool for facilitating the asylum process, including returnaccelerated procedures can lead to incomplete examination, particularly of complex asylum claims, and that such accelerated procedures are not appropriate for claims based on torture, gender-based violence, or discrimination, including discrimination based on sexual orientation and gender identity; __________________ 13 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L180, 29.6.2013, p. 60).
2016/02/22
Committee: LIBE
Amendment 808 #
Motion for a resolution
Paragraph 52 a (new)
52 a. Notes that the use of safe country lists, whether nationally designated or at EU level, further contributes to a practice of stereotyping certain applications on the basis of their nationality and increases the risk of such applications not being subject to a thorough examination of a person's fear for persecution or risk of serious harm on an individual basis, which is at the core of the refugee definition and crucial to ensuring full respect of the principle of non-refoulement
2016/02/22
Committee: LIBE
Amendment 809 #
Motion for a resolution
Paragraph 52 b (new)
52 b. Underlines that, according to Article 3 of the Geneva Convention of 1951, Member States shall not discriminate refugees on the basis of their race, religion or country of origin.
2016/02/22
Committee: LIBE
Amendment 812 #
Motion for a resolution
Paragraph 53
53. Regrets the current situation in which Member States apply different lists, containing different safe countries, hampering uniform application and incentivising secondary movements;deleted
2016/02/22
Committee: LIBE
Amendment 827 #
Motion for a resolution
Paragraph 54
54. Underlines, in any event, that any list of safe countries of origin should not detract from the principle that every person must be allowed an appropriate individual examination of his or her application for international protection;, from the right to an effective remedy and to a fair trial and from the respect of the principle of non- refoulement; it must also be ensured that specific reasons for persecution, particularly gender, sexual orientation and gender identity, as well as belonging to a particular social or ethnic group, are addressed appropriately throughout an individual assessment of each application, even from countries that are on such a list.
2016/02/22
Committee: LIBE
Amendment 847 #
Motion for a resolution
Paragraph 58
58. Recommends that EASO could be developed, in the long term, into a principal coordinator of the CEAS with a view to guaranteeing common application of the rules of that system; reiterates that, as the CEAS becomes genuinely European, EASO needs to develop from a collection of experts from Member States into a fully- fledged Union aAgency provid; believes that the mandate of EASO should be properly reviewed ing operational support to Member States and at the external borderrder to avoid overlaps or contradictions with the work of other EU agencies and to improve its coordination with UNHCR and other non- governmental organizations; emphasises, in that regard, that it must beis provided with the necessary funding and human resources in the short, medium and long -term;
2016/02/22
Committee: LIBE
Amendment 850 #
Motion for a resolution
Paragraph 58 a (new)
58 a. Any development of the Agency should include substantial involvement of civil society organisations in its work following Article 51 of the Regulation establishing EASO as well as accountability mechanisms before the EU institutions
2016/02/22
Committee: LIBE
Amendment 857 #
Motion for a resolution
Paragraph 60
60. Notes the recent role of Frontexat Frontex has substantially failed in rendering proactive assistance to any vessel orf person in distress at sea, and acknowledges its contribution, through the Triton and Poseidon joint operations, to the rescuing and saving of many lives in the Mediterranean; Believes other agencies and actors should take the lead with regards to search and rescue operations;
2016/02/22
Committee: LIBE
Amendment 868 #
Motion for a resolution
Paragraph 61
61. Understands thatNotes the recently proposed European Border and Coast Guard is intended to replace Frontex and is meant to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguard; Warns against the short-term vision of a closed EU Community as sole guarantee of internal free movement of persons. Reminds that the demographic decline of the EU as a whole will require very soon, or at least ing the free movement of persons thereinmedium term, an open policy of external borders;
2016/02/22
Committee: LIBE
Amendment 881 #
Motion for a resolution
Paragraph 62 a (new)
62 a. Recalls that the European Ombudsman and various NGOs have highlighted the problematic aspect of the respect of human rights of migrants in relation with the operations carried out by Frontex; insists, therefore, that the management of the external borders of the Union has to comply with the relevant and binding international and European provisions in terms of respect of fundamental rights, non refoulement and the provisions of the asylum acquis;
2016/02/22
Committee: LIBE
Amendment 882 #
Motion for a resolution
Paragraph 62 b (new)
62 b. Notes, in this regard, that the proposed individual complaint mechanism against human rights violations raises several questions in terms of its effectiveness; according to the Commission's proposal, the complaint would be processed only internally, that is to say, by the agency itself, resulting in an assessment that is not sufficiently independent and impartial. Moreover, in the proposal, no remedy is foreseen in case the complaint is rejected as inadmissible or not well-founded. Stresses the need to put in place an effective independent complaint mechanism.
2016/02/22
Committee: LIBE
Amendment 884 #
Motion for a resolution
Paragraph 63
63. Recalls that, since the establishment of the Schengen Area, the Union is an area without internal borders, that the Schengen Member States have developed a step- by- step common policy towards the Schengen external borders, and that the inherent logic of such a system has always been that the abolishment of internal border controls has to go hand in hand with compensatory measures strengthening the external borders of the Schengen Area and the sharing of information through the Schengen Information System (‘SIS’);
2016/02/22
Committee: LIBE
Amendment 887 #
Motion for a resolution
Paragraph 64
64. Acknowledges that the integrity of the Schengen area and the abolishment of internal border controls are dependent on having effective management of external borders, with high common standards applied by all Member States at the external borders and an effective exchange of information between them;deleted
2016/02/22
Committee: LIBE
Amendment 898 #
Motion for a resolution
Paragraph 65
65. Accepts that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and, including the demographic ones, in order to preserve the fundamental principles of security and free movement of persons;
2016/02/22
Committee: LIBE
Amendment 907 #
Motion for a resolution
Paragraph 65 a (new)
65 a. Since substantial refugee flows to the EU are bound to continue in the future, believes that only legal and safe routes to the EU and taking account of the asylum seeker's preferences for host EU countries will deter external and secondary movements within the EU
2016/02/22
Committee: LIBE
Amendment 911 #
Motion for a resolution
Paragraph 67 a (new)
67 a. Recognises that all people are entitled to enjoy their human rights, without discrimination, including on the basis of residence status, nationality and religion; and in this context recalls the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders and Frontex Fundamental Rights Strategy, both of which outline measures to comply with fundamental rights for all migrants and reiterate that respect and promotion of fundamental rights are unconditional and integral components of effective integrated border management;
2016/02/22
Committee: LIBE
Amendment 913 #
Motion for a resolution
Paragraph 68
68. Emphasises again that, as for legislation specifically in the area of asylum and migration, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States; underlines that better implementation of measures by Member States at the external borders are essential and will go some way into allaying the security fears caused by an influx of migrants;deleted
2016/02/22
Committee: LIBE
Amendment 919 #
Motion for a resolution
Paragraph 69
69. Takes note that on 15 December 2015 the Commission came forward with a proposal for a targeted revision of the Schengen Borders Code, proposing to introduce systematic controls of all Union nationals (not only on third-country nationals) against the relevant databases at the external borders of the Schengen Area;deleted
2016/02/22
Committee: LIBE
Amendment 932 #
Motion for a resolution
Paragraph 70 a (new)
70 a. Expresses concern over various reports on the violation of EU procedural rights and reception conditions within the recently opened hotspots in Italy and Greece and underlines the need to draw lessons from the current practice, in order to ameliorate their functioning and sustain them financially;
2016/02/22
Committee: LIBE
Amendment 936 #
Motion for a resolution
Paragraph 71 a (new)
71 a. Points out, in that regard, that the Union Agencies require the resources necessary to allow them to fulfil their assigned tasks; stresses that all the operations carried out at the hotspots must be characterized by transparency and insists, therefore, that the Union Agencies and the Member States keep the Parliament fully informed of work undertaken at the hotspots, including by allowing regularly independent experts, such as human rights organisations, lawyers and elected representatives, to visit the centres;
2016/02/22
Committee: LIBE
Amendment 937 #
Motion for a resolution
Paragraph 71 b (new)
71 b. Residents should have permanent onsite access to NGOs and lawyers in order to report any abuses or failures to comply with reception conditions, procedural guarantees and other fundamental rights violations.
2016/02/22
Committee: LIBE
Amendment 939 #
Motion for a resolution
Paragraph 72
72. Notes that both of the Relocation Decisions provide for temporary operational support at the hotspots to be provided to Italy and Greece for the screening of migrants when they first arrive, registration of their application for international protection, provision of information to applicants on relocation, organisation of return operations for those who did not applindividual assessment of their vulnerability for international protection and are not otherwise entitled to remain or those who applied unsuccessfully,other protection needs and the facilitation of all steps involved in the relocation procedure itself;
2016/02/22
Committee: LIBE
Amendment 945 #
Motion for a resolution
Paragraph 73
73. Calls for the hotspotsadequate and dignified reception conditions in "hotspots" to be set to be set up as soon as possible in order to give concrete operational assistance to those Member States;
2016/02/22
Committee: LIBE
Amendment 953 #
Motion for a resolution
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEASqualifying for relocation under Council Decisions 2015/1523 and 2015/1601;
2016/02/22
Committee: LIBE
Amendment 972 #
Motion for a resolution
Paragraph 75
75. Notes that, in its Action Plan on Smuggling, the Commission states that it is considering a revision of Council Directive 2004/81/EC on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegalrregular immigration, and who cooperate with the competent authorities;
2016/02/22
Committee: LIBE
Amendment 976 #
Motion for a resolution
Paragraph 76
76. Believes that such a revision is necessary and should consider introducing a system allowing for victims of trafficking and criminal smuggling to come forwarddeclare their condition and aid in the effective prosecution of a trafficker or criminal smuggler without fear of being prosecuted themselves; victims should be given protection in the EU without any conditionality in cooperation in prosecution of the trafficker or smuggler;
2016/02/22
Committee: LIBE
Amendment 984 #
Motion for a resolution
Paragraph 77 a (new)
77a. Calls therefore for the revision of Article 1.2 of the Council Directive 2002/90/EC to provide for a mandatory exemption from criminalisation for 'humanitarian assistance' in cases of entry, transit and residence of third country nationals;
2016/02/22
Committee: LIBE
Amendment 990 #
Motion for a resolution
Paragraph 79 a (new)
79a. Emphasises the urgent need to address the severe labour exploitation of migrant workers in the Union; recognises that the lack of regular migration channels and barriers to access justice are among the root causes of trafficking; and notes that the Employers' Sanctions Directive includes important provisions to address labour exploitation of irregularly residing third country nationals but that such provisions are reliant on the existence of fair, effective, and accessible complaint mechanisms at national level and implementation remains minimal; reiterates the recommendations of the EU Fundamental Rights Agency regarding the need to strengthen the current legal framework to protect workers from exploitation, and for an EU-level consensus which states that severe labour exploitation is unacceptable and that all workers are entitled to effective protection;
2016/02/22
Committee: LIBE
Amendment 991 #
Motion for a resolution
Paragraph 79 b (new)
79b. Invites all Member States to ratify the Council of Europe Convention on Action against Trafficking in Human Beings;
2016/02/22
Committee: LIBE
Amendment 994 #
Motion for a resolution
Paragraph 80
80. Points out that the Global Approach to Migration and Mobility (GAMM) pillar on asylum and international protection should be further developed further, with greater involvement of third countries; notes that current actions in this field, under Regional Protection Programmes (RPPs) or Regional Development and Protection Programmes (RDPPs), focus on capacity building to tackle criminal smuggling and human trafficking networks within third countries of origin and transit; notes, at the same time, that the resettlement component of these programmes continues to be weak; believes that capacity- building efforts and resettlement activities should be stepped up and carried out together with thirds countries hosting large refugee populations;
2016/02/22
Committee: LIBE
Amendment 999 #
Motion for a resolution
Paragraph 80 a (new)
80a. Recalls that the initiatives the EU has undertaken with third countries approach the humanitarian crisis only from a containment angle
2016/02/22
Committee: LIBE
Amendment 1000 #
Motion for a resolution
Paragraph 80 b (new)
80b. Welcomes the recommendations by the Commissioner for Human Rights at the Council of Europe in the issue paper "the right to leave a country"; Calls in particular for EU Member States to review their border and immigration control laws, policies and practices to ensure that they do not constitute or establish incentives for other States to interfere with the right of all people to leave the country they are in;
2016/02/22
Committee: LIBE
Amendment 1001 #
Motion for a resolution
Paragraph 80 c (new)
80c. Shares the assessment of the Commissioner for Human Rights at the Council of Europe as expressed in the issue paper "the right to leave a country" that the right to leave a State belongs not only to citizens but also to foreigners. States are not entitled to place obstacles in the way of foreigners leaving their countries irrespective of where the foreigners seek to go;
2016/02/22
Committee: LIBE
Amendment 1002 #
Motion for a resolution
Paragraph 80 d (new)
80d. Believes common standards and rules for the adoption of bilateral agreements between Member States and third countries should be agreed following EU or higher fundamental rights standards;
2016/02/22
Committee: LIBE
Amendment 1008 #
Motion for a resolution
Paragraph 82
82. Understands that the external dimension should focus on cooperation with third countries in tacklingCalls for negotiations to be stopped on all types of agreements with third countries which do not guarantee the proot causes of, and addressing, irregular flows to Europe; understands that partnerships and cooperationtection of refugees and respect for fundamental rights, i.e. with key countries of origin, transit and destination should continue to be a focus, for example through the Khartoum and Rabat processes, the Africa-EU migrasuch as Eritrea, Sudan, Somalia, Ethiopia and Egypt, from where refugees are fleeing; calls, further, for the suspension of all financial aid to the Egyptioan and mobility dialogue, the Budapest Process and the Prague ProcesEritrean regimes, in the light of the reports by the UN and NGOs on severe and growing human rights abuses in those countries;
2016/02/22
Committee: LIBE
Amendment 1019 #
Motion for a resolution
Paragraph 84
84. Recommends thatalls that the promotion of a pluralistic democracy and the consolidation of the rule of law are among the objectives of the European Union in all forms of cooperation with third countries, involves assessing those countries’ asylum systems, their support for refugees, and their ability and willingness to tackle human trafficking and criminal smuggling into and through those countricluding development cooperation, without resorting to military interventions; believes therefore that the Union and its Member States must be selective as to avoid the granting of European funds for the control and management of migration flows to countries that have a non-democratic legal system and in which there are well documented and extended cases of violation of fundamental rights both to citizens and migrants in their territory reported by international sources;
2016/02/22
Committee: LIBE
Amendment 1024 #
Motion for a resolution
Paragraph 85
85. Calls on the Union to help third countries build up their asylum systems and integration strategies in order to allow third country nationals in need of international protection to seek protection there; believes that the Union must adopt a win-win approach to cooperation with third countries, that is, an approach that is beneficial to the Union, to the third country in question and to the refugees and migrants in that third country;deleted
2016/02/22
Committee: LIBE
Amendment 1034 #
Motion for a resolution
Paragraph 86
86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU- Turkey Joint Action Plan; emphasises, in that respect, the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the UnionTurkey to fully respect the human rights of refugees and its own citizens, and calls for a suspension of the action plan and any financial assistance until this is not complied with;
2016/02/22
Committee: LIBE
Amendment 1041 #
Motion for a resolution
Paragraph 86 a (new)
86a. Expresses its concern over the recent report from Amnesty International, highlighting the alarming consequences of the EU-Turkey Joint Action Plan on the unlawful detention and deportation of refugees from Turkey.
2016/02/22
Committee: LIBE
Amendment 1042 #
Motion for a resolution
Paragraph 86 b (new)
86b. Condemns Turkey's assault against the Kurdish population –inside and outside Turkey - and the widespread reports of violation of migrant and asylum rights, including of the non-refoulement principle, within its territory;
2016/02/22
Committee: LIBE
Amendment 1043 #
Motion for a resolution
Paragraph 86 c (new)
86c. Highlights the need to incorporate effective monitoring mechanisms and accountability measures in all migration management cooperation agreements with third countries. These should ensure that the human rights principles referred to in EU political and legal instruments will be duly complied with at all times of the migratory process and guarantee that the human rights of migrants and refugees, are respected and protected in third countries;
2016/02/22
Committee: LIBE
Amendment 1055 #
Motion for a resolution
Paragraph 88
88. Welcomes the fact that the Action Plan on Smuggling links the launching of new awareness-raising campaigns to the assessment of existing ones; recommends that any such campaigns should contain information on the criteria to be used to determine protection status in the Union, since such information may convince some migrants – who risk embarking on a perilous journey only to be returned if they are not granted protection – not to make the journey;deleted
2016/02/22
Committee: LIBE
Amendment 1061 #
Motion for a resolution
Paragraph 88 a (new)
88a. Urges the Commission to support civil society campaigns targeting businesses, service users, and consumers to raise awareness about the prevalence of labour exploitation in key sectors of Europe's economy.
2016/02/22
Committee: LIBE
Amendment 1068 #
Motion for a resolution
Paragraph 89
89. Reaffirms that the Union must adopt a long-term strategy to help counteract the 'push factors' in third countries (persecution, conflict, generalised violence, climate change and natural disasters or extreme poverty), which force people into the hands of criminal smuggling networks, which they see as their only chance to reach the Union;
2016/02/22
Committee: LIBE
Amendment 1086 #
Motion for a resolution
Paragraph 92
92. Understands that, in the long -term, much greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, dictatorial regimes, climate change and natural disasters, ethnic cleansing, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this and avoid military interventions which have already demonstrated their capacity to create chaos in foreign States and Regions; Points out that means that the Commission and the Member States must put up the money to help build capacity in third countries,; such as by facilitating investment and education,; strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; ;
2016/02/22
Committee: LIBE
Amendment 1099 #
Motion for a resolution
Paragraph 92 a (new)
92a. Expresses its concerns at the rising number of climate refugees; calls for serious recognition of the issue of climate refugees and the scope thereof, resulting from climate disasters caused by global warming;
2016/02/22
Committee: LIBE
Amendment 1100 #
Motion for a resolution
Paragraph 92 b (new)
92b. Reiterates the need of a definition of climate refugees and a multilateral legal instrument to address the needs of climate refugees in order to protect people fleeing events triggered by climate change, deplores the fact that the status of 'climate refugee' is not yet recognised and leaves a legal loophole affecting victims that cannot benefit from refugee status;
2016/02/22
Committee: LIBE
Amendment 1103 #
Motion for a resolution
Paragraph 93 a (new)
93a. Recommends that, whenever possible, funding instruments should allow for small grants or sub-granting schemes, as these are better suited than larger grants to the needs and capacities of non-state actors such as local governments and civil society organisations;
2016/02/22
Committee: LIBE
Amendment 1105 #
Motion for a resolution
Paragraph 94
94. Welcomes the recently established Emergency Trust Fund for Africa and the EUR 1.8 billion pledged to the fund, which has added an additional element to third-country funding; callCalls the European Commission to provide the European Parliament with regular and detailed information about the spending and allocation of projects oin the Member States to continue contributing to the fund;framework of the Emergency Trust Fund for Africa.
2016/02/22
Committee: LIBE
Amendment 1119 #
Motion for a resolution
Paragraph 96
96. Notes that the Union's migration policy is implemented through different policy instruments, each having its own objectives, which are not necessarily interlinked, and that there is insufficient coordination of funding between the multiple actors involved; points out that the fragmentation of budget lines and responsibilities creates a management structure that could make it difficult to provide a comprehensive overview on how the different funds available are allocated and ultimately used; points out,calls to ensure funds are used to promote a comprehensive and rights-based approach to migration and accountability if funds are used inappropriately or violate migrants' rights; furthermore, points out that such fragmentation makes it harder to quantify how much overall the Union spends overall on migration policy;
2016/02/22
Committee: LIBE
Amendment 1122 #
Motion for a resolution
Paragraph 96 a (new)
96a. Underlines therefore the need to establish a coordination mechanism between the different funding sources both at EU and national level;
2016/02/22
Committee: LIBE
Amendment 1123 #
Motion for a resolution
Paragraph 96 b (new)
96b. Believes that funding provided for the new 'hotspot' approach, and coordination of returns of those migrants not entitled to international protection, must be monitored. Civil society organisations should not be hindered in reporting on any breaches of fundamental or procedural rights of migrants.
2016/02/22
Committee: LIBE
Amendment 1125 #
Motion for a resolution
Paragraph 97
97. Is of the opinion that such a comprehensive overview of Union funding related to migration, both within and outside the Union must be provided, as the absence of such an overview is a clear obstacle to transparency and sound policymaking; notes, in that regard, that one possible option could be a website comprising a database of all Union funded projects related to migration policyinternal and external migration policies, including those concerning the management of borders; underlines that the need for transparency also extends to budget lines in order to ensure adequate funding for all objectives of Union migration policy;
2016/02/22
Committee: LIBE
Amendment 1129 #
Motion for a resolution
Paragraph 97 a (new)
97a. Recalls that the positive impact of the EU migration funds rely on processes at national and EU level to ensure transparency, effective monitoring and accountability. Consideration should be given as to how to make monitoring and evaluation ongoing processes and not only ex-post processes. The role of the Court of Auditors should be strengthened in that regard. Qualitative and quantitative indicators should be established and be comparable in order to measure the impact of EU funds and help to assess whether those funds achieved their objectives. Quantified data should be systematically collected. The establishment of a strong and independent European Public Prosecutor's Office should help tackle fraud against the EU budget, including in the area of migration. Such reports could also be made publicly available;
2016/02/22
Committee: LIBE
Amendment 1143 #
Motion for a resolution
Paragraph 101 a (new)
101a. Funds used for migration and asylum policies should be exempt from EU deficit rules as provided for in the EU Stability and Growth Pact;
2016/02/22
Committee: LIBE
Amendment 1148 #
Motion for a resolution
Paragraph 103
103. RStressing the crucial role played by NGOs and volunteers in the protection of migrant and asylum seeker's rights, reiterates that civil society involvement in the development of Union actions and national programmes must be ensured, in line with the partnership principle as laid down in AMIF; proposes that, at Union level, thought could be given to regular consultation between the Commission and relevant civil society organisations working on migration, asylum and integration issues;
2016/02/22
Committee: LIBE
Amendment 1194 #
Motion for a resolution
Paragraph 111
111. Takes the view that, in the medium and long run, the Union will need to establish more general rules governing the entry and residence for those third-country nationals seeking employment in the Union to fill the gaps identified in the Union labour market, ensure equality in working conditions and social protection, and address restrictions in current labour migration and work permit schemes that tie workers to unscrupulous employers and result in exploitation and loss of status;
2016/02/22
Committee: LIBE
Amendment 1221 #
Motion for a resolution
Paragraph 115
115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in labour exploitation, in particular in sectors most at risk (agriculture, construction, hotels and restaurants, domestic workers and care services); recommends that in order to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law, including appropriate protection, redress and compensation for victims, and, secondly, to increase labour inspections in at-risk sectors, ensuring effective and accessible complaints mechanisms for workers;
2016/02/22
Committee: LIBE
Amendment 1224 #
Motion for a resolution
Paragraph 115 a (new)
115a. Recalls that the difficulties that irregular migrants may face in having access to justice and enforcing their rights may be counterproductive to the fight against illegal employment;
2016/02/22
Committee: LIBE
Amendment 1225 #
Motion for a resolution
Paragraph 115 b (new)
115b. Recalls that the difficulties that irregular migrants may face in having access to justice and enforcing their rights may be counterproductive to the fight against illegal employment;
2016/02/22
Committee: LIBE
Amendment 1229 #
Motion for a resolution
Paragraph 117
117. Reiterates that special procedures to ensure facilitation of complaints foreseen by Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the "Employers' Sanctions Directive") should be fully implemented and correctly applied in practice; believes that increased protection for those victims of trafficking, and for those smuggled into the Un or labour exploitation , who cooperate and facilitate prosecution of traffickers and/or criminal smugglemployers that exploit workers, is necessary; suggests that, in addition, support should be given for the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2014 Strategy against Trafficking in Human Beings) with the purpose of developing supply chains that do not involve trafficking in human beings;
2016/02/22
Committee: LIBE
Amendment 1241 #
Motion for a resolution
Paragraph 121
121. Believes, moreover, that it is clear that the dDirective should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages, and where future investments will be necessary for a new economic growth of the EU; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing dDirective, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;
2016/02/22
Committee: LIBE