23 Amendments of Cornelia ERNST related to 2016/0223(COD)
Amendment 166 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account family diversity and new types of family, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed both outside the country of origin, but before and families formed after their arrival on the territory of the Member State, excluding, in all cases, forced marriages. The notion of spouse and unmarried partner should not distinguish the spouses or such partners on the basis of their gender.
Amendment 199 #
Proposal for a regulation
Recital 28
Recital 28
(28) It is equally necessary to introduce a common concept of the persecution ground ‘'membership of a particular social group’'. For the purposes of defining a particular social group, issues arising from an applicant’'s gender, including gender identity, gender expression, sex characteristics and sexual orientation, which may be related to trafficking for sexual exploitation, certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’'s well-founded fear of persecution.
Amendment 200 #
Proposal for a regulation
Recital 29
Recital 29
(29) In accordance with relevant case law of the Court of Justice of the European Union and the European Court of Human Rights, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter and the ECHR, in particular the right to human dignity and the respect for private and family life. Specifically as regards homosexual orientation and gender identity, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning homosexuals orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices. Moreover, the competent national authorities should not find that the statements of the applicant lack credibility on the ground that the applicant did not rely on his or her sexual orientation, gender identity, gender expression or sex characteristics when he or she first set out the details of his or her persecution.
Amendment 402 #
Proposal for a regulation
Article 8
Article 8
Amendment 444 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
depending on the circumstances in the country of origin, the concept mightshall include a group based on a common characteristic of sexual orientation (a term which cannot be understood to include acts considered to be criminal in accordance with national law of the Member States); gender related aspects, including gender identity,and gender related aspects and/or having undergone or risking sexual trafficking for sexual exploitation, including gender identity, gender expression and sex characteristics. Those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group;
Amendment 521 #
Proposal for a regulation
Article 15
Article 15
Amendment 592 #
Proposal for a regulation
Article 21
Article 21
Amendment 649 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. NAs soon as possible, and in any event no later than 3015 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002.
Amendment 654 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permitThe residence permit for beneficiaries of international protection shall have a period of validity of threat least five years and be renewable thereafter for periods of threfive years.
Amendment 660 #
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable than those laid down by this Regulation, following Article 13 of Council Directive 2003/109/EC.
Amendment 662 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 669 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 670 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 676 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Even without his or her residence permit, the person concerned remains a beneficiary of international protection and as such remains entitled to the benefits guaranteed by Chapter VII [Content of International Protection ] to every international protection beneficiary, including protection from refoulement, maintenance of family unity, the right to travel documents, access to employment, education, social welfare, healthcare and accommodation, freedom of movement within the Member State and access to integration facilities
Amendment 678 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 684 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445 . Those travel documents shall be valid for at least onfive years. _________________ 45 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1)
Amendment 686 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least onfive years.
Amendment 689 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 691 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. Directive 2003/86/EC shall apply to the family members of persons with subsidiary protection, on the same basis as that Directive applies to the family members of refugees
Amendment 692 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted international protection, including the right to choose their place of residence in that territory, under the same conditions and restrictions as those provided for other third-country nationals legally resident in their territories who are in a comparable situation.
Amendment 693 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 696 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 700 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2