BETA

Activities of Nadja HIRSCH related to 2009/0165(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2009/0165(COD)

Shadow reports (1)

2016/11/22
Committee: LIBE
Dossiers: 2009/0165(COD)
Documents: PDF(429 KB) DOC(581 KB)

Amendments (18)

Proposal for a directive
Article 18 – paragraph 2 – point a

(a) provide for free ~~legal assistance~~advice on procedural aspects and the legal situation in procedures in accordance with Chapter III. This shall include, at least, the provision of information on the procedure to the applicant in the light of his/her particular circumstances ~~and explanations of reasons in fact and in law in the case of a negative decision;~~, preparation of the necessary procedural documents, including on the basis of a personal interview, and explanations of reasons in fact and in law in the case of a negative decision. This advice can be delivered by a non-governmental body or by qualified professionals.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2

With respect to the procedures provided for in Chapter V, Member States may choose to only make free legal assistance and/or representation available to applicants insofar as such assistance is necessary to ensure their effective access to justice. Member States shall ensure that legal assistance and/or representation granted pursuant to this paragraph is not arbitrarily restricted, but on the other hand that it is granted only if there is a sufficient prospect of success.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 19 – paragraph 3

3. Member States shall allow the applicant to bring to the personal interview a legal adviser or other counsellor admitted or permitted as such under national law, or a qualified expert.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b

(b) ensure that the representative is given the opportunity to inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself/herself for the personal interview. Member States shall ensure that a representative and/or a legal advisor or other counsellor admitted as such under national law or other qualified professional are present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 21 – paragraph 4

4. Subject to the conditions set out in Article 18, unaccompanied minors ~~shall be gra~~and their appointed fre~~e legal assistance~~presentative shall, with respect to all procedures provided for in this Directive, be granted free legal advice regarding the phases and the legal situation in the procedure. This advice can be delivered by a non-governmental body or by qualified professionals.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1

2. Member States shall ensure that the applicant who reports again to the competent authority after a decision to discontinue as referred to in paragraph 1 of this Article is taken, is entitled to request that his/her case be reopened . Only one such request for a case to be reopened may be submitted during an asylum procedure.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 a (new)

Member States may provide for a time limit after which the applicant’s case can no longer be re-opened. The time allowed in each case shall be at least one year.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 32 – paragraph 1

1. Member States may apply the safe third country concept only where the competent authorities are satisfied that a person seeking international protection will be treated in accordance with the following principles in the third country concerned: a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion; b) there is no risk of serious harm as defined in [Directive …./../EC] [the Qualification Directive]; c) the principle of non-refoulement in accordance with the Geneva Convention is respected; d) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected; and e) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.deleted

2011/01/24
Committee: LIBE

Proposal for a directive
Article 32 – paragraph 2

2. The application of the safe third country concept shall be subject to rules laid down in national legislation, including: (a) rules requiring a connection between the person seeking international protection and the third country concerned on the basis of which it would be reasonable for that person to go to that country; (b) rules on the methodology by which the competent authorities satisfy themselves that the safe third country concept may be applied to a particular country or to a particular applicant. Such methodology shall include case-by-case consideration of the safety of the country for a particular applicant and/or national designation of countries considered to be generally safe; (c) rules in accordance with international law, allowing an individual examination of whether the third country concerned is safe for a particular applicant which, as a minimum, shall permit the applicant to challenge the application of the safe third country concept on the grounds that the third country is not safe in his/her particular circumstances. The applicant shall also be allowed to challenge the existence of a connection between him/her and the third country in accordance with point (a) .deleted

2011/01/24
Committee: LIBE

Proposal for a directive
Article 32 – paragraph 3

3. When implementing a decision solely based on this Article, Member States shall: (a) inform the applicant accordingly; and (b) provide him/her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.deleted

2011/01/24
Committee: LIBE

Proposal for a directive
Article 32 – paragraph 4

4. Where the third country does not permit the applicant for international protection to enter its territory, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II.deleted

2011/01/24
Committee: LIBE

Proposal for a directive
Article 32 – paragraph 5

~~5. Member States shall inform the Commission periodically of the countries to which this concept is applied in accordance with the provisions of this Article.~~deleted

2011/01/24
Committee: LIBE

Proposal for a directive
Article 33

National designation of third countries as safe countries of origin 1. Member States may retain or introduce legislation that allows, in accordance with Annex II, for the national designation of safe countries of origin for the purposes of examining applications for international protection. . 2. Member States shall ensure a regular review of the situation in third countries designated as safe in accordance with this Article. 3. The assessment of whether a country is a safe country of origin in accordance with this Article shall be based on a range of sources of information, including in particular information from other Member States, the European Asylum Support Office, the UNHCR, the Council of Europe and other relevant international organisations. 4. Member States shall notify to the Commission the countries that are designated as safe countries of origin in accordance with this Article.deleted

2011/01/24
Committee: LIBE

Proposal for a directive
Article 34

The safe country of origin concept 1. A third country designated as a safe country of origin in accordance with this Directive may, after an individual examination of the application, be considered as a safe country of origin for a particular applicant only if: (a) he/she has the nationality of that country; (b) he/she is a stateless person and was formerly habitually resident in that country; (c) and he/she has not submitted any serious grounds for considering the country not to be a safe country of origin in his/her particular circumstances and in terms of his/her qualification as a refugee or a person eligible for subsidiary protection in accordance with [Directive …./../EC] [the Qualification Directive] . 2. Member States shall lay down in national legislation further rules and modalities for the application of the safe country of origin concept.deleted

2011/01/24
Committee: LIBE

Proposal for a directive
Article 38 – paragraph 2 – point c a (new)

(ca) it has been so designated by the Council in accordance with paragraph 3.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 38 – paragraph 2 a (new)

2a. The Council shall, acting by qualified majority on a proposal from the Commission and after consultation of the European Parliament, adopt or amend a common list of third countries that shall be regarded as safe third countries for the purposes of paragraph 1.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 38 – paragraph 5 a (new)

5a. Member States which have designated third countries as safe countries in accordance with national legislation in force on 1 December 2005 and on the basis of the criteria in paragraph 2(a), (b) and (c), may apply paragraph 1 to these third countries until the Council has adopted the common list pursuant to paragraph 3.

2011/01/24
Committee: LIBE

Proposal for a directive
Article 46 – subparagraph 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 27(3) by [32 years from the date of the transposition]. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

2011/01/24
Committee: LIBE