23 Amendments of Frank ENGEL related to 2016/0223(COD)
Amendment 123 #
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised, taking into account the juridical differences between the refugee status and the subsidiary protection status.
Amendment 134 #
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persrefugees and beneficiaries of subsidiary protections in all Member States.
Amendment 186 #
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherentmight form part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority. However, the applicant should collaborate with the determining authority in order to establish whether the conditions for internal protection are satisfied in a part of his/her country of origin.
Amendment 189 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The assessment of the best interests of the child should be the primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors.
Amendment 224 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) In order to avoid abuses, Member States should assess whether the marriage between a beneficiary of international protection and his or her spouse is the result of an authentic relationship.
Amendment 227 #
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.
Amendment 249 #
Proposal for a regulation
Recital 44
Recital 44
(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law. This should be without prejudice of the possibility for the beneficiary of international protection to provide the relevant authority with admissible justifications.
Amendment 254 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In the event that the situation of a beneficiary of international protection or an applicant for international protection fulfil the conditions set out in Art 33(2) of the Geneva Convention, Member States should enjoy the discretion whether to return the person to his/her country of origin, in full respect of the European Charter of Fundamental Rights, in particular Article 4 and Article 19 (2).
Amendment 346 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The determining authority shall consider it the duty of the applicant shallto submit all the elements available to him or her whichs soon as possible all the elements needed to substantiate the application for international protection. He or she shall cooperate with the determining authority andIn cooperation with the applicant, it is the duty of the determining authority to assess the relevant elements of the application. The applicant shall remain present and available throughout the procedure.
Amendment 374 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. When examining an application for international protection the determining authority shall assess whether the applicant has deliberately behaved in a way that would determine his/her persecution in the country of origin, for the sole or main purpose of creating the necessary conditions for applying for international protection.
Amendment 379 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin for the sole and main purpose of being granted international protection.
Amendment 413 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shallmay be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. THowever, the applicant shall not be required to prove that, before seekingcollaborate with the determining authority in order to establish whether the conditions for international protection, he or she has exhausted all possibilities to obtain protection in his or are satisfied in a part of his/her country of origin.
Amendment 421 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal best interests determination procedure. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the individuated area.
Amendment 456 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Points (e) and (f) shall not apply to a refugee who is able to invokedemonstrate the existence of compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 477 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. For the purposes of points (b) and (c) of paragraph 2, the following aspects shall be classified as serious non-political crimesonsidered of particular importance by the determining authority during the individual assessment:
Amendment 480 #
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) particularly cruel actions when the act in question is disproportionate to the alleged political objective,ipation in the activities of a terrorist group even though it is not established that the person concerned committed, attempted to commit or threatened to commit a terrorist act as defined in the resolutions of the United Nations Security Council;
Amendment 485 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective.a conviction by the Courts of a Member State on a charge of participation in the activities of a terrorist group; or
Amendment 487 #
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) membership of the leadership of a terrorist group.
Amendment 502 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 559 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invokedemonstrate the existence of compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 615 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this Chapter that involve minors the best interests of the child shall be athe primary consideration to the relevant authorities.
Amendment 740 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
Amendment 783 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Directive 2003/109/EU
Article 4 paragraph 3 a
Article 4 paragraph 3 a
3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1, unless he or she demonstrates that the reason for the movement was due to circumstances beyond his/her control.