BETA

19 Amendments of Lorenzo FONTANA related to 2016/0133(COD)

Lorenzo FONTANA

Proposal for a regulation
Recital 1 a (new)

(1a) It should be reiterated that the much-celebrated European solidarity, articulated through the mechanism of asylum based on the Dublin rules and the corrective measures put in place in recent years (the relocation measures are an excellent example), has been a huge failure. If the Member States decide for legitimate reasons not to implement or honour fully and effectively a plan for sharing out the responsibilities and burdens associated with asylum, we must bravely acknowledge that the EU’s migration policy has failed. As a result, migration policy should no longer be set in Brussels and should therefore return to being under the exclusive jurisdiction of the individual Member States.

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 2

(2) An effective common policy on asylum, including a Common European Asylum System (CEAS), iscan be a constituent part of the European Union’s objective of progressively establishing an area of freedom, security and justice open to those who~~, forced by circumstances, legitimately seek protection~~ seek asylum in the Union.

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 3

(3) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing the CEAS, based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that nobody is sent back to persecution, i.e. maintaining the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respecting the principle of non- refoulement, are considered as safe countries for third-country nationals.deleted

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 6

(6) The first phase in the creation of a CEAS that should lead, in the longer term, to a common procedure and a uniform status, valid throughout the Union, for those granted international protection, has now been completed. The European Council of 4 November 2004 adopted The Hague Programme which set the objectives to be implemented in the area of freedom, security and justice in the period 2005-2010. In this respect, The Hague Programme invited the European Commission to conclude the evaluation of the first-phase legal instruments and to submit the second-phase instruments and measures to the European Parliament and to the Council with a view to their adoption before 2010.deleted

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 22

(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant (such as repatriation) and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 23

(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection ~~unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible~~. As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 27

(27) The detention of applicants should be applied in accordance with the underlying principle that a person ~~should not be held in detention for the sole reason that he~~who applies for the right of asylum and has illegally entered the territory of a Member State may be held in detention until a decision is reached with regard to his or she ~~is seeking~~r request for international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality. In particular, the detention of applicants must ~~be in accordance with Article 31 of the Geneva Convention~~honour their fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 28

(28) Deficiencies in, or the collapse of, asylum systems, often aggravated or contributed to by particular pressures on them, can jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of a violation of the rights of applicants as set out in the Union asylum acquis and the Charter of Fundamental Rights of the European Union, other international human rights and refugee rights.deleted

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 31

(31) In accordance with Article 80 of the Treaty, Union acts ~~should~~must, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism ~~should~~must be established ~~in order to ensure~~through which the guaranteeing and upholding of a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulationis effective and efficient.

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Recital 37

(37) The ~~progressive~~ creation of an area without internal frontiers in which free movement of persons is guaranteed in accordance with the TFEU and the establishment of Union policies regarding the conditions of entry and stay of third- country nationals, including common efforts towards the management of external borders, makes it necessary to strike a balance between responsibility criteria in a spirit of solidaritybut without adequate and serious checks at external borders has caused the enormous inconveniences which we are currently living with in Europe.

2017/04/04
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 3 – paragraph 1

1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border, in third countries or in the transit zones. The application shall be examined by a single Member State, which shall be the one ~~which the criteria set out in Chapter III indicate i~~identified as responsible.

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1

Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining it.deleted

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.deleted

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 4 – paragraph 1

1. Where a person who intends to make an application for international protection has entered irregularly into the territory of the Member States, the application shall be made in the Member State of that first entry. Where a person who intends to make an application for international protection is legally present in a Member State, the application shall be made in that Member State. If the application is refused the Member State should repatriate the irregular migrant.

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 4 – paragraph 2

2. The applicant ~~shall~~must submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States.

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 5 – paragraph 1

1. If an applicant does not comply with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation ~~shall examine the~~may suspend the asylum application in an ~~accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU~~d carry out repatriation.

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 5 – paragraph 2

2. ~~The Member State in which the applicant is obliged to be present shall continue the procedures for determining the Member State responsible even when~~If the applicant leaves the territory of that Member State without authorisation or is otherwise not available for the competent authorities of that Member State he or she must be considered an irregular migrant and, when found, must be repatriated.

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 7 – paragraph 1

1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant~~, unless the applicant has absconded or the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible~~. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 6.

2017/04/25
Committee: LIBE

Lorenzo FONTANA

Proposal for a regulation
Article 29 – paragraph 1

31. Member States may hold a person in detention to establish his or her right to asylum.

2017/04/04
Committee: LIBE