Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | LIBE | CACCAVALE Ernesto (FE) |
Legal Basis RoP 101
Activites
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1995/10/16
Final act published in Official Journal
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1995/09/22
Decision by Parliament, 1st reading/single reading
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T4-0427/1995
summary
Parliament adopted the report by Mr CACCAVALE (FE, I), which in its first part protests against the form of consultation to which Parliament was subjected within the framework of the text. The latter should be regarded as a document in the sense of Article K6 of the Treaty on European Union, which stipulates that Parliament must be consulted on the main aspects of activities coming under the Third Pillar of the Union (cooperation on justice and internal affairs). The Council should, in addition, ensure that Parliament's opinions were duly taken into consideration, something which could not be the case here given the form of consultation employed. Parliament recalled, in the general aspects of the resolution, that the Commission had the political obligation not to let the Member States or the Presidency of the Council have the initiative in this area and called on that institution to be more active in proposing forms of wording which were binding in nature. Parliament also made a number of amendments to the specific aspects of the resolution, as follows: - extension of the categories of persons to which the resolution is not applicable: . third-country nationals admitted to the Community for the purpose of working as self-employed persons or as salaried employees, . refugees as defined under the Geneva Convention and national legislation, . third-country nationals who are legally resident in a Member State and who enjoy certain rights (particularly rights of access) in accordance with bilateral or association agreements; - students must be able to prove their student status on the basis of criteria which cannot be different from those which apply to students from the home country. They must also be entitled to contribute to the financing of their studies in the same way as "national" students (for example, by way of supplementary short-term work); - the rules governing the return of students to their country of origin must be made more transparent; - a sixth principle should be added, by which the resolution cannot result in any restriction to the rights of third-country nationals in these specific cases, under the provision of Community law; - the period of validity of the resolution should be limited as far as possible; - it is mainly the responsibility of the academic authorities to recognize the validity of students' qualifications, which will enable them to continue their studies; - the conditions for the admission of third-country nationals, who wish to study in the Community, should be clarified. In the final part of its resolution, Parliament called for an amended version of the text to be presented to the Council, either by the Commission or by the Presidency, and for it to be published in the Official Journal after the Council had given appropriate consideration to the proposed amendments. �
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T4-0427/1995
summary
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1995/09/20
Debate in Parliament
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1995/07/17
Vote in committee, 1st reading/single reading
- A4-0181/1995
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1995/01/20
Committee referral announced in Parliament, 1st reading/single reading
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1994/11/30
Non-legislative basic document published
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10880/1994
summary
In this resolution, the Council defines principles which will allow the Member States to harmonise their conditions of admission to third country nationals for the purpose of study: - scope: these principles: . apply to third country students studying in a Member State of the Community or preparing a dissertation for a Ph. D. or thesis as part of a training course, . do not apply to persons with the right of freedom of movement under Community law (nationals of the EC and the EEA and members of their families) or to nationals authorised to reside in the Community in order to reunite families, . do not apply to primary or secondary school pupils or apprentices. - conditions of admission: the national must prove to the authorities in the Member State that: . he satisfies the conditions of entry to and residency in the territory of the Member State, . he has a firm offer of a place in a higher education institute (and, where applicable, that his studies follow on from previous studies in the country of origin), . he has sufficient funds to cover his daily expenses and will not become a burden on the host state, . if national legislation so requires, he has medical insurance which covers all risks in the host state. A Member State may also demand that the student give an assurance that he will in fact return to his own country on completion of his studies; - resident's permit: residency is limited to the length of the course. Permits are issued for one year (maximum) and may be extended from one year to the next in order to cover the entire course. Permits will only be extended if the student continues to meet all the basic entry requirements and proves that he has passed the examinations set by the institute in question. Any change of course also implies a change to the grounds for residency (and hence the need to issue a new resident's permit). This permit must be stamped in the student's passport; - work permit: in theory, students are not allowed to engage in paid work but the Member State may allow supplementary short-term work which does not constitute an essential means of subsistence for the student; - admission of family members: this is subject to national law (as is the spouse's right to work). These principles are not legally binding on the Member States but they should make an effort to bring their legislation into line with them by 1 January 1996. If Member States decide to amend their legislation in this area, these principles must be complied with.�
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10880/1994
summary
Documents
- Non-legislative basic document published: 10880/1994
- Committee report tabled for plenary, single reading: A4-0181/1995
- Decision by Parliament, 1st reading/single reading: T4-0427/1995
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