35 Amendments of Marju LAURISTIN related to 2016/0133(COD)
Amendment 162 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not be in the best interests of the childWhen the applicant is a minor who is accompanied by a parent, an adult sibling or another adult responsible for the minor, the legal presence of another parent or adult responsible for him or her in a Member State should also become a binding responsibility criterion. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from thate Member State where the minor will be transferred that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transferon responsibility in accordance with this Regulation concerning an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise. which shall involve, at a minimum, his or her guardian and legal advisor or counsellor
Amendment 183 #
(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 and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 202 #
Proposal for a regulation
Recital 27
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 or she is seeking international protection. Detention should be limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's 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.
Amendment 240 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 309 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is presentthe mother and the father of the applicant or beneficiary of international protection,
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when theif the applicant or beneficiary of international protection is a minor and unmarried, the famother, mothe father or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 327 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the grandparents of the applicant or beneficiary of international protection;
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 b (new)
Article 2 – paragraph 1 – point g – indent 5 b (new)
- the grandchildren of the applicant;
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 433 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation
Amendment 439 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can offer with regard to the tracing of family members, relatives, or other family relations.
Amendment 459 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understandand in an easily understandable form. Specific material should be provided for minors. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose. The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment.
Amendment 467 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, by means of implementing actEuropean Asylum Agency shall, in close cooperation with the responsible national agencies, draw up a common leaflet, as well as a specific leaflet for unaccompanied minors,information materials containing at least the information referred to in paragraph 1 of this Article. Thisat common leafletinformation material shall also include information regarding the application of Regulation (EU) [Proposal for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common leafletinformation material shall include information on Member States for the purposes of the allocation mechanism under Chapter VII, and shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulatione European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 470 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 481 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The personal interview shall take place in a timely manner and, in any event, before any take charge request pursuant to Article 24 is madedecision on the substance is taken.
Amendment 482 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 487 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 492 #
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/ or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 504 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 517 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;
Amendment 518 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 520 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, ton the Member State of allocation, the transf concerrning Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures refean unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her best interests, carried to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to enout by the competent judicial or administrative authorities according to the national law of the Member State. The assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall involve competent staff with expertise in child rights, psychology and development and shall involve, at a minimum, the minor's guardian and legal advisor or counsellor. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the best inMember State restsponsible ofr the minor are taken into considerationMember State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 531 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 3
Article 8 – paragraph new5 – subparagraph 3
The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 545 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In view of the application of the criteria referred to in Articles 10 to 13a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 549 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it isunless it is demonstrated that this is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesinor, the Member State responsible shall be the Member State where the father, mother, grandparent or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 552 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her appliand if no other criteria set out in Chapter III and IV apply, including Articles 19 and 20, the Member State responsible shall be determined by the allocation mechanism set out in Chapter VII, provided that the minor should be always granted the choice among the Member States of possible allocation faccor dinternational protection, unless it is demonstrated that this is not in the best interests of the minorg to Article 36c. Any decision on the Member State responsible should be preceded by a multidisciplinary assessment of the best interests of the minor, including in case of allocation.
Amendment 559 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 564 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family member in a Member State Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin , who is a third country national with a long-term residence permit residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 572 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Family reunification procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 603 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of originbefore the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. When the applicant is affected by a serious disease or inability and it is not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, Member States shall normally keep the applicant on the territory of the Member State in which the applicant is present, if the person concerned expressed his desire in writing.
Amendment 771 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 807 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 869 #
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Amendment 957 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State. In the case of minors, the same applies to relatives or other adults responsible for them.
Amendment 991 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.