157 Amendments of Barbara SPINELLI related to 2018/0329(COD)
Amendment 121 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
Amendment 122 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common standards and procedures in Member States for returning illegalrregularly staying third-country nationals (recast) A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 124 #
Proposal for a directive
Recital 2
Recital 2
(2) An effective and fair return policy is an essential part dignified, humane, rights-based, policy should be the basis of the Union's approach to better manage migration in all aspects, as reflected in the European Agenda on Migration of May 201511 . __________________ 11 COM(2015) 285 final.
Amendment 126 #
Proposal for a directive
Recital 3
Recital 3
Amendment 128 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) On 19 December 2018, the United Nations General Assembly endorsed the UN Global Compact on Migration. States committed in this text to ensure that any detention in the context of international migration follows due process, is non- arbitrary, based on law, necessity, proportionality and individual assessments, is carried out by authorized officials, and for the shortest possible period of time, irrespective of whether detention occurs at the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the detention occurs. They also committed to prioritize non-custodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants, using detention as a measure of last resort only.
Amendment 132 #
Proposal for a directive
Recital 4
Recital 4
(4) That EuropeanMember states should not be obliged to adopt and implement a return policy. If a Member State chooses to do so, its return policy should be only voluntary and based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migrati, protection of the rights of the child, protection of persons in a vulnerable situation, protection of stateless persons and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration systemother human rights obligations. Clear, transparent, rights- based and fair rules need to be established.
Amendment 135 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should ensure that the ending of illegal stay of third-country nationals is carried out through a, when a third country national is found to be staying irregularly, a procedure should be established to check whether his or her stay could be regularised based on his or her existing ties to the Member State through a rights-based, fair and transparent procedure. According to general principles of EU law, decisions taken under this Directive should be adopted on a case-by- case basis and based on objective criteria, implying that consideration should go beyond the mere fact of an illegal stay. When using standard forms for decisions related to return, namely return decisions and, if issued, entry-ban decisions and decisions on removal, Member States should respect that principle and fully comply with all applicable provisions of this Directive.
Amendment 138 #
Proposal for a directive
Recital 7
Recital 7
Amendment 146 #
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegally staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulementimperative that Member States have asylum systems in place which fully respect international human rights law and international refugee law, the principle of non- refoulement as well as migration policies that abide by applicable international standards on migration and the protection of migrant workers.
Amendment 149 #
Proposal for a directive
Recital 10
Recital 10
(10) In accordance with Council Directive 2005/85/EC12 , a third-country national who has applied for asylum in a Member State should not be regarded as staying illegalrregularly on the territory of that Member State until a negative decision on the application, or a decision ending his or her right of stay as asylum seeker has entered into force. Victims of trafficking in human beings who are in the process of being granted a residence permit pursuant to Council Directive 2004/81/EC should not be regarded as staying irregularly on the territory of that Member State until a final decision on the issuance of the residence permit is taken by the competent authority. __________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 152 #
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for grantingvoluntary departure, Union-wide provisions aimed at periodroviding for the opportunity for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be baavoiding recourse to detention should be established. Moreover this Directive should oblige Member States to sedt on Union- wide objective criteria. Moreover this Directive should set out specific criteria which establish a grut an exhaustive list of specific and objective criteria in their national law, in line with guidelines to be set up by the European Union Agency for Fundamental Rights, that wounld for a rebuttable presumption that a risk of absconding exists. guarantee that the return has been carried out voluntarily, including absence of any physical, psychological, or material pressure following an examination of the individual circumstances of the third-country national concerned.
Amendment 162 #
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities forIt is necessary to ensure that third- country nationals should be established, are provided with all relevandt in particular the obligation to cooperate with the authorities at all stages of the return procedure, including by providing the information and elements that are necessary in order to assess their individual situation. At the same time, it is necessary to ensure thatformation on the return procedure in a language they understand so that they can engage with the return procedure. In particular, Member States should have the obligation to provide timely and adequate information to third- country nationals are informed of the consequenon the process of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention, and to thereturn including in relation to the different stages of the return procedure, the granting of a period for voluntary departure, determination and consequences of absconding, the possibility to impose detention, available remedies, possible applicability of entry bans and access to programmes providing legal, logistical, financial and other material or in-kind assistance.
Amendment 169 #
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose ofIf a Member State chooses to implement a return procedureolicy, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. Asix months should be granted. Member States should be able to decide not to grant a period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose a risk to public policy,genuine, present and evidence- based risk to public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case, including to children to finish their studies, to pregnant women to give birth to their children, to victims of trafficking waiting for justice while their case is pending and to ill persons with healthcare needs.
Amendment 171 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for case management, enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council. Voluntary return, assisted voluntary return and reintegration programmes are essential pillars of a Union migration policy and allow migrants to return in a humane, dignified and rights-based manner. Voluntary return should be allowed at all stages of the procedure.
Amendment 173 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In accordance with Directive 2009/52/EC of the European Parliament and of the Council, Member States should ensure that there are effective mechanisms through which third-country nationals can lodge complaints against their employers. In accordance with Directive 2012/29/EU of the European Parliament and of the Council, Member States should ensure that all victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings. To this end, adequate mechanisms ensuring portable justice and access to redress mechanisms should be established as part of the national programmes on return and should ensure access to justice for issues relating to violations of Directive 2009/52/EC or Directive 2012/29/EU throughout the return procedure, including measures to ensure access to justice after return to a third country.
Amendment 174 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should ensure that a vulnerability assessment is carried out for persons facing return procedures. Factors increasing the risk of vulnerability may include, among others: individual factors such as age, sex and gender, status in society, beliefs and attitudes, emotional, psychological and cognitive characteristics and physical and mental well-being; household and family factors; community factors; structural factors or situational factors.
Amendment 177 #
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding five days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 184 #
Proposal for a directive
Recital 17
Recital 17
Amendment 190 #
Proposal for a directive
Recital 18
Recital 18
(18) An appeal againstThe effect of a return decision should have anbe automatically suspensive effect only in cases where there is a risk of breach of the principle of non- refoulementded during the period for lodging the appeal against such decision at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal and until the decision on the appeal has been notified to the applicant, in particular in cases where there is a risk of breach of the principle of non- refoulement. An appeal against a return decision should have an automatic suspensive effect including when there are cases pending before a criminal court, in order to ensure access to justice for both victims and suspects.
Amendment 199 #
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases where the principle of non-refoulement is at stake and for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decisio. Such decisions should be taken without undue delay.
Amendment 201 #
Proposal for a directive
Recital 20
Recital 20
Amendment 208 #
Proposal for a directive
Recital 21
Recital 21
(21) The necessary lLegal aid should be made available , upon requestfree of charge, to those who lack sufficient resources. National legislation should establish a list of instanthe modalities in order to access where legal aid is to be considered necessary.
Amendment 209 #
Proposal for a directive
Recital 22
Recital 22
(22) The situation of third-country nationals who are staying illegally but who cannot yet be removed should be addressed. Their basicrregularly should be addressed in any event. Their adequate and dignified conditions of subsistence should be defined according to national legislation while Member States should look into the possibility to regularise them based on their existing ties to the Member State. In order to be able to demonstrate their specific situation in the event of administrative controls or checks, such persons should be provided with written confirmation of their situation. Member States should enjoy wide discretion concerning the form and format of the written confirmation and should also be able to include it in decisions related to return adopted under this Directive.
Amendment 211 #
Proposal for a directive
Recital 23
Recital 23
(23) The use of coercive measures should be expressly subject to the principles of proportionality and effectiveness with regard to the means used and objectives pursued. Minimum safeguards for the conduct of forced return should be established, taking into account Council Decision 2004/573/EC13. Member States should be able to rely on various possibilities to monitor forced return. __________________ 13 Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third- country nationals who are subjects of individual removal orders (OJ L 261, 6.8.2004, p. 28)banned. If Member States adopt such measures, they should be expressly subject to the principles of proportionality and necessity.
Amendment 212 #
Proposal for a directive
Recital 24
Recital 24
Amendment 215 #
Proposal for a directive
Recital 25
Recital 25
(25) When an illegally staying third- country national is detected during exit checks at the external borders, it may be appropriate to impose an entry ban in order to prevent future re-entry and therefore to reduce the risks of illegal immigration. When justified, following an individual assessment and in application of the principle of proportionality, an entry ban may be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third- country national concernedEntry bans should never be imposed for the sole reason of the irregular stay of the person.
Amendment 220 #
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be subject to the principle of proportionality with regard to the means used and objectives pursued. DDeprivation of liberty should be avoided and in any case never be applied in closed spaces. If a Member State chooses to implement a return policy, alternatives to detention, is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficin particular non-custodial, engagement-based models in the community, should always be implemented.
Amendment 221 #
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where theIn order to guarantee that Member States choosing to implement a return policy abide by fundamental rights safeguards, this Directive should oblige these Member States to provide for alternatives to detention and set out exhaustive and rights-based grounds for the exceptional detention of a third- country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security. s part of a return procedure and systematically exclude detention in closed spaces. Detention should never be imposed on vulnerable persons. As detention has a particularly detrimental physical and psychological impact on children, whether unaccompanied or separated or with their families, they should not be detained nor should their parents and customary primary caregivers accompanying the children. Detention is never in the best interests of the child.
Amendment 228 #
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum pecould be ordered by an administrative or a judicial authority and could only be justified when there is an evidence-based risk of absconding following an individual assessment, periodic judicial reviews of the necessity and proportionality of the detention of a third-country national in each individual case should be carrioed of detention between three and six months, which may be prolonged, should be established in order to provide for sufficient timeut by a judicial authority within a reasonable time. The maximum detention period should be two weeks, which may be prolonged, no more than one time, for a further period of up to two weeks, should this prove necessary and proportionate in order to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionaterights-based and not arbitrary and for as long as removal arrangements are in progress.
Amendment 235 #
Proposal for a directive
Recital 30
Recital 30
Amendment 239 #
Proposal for a directive
Recital 31
Recital 31
(31) Third-country nationals in detention should be treated in a humane and dignified manner with respect for their fundamental rights and in compliance with international and national law. Without prejudice to the initial apprehension by law-enforcement authorities, regulated by national legislation, detention should, as a rule, take place in specialised detention facilitiesthird-country nationals who are found to be in an irregular situation should, as a rule, be hosted in an open reception facility while Member States are looking into the possibility to regularise their situation based on their existing ties to the Member State.
Amendment 240 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
Amendment 241 #
Proposal for a directive
Recital 31 b (new)
Recital 31 b (new)
(31b) An independent and qualified guardian with the necessary expertise and training to ensure that the best interests of the child are fully taken into consideration should be appointed to assist unaccompanied and separated children. To that end, the guardian should be involved in the procedure to find a durable solution for the child in his or her best interests.
Amendment 243 #
Proposal for a directive
Recital 32
Recital 32
Amendment 248 #
Proposal for a directive
Recital 33
Recital 33
Amendment 254 #
Proposal for a directive
Recital 34
Recital 34
Amendment 261 #
Proposal for a directive
Recital 35
Recital 35
Amendment 264 #
Proposal for a directive
Recital 36
Recital 36
Amendment 268 #
Proposal for a directive
Recital 37
Recital 37
Amendment 269 #
Proposal for a directive
Recital 38
Recital 38
Amendment 272 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) When, following a best interest assessment, it is established that return would be in a minor’s best interest, Member States should ensure that specific safeguards are in place for separated or unaccompanied children returning to a third country. Where family has been traced, Member States should ensure that child-protection actors assess, through appropriate case-management, whether family reunification is in the child’s best interest, whether the family is willing and able to receive the child and provide suitable immediate care, and take into account both the child’s and the family’s views on reunification. Family tracing should only be done by qualified actors and following a best interest’s assessment to ensure restoring contact would not be contrary to a child’s best interest. Where tracing is unsuccessful or where family reunification is found not to be in the child’s best interest, return should not occur.
Amendment 274 #
Proposal for a directive
Recital 40
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective and fundamental rights compliant implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management. Such support should be used in particular for establishing appropriate case management programmes, protection for persons invulnerable situations, including measures to ensure effective protection of children in migration as well as of pregnant women and victims of trafficking, provision of information, legal aid and interpretation, development and implementation of effective non- custodial engagement-based alternatives to detention, effective forced return monitoring systems, and programmes for providing logistical, financial and other material or in-kind assistance to support the return – and where relevant the reintegration – of illegalrregularly staying third- country nationals.
Amendment 278 #
Proposal for a directive
Recital 41
Recital 41
(41) Since the objective of this Directive, namely to establish commonrights-based rules concerning return, and removal, use of coercive measures, detention and entry bans, cannot be sufficiently achieved by all the Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union . In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary and proportionate to achieve that objective.
Amendment 279 #
Proposal for a directive
Recital 44
Recital 44
(44) Application of this Directive is without prejudice to the obligations resulting from the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, from the 1954 United Nations Convention Relating to the Status of Stateless Persons and from the 1989 United Nations Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Amendment 280 #
Proposal for a directive
Recital 45
Recital 45
(45) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.
Amendment 281 #
Proposal for a directive
Recital 46
Recital 46
Amendment 286 #
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18, or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to concludeand have often not concluded a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such, should include binding and enforceable data protection assurances by those third countries. In the situation where such agreements do not exist, personal data should not be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680to authorities of third countries. __________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1). 19Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
Amendment 287 #
Proposal for a directive
Recital 54
Recital 54
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive sets out common standards and procedures to be applied in Member States which choose to implement a policy for returning illegalrregularly staying third- country nationals, in accorder to ensure its compliance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations.
Amendment 291 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 292 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) are subject to return as a criminal law sanction or as a consequence of a criminal law sanction as a result of a serious crime, according to national law, or who are the subject of extradition procedures., provided the rights of the returnee, included the right to fair trial, have been guaranteed;
Amendment 294 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘return’ means the process of a third-country national going back — whether in voluntary compliance with an obligation to return, or enforced — to: his or her country of origin.
Amendment 295 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a
Article 3 – paragraph 1 – point 3 – point a
Amendment 297 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
Amendment 299 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
Amendment 303 #
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘risk of absconding’ means the proven existence of reasons in an individual case which are based on specific and objective criteria strictly defined by law to believe that a third- country national who is the subject of return procedures may abscond;
Amendment 304 #
Proposal for a directive
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
8a. ‘voluntary return’ means compliance with the obligation to return at any stage of the return procedure, as a consequence of an informed decision, taken freely by the person concerned in the absence of any physical, psychological, or material pressure to return voluntarily or to enrol in an Assisted Voluntary Return and Reintegration programme;
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘persons in a vulnerable perssituations’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, singlpersons facing a diminished capacity to resist, cope with, or recover from violence, exploitation, abuse or violations of their rights due to the parents with minor children and persons who have been subjected to torture, rape or other serious fsence of factors and circumstances at the individual, community, household, structural and/or situational level that increase the risk of, and exposure to, such violence, exploitation, abuse, or rights violations or due to the absence of factorms of psychological, physical or sexual violencethat protect against such violence, exploitation, abuse and rights violations.
Amendment 309 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 315 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) the special needs of disabled people, elderly people, pregnant women, victims of trafficking in human beings, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation.
Amendment 316 #
Proposal for a directive
Article 6
Article 6
Amendment 319 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 363 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 373 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 376 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on nform third- country nationals in the obligation to cooperate with the competent authorities of the Member States at allprocess of return, in a language which they understand, in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the stages of the return procedures. That obligatione information provided shall include the following in particular:
Amendment 381 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the duty to provide all the elements that are necessary for establishing or verifying identityan overview and explanation of the different stages of the return procedure;
Amendment 382 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 389 #
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) knowledge of consequences of not complying with an obligation to return following a return decision;
Amendment 390 #
Proposal for a directive
Article 7 – paragraph 1 – point c b (new)
Article 7 – paragraph 1 – point c b (new)
(cb) knowledge of the time-frame of the procedure, including any time limits which the competent authorities are required to respect, including the time limits for detention;
Amendment 393 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 395 #
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) a clear overview of the rights and obligations during the procedure, including the right to an effective remedy to appeal against or seek review of decisions related to return or detention as referred to in Articles 15 and 18 and the right to free legal assistance and interpretation;
Amendment 396 #
Proposal for a directive
Article 7 – paragraph 1 – point d b (new)
Article 7 – paragraph 1 – point d b (new)
Amendment 397 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 401 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 404 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. All the information referred to in paragraph 1 shall be provided in good time to enable the third-country national to exercise the rights guaranteed under this Directive. The information shall be provided both orally and in writing. In the case of minors, information shall be provided in a child-friendly manner by staff appropriately trained also in Union and international human rights law, as well as Union and international refugee law, and with the involvement of the family members or of the guardian.
Amendment 406 #
Proposal for a directive
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall make available generalised information sheets explaining the main elements of the return procedure, imparted both orally and in writing.
Amendment 407 #
Proposal for a directive
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Member States shall make available to the third-country national the assistance of a case-worker to assist him or her during the procedure in line with Article 14.
Amendment 408 #
Proposal for a directive
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
3d. Member States shall provide third- country nationals in the process of return with the opportunity to communicate with the International Organisation for Migration (IOM) and with the contact details of organisations providing legal advice or counselling. Legal advice and counselling shall be provided systematically and in all stages of the procedure, included as legal remedies are concerned.
Amendment 409 #
Proposal for a directive
Article 7 – paragraph 3 e (new)
Article 7 – paragraph 3 e (new)
3e. Member States shall provide third- country nationals in the process of return, access to health care and all other social services they need.
Amendment 410 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7 a The right to be heard Before the adoption of a return decision, the right to be heard shall be granted to the third country national, in particular to consider: a) the regular or irregular stay of the third-country national; b) all circumstances affecting the obligation to issue a return decision under article 8 paragraph 2, 3, 4, 5; c) personal and family situation; d) the willingness to voluntary departure pursuant the article 9; e) any other relevant detail in order to avoid the violation of fundamental rights, in particular the principle of non- refoulement, the right to respect for family life, as well as the best interest of the child.
Amendment 412 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall, before issueing a return decision to any third-country national staying illegalrregularly on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5, always check if the status of the person could be regularised based on his or her existing ties to the Member State.
Amendment 414 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 418 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may at any moment decide toshall always examine whether the person could be granted an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian, rights- based or other reasons to a third- country national staying illegalrregularly on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 423 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 429 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
This Directive shall not prevent Member States from adopting a return decision together with a decision ending a legal stay of a third-country national, a decision on a removal and/or entry ban in a single administraaffect, under any circumstances, the rights enshrined in Article 47 of the Charter of fundamental right of the European Union by reducing the levels of and accessibility to effective or judicial decision or act as provided for in their national legislationremedies compared to those available, under national law, to their own citizens.
Amendment 431 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 3
Article 8 – paragraph 6 – subparagraph 3
Amendment 432 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty daysix months, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application.
Amendment 440 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Amendment 441 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Amendment 444 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall, where necessary, extend the period for voluntary departure by an appropriate period, taking into account the specific circumstances of the individual case, such as the length of stay, the existence of children attending school and, the existence of other family and social links, illness and hospitalization.
Amendment 446 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Certain obligations aimed at avoiding the risk of absconding, such as regular reporting to the authorities, deposit of an adequate financial guarantee that is sustainable for the third-country national, submission of documents or the obligation to stay at a certain place may be imposed for the duration of the period for voluntary departure.
Amendment 447 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 465 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States may decide not to grant a period for voluntary departure where the third-country national concerned poses a genuine and present risk to public security or national security.
Amendment 467 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 470 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 471 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If a Member State has granted a period for voluntary departure in accordance with Article 9, the return decision may be enforced only after the period has expired, unless a risk as referred to in Article 9(4a) arises during that period.
Amendment 472 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where Member States use — as a last resort —shall never use coercive measures to carry out the removal of a third-country national who resists removal, such measures shall be proportionate and shall not exceed reasonable force. They shall be implemented as provided for in national legislation in accordance with. Member states shall always abide by fundamental rights and with due respect for the dignity and physical integrity of the third-country national concerned.
Amendment 473 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 474 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall provide for an effective festablish independent bodies with the aim of monitoring returns. Member States shall ensure that all return operations are duly monitorced-return monitoring system by independent return monitors, adequately trained on Union and international fundamental rights and refugee law.
Amendment 475 #
Proposal for a directive
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
Amendment 478 #
Proposal for a directive
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(ba) the third-country national’s participation in ongoing criminal or administrative proceedings as victims, suspects or witnesses, in particular in relation to Directive2009/52/EC, Directive 2011/36/EU of the European Parliament and of the Council, and Directive 2012/29/EU.
Amendment 480 #
Proposal for a directive
Article 12 – title
Article 12 – title
Return and removal of unaccompanied minors
Amendment 481 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, aAs soon as possible after the minor’s identification and in any case before deciding to issue a return decision in respect of the minor, Member States shall carry out a best interests assessment, to identify whether return is in the child’s best interest whether he or she is within a family or is an unaccompanied or separated child. In cases where return is identified as serving the child’s best interests, specific and appropriate implementation measures shall be put in place. Assistance by appropriate bodies other than the authorities enforcing return, included trained care givers as well as legal and linguistic assistance shall be granted with due consideration being given to the best interests of the child.
Amendment 486 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removturning an unaccompanied or separated minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of returnnd provide for appropriate transfer of care and custodial arrangements that are adequate and appropriate for the individual minor, his/her parents and his/her customary primary caregiver.
Amendment 487 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall provide minors and families with documentation indicating that they are in an ongoing return procedure and that both of them, including legal or customary primary caregivers, shall not be subject to detention.
Amendment 489 #
Proposal for a directive
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2b. Member States shall ensure that an independent and qualified guardian with the necessary expertise and training who could ensure that the best interests of the child are taken into consideration is appointed to assist unaccompanied and separated children. To that end, the guardian shall be involved in the procedure to ensure that returns solely occur for the child if it is in his or her best interest.
Amendment 490 #
Proposal for a directive
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2c. Return and reintegration assistance shall be granted to all minors and their families.
Amendment 491 #
Proposal for a directive
Article 13
Article 13
1. Return decisions shall be accompanied by an entry ban: (a) departure has been granted, or (b) been complied with. In other cases return decisions may be accompanied by an entry ban. 2. entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality. 3. be determined with due regard to all relevant circumstances of the individual case and shall not in3 Article 13 deleted Entry ban if no perinciple exceed five years. It may however exceed five years if the third-country national represents a serious threat to public policy, public security or national security. 4. withdrawing or suspending an entry ban where a third-country national who is the subject of an entry ban issued in accordance with paragraph 1, second subparagraph, can demonstrate that he or she has left the territory of a Member State in full compliance with a return decision. Victims of trafficking in human beings who have been granted a residence permit pursuant to Council Directive 2004/81/EC28 shall not be subject of an entry ban without prejudice to paragraph 1, first subparagraph, point (b), and provided that the third-country national concerned does not represent a threat to public policy, public security or national security. Member States may refrain from issuing, withdraw or suspend an entry ban in individual cases for humanitarian reasons. Member States may withdraw or suspend an entry ban in individual cases or certain categories of cases for other reasons. 5. considering issuing a residence permit or other authorisation offering a right to stay to a third-country national who is the subject of an entry ban issued by anotherod for voluntary if the obligation to return has not Member States may impose an The length of the entry ban shall Member State, its shall first consult the Member State having issued the entry ban in accordance with Article 27 of Regulation (EU) 2018/XXX29 . 6. without prejudice to the right to international protection, as defined in point (a) of Article 2 of Directive 2011/95/EU, in the Member States. __________________ 28 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L 261, 6.8.2004, p. 19). 29Regulation (EU) 2018/… of the European Parliament and of the Council of […] on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 [adoption pending].consider Where a Member State is Paragraphs 1 to 5 shall apply
Amendment 507 #
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 508 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall set up, operate, maintain and further develop a national return management system, which shall process all the necessary information for implementing this Directive, in particular as regards the management of individual cases as well as of any return-related proceduremonitor return procedures and reintegration in the country of return.
Amendment 511 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States shall ensure that individual assessments are carried out to provide tailored support to each migrant throughout the return process in a gender and age sensitive manner, and in compliance with international law.
Amendment 512 #
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. Legal counselling shall be provided in a language that can be understood by the third-country national. It shall take place in conditions that allow migrants to ask questions and express their views freely, including their concerns.
Amendment 513 #
Proposal for a directive
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. At all stages of the procedure, it shall be possible for the third-country national concerned to avail himself or herself of existing procedures to determine and apply for residence status, including international protection procedures, any other form of protection procedures provided by national law and other procedures that provide status.
Amendment 514 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 522 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return.
Amendment 523 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2 a (new)
Article 14 – paragraph 3 – subparagraph 2 a (new)
National programmes shall include a continuum of care for the third-country national throughout all stages of the return and reintegration process. This shall include the provision of adequate information on conditions in countries of return prior to departure, provided by independent or UN bodies in understandable language, appropriate transfer of care for persons in vulnerable situations and custodial arrangements for unaccompanied and separated children and their parents. National programmes shall include mechanisms for the appropriate transfer of legal assistance and access to justice and redress mechanisms, access to relevant national administrative and criminal proceedings, in particular, in accordance with Directives 2009/52/EC, 2011/36/EU and 2012/29/EU, throughout the return procedure, including measures to ensure that readmission agreements include access to justice after return to a third country.
Amendment 526 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Amendment 532 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Amendment 533 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 535 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall provide, upon request, a written orand oral translation of the main elements of decisions related to return, as referred to in paragraph 1, including information on the available legal remedies in a language the third- country national understands or may reasonably be presumed to understand.
Amendment 538 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
Amendment 539 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Amendment 542 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Amendment 543 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Amendment 548 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 557 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing thean appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal,gainst such decision, during the examination of the appeal and until the decision on the appeal has been notified to the applicant, including where there is a risk to breach the principle of non- refoulement. Should a furtherAn appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstanreturn decision shall have an automatic suspensive effect, this shall include instances where there are pending cases before a criminal court, in order to ensure access of the individual case upon the applicant’s request or acting ex officioto justice for both victims and suspects.
Amendment 559 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 564 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
Amendment 569 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States shall establish reasonable and sufficient time limits and other necessary rules to ensure the exercise of the right to an effective remedy pursuant to this Article.
Amendment 572 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Amendment 575 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The third-country national concerned shall have the possibility to obtain legal advice, representation and, where necessary, linguistic assistance.
Amendment 576 #
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Member States shall ensure that the necessary legal assistance and/or representation is granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article15(3) to (6) of Directive 2005/85/EC. Member States shall inform the third- country nationals about the possibility to forward such request.
Amendment 577 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The first paragraph shall also apply to third-country nationals who are staying irregularly and in respect of whom it is not or it has not been possible to implement a return decision.
Amendment 578 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall provide the persons referred to in paragraph 1 and 1a with a written confirmation in accordance with national legislation that the period for voluntary departure has been extended in accordance with Article 9(2) or that the return decision will temporarily not be enforced or it has not been possible to implement a return decision.
Amendment 579 #
Proposal for a directive
Article 18
Article 18
Amendment 580 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Amendment 584 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point a
Article 18 – paragraph 1 – subparagraph 1 – point a
Amendment 585 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point b
Article 18 – paragraph 1 – subparagraph 1 – point b
Amendment 587 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
Amendment 593 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 3 – point b
Article 18 – paragraph 2 – subparagraph 3 – point b
(b) or grant the third-country national concerned the right to take proceedings by means of which the lawfulness of detention shall be subject to a speedy judicial review to be decided on as speedily as possible after the launch of the relevant proceedings. In such a case Member States shall immediately inform the third-country national concerned about the possibility of taking such proceedings, and provide to this purpose for legal and linguistic assistance, free of charge.
Amendment 594 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If a Member State decides to apply detention, in every case, detention shall be reviewed at reasonable and regular intervals of time either on application by the third-country national concerned or ex officio. In the case of prolonged detention periods, rReviews shall be subject to the supervision of a judicial authority.
Amendment 596 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. EachIf a Member State chooses to apply detention, the Member State shall set a maximumlimited period of detention of not less than three months and not more than six month, which shall not exceed two weeks.
Amendment 599 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 602 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. DIf a Member State chooses to apply detention as a last resort, detention shall take place as a rule in specialised, open detention facilities. WThere a Member State cannot provide accommodation in a specialised detention facility and is obliged to resort to prison accommodation, the t specialised detention facilities shall offer dignified conditions of detention respecting the fundamental rights of the third-country nationals detained. Staff employed in the specialised detention facilities shall be properly trained and qualified. Third- country nationals in detention shall be kept separated from ordinary prisonersshall never be detained in prison accommodation.
Amendment 603 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Third-country nationals in detention shall be allowed — on request — to establish sin due timece the first day of detention contact with legal representatives, family members and competent consular authorities.
Amendment 604 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Particular attention shall be paid to the situation of persons in a vulnerable perssituations. Emergency hHealth care and essential treatment of illness shall be promptly provided.
Amendment 605 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Relevant and competent national, international and non-governmental organisations and bodies, as well as journalists and members of national and European Parliaments shall have the possibility to visit detention facilities, as referred to in paragraph 1, to the extent that they are being used for detaining third- country nationals in accordance with this Chapter. Such visits may be subject to authorisationUnannounced visits shall be made possible.
Amendment 606 #
Proposal for a directive
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Third-country nationals kept in detention shall be systematically provided with information which explains the rules applied in the facility and sets out their rights and obligations, in a language they understand. Such information shall include information on their entitlement under national law to contact the organisations and bodies, as well as journalists and members of national and European Parliaments referred to in paragraph 4.
Amendment 608 #
Proposal for a directive
Article 20 – title
Article 20 – title
Amendment 610 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied mMinors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of timenot be detained.
Amendment 615 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be provided with separate accommodation guaranteeing adequate privacyPending removal, unaccompanied and separated minors and children with their families shall be provided with adequate alternatives to detention. Minors shall not be separated from their parents or from their legal or customary primary caregivers during the procedure, through the detention or removal of a parent or a caregiver. Families shall be kept together, unless the child’s safety would be at risk. This includes implementing or exploring alternatives to detention for the whole family and protecting parents from removal while the procedure is ongoing. Where needed, appropriate care and accommodation arrangements that enable children and families to live together in communities shall be implemented.
Amendment 618 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 623 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 627 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 632 #
Proposal for a directive
Article 21
Article 21
Amendment 636 #
Proposal for a directive
Article 22
Article 22
Amendment 654 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 62 to 104, Articles 13 and 14(3)7 to 13, Article 164(3), Articles 185 and 16 and Article 22s 18 to 20 by [six months after the day of entry into force] and with Article 14(1) and (2) by [one year after the day of entry into force]. They shall immediately communicate the text of those measures to the Commission.