18 Amendments of Salvatore Domenico POGLIESE related to 2016/0222(COD)
Amendment 59 #
Proposal for a directive
Recital 5
Recital 5
(5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignifiedppropriate treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equal reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.
Amendment 69 #
Proposal for a directive
Recital 10
Recital 10
(10) Standard conditions for the reception of applicants that will suffice to ensure them a dignifiedn adequate standard of living and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception.
Amendment 95 #
Proposal for a directive
Recital 20
Recital 20
(20) 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, particularly in accordance with the international legal obligations of the Member States and with Article 31 of the Geneva Convention. Applicants may be detained only under the very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention. Detention of applicants pursuant to this Directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority.
Amendment 113 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to promote the self- sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market ð and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice, save for the possibility of the Member State concerned giving priority to nationals or to othe principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accessionr Union citizens.
Amendment 120 #
Proposal for a directive
Recital 35
Recital 35
(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market, including by involving the applicant in a socially- beneficial activity, is encouraged where the application is likely to be well-founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.
Amendment 134 #
Proposal for a directive
Recital 42
Recital 42
(42) In order to restrict the possibility of abuse of the reception system, Member States should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a dignifiedn adequate standard of living for all applicants.
Amendment 259 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 261 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Minors shall not be detained only as a measure of last resort and after it having been established that other less coercive alternative measure; Member States shall instead accommodate minors cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minorsd families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 300 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 63 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 310 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
For reasons of labour market policies, and especially regarding youth unemployment levels, Member States may verify whether a vacancy could be filled, through preferential access, by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State.
Amendment 345 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses and civic orientation courses Member States shall provide applicants effective access to language courses and civic education courses free of charge from the date when the application for international protection was made. However, Member States may require applicants to cover or contribute to the cost of such courses in accordance with the conditions set out in Article 16(4) and (5).
Amendment 357 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States may require applicants to cover or contribute to the cost of the material reception conditions provided for in paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time. Should the applicants not have sufficient resources, the competent national authorities, in agreement with local authorities, may facilitate the employment of applicants for international protection, on a voluntary basis, in socially-beneficial activities geared to the specific requirements of the host territorial communities.
Amendment 402 #
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
2. Member States shall ensure a dignifiedn adequate standard of living for all applicants.
Amendment 443 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Decisions for replacement, reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to applicants with special reception needs , taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a dignifiedn adequate standard of living for all applicants.
Amendment 484 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possibleimmediately, and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrival on EU territory of an unaccompanied minor, take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record of criminal offences, and in particular child- related crimes or offences . The competent authorities shall regularly monitor the criminal record of the guardian, following his/her appointment, with a view to checking for anything incongruous with their role. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .
Amendment 492 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionan acceptable and limited number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring, within the first month of the guardian being appointed, and then at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian.
Amendment 537 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
By [threone years after the entry into force of this Directive] at the latest, and at least every fivthree years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.
Amendment 538 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Member States shall at the request of the Commission send the necessary information for drawing up the report by [two yearsix months after the entry into force of this Directive] and every fivetwo years thereafter .