17 Amendments of Caterina CHINNICI related to 2018/0329(COD)
Amendment 131 #
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be 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 the UN Convention of the rights of the Child, refugee protection and other 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 migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 147 #
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-refoulement, international law and Union law.
Amendment 159 #
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and 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 or remaining present and available at all stages of the return procedure.. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences 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 in relation to the access to programmes providing logistical, financial and other material or in-kind assistance. Member States should ensure that the consequences of non-complying are not excessive or disproportionate. The obligation to cooperate should not affect children.
Amendment 205 #
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary. Member States should ensure that children receive legal aid and information on their rights and procedures by qualified child protection authorities in a child-friendly manner and in a language that children understand.
Amendment 217 #
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be a measure of last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. 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 sufficient. Member States should develop alternatives to detention, such as community-based facilities for families with children and ensure that unaccompanied minors are not detained.
Amendment 307 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence and exploitation.
Amendment 312 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
When adopting a return decision and implementing this Directive, Member States shall take due account of:
Amendment 314 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child in all cases where children are affected;
Amendment 405 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the consequences of non-complying are proportionate and not excessive and that they are not imposed on children.
Amendment 476 #
Proposal for a directive
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(aa) completion of schooling for children;
Amendment 479 #
Proposal for a directive
Article 12 – title
Article 12 – title
Return and removal of unaccompanied minors
Amendment 482 #
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, Member States shall carry out a best interests assessment, taking into account the specific circumstances of the child, to identify durable solutions for the child. If a return decision is issued based on a best interests assessment, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 485 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removing an unaccompanied 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 return. Authorities shall ensure that there is a handover from child protection authorities of the Member States to child protection authorities of the State of return.
Amendment 488 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Unaccompanied minors shall be assisted and represented by a qualified guardian throughout the whole return procedure.
Amendment 493 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
In other cases return decisions may be accompanied by an entry ban based on an individual assessment of the case. In cases involving children and in cases of voluntary departure, return decisions shall not be accompanied by an entry ban.
Amendment 607 #
Proposal for a directive
Article 20
Article 20
Amendment 631 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Unaccompanied minors shall not be detained. Families with children shall be placed in alternative facilities, such as non-custodial community-based facilities. Minors shall not be separated from their parents during the procedure, unless it is in their best interest.