46 Amendments of Angelika MLINAR related to 2016/0223(COD)
Amendment 163 #
Proposal for a regulation
Recital 15
Recital 15
(15) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity. Children applicants then turning 18 before a decision on their application is taken would thus still benefit from family unity.
Amendment 238 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
Amendment 269 #
Proposal for a regulation
Recital 50
Recital 50
(50) Equal treatment should be provided for beneficiaries of international protection with nationals of the Member State granting protection as regards social security and access to integration programs.
Amendment 275 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, access to SRHR services and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measures.
Amendment 312 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point a
Article 2 – paragraph 1 – point 9 – point a
(a) the spouse of the beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals;
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c
Article 2 – paragraph 1 – point 9 – point c
(c) the father, mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the Member State concerned, when that beneficiary is a minor and unmarried;
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c a (new)
Article 2 – paragraph 1 – point 9 – point c a (new)
(c a) the sibling or siblings of the beneficiary of international protection;
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘minor’ means a third-country national or stateless person below the age of 18 years; at the time his/her application for international protection is submitted.
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The applicant shall submit all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and in cooperation with the relevant national authorities. The relevant national determining authorities should cooperate with the applicant and he or she shall remain present and available throughout the procedure.
Amendment 359 #
Proposal for a regulation
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. Where aspects of the applicant’s statements are not supported by documentary or other evidence, no additional evidence shall be required and the applicant shall be given the benefit of the doubt in respect of those aspects where the following conditions are met:
Amendment 365 #
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
Amendment 377 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice toProvided that any decision taken is fully in line with the Geneva Convention and, the European Convention on Human Rightsfor the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] shall not normally be grantmay be refused refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin. This exclude any circumstances independent of applicant's decision-making, including but not limited to their sexual orientation, and religious beliefs, which he or she may have manifestly adhered to in various degrees while in country of origin.
Amendment 380 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Actors of persecution or serious harm can only be:
Amendment 391 #
Proposal for a regulation
Article 7 – paragraph 1 – point b – paragraph 2
Article 7 – paragraph 1 – point b – paragraph 2
Amendment 394 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Protection against persecution or serious harm shall be effective and of a non-temporary nature. That protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, among others, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to that protection.
Amendment 406 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. As part of the assessment of the application for international protection, and provided that the State or agents of the State are not the actors of persecution or serious harm, the determining authority shallmay determine that an applicant is not in need of international protection if he or she can safely and legally travel to and gain admittance to a part of the country of origin and can reasonably be expected to settle there and if, in that part of the country, he or she:
Amendment 409 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) has access to full effective and durable protection against persecution or serious harm.
Amendment 419 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity, ethnic origin, membership of a national minority, health and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.
Amendment 438 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 1
Article 10 – paragraph 1 – point d – indent 1
– members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, andor
Amendment 443 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
depending on the circumstances in the country of origin, the concept mightshall include a group based on a common characteristic of sexual orientation (a term which cannot be understood to include acts considered to be criminal in accordance with national law of the Member States); gender related aspects, including gender identity, gender expression and sex characteristics, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group;
Amendment 448 #
2. When assessing if an applicant has a well-founded fear of being persecuted it is immaterial whether the applicant actually possesses the racial, ethnic, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is attributed to the applicant by the actor of persecution.
Amendment 452 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity or conscience, to avoid the risk of persecution in his or her country of origin.
Amendment 474 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 479 #
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
Amendment 481 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
Amendment 489 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 497 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) there are reasonable grounds for regarding him or her as a danger to the security of the Member State in which he or she is present, based on a final judgment convicting him or her for a particular serious crime ;
Amendment 499 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
Amendment 504 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
Amendment 510 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In situations referred to in points (d) to (f) of paragraph 1, the determining authority may decide not to grant status to a refugee, where such a decision has not yet been taken.
Amendment 513 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Persons to whom points (d) to (f) of paragraph 1 or paragraph 2 apply shall be entitled to rights set out in or similar to those set out in Articles 3, 4, 16, 22, 31, 32 and 33 of the Geneva Convention in so far as they are present in the Member State.
Amendment 527 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In order to apply Article 14(1), the determining authority shallmay review the refugee status in particular:
Amendment 534 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 547 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict., or
Amendment 584 #
Proposal for a regulation
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
Amendment 597 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
In order to apply Article 20(1), the determining authority shallmay review the subsidiary protection status in particular
Amendment 608 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 616 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this Chapter that involve minorsis Regulation the best interests of the child shall be a primary consideration to the relevant authorities.
Amendment 618 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 659 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of threfive years and be renewable thereafter for periods of threfive years.
Amendment 672 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 682 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445 . Those travel documents shall be valid for at least onfive years. _________________ 45 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1)
Amendment 725 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 758 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to promote and facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have free and effective access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 763 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. Member States shall provide beneficiaries of international protection effective access to language courses free of charge from the date when international protection was granted. However, Member States may require beneficiaries to cover or contribute to the cost of such courses, if beneficiaries have sufficient resources.
Amendment 768 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States may make participation in integration measures compulsory, provided that the integration measures in question are easily accessible, free of charge and take account of specific needs.