2 Amendments of Maite PAGAZAURTUNDÚA related to 2016/0224(COD)
Amendment 83 #
Proposal for a regulation
Recital 39a
Recital 39a
(39a) ‘ In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. WhereBy way of exception, the examination procedure should not be accelerated when a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into account the guidance note pursuant to Article 10 of Regulation XX/XX on the European Asylum Agency, or where the. An applicant who belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be acceleratedshould also be exempt from the accelerated examination procedure, including after it has begun, where the competent authorities find that the grounds for such a procedure do not apply. Vulnerability of applicants should be assessed throughout the border procedure and where applicable cause the exclusion from the border procedure . Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.
Amendment 299 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enterllowed to move freely within the territory of the Member State, without prejudice to paragraphs 9 and 11. In accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast], a Member State shall take proportionate measures to ensure that applicants in the border procedure shall not be allowed to move freely within their territory not putting an applicant in detention until the applicant’s case been individually assessed and effectively considered alternatives to detention or less coercive measures. Validation of detention shall be applied according to the Member State legislation