23 Amendments of Helga STEVENS related to 2016/0222(COD)
Amendment 63 #
Proposal for a directive
Recital 16
Recital 16
(16) For reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States should, where necessary, assign the applicant residence in a specific place, such as an accommodation centre, a or private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.
Amendment 70 #
Proposal for a directive
Recital 32
Recital 32
(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretakeremergency health care and basic needs. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender-based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care.
Amendment 76 #
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 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 notremain possible but should not disproportionally hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession .
Amendment 81 #
Proposal for a directive
Recital 36
Recital 36
(36) Once applicants are granted access to the labour market, they should be entitled to a common set of rights based on equal treatment with nationals. Working conditions should cover at least pay and dismissal, health and safety requirements at the workplace, working time and leave, taking into account collective agreements in force. Applicants should also enjoy equal treatmentrights as regards freedom of association and affiliation, education and vocational training, the recognition of professional qualifications and social security.
Amendment 82 #
Proposal for a directive
Recital 37
Recital 37
(37) A Member State should recognise professional qualifications acquired by an applicant in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council.25 Special measures also need to be considered with a view to effectively addressing the practical difficulties encountered by applicants concerning the authentication of their foreign diploma, certificates or other evidence of formal qualifications, in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures. __________________ 25 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 84 #
Proposal for a directive
Recital 38
Recital 38
Amendment 87 #
Proposal for a directive
Recital 39
Recital 39
(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude applicants from family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.
Amendment 88 #
Proposal for a directive
Recital 40
Recital 40
(40) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.
Amendment 90 #
Proposal for a directive
Recital 41
Recital 41
(41) To ensure that the material reception conditions provided to applicants comply with the principles set out in this Directive, it is necessary to further clarify the nature of those conditions, including not only housing, food and clothing but also essential non-food items such as sanitary items. It is also necessary that Member States determine the level of material reception conditions provided in the form of benefits in kind, financial allowances or vouchers on the basis of relevant references to ensure adequate standards of living for nationals, such as minimum income benefits, minimum wages, minimum pensions, unemployment benefits and social assistance benefits . That does not mean that the amount granted should be the same as for nationals. Member States may grant less favourable treatment to applicants than to nationals as specified in this Directive.
Amendment 91 #
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 allowancedaily allowance, in the form of benefits in kind, financial allowances or vouchers, may be reduced or withdrawn while at the same time ensuring a dignified standard of living for all applicants.
Amendment 92 #
Proposal for a directive
Recital 43
Recital 43
(43) Member States should put in place appropriate guidance, monitoring and control of their reception conditions. In order to ensure comparabledignified living conditions, Member States should be required to take into account, in their monitoring and control systems, operational standards on reception conditions and specific indicators developed by [the European Asylum Support Office / the European Union Agency for Asylum]. The efficiency of national reception systems and cooperation among Member States in the field of reception of applicants should be secured, including through the Union network on reception authorities, which has been established by [the European Asylum Support Office / the European Union Agency for Asylum].
Amendment 140 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Applicants, who have accessed the labour market in accordance with paragraph 1, shall never be given priority over nationals of the Member State concerned or other Union citizens, or third-country nationals lawfully residing in that Member State as regards to employment, education and other government provided services.
Amendment 141 #
Proposal for a directive
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Member States shall provide applicants with adequalte treatment with nationals as regards:
Amendment 148 #
Proposal for a directive
Article 15 – paragraph 3 – point e
Article 15 – paragraph 3 – point e
Amendment 150 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – introductory part
Article 15 – paragraph 3 – subparagraph 2 – introductory part
Member States may impose restrict equal treatment of applicantions:
Amendment 152 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point i
Article 15 – paragraph 3 – subparagraph 2 – point i
(i) pursuant to point (b) of this paragraph, by excluding themapplicants from taking part in the management of bodies governed by public law and from holding an office governed by public law;
Amendment 158 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
The right to adequalte treatment shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation] has terminated the applicant's right to remain.
Amendment 165 #
Proposal for a directive
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) private houses, flats, hotels or other premises adapted for housing applicants.
Amendment 170 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that applicants , irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses , including of serious mental disorders.
Amendment 175 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. With regard to applicants who are required to be present on their territory in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], Member States may , in the situations described in paragraph 2 :,
Amendment 176 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) replacprovide the accommodation, food, clothing and other essential non-food items providednecessary, in the form of benefits in kind, financial allowances andor vouchers, with material reception conditions provided in kind; or;
Amendment 177 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) reduce or, in exceptional and duly justified cases,may, in the situations described in paragraph 2, reduce or withdraw the daily allowances.
Amendment 178 #
Proposal for a directive
Article 19 – paragraph 2 – point e
Article 19 – paragraph 2 – point e
(e) has seriously breached the rules of the accommodation centre or behaved in a seriously violent way; or