18 Amendments of Beata KEMPA related to 2020/0277(COD)
Amendment 91 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure, to the extent that the Treaties allow it, the absence of internal border controls for personsthe citizens of the Member States, and frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third- country nationals.
Amendment 102 #
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including a) a mechanism for transferring asylum seekers to safe third countries, adjacent to the asylum seekers' countries of origin, b) the triggering of a compulsory solidarity mechanism and c) that all the necessary measures are put in place to prevent crisis to happen.
Amendment 127 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Artificial intelligence applications, including face recognition technology, must be fully utilized to record and easily access objective identification data for asylum seekers in each Member State.
Amendment 130 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The EU-wide registration of asylum seekers should be recording any penal code violations, so that criminal measures can apply more effectively and deportations can be carried out, as required by the Member States legislation.
Amendment 131 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) Member States and the European Commission should have real-time access to information on pending deportation cases for persons in the EU.
Amendment 134 #
Proposal for a regulation
Recital 6
Recital 6
(6) A mass influx of persons crossing the border irregularly and within a short period of time, especially when organized by a third country intending to intervene politically within the EU, may lead to a situation of crisis in a particular Member State. That may also have consequences for the functioning of the asylum and migration system, not only in that Member State but in the Union as a whole, due to unauthorised movements and the lack of capacity in the Member State of first entry to process the applications for international protection of such third-country nationals. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situations.
Amendment 175 #
Proposal for a regulation
Recital 11
Recital 11
(11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out relocation and return sponsorship should be applied for the purpose of ensuring the proper implementation of the solidarity measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation. The concept of return sponsorship should include a precise definition of the roles of the country of entry, the sponsoring country and the European Border and Coast Guard Agency. If this instrument is chosen, Member States must be allowed to indicate the nationality of third-country nationals required to return, taking into account their bilateral cooperation with the countries of origin on returns and readmission.
Amendment 248 #
Proposal for a regulation
Recital 18
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorisedbe obliged with the appropriate means not to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] using effective measures, such as imprisonment or confinement to other geographically restricted areas, such as uninhabited islands with well- designed structures, for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eight weeks. During that period, it should be possible to keep the illegally staying third- country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.
Amendment 334 #
(27a) As the European way of life implies a set of democratic values and cultural perceptions, third country nationals cannot automatically be considered an integral part of European societies.
Amendment 336 #
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) The Commission should support the creation of spatially-defined pockets in any willing EU or third country, within which temporary residence may be provided for beneficiaries of asylum status.
Amendment 391 #
Proposal for a regulation
Recital 35
Recital 35
(35) The examination procedure should be used for the adoption of solidarity measures in situations of crisis for authorising the application of derogatory procedural rules, and for triggering the granting of immediate, time-specific protection status.
Amendment 424 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 450 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 460 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 465 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 619 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State, which may also revoke immediate protection in other justified cases, where return is considered viable. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State.
Amendment 625 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 660 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Abolition of international protection status The Member States should draw up a list, including: 1. lifting international protection regimes; 2. refugees having criminal violations records.