11 Amendments of Agustín DÍAZ DE MERA GARCÍA CONSUEGRA related to 2008/0243(COD)
Amendment 30 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Member States’ services responsible for asylum should receive practical aid to meet their day-to-day operational requirements. Here the future European Asylum Support Office will play a vital role.
Amendment 31 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) For the purposes of this Regulation “detention” shall not carry a penal or punitive connotation, but shall mean an exclusively administrative and temporary measure equivalent to a holding operation.
Amendment 32 #
Proposal for a regulation
Recital 18
Recital 18
(18) Detention of asylum seekers should be applied in line with the underlying principle that a person should not be held in detention for the sole reason that he is seeking international protection. In particular, detention of asylum seekers must be applied in line with Article 31 of the Geneva Convention in administrative holding centres distinct from prison centres and under the clearly defined exceptional circumstances and guarantees prescribed in Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers]. Moreover, the use of detention for the purpose of transfer to the Member State responsible should be limited and subject to the principle of proportionality with regard to the means taken and objective pursued.
Amendment 47 #
Proposal for a regulation
Article 2 – point (k a) (new)
Article 2 – point (k a) (new)
(ka) “Detention” means a temporary administrative measure of a non-punitive nature.
Amendment 49 #
Proposal for a regulation
Article 4 – paragraph 2 - subparagraph 1
Article 4 – paragraph 2 - subparagraph 1
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant is reasonably supposed to understands. Member States shall use the common leaflet drawn up pursuant to paragraph 3 for that purpose.
Amendment 52 #
Proposal for a regulation
Article 4 – paragraph 2 –subparagraph 2
Article 4 – paragraph 2 –subparagraph 2
Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, at the interview organised pursuant to Article 5, in a language that the applicant understands.
Amendment 53 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The personal interview shall take place in a language that the applicant is reasonably supposed to understands and in which he is able to communicate. Where necessary, Member States shall select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the personal interview.
Amendment 84 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where the requested Member State agrees to take charge or to take back an applicant or another person as referred to in Article 18(1)(d), the requesting Member State shall notify the person concerned of the decision to transfer him/her to the responsible Member State and, where applicable, of not examining his/her application for international protection. Such notification shall be made in writing, in a language which the person is reasonably supposed toapplicant understands and within no more than fifteen15 working days from the date of receipt of the reply from the requested Member State.
Amendment 90 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Member States shall ensure that legal assistance and/or representation be granted free of charge where the person concerned cannot afford the costs involved. In such cases Member States may receive financial support from the European Union.
Amendment 95 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to Article 8(2) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers], when it proves necessary, on the basis of an individual assessment of each case, and if other less coercive measures cannot be applied effectively, Member States may detain an asylum- seeker or another person as referred to in Article 18(1)(d), who is subject of a decision of transfer to the responsible Member State, toin a particular placnon-penal administrative centre only if there is a significant risk of him/her absconding.
Amendment 101 #
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2
Article 27 – paragraph 7 – subparagraph 2
Detained persons shall immediately be informed of the reasons for detention, the intended duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they are reasonably supposed to understand.