11 Amendments of Roselyne LEFRANÇOIS related to 2008/0243(COD)
Amendment 39 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) While the Dublin system is not intended to be a mechanism for equitably sharing of responsibilities as regards examining international protection applications, implementation of this system places undue pressure on a number of Member States which are particularly exposed to migratory flows, in particular by virtue of their geographical location. It is thus indispensable to establish as soon as possible legally binding instruments to ensure greater solidarity between Member States and greater protection for applicants. These instruments should in particular provide for the secondment to Member States facing an excessive number of applications of asylum experts from other Member States and, where the reception capacities of one Member State are insufficient, the resettlement of the beneficiaries of international protection in other Member States, providing that those concerned consent to this and that their fundamental rights are respected.
Amendment 50 #
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. (This amendment applies to the text as a whole. If it is adopted, corresponding changes will have to be made throughout.)
Amendment 56 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that a representative within the meaning of Article 2(i) of Directive 2005/85/EC represents and/or assists the unaccompanied minor with respect to all procedures provided for in this Regulation. This representative may also be the representative referred to in Article 23 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers].
Amendment 61 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the applicant is an unaccompanied minor who has ano family members within the meaning of Article 2(i) legally present in another Member State but who has another relative legally present in another Member State who can take care of him or her, that Member State shall be responsible for examining the application, provided that this is in the best interests of the minor.
Amendment 69 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where the asylum seeker is dependent on the assistance of a relative in particular on account of pregnancy or a new-born child, serious illness, severe handicap or old age, or where a relative is dependent on the assistance of the asylum seeker for the same reasons, the Member State responsible for examining the application shall be the one considered the most appropriate for keeping them together or reunifying them, provided that family ties existed in the country of origin and that the persons concerned expressed their desire in writing. In determining the most appropriate Member State, the best interests of the persons concerned shall be taken into account, such as the ability of the dependent person to travel.
Amendment 73 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
2. The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time, request another Member State to take charge of an applicant in order to bring together family members, as well as other relatives, on humanitarian groundfor humanitarian or compassionate reasons based in particular on family or cultural considerations, even where this latter Member State is not responsible under the criteria laid down in Articles 8 to 12 of this Regulation . The persons concerned must express their consent in writing.
Amendment 75 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Member State responsible shall in all circumstances referred to in paragraph 1 (a) to (d) examine or complete the examination of the application for international protection made by the applicant, within the meaning of Article 2(d). When the Member State responsible had discontinued the examination of an application following its withdrawal by the applicant, it shall revoke that decision and complete the examination of the application, within the meaning of Article 2(d).
Amendment 85 #
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 a (new)
Article 26 – paragraph 2 – subparagraph 1 a (new)
This period of time shall not be less than 15 working days from the date of notification referred to in Article 25(1).
Amendment 86 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. In the event of an appeal or review concerning the transfer decision referred to in Article 25, the authority referred to in paragraph 1 of this Article shall, acting ex- officio, decide, as soon as possible, and in any case no later than seven working days from the lodging of an appeal or of a review, whether or not the person concerned may remain on the territory of the Member State concerned pending the outcome of his/her appeal or decide, at the request of the person concerned and, by default, ex officio, whether or not the person concerned may remain on the territory of the Member State concerned pending the outcome of his/her appeal or review. This decision shall be taken as soon as possible, and in any case no later than seven working days from the lodging of an appeal or of a review.
Amendment 96 #
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, to a particular place only if there is a significanterious risk of him/her absconding.
Amendment 104 #
Proposal for a regulation
Article 27 – paragraph 8
Article 27 – paragraph 8
8. In every case of a detained person pursuant to paragraph 2, the continued detention shall be reviewed by aex officio by the judicial authority at reasonable intervals of time either onand, when there is a change of circumstances or fresh information becomes available which affects the grounds for detention, at the request byof the person concerned orasylum seeker concerned and, in the absence of such a request, ex- officio. Detention shall never be unduly prolonged.