25 Amendments of Jean LAMBERT related to 2016/0222(COD)
Amendment 48 #
Proposal for a directive
Recital 3
Recital 3
(3) The Common European Asylum System (CEAS) is based on a system for determining the Member State responsible for applicants for international protection and common standards for asylum procedures, reception conditions and procedures and rights of beneficiaries of international protection. Notwithstanding the significant progress that has been made in the development of the CEAS, there are still notable differences between the Member States with regard to the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences are important drivers of secondary movement and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.
Amendment 61 #
Proposal for a directive
Recital 16
Recital 16
(16) For duly justified and serious 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, be able to assign the applicant residence in a specific place, where necessary, such as an open accommodation centre, a 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 71 #
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 caretaker. 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. Consideration should be given to the fact that any applicant for asylum may have experienced physical violence, including sexual violence, and /or mental trauma and will therefore need appropriate care.
Amendment 73 #
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 not 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 relev, including sector restrictions, working time restrictions or unreasonable administrative formalities, that effectively hinder an applicant pfrovisions of the applicable Acts of Accession m seeking employment.
Amendment 78 #
Proposal for a directive
Recital 35
Recital 35
(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market is encouraged where the application is likely to be well- founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is appliedIn order to increase integration prospects and self-sufficiency of applicants, immediate access to the labour market should be provided to the applicant.
Amendment 98 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shallmay, where necessary, proportionate and duly justified, decide on the residence of an applicant in a specific placen open reception centre or specific open accommodation for any of the following reasons:
Amendment 100 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 101 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d
Article 7 – paragraph 2 – subparagraph 1 – point d
Amendment 127 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 132 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 138 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 142 #
Proposal for a directive
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 145 #
Proposal for a directive
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) education and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational trainingmployment-related education opportunities for adults, education and vocational training, including training courses for upgrading skills, practical workplace experience, and study and maintenance grants or loans related to these activities;
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Member States shall apply this Directive to all unaccompanied minors from third countries from the moment of their arrival to the moment of their qualification as a refugee or grant of subsidiary protection under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.
Amendment 154 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 160 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Where applicants have been granted access to the labour market in accordance with paragraph 1, Member States shall ensure that the applicant's document as referred to in Article [29] of Regulation (EU) No XXX/XXX [Procedures Regulation] state that the applicant has permission to take up gainful employment. Shall the nature of the employment require the applicant to travel, Member States shall proceed with no delay to issuing the applicant with a valid travel document as referred to in Article 6 of this Directive.
Amendment 163 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observe the principle of proportionality. Member States shall also 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. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 286 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under similarthe same conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centresthe entire duration of their presence in the territory of the Member State. Such education may be provided in accommodation centres, as a temporary measure until access to national education systems is ensured.
Amendment 354 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Member States shall ensure that that standard of living is met in the specific situation of applicants with special reception needs, such as minors, as well as in relation to the situation of persons who are in detention.
Amendment 379 #
Proposal for a directive
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Member States shall provide separate sanitary facilities for female applicants and safe place in reception centres for them and their children.
Amendment 410 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that minor children of applicants and applicants who are minors receive the same access to health care as their own national minors.
Amendment 466 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involvemay affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
Amendment 471 #
Proposal for a directive
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of violence and exploitation, including human trafficking;
Amendment 493 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2 a (new)
Article 23 – paragraph 1 – subparagraph 2 a (new)
Member States shall provide unaccompanied minors upon their arrival with: (a) immediate access to health care and education under the same conditions as their own national minors (b) all the necessary information about their rights, procedures and protection opportunities in a child- friendly manner and in a language they understand. To this end, the European Asylum Support Office shall assist Member States in producing reception material to inform children.
Amendment 533 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants, as well as children. To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum] and take into consideration the information material published by the European Asylum Support Office, such as the EASO Tool for Identification of persons with special needs.