35 Amendments of Jeroen LENAERS related to 2018/0329(COD)
Amendment 320 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances of the individual case, taking into account objective criteria, which shall include at least the following criteria:
Amendment 354 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) a country of transit in accordance with Union or bilateral readmission agreements or other applicable arrangements, or
Amendment 358 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) another third country, to which the third-country national concerned voluntarily decides tocan legally return and in which he or she will be accepted;
Amendment 368 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 379 #
Proposal for a directive
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) ensure that their treatment and level of protection are no less favourable than as set out in Article 10(4) and (5) (limitations on use of coercive measures), Article 11(2)(a) (postponement of removal), Article 12 (consideration of best interest of the child and return to caregiver or adequate reception facilities), Article 17(1)(b) and (d) (emergency health care and taking into account needs of vulnerable persons), and Articles 19 and 20 (detention conditions) and
Amendment 390 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances of the individual case, taking into account objective criteria, which shall include at least the following criteria:
Amendment 416 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 (new)
Article 8 – paragraph 2 – subparagraph 1 (new)
In the event of non-compliance by the third-country national concerned with this requirement, paragraph 1 shall apply and the Member State that issued the return decision shall start a consultation in accordance with Article 10 of Regulation (EU) 2018/1860. When the Member State that issued the residence permit or other authorisation offering a right to stay notifies to the Member State that issued the return decision that it is maintaining that permit or authorisation, or when it does not take a decision within the period set by letter (e) of Article 10 of Regulation (EU) 2018/1860, that Member State shall be obliged to admit the third-country national into its territory.
Amendment 434 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 435 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 443 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures, unless the third-country national can substantiate that they will leave without assistance. That obligation shall include the following in particular:
Amendment 458 #
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) where the third-country national concerned poses a risk to public policy, public security or national security or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years.
Amendment 461 #
Proposal for a directive
Article 9 – paragraph 4 – point c a (new)
Article 9 – paragraph 4 – point c a (new)
(ca) where the examination of an application for international protection was rejected in the cases referred to in Article 39(1c), (1d) or (1f) of Regulation (EU) …/… [Asylum Procedure Regulation] or where the application for international protection was rejected after an accelerated examination procedure in the cases referred to in Article 40(1b), (1c) or (1d) of Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 468 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document. and fulfil requirements with regard to his or her medical condition as required by the country of origin;
Amendment 494 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 (new)
Article 8 – paragraph 2 – subparagraph 1 (new)
In the event of non-compliance by the third-country national concerned with this requirement, paragraph 1 shall apply and the Member State that issued the return decision shall start a consultation in accordance with Article 10 of Regulation (EU) 2018/1860. When the Member State that issued the residence permit or other authorisation offering a right to stay notifies to the Member State that issued the return decision that it is maintaining that permit or authorisation, or when it does not take a decision within the period set by letter (e) of Article 10 of Regulation (EU) 2018/1860, that Member State shall be obliged to admit the third-country national into its territory.
Amendment 503 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed fiveten years. It may however exceed fiveten years if the third- country national represents a serious threat to public policy, public security or national security or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years.
Amendment 505 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shall issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting aas provided for in theird-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].legislation:
Amendment 506 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
Victims of trafficking in human beings who have been granted a residence permit pursuant to Council Directive 2004/81/EC28 shall not be subject of an entry ban without prejudice to paragraph 1, first subparagraph, point (b), and provided that the third-country national concerned does not represent a threat to public policy, public security or national security or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years. __________________ 28 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L 261, 6.8.2004, p. 19).
Amendment 510 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a (new)
Article 8 – paragraph 6 – subparagraph 1 – point a (new)
(a) in the same act with the decision ending or refusing a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) .../... [Qualification Regulation]. or
Amendment 511 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b (new)
Article 8 – paragraph 6 – subparagraph 1 – point b (new)
(b) together with or without undue delay after the adoption of a decision ending or refusing a legal stay of a third- country national including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) .../... [Qualification Regulation]
Amendment 520 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 529 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
The granting of such assistance, including its kind and extent, shall be subject to the cooperation of the third-country national concerned with the competent authorities of the Member States as provided for in Article 7 of this Directive. Assistance granted under this paragraph shall only be granted once.
Amendment 538 #
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) where the third-country national concerned poses a risk to public policy, public security or national security or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years.
Amendment 540 #
Proposal for a directive
Article 9 – paragraph 4 – point c a (new)
Article 9 – paragraph 4 – point c a (new)
(ca) where the examination of an application for international protection was rejected in the cases referred to in Article 39(1c), (1d) or (1f) of Regulation (EU) …/… [Asylum Procedure Regulation] or where the application for international protection was rejected after an accelerated examination procedure in the cases referred to in Article 40(1b), (1c) or (1d) of Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 583 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States mayshall keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
Amendment 588 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a risk to public policy, public security or national security or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years.
Amendment 592 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
In other cases Member States may keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process. All grounds for detention shall be laid down in national law.
Amendment 593 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed fiveten years. It may however exceed fiveten years if the third- country national represents a serious threat to public policy, public security or national security. or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years.
Amendment 599 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
Victims of trafficking in human beings who have been granted a residence permit pursuant to Council Directive 2004/81/EC28 shall not be subject of an entry ban without prejudice to paragraph 1, first subparagraph, point (b), and provided that the third-country national concerned does not represent a threat to public policy, public security or national security. or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years. _________________ 28 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L 261, 6.8.2004, p. 19).
Amendment 622 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
The granting of such assistance, including its kind and extent, shall be subject to the cooperation of the third-country national concerned with the competent authorities of the Member States as provided for in Article 7 of this Directive. Assistance granted under this paragraph shall only be granted once.
Amendment 639 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
To comply with the principle of an effective remedy, the third-country national concerned shall be granted the right to appeal before a single level of jurisdiction against the return decision where that decision is based on a decision rejecting an application for international protection taken in accordance with Regulation EU) …/… [Asylum Procedure Regulation] that was subject to an effective judicial review in accordance with Article 53 of that Regulation.
Amendment 645 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there ismay be a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio.
Amendment 673 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States mayshall keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
Amendment 679 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a risk to public policy, public security or national security. or has been convicted of an offence which is punishable by a maximum term of imprisonment of at least three years.
Amendment 683 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
In other cases Member States may keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process. All grounds for detention shall be laid down in national law.
Amendment 714 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of timewho are subject of return procedures in order to prepare the return and/or carry out the removal process shall only be detained as a measure of last resort and for the shortest appropriate period of time and only after having specifically verified that no other less coercive measure is available. Young children shall be detained in specialized facilities and not be detained in a prison accommodation. By derogation of article 18, paragraph 5, Member states may include shorter periods of detention for minors in their national legislation.