54 Amendments of Monika HOHLMEIER related to 2009/0165(COD)
Amendment 62 #
Proposal for a directive
Recital 20
Recital 20
(20) In addition, special procedural guarantparticular attention should be paid to the special needs ofor vulnerable applicants, such as minors, unaccompanied minors, persons who have been subjected to torture, rape or other serious acts of violence or disabled persons, should be laid down in order to create the conditions necessary for their effective access to procedures and presenting the elements needed to substantiate the application for international protection.
Amendment 81 #
Proposal for a directive
Article 2 – point d
Article 2 – point d
(d) ‘applicant with special needs’ means an applicant who due to age, gender, disability, mental health problemphysical or mental illnesses or consequences of torture, rape or other serious forms of psychological, physical or sexual violence is in need of special guarantees in order to benefit from the rights and comply with the obligations in accordance with this Directive;
Amendment 91 #
Proposal for a directive
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
Amendment 96 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall ensure that a minor has the right to make an application for international protection either on his/her own behalf, or through his/her parents – if he/she is considered under national law as capable of bringing proceedings – or through his/her legal representative or other adult family members latter’s authorised representative. In all other cases Article 6(6) shall apply.
Amendment 106 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 110 #
Proposal for a directive
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) applications are examined and decisions are taken individually, objectively and impartially, impartially and taking into account the ability of individual applicants to exercise the rights and obligations laid down in this Directive;
Amendment 127 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Applicants for international protection shall cooperate with the competent authorities with a view to establishing their identbe required to assist in clarifying the situation and to reveal their identity, nationality and other elements referred to in Article 4(2) of Directive […./../EC] [the Qualification Directive] to the competent authorities. If they are not in possession of a valid passport or a document in lieu of a passport, applicants shall be required to cooperate in obtaining an identity document. So long as applicants are permitted to remain in the Member State under international protection during consideration of the application, they shall not be required to enter into contact with authorities of their country of origin if there is reason to fear persecution by the State. Member States may impose upon applicants other obligations to cooperate with the competent authorities insofar as these obligations are necessary for the processing of the application.
Amendment 144 #
Proposal for a directive
Article 15 – introductory part
Article 15 – introductory part
When conducting a personal interview on the substance of an application for international protection, the determining authority shall ensure that the applicant has an adequate opportunity to present elements needed to substantiate his/her application for international protection in accordance with Article 4 (1) and (2) of Directive […./../EC] [the Qualification Directive]. To that end, Member States shall ensure that:
Amendment 145 #
Proposal for a directive
Article 15 – point a
Article 15 – point a
Amendment 146 #
Proposal for a directive
Article 15 – point b
Article 15 – point b
(b) the applicant has an adequate opportunity to give an explanation regarding elements needed to substantiate the application which may be missing and/or any inconsistencies or contradictions in his/her statements.
Amendment 148 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall allow applicants, upon request, to haveensure, subject to the applicant’s consent, that a medical examination carried outis ordered in order to support statements in relation to past persecution or serious harmost-traumatic stress disorder, past persecution or serious harm, in cases where the determining authority has reasonable grounds to suppose this to be appropriate and the capacity to be heard or to make complete and coherent statements is accordingly limited. To that end, Member States shall grant applicants a reasonable period to submit a medical certificate to the determining authority.
Amendment 149 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 150 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall provide for relevant arrangements in order to ensure that impartial and qualified medical expertise – for example, medical officers or medical specialists – is made available for the purpose of a medical examination referred to in paragraph 2.
Amendment 154 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Member States shall ensure that frethe requisite legal assistance and/or representation be granted on request, subject to the provisions of paragraph 3. To that end, Member States shall: in accordance with the relevant provisions of national law or provisions concerning legal aid.
Amendment 159 #
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
Amendment 163 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 166 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Article 18 – paragraph 3 – subparagraph 1 – introductory part
3. Member States may provide in their national legislation, in particular, that free legal assistance and/or representation is granted:
Amendment 170 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 – point b a (new)
Article 18 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) only if the appeal or review is likely to succeed.
Amendment 172 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
Amendment 179 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2 – point a
Article 19 – paragraph 1 – subparagraph 2 – point a
Amendment 181 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take appropriate measures to ensure that applicants with special needsho in the opinion of the determining authority have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)] are given the opportunity and support to present the elements of an application as completely as possible and with all available evidence. Where needed, they shall be granted time extensions to enable them to submit evidence or take other necessary steps in the procedure.
Amendment 182 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 184 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 185 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point a
Article 21 – paragraph 1 – subparagraph 1 – point a
(a) as soon as possible take measures to ensure that a representative of the competent national body represents and assists the unaccompanied minor with respect to the lodging and the examination of the application. The representative shall be impartial and have the necessary expertise in the field of childcare. This representative can also be the representative referred to in Directive […/…/EC] 17 [the Reception Conditions Directive];
Amendment 189 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 193 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Subject to the conditions set out in Article 18, unaccompanied minors shall be granted free legal assistance with respect to all procedures provided for in this Directive, in so far as this is necessary or possible in the light of personal circumstances. With respect to the procedures provided for in Chapter V, the Member States may provide for this to be limited to cases where the appeal or review is likely to succeed.
Amendment 198 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
Amendment 201 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 3 – point a
Article 21 – paragraph 5 – subparagraph 3 – point a
(a) unaccompanied minors are informed prior to the examination of their application for international protection , and in a language which they may reasonably be supposed to understand, of the possibility that their age may be determined by medical examination. This shall include information on the method of examination and the possible consequences of the result of the medical examination for the examination of the application for international protection , as well as the consequences of refusal on the part of the unaccompanied minor to undergo the medical examination;
Amendment 202 #
Proposal for a directive
Article 21 – paragraph 6
Article 21 – paragraph 6
Amendment 205 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
1. When there is reasonable cause to consider that an applicant for international protectionasylum has implicitly withdrawn or abandoned his/her application for international protection asylum, Member States shall ensure that the determining authority takes a decision to either discontinue the examination or reject the application on the basis that the applicant has not established an entitlement to refugee status in accordance with Directive 2004/83/EC.
Amendment 207 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
2. Member States shall ensure that the applicant who reports again to the competent authority after a decision to discontinue as referred to in paragraph 1 of this Article is taken, is entitled to request that his/her case be reopened, unless the request is examined in accordance with Articles 35 and 36. Member States may provide for a time limit after which the applicant’s case can no longer be re-opened.
Amendment 222 #
Proposal for a directive
Article 27 – paragraph 6 – point a a (new)
Article 27 – paragraph 6 – point a a (new)
(aa) the applicant clearly does not qualify as a refugee or for refugee status in a Member State under Directive […./../EC] [the Qualification Directive]; or
Amendment 225 #
Proposal for a directive
Article 27 – paragraph 6 – point c a (new)
Article 27 – paragraph 6 – point c a (new)
(ca) the applicant has filed another application for asylum stating other personal data with a different content; or
Amendment 226 #
Proposal for a directive
Article 27 – paragraph 6 – point d a (new)
Article 27 – paragraph 6 – point d a (new)
(da) the applicant has made clearly inconsistent, contradictory, improbable, insufficient or false representations which make his/her claim clearly unconvincing in relation to his/her having been the object of persecution referred to in Directive […./../EC] [the Qualification Directive]; or
Amendment 227 #
Proposal for a directive
Article 27 – paragraph 6 – point d b (new)
Article 27 – paragraph 6 – point d b (new)
(db) the applicant has submitted a subsequent application which clearly does not raise any relevant new elements with respect to his/her particular circumstances or to the situation in his/her country of origin; or
Amendment 228 #
Proposal for a directive
Article 27 – paragraph 6 – point d c (new)
Article 27 – paragraph 6 – point d c (new)
(dc) the applicant has failed without reasonable cause to make his/her application earlier, having had opportunity to do so; or
Amendment 230 #
Proposal for a directive
Article 27 – paragraph 6 – point f a (new)
Article 27 – paragraph 6 – point f a (new)
(fa) the applicant has failed without good reason to comply with his/her obligations to cooperate in the examination of the facts of his/her case and the establishment of his/her identity referred to in Article 4(1) and (2) of Directive […/../EC] [the Qualification Directive] or in Article 12(1) and (2)(a), (b) and (c) and Article 24(1) of this Directive; or
Amendment 231 #
Proposal for a directive
Article 27 – paragraph 6 – point f b (new)
Article 27 – paragraph 6 – point f b (new)
(fb) the applicant entered the territory of the Member State unlawfully or prolonged his/her stay unlawfully and, without good reason, has either not presented himself/herself to the authorities and/or filed an application for asylum as soon as possible, given the circumstances of his/her entry; or
Amendment 232 #
Proposal for a directive
Article 27 – paragraph 6 – point f c (new)
Article 27 – paragraph 6 – point f c (new)
(fc) the applicant may for serious reasons be considered a danger to the national security of the Member State, or the applicant has been forcibly expelled for serious reasons of public security and public order under national law.
Amendment 235 #
Proposal for a directive
Article 27 – paragraph 9
Article 27 – paragraph 9
9. The fact that an application for international protection was submitted after an irregular entry into the territory or at the border, including in transit zones, as well as the lack of documents orn entry or the use of forged documents, shall not per se entail an automatic recourse to an accelerated examination procedure.
Amendment 253 #
Proposal for a directive
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. For the purpose of taking a decision on the admissibility of an application for international protection pursuant to Article 29 (2) (d), Member States may apply a specific procedure as referred to in paragraph 3 of this Article , where a person makes a subsequent application for international protection:
Amendment 254 #
Proposal for a directive
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) after his/her previous application has been withdrawn by virtue of Article 23 or 24 or he/she has decided not to pursue the procedure;
Amendment 259 #
Proposal for a directive
Article 35 – paragraph 8 – subparagraph 1 – introductory part
Article 35 – paragraph 8 – subparagraph 1 – introductory part
8. If, following a final decision to consider a subsequent application inadmissible pursuant to Article 29 (2) (d) or a final decision to reject a subsequent application as unfoundedafter the procedure relating to the initial application has been terminated pursuant to paragraph 2, the person concerned lodges a new application for international protection in the same Member State before a return decision has been enforced, and that new application does not lead to a further examination pursuant to this article, that Member State may:
Amendment 260 #
Proposal for a directive
Article 35 – paragraph 8 – subparagraph 1 – point b
Article 35 – paragraph 8 – subparagraph 1 – point b
(b) provide that the application be subjected to the admissibility procedure in accordance with this Article and Article 29; and/or
Amendment 262 #
Proposal for a directive
Article 36 – paragraph 2 – subparagraph 1 – point a a (new)
Article 36 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) set an appropriate period within which the applicant must submit the new information after learning thereof;
Amendment 263 #
Proposal for a directive
Article 36 – paragraph 2 – subparagraph 1 – point b
Article 36 – paragraph 2 – subparagraph 1 – point b
(b) permit the preliminary examination to be conducted on the sole basis of written submissions without a personal interview, with the exception of cases referred to in Article 35(7).
Amendment 265 #
Proposal for a directive
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) the substance of an application in an accelerated procedure pursuant to Article 27(6).
Amendment 272 #
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
4. By derogation to paragraphs 1, 2 and 3 of this Article, Member States may decide that the international protectionrefugee status shall lapse by law if the beneficiary of international protectionn case of cessation in accordance with Article 11(1)(a) to (d) of Directive […/../EC] (Qualification Directive) or if the refugee has unequivocally renounced his/her recognition as a beneficiary of international protectionrefugee.
Amendment 273 #
Proposal for a directive
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(ba) a decision not to further examine the subsequent application pursuant to Articles 35 and 36;
Amendment 276 #
Proposal for a directive
Article 41 – paragraph 5
Article 41 – paragraph 5
5. Without prejudice to paragraph 6, Member States shall lay down that the remedy provided for in paragraph 1 of this Article shall have the effect of allowing applicants to remain in the Member State concerned pending its outcome.
Amendment 279 #
Proposal for a directive
Article 41 – paragraph 6
Article 41 – paragraph 6
6. In the case of a decision: (a) taken in the accelerated procedure pursuant to Article 27 (6) and of a decision, (b) to consider an application manifestly unfounded pursuant to Article 27(7), (c) to consider an application inadmissible pursuant to Article 29 (2) (d), and(a) or (d), (d) not to further examine, pursuant to Chapter II of this Directive, the subsequent application pursuant to Articles 35 and 36, (e) to refuse to reopen the examination of an application after its discontinuation pursuant to Articles 23 and 24, (f) in the procedure pursuant to Article 37, (g) not to conduct an examination pursuant to Article 38, where the right to remain in the Member State pending the outcome of the remedy is not foreseen under national legislation, a court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the Member State, either uponat the request of the concerned applicant or acting on its own motion. This paragraph shall not apply to procedures referred to in Article 37. – if national legislation provides for this – acting on its own motion.
Amendment 281 #
Proposal for a directive
Article 41 – paragraph 7
Article 41 – paragraph 7
7. Member States shall allow the applicant to remain in the territory pending the outcome of the procedure referred to in paragraph 6. ; an exception may apply for subsequent applications which do not lead to a further examination pursuant to Articles 35 and 36, if a return decision pursuant to Article 3(4) of Directive 2008/11/EC has been taken, and for decisions in the procedure pursuant to Article 38 if this is provided for in national legislation.
Amendment 282 #
Proposal for a directive
Article 41 – paragraph 9
Article 41 – paragraph 9
9. Member States shallmay lay down time- limits for the court or tribunal pursuant to paragraph 1 to examine the decision of the determining authority.
Amendment 283 #
Proposal for a directive
Article 45
Article 45
No later than […], the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send the Commission all the information that is appropriate for drawing up this report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every fivetwo years.