Activities of Nadja HIRSCH related to 2009/0164(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (recast) PDF (339 KB) DOC (391 KB)
Amendments (11)
Amendment 18 #
Proposal for a directive
Recital 17
Recital 17
(17) The "best interests of the child" should be a primary consideration of Member States, when implementing the provisions of this Directive, and in line with the 1989 United Nations Convention on the Rights of the Child. When assessing the best interests of the minors, Member States should in particular take account of factors such as the preservation of family life, giving the possibility of family reunification in the case of separated minors if this is in their best interest; the minor's well-being and social development, taking into consideration the minor's ethnic, cultural, linguistic and religious background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education; safety and security considerations, especially if there is a risk of the minor being a victim of any form of violence and exploitation, including human trafficking; and the views of the minor, with due weight being given to such views according to the minor's age and maturity.
Amendment 36 #
Proposal for a directive
Article 2 – point j – introductory part
Article 2 – point j – introductory part
(j) "family members" means, in so far as the family already existed in the country of origin, the following members of the family of the beneficiary of internationalrefugee or subsidiary protection status who are present in the same Member State in relation to the application for international protection:
Amendment 37 #
Proposal for a directive
Article 2 – point j – indent 1
Article 2 – point j – indent 1
– the spouse of the beneficiary of internationalrefugee or subsidiary protection status or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to aliens;
Amendment 38 #
Proposal for a directive
Article 2 – point j – indent 2
Article 2 – point j – indent 2
– the minor children of the couples referred to in the first indent or of the beneficiary of internationalrefugee or subsidiary protection status, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under the national law;
Amendment 71 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The "best interests of the child" shall be a primary consideration ofor Member States when implementing the provisions of this Chapter that involve minors. Directive and in line with the 1989 United Nations Convention on the Rights of the Child. When assessing the best interests of the minors, Member States shall in particular take account of the following factors: a) preservation of family life, giving the possibility of family reunification in the case of separated minors if this is in their best interest; b) the minor's well-being and social development, taking into consideration the minor's ethnic, cultural, linguistic and religious background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education; c) safety and security considerations, especially if there is a risk of the minor being a victim of any form of violence and exploitation, including human trafficking; d) the views of the minor, with due weight being given to such views according to the minor's age and maturity.
Amendment 75 #
Proposal for a directive
Article 22
Article 22
Member States shall provide beneficiaries of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language that they areunderstand or may reasonably supposbe presumed to understand, on the rights and obligations relating to that status.
Amendment 77 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that family members of the beneficiary of internationalrefugee or subsidiary protection status, who do not individually qualify for this protection such status, are entitled to claim the benefits referred to in Articles 24 to 34, in accordance with national procedures and as far as it is compatible with the personal legal status of the family member. In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may define the conditions applicable to such benefits. In these cases, Member States shall ensure that any benefits which are provided guarantee an adequate standard of living.
Amendment 79 #
Proposal for a directive
Article 24 – subparagraph 1
Article 24 – subparagraph 1
As soon as possible after their status has been granted, Member States shall issue to beneficiaries of internationalrefugee or subsidiary protection status a residence permit which must be valid for at least three years and renewable unless compelling reasons of national security or public order otherwise require, and without prejudice to Article 21(3).
Amendment 92 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that beneficiaries of internationalrefugee or subsidiary protection status receive, in the Member State that has granted such protection, the necessary social assistance, as provided to nationals of that Member State.
Amendment 95 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. By way of exception to the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same levels and under the same eligibility conditions as they are to nationals
Amendment 104 #
Proposal for a directive
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Those integration programmes could include introduction programmes and language training tailored as far as possible to the needs of beneficiaries of international protectionLanguage training shall be provided by the Member States in order to facilitate integration. Member States shall also be encouraged to develop training programmes about the fundamental laws and core values of the Member State of residence and the principle of democracy, human rights and equality, as well as the individual rights and obligations in that Member State.