28 Amendments of Tanja FAJON related to 2016/0222(COD)
Amendment 139 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘'family members’': means family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29the following members of the applicant's family who are present on the territory of the Member States - the spouse of the applicant or his or her unmarried partner in a stable relationship where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals, - the minor children of couples referred to in the first indent or of the applicant... and regardless whether they were born out of wedlock or adopted as defined or recognised under national law, - when the applicant is a minor..., the father, mother or another adult responsible for the applicant, whether by law or by practice of the Member State where the adult is present, - the sibling or siblings of the applicant; OJ C […], […], p. […].
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, impaired persons, lesbian, gay, bisexual, trans- and intersex persons, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder (PTSD) and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual or gender-based violence, such as victims of female genital mutilation.
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 155 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their depending close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.
Amendment 156 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall inform applicants, as soon as possible and at the latest when they are lodgmaking their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]in relation to reception conditions.
Amendment 164 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection, or on the sole basis of an applicant’s nationality.
Amendment 179 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shall where necessarmay decide on the residence of an applicant in a specific place for any of the following reasons:
Amendment 185 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 206 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States shallmay, where necessary and proportionate, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding. Such a decision shall be taken in writing and be subject to judicial review. Such judicial review shall be carried out ex-officio if it is maintained for a period of longer than two months.
Amendment 211 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area and to reside elsewhere. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.
Amendment 228 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on sole basis of an applicants' nationality.
Amendment 299 #
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 6two 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 303 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation]established that the applicant has no right to international protection, access to the labour market shall not be granted.
Amendment 307 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 330 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 346 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses Member States shall provide applicants effective access to language courses free of charge from the date when the application for international protection was made.
Amendment 347 #
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Vocational training Member States may allow applicants access to vocational training irrespective of whether they have access to the labour market. Access to vocational training relating to an employment contract shall depend on the extent to which the applicant has access to the labour market in accordance with Article 15.
Amendment 365 #
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 observefully respect the principle of proportionality. Member States shall also 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 398 #
Proposal for a directive
Article 17a – paragraph 1
Article 17a – paragraph 1
Amendment 400 #
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
Amendment 405 #
Proposal for a directive
Article 17a – paragraph 3
Article 17a – paragraph 3
Amendment 449 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall take into account the specific situation of applicants with special reception needs, as defined in Article 2, in the national law implementing this Directive. Member States shall systematically assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. Member States shall also ensure that applicants can indicate themselves that they have special needs and that these indications are assessed. That assessment shall be integrated into the assessment referred to in [the Asylum Procedures Regulation], which may take place within existing national procedures. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 457 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
That assessment shall be initiated as early as possible, and no later than 30 days, after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 486 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary qualifications and expertise to that end and shall not have a verified record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 489 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionalimited number of not more than 20 unaccompanied minors at the same time that would render him or her uno ensure that the guardian is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.
Amendment 497 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that persons who have been subjected to sexual and gender-based harmviolence, other forms bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence areceive the necessary treatment provided with holistic rehabilitation services for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to that support shall be as early as possible after a victim has been identified.
Amendment 500 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those working with victims of gender-based harm, torture, rape or other serious acts of violencepsychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods, and shall be bound by the confidentiality rules provided for in national law and professional ethics codes, in relation to any information they obtain in the course of their work.
Amendment 524 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.