15 Amendments of Lorenzo FONTANA related to 2016/0223(COD)
Amendment 105 #
Proposal for a regulation
Recital 1
Recital 1
(1) A number of substantive changes are needs to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31 OJ L 337, 20.12.2011, p. 9.
Amendment 108 #
Proposal for a regulation
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member Statsylum policies should be governed by the principle of solidarity and fair sharing of responsibility, including their financial implications, between the Member States, but the EU's experience in this sector up to now has been a failure. Relocations, the disappearance of tens of thousands of children, the increasing number of deaths in the Mediterranean and growing social tension are the result of the inadequacy of EU policies.
Amendment 112 #
Proposal for a regulation
Recital 3
Recital 3
(3) The CEAS ishould be based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences are important drivers of secondary movements and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Unionits failures to date, the EU is persisting with policies that constantly penalise the countries of first arrival.
Amendment 122 #
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status revtowards a radical change of the entire immigration policy; to that end, return policiews should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonisedare entitled to it.
Amendment 138 #
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in newho are entitled tof international protection and, on the other hand, to ensure that a common set of rights is available for those persons in all Member States.
Amendment 139 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 149 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter). In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, rights of the child, social security and social assistance, health care, and should therefore be implemented accordingly.
Amendment 165 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member Statemust refer to the legal system of the host country.
Amendment 172 #
Proposal for a regulation
Recital 20
Recital 20
(20) Standards for the definition and content ofTo date, in actual fact, the EU and many Member States have failed to respect the standards that define refugee status, should be laid down to guide the competent national bodies of Member States in the application of the Geneva Convince, in Europe, as empirically evidenced by the case of Italy, the vast majority of the people admitted are not refugees but economic migrants, who subsequently remain on EU territory and fuel social tentsions.
Amendment 173 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 182 #
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.
Amendment 382 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) parties or terrorist organisations controlling the State or a substantial part of the territory of the State;
Amendment 432 #
(b) the concept of religion shall, in particular, include religious faith (as demonstrated by the persecution of Christians in Africa and the Middle East), the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief;
Amendment 704 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Beneficiaries of international protection shall have the right to engage in employed or self-employed activities subject to the rules generally applicable to the profession and to the public service, immediately after protection has been grantedand the duty, in the same way as all citizens living in host countries, to seek work in an employed or self-employed capacity.
Amendment 752 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Beneficiaries of international protection shall have access to accommodation under the conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States who are in a comparable situationlaid down by the host country.