natgillin/translations-raw huggingface dataset:
His duties are clearly defined and he is given powers making him a full partner in the return process.
His duties are clearly defined and he is given powers making him a full partner in the return process.
In order to achieve the objectives of the draft directive, practical implementation must remain a matter for the national authorities.
In order to achieve the objectives of the draft directive, practical implementation must remain a matter for the national authorities.
The rapporteur therefore considers the following amendments to be a substantial improvement on the existing situation.
The rapporteur therefore considers the following amendments to be a substantial improvement on the existing situation.
The risk of absconding, which gives rise to temporary custody, has been clearly defined.
The risk of absconding, which gives rise to temporary custody, has been clearly defined.
If there is a threat to public security, there must be the possibility of temporary custody.
If there is a threat to public security, there must be the possibility of temporary custody.
The European re-entry ban can be extended if the threat to public security continues to exist.
The European re-entry ban can be extended if the threat to public security continues to exist.
A European re-entry ban only makes sense if the authorities concerned are aware of it.
A European re-entry ban only makes sense if the authorities concerned are aware of it.
Consequently, it must be recorded in the SIS and VIS.
Consequently, it must be recorded in the SIS and VIS.
This not only provides mutual information for Member States but also eases the workload and is a practical improvement for the authorities involved.
This not only provides mutual information for Member States but also eases the workload and is a practical improvement for the authorities involved.
The objective and title of the Directive is the return of illegal residents.
The objective and title of the Directive is the return of illegal residents.
Consequently, it is proposed that existing border procedures should be excluded from the directive.
Consequently, it is proposed that existing border procedures should be excluded from the directive.
Border procedures involve establishing whether or not a person may enter and the outcome of a negative decision is non-admission, which has nothing to do with return policy.
Border procedures involve establishing whether or not a person may enter and the outcome of a negative decision is non-admission, which has nothing to do with return policy.
For the reasons outlined above, and because the rapporteur feels that a common harmonised return process provides added value to Europe as a whole and for all those involved, he supports the Commission proposal for the introduction of the directive.
For the reasons outlined above, and because the rapporteur feels that a common harmonised return process provides added value to Europe as a whole and for all those involved, he supports the Commission proposal for the introduction of the directive.
The third-country nationals might undergo a temporary custody only if they go through a judicial process for crimes committed within the borders of the European Union and, in any case, with the same judicial and procedural guaranties provided to the EU citizens.
The third-country nationals might undergo a temporary custody only if they go through a judicial process for crimes committed within the borders of the European Union and, in any case, with the same judicial and procedural guaranties provided to the EU citizens.
Furthermore, we believe that 18 months of detention for migrants are useless, excessive and strongly affect the right to personal freedom, defended in the European Convention of Human Rights.
Furthermore, we believe that 18 months of detention for migrants are useless, excessive and strongly affect the right to personal freedom, defended in the European Convention of Human Rights.
18 months of detention for people who have not committed a crime means, de facto , the legitimation of a legal paradox.
18 months of detention for people who have not committed a crime means, de facto , the legitimation of a legal paradox.
A prolonged unjustified detention of people in terrible conditions such as those in some EU detention centres, visited by LIBE itself, should never been authorized by our EU legislation.
A prolonged unjustified detention of people in terrible conditions such as those in some EU detention centres, visited by LIBE itself, should never been authorized by our EU legislation.
Moreover, we consider extremely urgent a deep evaluation of the utility and the consequences of the detention of migrants in those centres.
Moreover, we consider extremely urgent a deep evaluation of the utility and the consequences of the detention of migrants in those centres.
on the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals
on the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals
The European Parliament has consistently and vigorously supported the full respect of human rights in all aspects of EU affairs.
The European Parliament has consistently and vigorously supported the full respect of human rights in all aspects of EU affairs.
It therefore expects the present proposal to be in line with the established principles and guidelines applying to EU legislation.
It therefore expects the present proposal to be in line with the established principles and guidelines applying to EU legislation.
The main focus of the present Opinion is to example its provisions in this light and where necessary to propose amendments which will strengthen the defence of human rights.
The main focus of the present Opinion is to example its provisions in this light and where necessary to propose amendments which will strengthen the defence of human rights.
The stated objective of the proposal at hand is "to provide for clear, transparent and fair common rules concerning return, removal, use of coercive measures, temporary custody and re-entry, which take into full account the respect for human rights and fundamental freedoms of the persons concerned."
The stated objective of the proposal at hand is "to provide for clear, transparent and fair common rules concerning return, removal, use of coercive measures, temporary custody and re-entry, which take into full account the respect for human rights and fundamental freedoms of the persons concerned."
As the Commission's Communication sets out, the proposal is based on extensive preparatory work over some years.
As the Commission's Communication sets out, the proposal is based on extensive preparatory work over some years.
However, the Communication gives no indication whatsoever of the dimensions of the issue.
However, the Communication gives no indication whatsoever of the dimensions of the issue.
It is important to put this measure in its proper context, by giving relevant statistics on the numbers returned in 2005 and on trends in recent years.
It is important to put this measure in its proper context, by giving relevant statistics on the numbers returned in 2005 and on trends in recent years.
In view of the European Parliament's longstanding support of international human rights norms, the integration of human rights and humanitarian considerations in the proposal is welcome.
In view of the European Parliament's longstanding support of international human rights norms, the integration of human rights and humanitarian considerations in the proposal is welcome.
The provision for a prior assessment of the conditions to which a child is likely to be returned is also an important innovation.
The provision for a prior assessment of the conditions to which a child is likely to be returned is also an important innovation.
The proposal is further to commended for providing that States may exercise discretion not to proceed with a forced return.
The proposal is further to commended for providing that States may exercise discretion not to proceed with a forced return.
The reference to the principle of non discrimination (Recital 17) is also welcome.
The reference to the principle of non discrimination (Recital 17) is also welcome.
The established position of the Parliament is also to support the principle that no one is to be returned to situation of danger.
The established position of the Parliament is also to support the principle that no one is to be returned to situation of danger.
The principle of non-refoulement is indeed codified in international human rights law, and is a binding requirement on the EU and its Member States.
The principle of non-refoulement is indeed codified in international human rights law, and is a binding requirement on the EU and its Member States.
It is important to bear in mind the wider political context.
It is important to bear in mind the wider political context.
Our foreign policy relations should incorporate strategies which reduce the incentive for illegal migration into the EU.
Our foreign policy relations should incorporate strategies which reduce the incentive for illegal migration into the EU.
Each individual forced returns entails contacts with the third country concerned; care must be taken to ensure that each case is handled in a cooperative spirit.
Each individual forced returns entails contacts with the third country concerned; care must be taken to ensure that each case is handled in a cooperative spirit.
The fact that this proposal affects the Schengen Agreement also means that the views of the states which are parties to Schengen but are not EU members should be duly taken into account.
The fact that this proposal affects the Schengen Agreement also means that the views of the states which are parties to Schengen but are not EU members should be duly taken into account.
Arrangements for consular and legal assistance and for translation facilities also merit close attention.
Arrangements for consular and legal assistance and for translation facilities also merit close attention.
Finally, consideration should be given to enhancing the existing references in the proposal to international legal standards.
Finally, consideration should be given to enhancing the existing references in the proposal to international legal standards.
The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:
The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:
(-1) The Charter of Fundamental Rights of the European Union, the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, the 1951 United Nations Convention relating to the Status of Refugees, as amended by the 1967 Protocol, and the 1989 United Nations Convention on the Rights of the Child all emphasise the fundamental importance of international human rights standards.
(-1) The Charter of Fundamental Rights of the European Union, the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, the 1951 United Nations Convention relating to the Status of Refugees, as amended by the 1967 Protocol, and the 1989 United Nations Convention on the Rights of the Child all emphasise the fundamental importance of international human rights standards.
These references are added in order to emphasise the fundamental importance of international human rights standards.
These references are added in order to emphasise the fundamental importance of international human rights standards.
Recital 18
Recital 18
(18) In line with the 1989 United Nations Convention on the Rights of the Child, the “best interests of the child” should be a primary consideration of Member States when implementing this Directive.
(18) In line with the 1989 United Nations Convention on the Rights of the Child, the “best interests of the child” should be a primary consideration of Member States when implementing this Directive.
In line with the European Convention on Human Rights, respect for family life should be a primary consideration of Member States when implementing this Directive.
In line with the European Convention on Human Rights, respect for family life should be a primary consideration of Member States when implementing this Directive.
(18) In line with the 1989 United Nations Convention on the Rights of the Child, the “best interests of the child” must be a primary consideration of Member States when implementing this Directive.
(18) In line with the 1989 United Nations Convention on the Rights of the Child, the “best interests of the child” must be a primary consideration of Member States when implementing this Directive.
In line with the European Convention on Human Rights, respect for family life must be a primary consideration of Member States when implementing this Directive.
In line with the European Convention on Human Rights, respect for family life must be a primary consideration of Member States when implementing this Directive.
This is intended to emphasise the importance of the best interests of the child.
This is intended to emphasise the importance of the best interests of the child.
This Directive sets out common standards and procedures to be applied in Member States for returning illegally staying third-country nationals , in accordance with fundamental rights as general principles of Community law as well as international law, including refugee protection and human rights obligations.
This Directive sets out common standards and procedures to be applied in Member States for returning illegally staying third-country nationals , in accordance with fundamental rights as general principles of Community law as well as international law, including refugee protection and human rights obligations.
This Directive sets out common standards and procedures to be applied in Member States for returning third-country nationals who do not fulfil, or who no longer fulfil, the conditions of legal stay , in accordance with fundamental rights as general principles of Community law as well as international law, including refugee protection and human rights obligations.
This Directive sets out common standards and procedures to be applied in Member States for returning third-country nationals who do not fulfil, or who no longer fulfil, the conditions of legal stay , in accordance with fundamental rights as general principles of Community law as well as international law, including refugee protection and human rights obligations.
Article 2, paragraph 1, point (b)
Article 2, paragraph 1, point (b)
(b) who are otherwise illegally staying in the territory of a Member State.
(b) who are otherwise illegally staying in the territory of a Member State.
(b) who for other reasons do not fulfil, or no longer fulfil, the conditions of legal stay in the territory of a Member State.
(b) who for other reasons do not fulfil, or no longer fulfil, the conditions of legal stay in the territory of a Member State.
Article 3, point (b)
Article 3, point (b)
(b) ‘illegal stay’ means the presence on the territory of a Member State , of a third-country national who does not fulfil, or no longer fulfils the conditions for stay or residence in that Member State;
(b) ‘illegal stay’ means the presence on the territory of a Member State , of a third-country national who does not fulfil, or no longer fulfils the conditions for stay or residence in that Member State;
(b) ‘illegal stay’ means the presence on the territory of a Member State of third-country nationals who do not fulfil, or who no longer fulfil, the conditions for legal stay in that Member State;
(b) ‘illegal stay’ means the presence on the territory of a Member State of third-country nationals who do not fulfil, or who no longer fulfil, the conditions for legal stay in that Member State;
When implementing this Directive, Member States shall take due account of the nature and solidity of the third country national's family relationships, the duration of his stay in the Member State and of the existence of family, cultural and social ties with his country of origin.
When implementing this Directive, Member States shall take due account of the nature and solidity of the third country national's family relationships, the duration of his stay in the Member State and of the existence of family, cultural and social ties with his country of origin.
They shall also take account of the best interests of the child in accordance with the 1989 United Nations Convention on the Rights of the Child .
They shall also take account of the best interests of the child in accordance with the 1989 United Nations Convention on the Rights of the Child .
In accordance with the 1989 United Nations Convention on the Rights of the Child, the best interests of the child shall be a primary consideration.
In accordance with the 1989 United Nations Convention on the Rights of the Child, the best interests of the child shall be a primary consideration.
Article 8, paragraph 2, point (c a) (new)
Article 8, paragraph 2, point (c a) (new)
(ca) refusal by the country to which the third-country national is to be transported to receive him.
(ca) refusal by the country to which the third-country national is to be transported to receive him.
Member States shall provide, upon request, a written or oral translation of the main elements of the return decision and/or removal order in a language the third-country national may reasonably be supposed to understand .
Member States shall provide, upon request, a written or oral translation of the main elements of the return decision and/or removal order in a language the third-country national may reasonably be supposed to understand .
Member States shall provide, upon request, a written or oral translation of the main elements of the return decision and/or removal order in a language the third-country national understands .
Member States shall provide, upon request, a written or oral translation of the main elements of the return decision and/or removal order in a language the third-country national understands .
This is intended to ensure that relevant information and decisions are communicated in a language that the individual concerned understands.
This is intended to ensure that relevant information and decisions are communicated in a language that the individual concerned understands.
Member States shall ensure that third-country nationals under temporary custody are treated in a humane and dignified manner with respect for their fundamental rights and in compliance with international and national law.
Member States shall ensure that third-country nationals under temporary custody are treated in a humane and dignified manner with respect for their fundamental rights and in compliance with international and national law.
Upon request they shall be allowed without delay to establish contact with legal representatives, family members and competent consular authorities as well as with relevant international and non-governmental organisations.
Upon request they shall be allowed without delay to establish contact with legal representatives, family members and competent consular authorities as well as with relevant international and non-governmental organisations.
They shall be advised of their entitlements as regards contact with legal representatives, family members and competent consular authorities , and upon request shall be allowed without delay to establish contact with those persons, as well as with relevant international and non-governmental organisations.
They shall be advised of their entitlements as regards contact with legal representatives, family members and competent consular authorities , and upon request shall be allowed without delay to establish contact with those persons, as well as with relevant international and non-governmental organisations.
The requirement to advise individuals of entitlements to consular and legal assistance should be specified.
The requirement to advise individuals of entitlements to consular and legal assistance should be specified.
Article 15, paragraph 3
Article 15, paragraph 3
Particular attention shall be paid to the situation of vulnerable persons.
Particular attention shall be paid to the situation of vulnerable persons.
Member States shall ensure that minors are not kept in temporary custody in common prison accommodation.
Member States shall ensure that minors are not kept in temporary custody in common prison accommodation.
Unaccompanied minors shall be separated from adults unless it is considered in the child's best interest not to do so.
Unaccompanied minors shall be separated from adults unless it is considered in the child's best interest not to do so.
Detention shall be a measure of last resort only and shall be for the shortest time possible.
Detention shall be a measure of last resort only and shall be for the shortest time possible.
This is to emphasise an important legal principle.
This is to emphasise an important legal principle.
In keeping with the recognition of the best interests of the child, the principle should be underlined that children should not be held in detention unless there are compelling reasons to do so .
In keeping with the recognition of the best interests of the child, the principle should be underlined that children should not be held in detention unless there are compelling reasons to do so .
Article 17, paragraph 1
Article 17, paragraph 1
The Commission shall periodically report to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments.
The Commission shall periodically report to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments.
Such reports shall include details of the numbers and nationalities of people who have been the subject of forced returns.
Such reports shall include details of the numbers and nationalities of people who have been the subject of forced returns.
Detailed statistical information on both the current dimensions of the problem and the trends seen in recent years is necessary to allow assessment of the effectiveness of policy measures in this area, and can also be used towards cost-benefit analyses.
Detailed statistical information on both the current dimensions of the problem and the trends seen in recent years is necessary to allow assessment of the effectiveness of policy measures in this area, and can also be used towards cost-benefit analyses.
Proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals
Proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals
AFET 29.9.2005
AFET 29.9.2005
Panagiotis Beglitis 19.10.2005
Panagiotis Beglitis 19.10.2005