Traduction de «Discretionary clause the Dublin Regulation » (Anglais → Français) :

discretionary clause of the Dublin Regulation

Dublin Regulation | Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national | Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person

Dublin transfer | transfer under the Dublin Regulation

An Act to Consolidate and Regulate the General Clauses Relating to Rail Ways

9. Calls for an urgent review of the Dublin Regulation by establishing a permanent EU-wide legally binding system of distribution of asylum seekers between the Member States, based on fair, compulsory allocation, while taking into account the needs and preferences of asylum seekers themselves; suggests that a system under which asylum seekers could apply for asylum in a Member State where they already have family ties, community links or better employment prospects would significantly improve their integration prospects; considers also that such a system would significantly reduce irregular secondary movements within the EU and the nee ...[+++]d for coercive measures such as the detention of asylum seekers for the purpose of transferring them back to the Member State responsible; calls on the Commission, furthermore, to put forward proposals to allow the mutual recognition of positive asylum decisions, the transfer of international protection status within the EU and the creation of the Common European Asylum Service; urges the Member States, in the meantime, to apply the provisions in the Dublin Regulation without restrictive interpretation, in accordance with the principle of solidarity and fundamental rights, such as those relating to unaccompanied children, family reunification and discretionary clauses; welcomes the fact that Germany is applying the Dublin Regulation’s sovereignty clause to Syrian refugees so that they can stay in Germany instead of being sent back to the Member State of arrival; encourages other Member States to follow this example;

5. Deplores the fact that the European Council has failed to implement the initiatives proposed by the Commission in its Agenda on Migration of 13 May 2015 by setting up a credible, EU-wide binding mechanism for solidarity which would encompass a compulsory resettlement scheme together with emergency relocations between Member States; considers it essential in the long term, in this context, to proceed to review and then overhaul the Dublin Regulation by way of EU-wide binding, permanent and compulsory relocation coupled with a fair redistribution mechanism; urges the Member States, in the meantime, to make full use of the criteria pro ...[+++]vided for in the Dublin III Regulation, such as the clauses concerning unaccompanied children and family reunification and the discretionary clauses, thereby ensuring common European standards under existing legislation;

6. Deplores the fact that the European Council failed to set up a credible EU-wide binding mechanism for solidarity which would encompass a compulsory resettlement scheme along with emergency relocations between Member States. In this context, it is essential to proceed to revise the Dublin III Regulation and create a fair distribution quota between the Member States, based on GDP, size and population, unemployment rates, the number of refugees already present and, to a certain extent, their personal choices; urges the Member States, in the meantime, to fully use the criteria provided for in the Dublin III ...[+++]Regulation, such as the unaccompanied children, family reunification and discretionary clauses;

23. Calls on the Member States, for the time being, to effectively use the full potential of the Dublin Regulation to show solidarity, including the clauses relating to family reunification and unaccompanied minors and the discretionary clause;