Recasting the Dublin system – the 3 December 2008 Commission proposal (COM(2008) 825 final) – major suggestions
{"Image DocumentName": "Recasting the Dublin system \u2013 the 3 December 2008 Commission proposal (COM(2008) 825 final) \u2013 major suggestions", "Image ImageDescription": "Legal safeguards for the persons: adoption of a common information leaflet to be used across the MS. the right to appeal against a transfer decision, together with the obligation for the competent authorities to decide within 7 days whether or not its enforcement should be suspended and to allow the person remain. Detention: 12 new paras trying to limit the practice, by giving possible grounds, requiring that it be shortest period possible, regularly reviewed by courts, etc (along the lines of the rules in the reception directive) enhanced rules on guaranteeing effective access to the asylum procedure. Family unity, sovereignty clause and humanitarian clause. Unity with beneficiaries of subsidiary protection. Making compulsory unity with dependent relative (not just humanitarian clause) Extend family to non-dependent minor and married minor children and to minor siblings. Sovereignty and humanitarian clauses brought together as \u201ediscretionary clauses mainly with humanitarian focus. Their application is dependent on consent of the applicant. Unaccompanied minors. Rules on \u201ebest interest , wider unification entitlements. Old text: This decision may be subject to an appeal or a review. Appeal or review. concerning this decision shall not suspend the implementation of the transfer except. when the courts or competent bodies so decide in a case-by-case basis if the national. legislation allows for this. New text: Article 26. Remedies. 1. The applicant or another person as referred to in Article 18(1)(d) shall have the right to an effective judicial remedy, in the form of an appeal or a review, in fact and in law, of the transfer decision referred to in Article 25, before a court or tribunal. 2. Member States shall provide for a reasonable period of time within which the person concerned may exercise his/her right to an effective judicial remedy pursuant to paragraph Article 27. Detention. 1. Member States shall not hold a person in detention for the sole reason that he/she is an applicant for international protection in accordance with Directive 2005/85/EC. 2. Without prejudice to Article 8(2) of Directive [\u2026/\u2026/EC] [laying down minimum standards for the reception of asylum seekers], when it proves necessary, on the basis of an individual assessment of each case, and if other less coercive measures cannot be applied effectively, Member States may detain an asylum-seeker or another person as referred to in Article 18(1)(d), who is subject of a decision of transfer to the responsible Member State, to a particular place only if there is a significant risk of him/her absconding.", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}