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Category: Recitals

Recitals set out the reasons for the contents of the enacting terms

Procedures Regulation:
Recital 75

As long as an applicant can show good cause, the lack of documents on entry or the use of forged documents should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure.

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Procedures Regulation:
Recital 91

For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, all effects of the return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory […]

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Procedures Regulation:
Recital 107

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the and to the , Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

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Qualification Regulation:
Recital 15

When applying this Regulation the best interests of the child should be a primary consideration, in accordance with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States’ authorities should, in particular, take due account of the principle of family unity, and the minor’s […]

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Qualification Regulation:
Recital 31

In particular, it is necessary to introduce common concepts of protection needs arising sur place, sources of harm and protection, internal protection and persecution, including the reasons for persecution.

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Qualification Regulation:
Recital 47

Committing a political crime is not, in principle, a ground justifying exclusion from refugee status. However, particularly cruel actions, where the action in question is disproportionate to the alleged political objective, and terrorist acts which are characterised by their violence, even if committed with a purportedly political objective, should be regarded as serious non-political crimes […]

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Qualification Regulation:
Recital 63

Where the refugee status or the subsidiary protection status ceases to exist, the decision by the determining authority of a Member State to withdraw the status does not prevent the third-country national or stateless person concerned from applying for residence on the basis of grounds other than those which justified the granting of international protection […]

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Reception Directive:
Recital 1

A number of amendments are to be made to Directive 2013/33/EU of the European Parliament and of the Council (4). In the interests of clarity, that Directive should be recast. 4. Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international […]

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Reception Directive:
Recital 17

Member States should be able to freely organise their reception systems. As part of that organisation, Member States should be able to allocate applicants to accommodation within their territory in order to manage their asylum and reception systems. Member States should also be able to put in place mechanisms for assessing and addressing the needs […]

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Reception Directive:
Recital 33

In order to better ensure the physical and psychological integrity of applicants, detention should be a measure of last resort and it should only be possible to detain applicants after all non-custodial alternative measures to detention have been duly examined. The obligation to examine those alternative measures should not prejudge the use of detention where […]

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Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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