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Pact instrument: Procedures Regulation

Procedures Regulation:
Recital 92

Applicants should, in principle, have the right to remain on the territory of a Member State until the time limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time limit, pending the outcome of the appeal. It is only in […]

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Procedures Regulation:
Recital 108

This Regulation respects the fundamental rights and observes the principles recognised in particular by . In particular, this Regulation seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 8, 18, 19, 21, 23, 24, and 47 of ,

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Procedures Regulation:
Article 16 – Free legal counselling in the administrative procedure

1. Member States shall, at the request of the applicant, provide free legal counselling in the administrative procedure provided for in Chapter III. For the purposes of the first subparagraph, effective access to free legal counselling may be assured by entrusting a person with the provision of legal counselling in the administrative stage of the […]

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Procedures Regulation:
Article 32 – Applications on behalf of accompanied minors

1. An accompanied minor shall have the right to lodge an application in his or her own name where he or she has legal capacity in accordance with the national law of the Member State concerned. Where the accompanied minor does not have legal capacity in accordance with the national law of the Member State […]

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Procedures Regulation:
Article 48 – Measure applicable where the adequate capacity of a Member State is reached

1. When the number of applicants that are subject to the asylum border procedure in a Member State at any given moment, in combination with the number of persons subject to a return border procedure established pursuant to or, where applicable, an equivalent return border procedure established under national law, is equal to or exceeds […]

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Procedures Regulation:
Article 64 – Designation of third countries as safe third country or safe country of origin at national level

1. Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level for the purpose of examining applications for international protection. 2. Where the designation of a third country as a safe third country or as a […]

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Procedures Regulation:
Recital 13

In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to the procedure, the opportunity to cooperate fully and properly communicate with the competent authorities […]

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Procedures Regulation:
Recital 29

The lodging of the application is the act that formalises the application for international protection. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is required […]

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Procedures Regulation:
Recital 45

Member States should have the possibility to reject an application as inadmissible for instance when a country which is not a Member State is considered to be a first country of asylum or a safe third country for the applicant or when an international court or tribunal has provided safe relocation to the applicant to […]

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Procedures Regulation:
Recital 61

Pursuant toChapter IV of , Member States providing reception facilities for carrying out the asylum border procedure are under an obligation to take into account the special situation and needs of vulnerable persons, including minors, persons with a disability and elderly people. Consequently, such persons should only be admitted to a border procedure in the […]

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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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