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Pact instrument: Procedures Regulation

Procedures Regulation:
Article 5 – Assistance to competent authorities

Without prejudice to Article 4(7) and (8), at the request of the Member State, competent authorities identified under Article 4 may, for the purpose of receiving and registering applications for international protection and of facilitating the examination of applications, including with regard to the personal interview, be assisted by: (a) experts deployed by the European […]

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Procedures Regulation:
Article 21 – Applicants in need of special procedural guarantees

1. Where applicants have been identified as being in need of special procedural guarantees, they shall be provided with the necessary support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection. 2. Where the determining authority, including on the basis […]

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Procedures Regulation:
Article 37 – Rejection of an application and issuance of a return decision

Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shall issue a return decision that respects and that is in accordance with the principle of non-refoulement. Where a return decision or another decision imposing the […]

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Procedures Regulation:
Article 53 – Exceptions to the asylum border procedure

1. The border procedure shall be applied to unaccompanied minors only in the circumstances referred to in Article 42(3), point (b). Where there is doubt as to the applicant’s age, the competent authorities shall promptly carry out an age assessment in accordance with Article 25. 2. Member States shall not apply or shall cease to […]

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Procedures Regulation:
Article 69 – Duration of the first level of appeal

Without prejudice to an adequate and complete examination of an appeal, Member States shall lay down in their national law reasonable time limits for the court or tribunal to examine decisions in accordance with Article 67(1). Correlation table Directive 2013/32/EU This Regulation Article 46(10) Article 69 Article 46(11) —

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Procedures Regulation:
Recital 2

A common policy on asylum based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (the ‘Geneva Convention’), is a constituent part of the European Union’s objective of establishing progressively an area of […]

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Procedures Regulation:
Recital 18

The relevant staff of the competent authorities of Member States as well as the medical practitioner or psychologist assessing the need for special procedural guarantees should be adequately trained to detect signs of vulnerability of applicants who may need special procedural guarantees and address those needs when identified.

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Procedures Regulation:
Recital 34

This Regulation should provide for the possibility that applicants lodge an application on behalf of adults requiring assistance to exercise legal capacity, and of minors where under national law they do not have the legal capacity to lodge an application in their own name. The joint examination of those applications should be allowed.

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Procedures Regulation:
Recital 50

The concepts of first country of asylum and safe third country should not be applied in respect of an applicant who applies and is entitled to benefit, in the Member State that examines the application, from the rights set out in Council (11) or of the European Parliament and of the Council (12) as family […]

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Procedures Regulation:
Recital 66

Given that certain facilities might be at locations with difficult accessibility, Member States should ensure adequate access for staff working in such facilities.

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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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