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Pact instrument: Procedures Regulation

Procedures Regulation:
Recital 51

When assessing whether the criteria for effective protection as set out in this Regulation are met by a third country, access to means of subsistence sufficient to maintain an adequate standard of living should be understood as including access to food, clothing, housing or shelter and the right to engage in gainful employment, for example […]

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Procedures Regulation:
Recital 67

The best interests of the child should be a primary consideration for Member States when applying the provisions of this Regulation that possibly affect minors. In this context, and given the special reception needs of minors, where the border procedure is applied and the number of applicants at a given moment exceeds the number which […]

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Procedures Regulation:
Recital 83

The Commission should continuously review the situation in that third country taking into account inter alia information provided by the Member States and the Asylum Agency regarding subsequent changes in the situation of that third country. Moreover, in this case, the Commission should propose an amendment in accordance with the ordinary legislative procedure to remove […]

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Procedures Regulation:
Recital 99

Any processing of personal data by the Asylum Agency within the framework of this Regulation should be conducted in accordance with of the European Parliament and of the Council (20), as well as and it should, in particular, respect the principles of necessity and proportionality. 20. Regulation (EU) 2018/1725 of the European Parliament and of […]

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Procedures Regulation:
Article 7 – Confidentiality principle

1. The authorities applying this Regulation shall be bound by the principle of confidentiality in relation to any personal information they acquire in the performance of their duties, including any exchange of information in accordance with Union or national law which is relevant for the application of this Regulation between authorities of the Member States. […]

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Procedures Regulation:
Article 23 – Special guarantees for unaccompanied minors

1. The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from the rights and comply with the obligations under this Regulation, , and . 2. Where an application is made by a person who claims to be a minor, or in […]

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Procedures Regulation:
Article 39 – Decision on the merits of an application

1. An application shall not be examined on the merits where: (a) another Member State is responsible in accordance with ; (b) an application is rejected as inadmissible in accordance with Article 38 or; (c) an application is explicitly or implicitly withdrawn, without prejudice to Article 40(4) and Article 41(5). 2. When examining an application […]

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Procedures Regulation:
Article 55 – Subsequent applications

1. An application made where a final decision on a previous application by the same applicant has not yet been taken shall be considered to be a further representation and not a new application. That further representation shall be examined in the Member State responsible in the framework of the ongoing examination in the administrative […]

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Procedures Regulation:
Article 71 – Cooperation

1. Each Member State shall appoint a national contact point in relation to the matters covered by this Regulation and send its address to the Commission. The Commission shall send that information to the other Member States. 2. Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and […]

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Procedures Regulation:
Recital 4

In its communication of 6 April 2016‘Towards a Reform of the Common European Asylum System and Enhancing Legal Avenues to Europe’, the Commission set out priority areas where the should be structurally improved, namely the establishment of a sustainable and fair system for determining the Member State responsible for examining an application for international protection, […]

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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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