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Pact instrument: Procedures Regulation

Procedures Regulation:
Recital 20

Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support in order to create the conditions necessary for the genuine and effective access to procedures. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or of a border procedure, […]

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Procedures Regulation:
Recital 36

In order to ensure that the processing of applications for international protection are carried out with due regard to the rights of the child, specific child-sensitive procedural safeguards and special reception conditions are to be provided to minors. Where, following statements by an applicant, there are grounds for doubting as to whether or not an […]

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Procedures Regulation:
Recital 52

In order for Member States to be able to reject an application as inadmissible on the basis of the concepts of first country of asylum or safe third country, an individual assessment of the particular circumstances of the applicant should be carried out, including of any elements submitted by the applicant explaining why those concepts […]

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Procedures Regulation:
Recital 68

The duration of the border procedure for the examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks, including the determination of the Member State responsible. Member States should be […]

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Procedures Regulation:
Recital 84

When the period of validity of the delegated act and its extensions expires, without a new delegated act being adopted, the designation of the third country as safe third country or safe country of origin at Union level should no longer be suspended. This should be without prejudice to any proposed amendment for the removal […]

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Procedures Regulation:
Recital 100

Any personal data collected upon registration or lodging of an application for international protection and during the personal interview should be considered to be part of the applicant’s file and it should be kept for a sufficient number of years since third-country nationals or stateless persons who request international protection in one Member State may […]

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Procedures Regulation:
Article 8 – General guarantees for applicants

1. During the administrative procedure referred to in Chapter III applicants shall enjoy the guarantees set out in paragraphs 2 to 6 of this Article. 2. The determining authority or, where applicable, other competent authorities or organisations tasked by Member States for that purpose shall inform applicants, in a language which they understand or are […]

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Procedures Regulation:
Article 24 – Medical examination

1. Where the determining authority deems it relevant for the examination of an application for international protection, it shall, subject to the applicant’s consent, request a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm and be informed of results thereof. 2. In the case of a […]

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Procedures Regulation:
Article 40 – Explicit withdrawal of applications

1. An applicant may, of his or her own motion and at any time during the procedure, withdraw his or her application. The application shall be withdrawn in writing by the applicant in person or delivered by his or her legal adviser legally representing the applicant in accordance with national law. 2. The competent authorities […]

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Procedures Regulation:
Article 56 – Exception from the right to remain in subsequent applications

Without prejudice to the principle of non-refoulement, Member States may provide for an exception to the right to remain on their territory and derogate from Article 68(5), point (d), where: (a) a first subsequent application has been lodged, merely in order to delay or frustrate the enforcement of a decision which would result 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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