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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 corresponds to the adequate capacity of a Member State, that Member State should not give priority to minors and their family members when determining whom to subject to a border procedure, unless they are considered, on serious grounds, to pose a danger to the national security and public order of a Member State. Where they are subject to the border procedure, the examination of applications of minors and their family members should be given priority. Reception facilities for minors and their family members should be suited to their needs, in full respect of Directive (EU) 2024/1346Reception Directive. Given that protecting children is of primary importance, where the information obtained through the monitoring done pursuant to Regulation (EU) 2021/2303European Union Agency for Asylum Regulation indicates failure by a Member State to comply with the reception requirements for minors and their family members, the Commission should recommend that the application of the border procedure to families with minors be suspended, and the Member State concerned should inform the Commission of the measures taken to address any shortcomings contained in the recommendation of the Commission. The recommendation should be made public.


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Categories: Recitals Key words: Adequate capacity, Asylum Border Procedure, Best Interests of the Child, Family members, Minor

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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