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Articolo 19 - Protezione in caso di allontanamento, di espulsione e di estradizione
1. Le espulsioni collettive sono vietate. 2. Nessuno può essere allontanato, espulso o estradato verso uno Stato in cui esiste un rischio serio di essere sottoposto alla pena di morte, alla tortura o ad altre pene o trattamenti inumani o degradanti.
Il paragrafo 1 di questo articolo ha significato e portata identici a quelli dell'articolo 4 del protocollo n. 4 della CEDU per quanto attiene alle espulsioni collettive. Esso è volto a garantire che ogni decisione formi oggetto di un esame specifico e che non si possa decidere con un'unica misura l'espulsione di tutte le persone aventi la nazionalità di un determinato Stato (cfr. anche articolo 13 del Patto relativo ai diritti civili e politici). Il paragrafo 2 incorpora la pertinente giurisprudenza della Corte europea dei diritti dell'uomo relativa all'articolo 3 della CEDU (cfr. sentenza del 17 dicembre 1996, Ahmed/Austria, Racc. 1996-VI, pag. 2206, e sentenza del 7 luglio 1989, Soering).
Artikel 2 (...) 3. Uitlevering kan slechts geschieden krachtens verdrag. Verdere voorschriften omtrent uitlevering worden bij de wet gegeven. (...)
Article 14 (5) An alien may be expelled only in cases specified by the law.
Článek 14 (...) (5) Cizinec může být vyhoštěn jen v případech stanovených zákonem.
Section 1 Extradition to category 1 territories (1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State. (2) In this Act references to category 1 territories are to the territories designated for the purposes of this Part. (3) A territory may not be designated for the purposes of this Part if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory. … Section 87 Human rights (1)If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42). (2)If the judge decides the question in subsection (1) in the negative he must order the person’s discharge. (3)If the judge decides that question in the affirmative he must send the case to the Secretary of State for his decision whether the person is to be extradited.
See ECHR provisions of Article 3 which have been incorporated into UK law by the Human Rights Act 1998.. Schdule 1, Article 3 No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Artículo 13 (…) 3. La extradición sólo se concederá en cumplimiento de un tratado o de la ley, atendiendo al principio de reciprocidad. Quedan excluidos de la extradición los delitos políticos, no considerándose como tales los actos de terrorismo.
Section 13 (...) (3) Extradition shall be granted only in compliance with a treaty or with the law, on reciprocal basis. No extradition can be granted for political crimes; but acts of terrorism shall not be regarded as such.
Article 47 No citizen of Slovenia may be extradited or surrendered unless such obligation to extradite or surrender arises from a treaty by which, in accordance with the provisions of the first paragraph of Article 3a, Slovenia has transferred the exercise of part of its sovereign rights to an international organisation.
47. člen Državljana Slovenije ni dovoljeno izročiti ali predati, razen če obveznost izročitve ali predaje izhaja iz mednarodne pogodbe, s katero Slovenija v skladu z določbo prvega odstavka 3.a člena prenaša izvrševanje dela suverenih pravic na mednarodno organizacijo.
Article 23 (...) (4) Every citizen has the right to freely enter the territory of the Slovak Republic. A citizen may not be forced to leave the homeland and may not be expelled.(5) A foreign national may be deported only in cases laid down by law.
Čl. 23 (...) (4) Každý občan má právo na slobodný vstup na územie Slovenskej republiky. Občana nemožno nútiť, aby opustil vlasť, a nemožno ho vyhostiť. (5) Cudzinca možno vyhostiť iba v prípadoch ustanovených zákonom.
Articolul 19 (1) Cetateanul român nu poate fi extradat sau expulzat din România. (2) Prin derogare de la prevederile alineatului (1), cetatenii români pot fi extradati în baza conventiilor internationale la care România este parte, în conditiile legii si pe baza de reciprocitate. (3) Cetatenii straini si apatrizii pot fi extradati numai în baza unei conventii internationale sau în conditii de reciprocitate. (4) Expulzarea sau extradarea se hotaraste de justitie.
Article 19 (1) No Romanian citizen shall be extradited or expelled from Romania. (2) By exemption from the provisions of paragraph (1), Romanian citizens can be extradited based on the international agreements Romania is a party to, according to the law and on a mutual basis. (3) Aliens and stateless persons may be extradited only in compliance with an international convention or in terms of reciprocity. (4) Expulsion or extradition shall be ruled by the court.
Artigo 33.º (Expulsão, extradição e direito de asilo) 1. Não é admitida a expulsão de cidadãos portugueses do território nacional. 2. A expulsão de quem tenha entrado ou permaneça regularmente no território nacional, de quem tenha obtido autorização de residência, ou de quem tenha apresentado pedido de asilo não recusado só pode ser determinada por autoridade judicial, assegurando a lei formas expeditas de decisão. 3. A extradição de cidadãos portugueses do território nacional só é admitida, em condições de reciprocidade estabelecidas em convenção internacional, nos casos de terrorismo e de criminalidade internacional organizada, e desde que a ordem jurídica do Estado requisitante consagre garantias de um processo justo e equitativo. 4. Só é admitida a extradição por crimes a que corresponda, segundo o direito do Estado requisitante, pena ou medida de segurança privativa ou restritiva da liberdade com carácter perpétuo ou de duração indefinida, se, nesse domínio, o Estado requisitante for parte de convenção internacional a que Portugal esteja vinculado e oferecer garantias de que tal pena ou medida de segurança não será aplicada ou executada. 5. O disposto nos números anteriores não prejudica a aplicação das normas de cooperação judiciária penal estabelecidas no âmbito da União Europeia. 6. Não é admitida a extradição, nem a entrega a qualquer título, por motivos políticos ou por crimes a que corresponda, segundo o direito do Estado requisitante, pena de morte ou outra de que resulte lesão irreversível da integridade física. 7. A extradição só pode ser determinada por autoridade judicial. 8. É garantido o direito de asilo aos estrangeiros e aos apátridas perseguidos ou gravemente ameaçados de perseguição, em consequência da sua actividade em favor da democracia, da libertação social e nacional, da paz entre os povos, da liberdade e dos direitos da pessoa humana. 9. A lei define o estatuto do refugiado político.
Article 33 (Deportation, extradition and right of asylum) (1) The deportation of Portuguese citizens from Portuguese territory is not permitted. (2) Deportation of anyone who properly entered or is properly remaining in Portuguese territory, has been granted a residence permit or has submitted a request for asylum that has not been refused may only be ordered by a judicial authority. The law shall assure expedite forms of decision in such cases. (3) The extradition of Portuguese citizens from Portuguese territory is only permissible where an international convention has established reciprocal extradition arrangements, in cases of terrorism or international organised crime, and on condition that the applicant state’s legal system enshrines guarantees of just and fair proceedings. (4) Extradition for crimes that are punishable under the applicant state’s law by a sentence or security measure which deprives or restricts freedom in perpetuity or for an undefined duration, is only permissible if the applicant state is a party to an international convention in this domain to which Portugal is bound, and offers guarantees that such a sentence or security measure will not be applied or executed. (5) The provisions of the previous paragraphs do not prejudice the application of the norms governing judicial cooperation in the criminal field that are laid down within the scope of the European Union. (6) The extradition or handing over of a person under any circumstances for political reasons, or for crimes which are punishable under the applicant state’s law by death or by any other sentence that results in irreversible damage to physical integrity, is not permitted. (7) Extradition may only be ordered by a judicial authority. (8) The right of asylum is guaranteed to foreigners and stateless persons who are the object, or are under grave threat, of persecution as a result of their activities in favour of democracy, social and national liberation, peace among peoples, freedom or the rights of the human person. (9) The law shall define the status of political refugee.
Article 55 1. The extradition of a Polish citizen shall be prohibited, except in cases specified in paras 2 and 3. 2. Extradition of a Polish citizen may be granted upon a request made by a foreign state or an international judicial body if such a possibility stems from an international treaty ratified by Poland or a statute implementing a legal instrument enacted by an international organisation of which the Republic of Poland is a member, provided that the act covered by a request for extradition: 1) was committed outside the territory of the Republic of Poland, and 2) constituted an offence under the law in force in the Republic of Poland or would have constituted an offence under the law in force in the Republic of Poland if it had been committed within the territory of the Republic of Poland, both at the time of its commitment and at the time of the making of the request. 3. Compliance with the conditions specified in para. 2 subparas 1 and 2 shall not be required if an extradition request is made by an international judicial body established under an international treaty ratified by Poland, in connection with a crime of genocide, crime against humanity, war crime or a crime of aggression, covered by the jurisdiction of that body. 4. The extradition of a person suspected of the commission of a crime for political reasons but without the use of force shall be forbidden, so as an extradition which would violate rights and freedoms of persons and citizens. 5. The courts shall adjudicate on the admissibility of extradition.
Art. 55. 1. Ekstradycja obywatela polskiego jest zakazana, z wyjątkiem przypadków określonych w ust. 2 i 3. 2. Ekstradycja obywatela polskiego może być dokonana na wniosek innego państwa lub sądowego organu międzynarodowego, jeżeli możliwość taka wynika z ratyfikowanej przez Rzeczpospolitą Polską umowy międzynarodowej lub ustawy wykonującej akt prawa stanowionego przez organizację międzynarodową, której Rzeczpospolita Polska jest członkiem, pod warunkiem że czyn objęty wnioskiem o ekstradycję: 1) został popełniony poza terytorium Rzeczypospolitej Polskiej, oraz 2) stanowił przestępstwo według prawa Rzeczypospolitej Polskiej lub stanowiłby przestępstwo według prawa Rzeczypospolitej Polskiej w razie popełnienia na terytorium Rzeczypospolitej Polskiej, zarówno w czasie jego popełnienia, jak i w chwili złożenia wniosku. 3. Nie wymaga spełnienia warunków określonych w ust. 2 pkt 1 i 2 ekstradycja mająca nastąpić na wniosek sądowego organu międzynarodowego powołanego na podstawie ratyfikowanej przez Rzeczpospolitą Polską umowy międzynarodowej, w związku z objętą jurysdykcją tego organu zbrodnią ludobójstwa, zbrodnią przeciwko ludzkości, zbrodnią wojenną lub zbrodnią agresji. 4. Ekstradycja jest zakazana, jeżeli dotyczy osoby podejrzanej o popełnienie bez użycia przemocy przestępstwa z przyczyn politycznych lub jej dokonanie będzie naruszać wolności i prawa człowieka i obywatela. 5. W sprawie dopuszczalności ekstradycji orzeka sąd.
Article 43 (1) Extradition is only permitted in pursuance of arrangements made by treaty and under the authority of a law. (2) No person shall be extradited for an offence of a political character. (3) No citizen of Malta shall be removed from Malta except as a result of extradition proceedings or under any such law as is referred to in article 44(3) (b) of this Constitution. (4) The provisions made by or under the Extradition Act, as for the time being in force, for the removal of persons from Malta to another Commonwealth country to undergo trial or punishment in that country in respect of an offence committed in that country and any general arrangements for the extradition of persons between Commonwealth countries to which Malta for the time being adheres shall be deemed, for the purposes of sub-article (1) of this article, to be arrangements made by treaty, and sub-article (2) shall not apply in relation to the removal or extradition of a person under such provisions or arrangements.
Article 13. The State of Lithuania shall protect its citizens abroad. It shall be prohibited to extradite a citizen of the Republic of Lithuania to another state unless an international treaty of the Republic of Lithuania establishes otherwise.
13 straipsnis. Lietuvos valstybė globoja savo piliečius užsienyje. Draudžiama išduoti Lietuvos Respublikos pilietį kitai valstybei, jeigu Lietuvos Respublikos tarptautinė sutartis nenustato kitaip.
Preamble (10) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.
(16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of Articles 1, 7, 11, 14, 15, 16, 18, 21, 24, 34 and 35 of that Charter, and should therefore be implemented accordingly.
(34) With regard to social assistance and health care, the modalities and detail of the provision of core benefits to beneficiaries of subsidiary protection status should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy and parental assistance, in so far as they are granted to nationals according to the legislation of the Member State concerned.
(35) Access to health care, including both physical and mental health care, should be ensured to beneficiaries of refugee or subsidiary protection status.
Article 2: DefinitionsFor the purposes of this Directive the following definitions shall apply:(a) ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g);(d) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply; [...](e) ‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;(f) ‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;(g) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; [...]
Article 13: Granting of refugee statusMember States shall grant refugee status to a third-country national or a stateless person who qualifies as a refugee in accordance with Chapters II and III.‘
Article 18: Granting of subsidiary protection statusMember States shall grant subsidiary protection status to a third-country national or a stateless person eligible for subsidiary protection in accordance with Chapters II and V.‘
Article 21: Protection from refoulement
1. Member States shall respect the principle of non-refoulement in accordance with their international obligations.
2. Where not prohibited by the international obligations mentioned in paragraph 1, Member States may refoule a refugee, whether formally recognised or not, when:
(a) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; or
(b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.
3. Member States may revoke, end or refuse to renew or to grant the residence permit of (or to) a refugee to whom paragraph 2 applies.
Article 22: Information
Member States shall provide persons recognised as being in need of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language likely to be understood by them, on the rights and obligations relating to that status.
Article 23: Maintaining family unity
1. Member States shall ensure that family unity can be maintained.
2. Member States shall ensure that family members of the beneficiary of refugee or subsidiary protection status, who do not individually qualify for such status, are entitled to claim the benefits referred to in Articles 24 to 34, in accordance with national procedures and as far as it is compatible with the personal legal status of the family member.
In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may define the conditions applicable to such benefits.
In these cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.
3. Paragraphs 1 and 2 are not applicable where the family member is or would be excluded from refugee or subsidiary protection status pursuant to Chapters III and V.
4. Notwithstanding paragraphs 1 and 2, Member States may refuse, reduce or withdraw the benefits referred therein for reasons of national security or public order.
5. Member States may decide that this Article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin, and who were wholly or mainly dependent on the beneficiary of refugee or subsidiary protection status at that time.
Article 26: Access to employment
1. Member States shall authorise beneficiaries of refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after the refugee status has been granted.
2. Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training and practical workplace experience are offered to beneficiaries of refugee status, under equivalent conditions as nationals.
3. Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service immediately after the subsidiary protection status has been granted. The situation of the labour market in the Member States may be taken into account, including for possible prioritisation of access to employment for a limited period of time to be determined in accordance with national law. Member States shall ensure that the beneficiary of subsidiary protection status has access to a post for which the beneficiary has received an offer in accordance with national rules on prioritisation in the labour market.
4. Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related education opportunities for adults, vocational training and practical workplace experience, under conditions to be decided by the Member States.
5. The law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.
Article 27: Access to education
1. Member States shall grant full access to the education system to all minors granted refugee or subsidiary protection status, under the same conditions as nationals.
2. Member States shall allow adults granted refugee or subsidiary protection status access to the general education system, further training or retraining, under the same conditions as third country nationals legally resident.
3. Member States shall ensure equal treatment between beneficiaries of refugee or subsidiary protection status and nationals in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.
Article 28: Social welfare
1. Member States shall ensure that beneficiaries of refugee or subsidiary protection status receive, in the Member State that has granted such statuses, the necessary social assistance, as provided to nationals of that Member State.
2. By exception to the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.
Article 29: Health care
1. Member States shall ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses.
2. By exception to the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.
3. Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted the status, adequate health care to beneficiaries of refugee or subsidiary protection status who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.
Preamble
(8) This Regulation respects the fundamental rights of third-country nationals and stateless persons and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular the respect and protection of human dignity, prohibition of torture and inhuman or degrading treatment or punishment, respect for private and family life, the principle of the best interests of the child, the right to asylum and protection in the event of removal, expulsion or extradition, as well as 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’). This Regulation should be implemented in compliance with the Charter and general principles of Union law as well as with international law. In order to reflect the primary consideration that must be given to the best interests of the child, in line with the 1989 United Nations Convention on the Rights of the Child, and the need to respect family life, as well as to ensure the protection of the health of the persons concerned, safeguards should be applied in respect of minors and their family members, and of applicants for international protection (‘applicants’) whose state of health requires specific and adequate support. The rules and guarantees set out in Regulation (EU) 2024/1348 should continue to apply in respect of persons subject to the derogations provided for in this Regulation, except where this Regulation provides otherwise. The rules set out in Directive (EU) 2024/1346 of the European Parliament and of the Council (7), including those concerning the detention of applicants, should continue to apply from the moment an application for international protection is made.
(18) In a situation of instrumentalisation, third-country nationals and stateless persons could apply for international protection at the external border or in a transit zone of a Member State, often being persons apprehended in connection with unauthorised crossings of the external border by land, sea or air or who are disembarked following search and rescue operations. This can lead, in particular, to an unexpected significant increase in the caseload of applications for international protection at the external borders. In that regard, effective and genuine access to the international protection procedure must be ensured in accordance with Article 18 of the Charter and the Geneva Convention.
(42) In situations of crisis and force majeure, the Member State should be authorised to derogate from Regulation (EU) 2024/1348 in order to register applications for international protection no later than four weeks after they are made. Such an extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter, Regulation (EU) 2024/1348 and Directive (EU) 2024/1346. Without prejudice to the exception provided for during the period between the request and the adoption of the Council implementing decision, in a situation of crisis, characterised by mass arrivals of third-country nationals and stateless persons, the extension of the registration period should only be applied during the time period set out in the initial Council implementing decision.
Article 1: Subject matter
2. Temporary measures adopted pursuant to this Regulation shall meet the requirements of necessity and proportionality, be appropriate to achieving their stated objectives and ensuring the protection of the rights of applicants and beneficiaries of international protection, and be consistent with the obligations of the Member States under the Charter, international law and the Union asylum acquis. This Regulation shall not affect the fundamental principles and guarantees, established by the legislative acts from which derogations are allowed pursuant to this Regulation.
Preamble (33) The best interests of the child should be a primary consideration of Member States when applying this Directive, in accordance with the Charter of Fundamental Rights of the European Union (the Charter) and the 1989 United Nations Convention on the Rights of the Child. In assessing the best interest of the child, Member States should in particular take due account of the minor’s well-being and social development, including his or her background.
(39) In determining whether a situation of uncertainty prevails in the country of origin of an applicant, Member States should ensure that they obtain precise and up-to-date information from relevant sources such as EASO, UNHCR, the Council of Europe and other relevant international organisations. Member States should ensure that any postponement of conclusion of the procedure fully complies with their obligations under Directive 2011/95/EU and Article 41 of the Charter, without prejudice to the efficiency and fairness of the procedures under this Directive.
(60) This Directive respects the fundamental rights and observes the principles recognised by the Charter. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 18, 19, 21, 23, 24, and 47 of the Charter and has to be implemented accordingly.
Article 13: Obligations of the applicants
1. Member States shall impose upon applicants the obligation to cooperate with the competent authorities with a view to establishing their identity and other elements referred to in Article 4(2) of Directive 2011/95/EU. Member States may impose upon applicants other obligations to cooperate with the competent authorities insofar as such obligations are necessary for the processing of the application.
2. In particular, Member States may provide that:
(a) applicants are required to report to the competent authorities or to appear before them in person, either without delay or at a specified time;
(b) applicants have to hand over documents in their possession relevant to the examination of the application, such as their passports;
(c) applicants are required to inform the competent authorities of their current place of residence or address and of any changes thereof as soon as possible. Member States may provide that the applicant shall have to accept any communication at the most recent place of residence or address which he or she indicated accordingly;
(d) the competent authorities may search the applicant and the items which he or she is carrying. Without prejudice to any search carried out for security reasons, a search of the applicant’s person under this Directive shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity;
(e) the competent authorities may take a photograph of the applicant; and
(f) the competent authorities may record the applicant’s oral statements, provided he or she has previously been informed thereof.
...
Article 30: Collection of information on individual cases
For the purposes of examining individual cases, Member States shall not:
(a) disclose information regarding individual applications for international protection, or the fact that an application has been made, to the alleged actor(s) of persecution or serious harm;
(b) obtain any information from the alleged actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.
Article 45: Procedural rules
1. Member States shall ensure that, where the competent authority is considering withdrawing international protection from a third-country national or stateless person in accordance with Article 14 or 19 of Directive 2011/95/EU, the person concerned enjoys the following guarantees:
(a) to be informed in writing that the competent authority is reconsidering his or her qualification as a beneficiary of international protection and the reasons for such a reconsideration; and
(b) to be given the opportunity to submit, in a personal interview in accordance with Article 12(1)(b) and Articles 14 to 17 or in a written statement, reasons as to why his or her international protection should not be withdrawn.
2. In addition, Member States shall ensure that within the framework of the procedure set out in paragraph 1:
(a) the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate, from EASO and UNHCR, as to the general situation prevailing in the countries of origin of the persons concerned; and
(b) where information on an individual case is collected for the purposes of reconsidering international protection, it is not obtained from the actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration, or jeopardise the physical integrity of the person or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.
3. Member States shall ensure that the decision of the competent authority to withdraw international protection is given in writing. The reasons in fact and in law shall be stated in the decision and information on how to challenge the decision shall be given in writing.
4. Once the competent authority has taken the decision to withdraw international protection, Article 20, Article 22, Article 23(1) and Article 29 are equally applicable.
5. By way of derogation from paragraphs 1 to 4 of this Article, Member States may decide that international protection shall lapse by law where the beneficiary of international protection has unequivocally renounced his or her recognition as such. A Member State may also provide that international protection shall lapse by law where the beneficiary of international protection has become a national of that Member State.
Preamble (25) During the screening, the best interests of the child should always be a primary consideration in accordance with Article 24(2) of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Child protection authorities should, wherever necessary, be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening or, where a representative has not been appointed, a person trained to safeguard the best interests and general wellbeing of the minor should be designated. Where applicable, that representative should be the same as the representative appointed in accordance with the rules on unaccompanied minors in Directive (EU) 2024/1346. The trained person should be the person designated to provisionally act as a representative under that Directive, where that person has been designated.
(37) A preliminary vulnerability check should be carried out with a view to identifying persons with indications of being vulnerable, of being victims of torture or other inhuman or degrading treatment, or of being stateless, or who may have special reception or procedural needs within the meaning of Directive (EU) 2024/1346 and Regulation (EU) 2024/1348, respectively. This should be without prejudice to further assessment in ensuing procedures following the completion of the screening. The vulnerability check should be carried out by specialised personnel of the screening authorities trained for that purpose.
(38) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single-parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in the case of a minor, information should be provided in a child-friendly and age-appropriate manner. All the authorities involved in the performance of the tasks related to the screening should report any situation of vulnerabilities observed or reported to them, should respect human dignity and privacy, and should refrain from any discrimination.
Article 8 : Requirements concerning the screening
8. Member States shall ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter.
Article 10 : Monitoring of fundamental rights
2. Each Member State shall provide for an independent monitoring mechanism in accordance with the requirements set out in this Article, which shall:
(a) monitor compliance with Union and international law, including the Charter, in particular as regards access to the asylum procedure, the principle of non-refoulement, the best interest of the child and the relevant rules on detention, including relevant provisions on detention in national law, during the screening; and
(b) ensure that substantiated allegations of failure to respect fundamental rights in all relevant activities in relation to the screening are dealt with effectively and without undue delay, trigger, where necessary, investigations into such allegations and monitor the progress of such investigations.
Article 12: Preliminary health checks and vulnerabilities
3. Third-country nationals subjected to the screening referred to in Articles 5 and 7 shall be subject to a preliminary vulnerability check by specialised personnel of the screening authorities trained for that purpose, with a view to identifying whether a third-country national might be a stateless person, vulnerable or a victim of torture or other inhuman or degrading treatment, or have special needs within the meaning of Directive 2008/115/EC, Article 25 of Directive (EU) 2024/1346 and Article 20 of Regulation (EU) 2024/1348. For the purpose of that vulnerability check, the screening authorities may be assisted by non-governmental organisations and, where relevant, by qualified medical personnel.
Article 13: Guarantees for minors
1. During the screening, the best interests of the child shall always be a primary consideration in accordance with Article 24(2) of the Charter.
(19) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and by the Charter, in particular respect for human dignity, the right to life, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, the right to liberty and security, the right to the protection of personal data, the right to asylum and to protection against removal and expulsion, the principles of non-refoulement and non-discrimination, the right to an effective remedy and the rights of the child. This Regulation should be applied by Member States and the Agency in accordance with those rights and principles.
