Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-04-23-Speech-3-141"
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"en.20080423.16.3-141"2
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The Directive in question aimed to create a uniform status for third-country nationals residing legally in the EU territory, after a period of five years of legal, continuous residence in a Member State.
The aim of the present initiative is to extend the Directive’s scope to beneficiaries of international protection in order to offer them legal certainty about their residence and rights which are comparable to those of EU nationals.
However, there is still a gap as the Directive does not provide for mutual recognition and transfer of responsibility as regards international protection to another Member State. This means that it will not be possible to grant third-country nationals rights of free movement and establishment within the EU as soon as their status is recognised. The assessment of these transfer applications therefore continues to be governed by the 1951 Geneva Convention and by the Council of Europe’s European Agreement on Transfer of Responsibility for Refugees.
Given this situation, it is also vital to ensure that the second Member State in question observes the principle of non-refoulement, so that the person in question is not sent back to a country where he or she would be in danger. At most this person should be sent back to the Member State that originally granted them such protection.
As regards all the other aspects, I believe that the same requirements should be met and that these persons must be subject to the same demands as laid down in the Directive."@en1
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