PHASE TWO CEAS: PROSPECTS FOR ENHANCED COMPLIANCE Sample Clauses

PHASE TWO CEAS: PROSPECTS FOR ENHANCED COMPLIANCE. The proposed recast APD simplifies to a limited extent the plethora of confusing procedures that currently exist. Of greatest importance, there are no longer any ‘specific proceduresin respect of which Member States can opt to derogate from the basic principles and guarantees of the directive.133 The procedure for preliminary examination of subsequent applications subsists in a modified form and a new border procedure is put in place, but these are no longer categorized as ‘specific procedures’.134 Furthermore, the possibilities for establishing an authority in lieu of the usual determining authority – which is an indirect way of permitting derogations from the standards established in the directive for the determining authority – are somewhat reduced.135 The accelerated/manifestly unfounded procedure subsists, albeit with fewer grounds, as does the admissibility procedure.136 Separate guarantees are maintained in respect of procedures for withdrawing international protection and appeals procedures.137 Hence, it is fair to say that the proposed recast falls short of the kind of radical revision that would make the APD transparent and easily comprehensible. Against this backdrop, the question arises as to 133 Existing Article 24 is deleted in its entirety. 134 Articles 40-42 and Article 43, respectively. 135 Article 4 (Responsible authorities) establishes that an authority other than the determining authority may be established in respect of Dublin Regulation cases and border procedures. Article 14 (Personal interview) provides that ‘[i]nterviews on the substance of the application for international protection shall be conducted by the personnel of the determining author- ity.’ A contrario, interviews not on the substance of the application can be conducted by personnel of another authority. Article 14 further establishes that personnel of another authority may exceptionally conduct personal interviews where the determining authority is over-burdened by the number of applicants. 136 Article 31(5) and Articles 33-34, respectively. 137 Articles 44-45 and Article 46, respectively. whether the right of the child to be heard is any better served in the proposed recast than it is at present.
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