54 Amendments of Barbara SPINELLI related to 2014/2215(INI)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 67(1), 72, 228 and 22863 of the Treaty on the Functioning of the European Union,
Amendment 2 #
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, in particular Article 41 thereof,(Right to good administration) and Article 47 (Right to an effective remedy and to a fair trial)
Amendment 9 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Frontex code of conduct for joint return operations coordinated by frontex;
Amendment 10 #
Motion for a resolution
Recital A
Recital A
A. whereas Regulation (EU) No 1168/2011 of the European Parliament and of the Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (hereinafter the Frontex regulation) requires that the Agency ensures full respect for fundamental rights and for the rights of migrants, refugees and asylum seekers;
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas different NGOs and international organizations have denounced fundamental rights violations and systematic breach of other international legislation, such as the principle of non-refoulement and the principles regarding asylum laid down in the Geneva Conventions, during Frontex operations;
Amendment 12 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas Frontex as any other EU institution, body, office or agency in its activity, has to comply with the Charter of Fundamental Rights and whereas this obligation finds its translation in Article 263 TFEU according to which "acts setting up bodies, offices and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies, offices or agencies intended to produce legal effects in relation to them";
Amendment 13 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas Article 263 TFEU also provides that the Court of Justice of the European Union shall review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.
Amendment 14 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas even today Frontex coordination activity cannot in practice be dissociated from the Member State activity done under its coordination so that also Frontex (and thereby the European Union through it) could have direct and indirect impact on individual's rights and trigger, at the very least the EU extra- contractual responsibility (see Court of Justice Judgement T-341/07 Sison III); whereas such responsibility cannot be avoided simply because of the existence of administrative arrangements with the Member States involved in a Frontex coordinated operation when such arrangements have an impact on one' s fundamental right;
Amendment 19 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas Article 9 of Regulation 863/2007 provides that team members responsible for carrying out monitoring and surveillance activities at the external borders must comply with Community law and the national law of the host Member State.
Amendment 21 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas migrant women are especially exposed to violence, sexual abuse and other human rights violation during their travel and at the borders;
Amendment 22 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas no single Frontex operation has been suspended, in whole or in part, by Frontex Executive Director, despite various reports made to the Fundamental Rights Officer of human rights violations which have allegedly occurred during Frontex operations;
Amendment 23 #
Motion for a resolution
Recital D
Recital D
D. whereas the draft recommendations of the European Ombudsman, which were ignored by the relevant authorities, include implementing an individual complaints mechanism;
Amendment 31 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas in light of the increase of competences of Frontex since its establishment Frontex should be held accountable as a primary stakeholder in the border management process, including when allegations of fundamental rights are involved;
Amendment 41 #
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas these mechanisms aim at addressing maladministration and do not deal with breaches of fundamental rights;
Amendment 42 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas an independent complaint mechanism outside of Frontex should be explored;
Amendment 44 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Amendment 46 #
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. whereas the development of a complaint mechanism must not be used as a justification for expanding Frontex mandate and activities;
Amendment 48 #
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. Whereas growing humanitarian and legal challenges at the EU's external borders are being presented as evidence of the imperfect implementation of a genuine EU approach; whereas this is rather the result of EU restrictive immigration policy which has had a negative impact on the rights of migrants, asylum seekers and refugees;
Amendment 51 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’s efforts in taking on board the Ombudsman’s recommendations; acknowledges Frontex’s current fundamental rights safeguards in the form of, but not limited to, the setting-up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Officecondemns the fact that none of the recommendations have been implemented;
Amendment 58 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Expresses grave concerns at the legal vacuum that surrounds the deployment of third country officers during joint return operations as pointed out by the European Ombudsman's report and the lack of accountability which would thus prevail in the case of human rights violations involving third country officers;
Amendment 64 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’s external borders, Frontex is in need of an independent mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first- instance body for complaintsincluding the risk of refoulement and the risks involved in the processing of personal data;
Amendment 67 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations ofrespect for fundamental rights thatas violations would otherwise remain undetected, unreported and unresolved;
Amendment 82 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law and should respect the national law of the host Member States whenever it applies more favourable standards for third country nationals and stateless individuals; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 83 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States shouldmust not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 89 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for an official central structure within Frontex for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughlyfollow up in a way which makes the complaints public and the follow-up accountable for relevant NGOs, MEPs, and all European citizens without compromising the privacy of those making the complaint;
Amendment 90 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for an official central structure within Frontexthe establishment of an independent body for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handlreceiving complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authoritiesindependent body responsible, and follow up on them thoroughly;
Amendment 95 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that Frontex has already set up a thorough procedure for handling internal reports by Frontex staff and guest officers on serious fundamental rights violations; points out that this procedure is already used for handling complaints by third parties not directly involved in a Frontex operation, and recommends building further on this procedure aiming at establishing a full and accessible individual complaints mechanism; eEmphasises that Frontex should ensure that the mechanism respects the criteria of accessibility, independence, effectiveness and, transparency, democratic control and accountability;
Amendment 98 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that any complaint mechanism should cover the entire scope of Frontex activity including joint operations, pilot operations but also information exchange and cooperation with third countries;
Amendment 104 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex fundamental rights officer and the independent complaint body to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement;
Amendment 105 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Emphasises that third parties, including NGOs and international organisations should have the right to submit a complaint on behalf of an individual and to represent him or her during the whole procedure allowing the complainant to remain anonymous; emphasises the need to ensure the safety of the complainant;
Amendment 109 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from takingconsiders that Frontex should take into account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaintsy NGOs, international organisations and other relevant stakeholders, beyond the complaints procedure; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 112 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that migrants and stateless individuals should also have access to the complaints mechanism, including those who could be considered to be from safe countries of origin;
Amendment 116 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to ensure that third parties are present during the whole process, independently from the person or people making the complaint, urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 121 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for regular reporting by Frontex on complaints received and their follow-up with due consideration to data protection concerns of the complainants;
Amendment 131 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note that Member States handle complaints against guest officers in very different ways; is concerned that alleged fundamental rights violations might not be followed up effectively by some Member States; calls on Frontex and the Member States toto ensure the proper follow-up of complaints against guest officers, and report to the coomperate closely in order to ensure the proper follow-up of complaints against guest officerstent authorities in the cases in which the fundamental rights violations are not being effectively followed up; stresses that this information must be made public;
Amendment 135 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so; stresses the need to make the information about the breach of fundamental rights public;
Amendment 136 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; recommends that this system includes an appeal mechanism in case the complaint is deemed inadmissible or rejected; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 144 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a public letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; recalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 146 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that aStresses the need that a public justification should be provided to the complainant should no follow-up procedure be initiated by Frontex;
Amendment 149 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure mayust also apply to seconded guest officers and seconded national experts if the relevant Member State agrees; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 152 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Frontex Executive Director to consider the exclusion ofexclude any officer who has been found to be in breach of fundamental rights from participating in any Frontex operation or pilot project;
Amendment 155 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Clear criteria on when Frontex's staff members should be excluded shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM
Amendment 160 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Clear criteria on when Frontex operations should be terminated shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM
Amendment 162 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 163 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. considers that the European Parliament should be regularly informed of the number of incidents reported through the incident referral mechanism; therefore calls on Frontex Fundamental Rights Officer to inform every six months the European Parliament of the number of incidents reported and the measures and decisions taken as a result;
Amendment 166 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check;
Amendment 172 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the individual complaint mechanism to ensure that the procedures comply with the UNHCR guidelines on gender-related persecutions;
Amendment 173 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Following Article 13 of the Frontex Code of Conduct for Joint Operations, international organisations and NGOs, as independent from the authorities enforcing returns, should be informed of the preparation of Joint Return Operation and allowed to monitor their application/implementation
Amendment 176 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be bothindependent, efficient and cost-effective; calls on Frontex to provide the necessary resources to the Fundamental Rights Office for handling the complaints received;
Amendment 181 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. In order to improve Frontex's transparency, accountability and effectiveness and to allow the thorough investigation of individual complaints, the use of funds by Frontex should be regularly reported to the parliament and made public on their website
Amendment 186 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that Frontex and the European Ombudsman establish close cooperation in order to improve the protection of individuals from possible acts of maladministration regarding the activities of Frontex; recommends that the EU Special Representative on Human Rights is informed of the human rights aspects of Frontex external cooperation;
Amendment 190 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex RegulationConsiders that the Frontex legal framework should be urgently updated to cover the situations of de facto power of Frontex upon individuals; recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; calls furthermore on the Commission to provide in the forthcoming review proposals for increased transparency and accountability regarding the spending of the Frontex budget;
Amendment 198 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on thefor an independent individual complaints mechanism in the forthcoming review of the Frontex Regulation;
Amendment 200 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Instructs its President to forward this resolution to the Council, the Commission and the, national parliaments. and Frontex