17 Amendments of Laura FERRARA related to 2014/2215(INI)
Amendment 35 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas using the Frontex emblem puts at stake the reputation of the EU towards migrants and ultimately engages the EU to the full respect of their fundamental rights;
Amendment 61 #
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 a 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 complaints;
Amendment 77 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for the establishment of a transparent reporting mechanism on complaints that will collect data thus providing facts and figures which may be used to analyse trends and patterns;
Amendment 79 #
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; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights; recalls that EU Member States are also bund by the charter when implementing EU law;
Amendment 84 #
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 should 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 while remembering that the latter are using the Frontex emblem and operate under EU mandate;
Amendment 87 #
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 a panel of independent experts is created to deal with the complaints that falls under the Agency's responsibility. Recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office shouldthis process by receiving, checking the formal admissibility of complaints, filter them, pass them on to the authorities responsible, anand forward complaints to both the competent national authorities and the panel of independent experts mentioned above; considers that, in particular, the office of the Frontex Fundamental Rights Officer should follow up on them thoroughly;
Amendment 94 #
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; emphasises that Frontex should ensure that theEmphasises that Frontex should ensure that the complaints mechanism respects the criteria of accessibility, independence, effectiveness and transparency;
Amendment 97 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that Frontex should inform Member States' authorities and officials which are part of Frontex operations about the right to lodge a complaint;
Amendment 100 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Stresses that any complaint mechanism should cover the entire scope of Frontex's activity including joint operations, pilot operations but also risks analyses, information exchange and cooperation with third countries.
Amendment 108 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore,suggests that anonymous complaints should not be accepted; suggests further that only complaints of concrete fundamental rights violations should be admittedbe admissible if lodged by a third party representing the complainant; considers that this should not prevent Frontex from taking 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 complaints; recommends the provisionstresses that complaints can only be deemed inadmissible if the formal requirements of the complaints are not met; emphasises the need for clear criteria established by the Fundamental Rights Officer in full respect of the Charter of Fundamental rights; recommends the development - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - 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 125 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Highlights that Frontex has the responsibility to enable their officers with skills to report on complaints related matters and to handle and proceed complaints in order to make the complaint mechanism effective;
Amendment 133 #
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 for cooperation of Frontex with the national human rights institutions in addition to the cooperation with national border authorities;
Amendment 134 #
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 the case where the case 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; stresses the need for cooperation of Frontex with the national human rights institutions in addition to the cooperation with national border authorities;
Amendment 150 #
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 156 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibility of withdrawing financial support from Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice to the overall aim of the Frontex mission whereby the saving of lives is envisaged; takes the view that in order to terminate an operation Frontex should establish criteria, including criteria concerning complaints and their handling in Member States, to really terminate operations;
Amendment 165 #
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; highlights that in order to be effective, an information campaign should make information available in different languages including, but not limited to, the languages spoken by migrants and asylum seekers;
Amendment 195 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. RecommendsCalls for the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation;