Activities of Josep-Maria TERRICABRAS related to 2017/2089(INI)
Shadow reports (1)
REPORT on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework PDF (327 KB) DOC (107 KB)
Shadow opinions (1)
OPINION on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework
Amendments (66)
Amendment 1 #
Draft opinion
Paragraph –1 (new)
Paragraph –1 (new)
-1. having regard to the EU CFR, and in particular articles 44 and 51;
Amendment 1 #
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
– having regard to the EU Charter of Fundamental Rights, and in particular articles 44 and 51;
Amendment 2 #
Draft opinion
Paragraph –1 a (new)
Paragraph –1 a (new)
-1a. having regard to the Study by the Policy Department C on “The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures”;
Amendment 2 #
Draft opinion
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Study by the Policy Department C on “The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures”;
Amendment 3 #
Draft opinion
Paragraph –1 b (new)
Paragraph –1 b (new)
-1b. having regard to the hearing by the committee on Petitions on “Broadening the scope of the EU Charter on Fundamental Rights (Article 51)?” of 23rdFebruary 2016;
Amendment 3 #
Draft opinion
Citation 3 a (new)
Citation 3 a (new)
– having regard to its resolution of 25 October 2016 on “EU mechanism on democracy, the rule of law and fundamental rights” (In’t Veld report), particularly its paragraph 20;
Amendment 4 #
Draft opinion
Paragraph –1 c (new)
Paragraph –1 c (new)
-1c. having regard to the Parliament resolution on “EU mechanism on democracy, the rule of law and fundamental rights” (In’t Veld report) of 25thOctober 2016, particularly its paragraph 20;
Amendment 4 #
Draft opinion
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 16 February 2017 on “Possible evolutions and adjustments to the current institutional set-up of the European Union” (Verhofstadt report), particularly its paragraph 45;
Amendment 5 #
Draft opinion
Paragraph –1 d (new)
Paragraph –1 d (new)
-1d. having regard to the Parliament resolution on “Possible evolutions and adjustments to the current institutional set-up of the European Union” (Verhofstadt report), particularly its paragraph 45;
Amendment 6 #
Draft opinion
Paragraph –1 e (new)
Paragraph –1 e (new)
-1e. Reaffirms that the fundamental right to petition, enshrined in Article 44 of the Charter of Fundamental Rights and Articles 20 and 227 TFEU, is one of the pillars of European Citizenship and a crucial element of participatory democracy, aiming at bringing the citizens closer to the EU through an open, democratic, inclusive and transparent procedure;
Amendment 7 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that an increasing number of petitions submitted to Parliament after the entry into force of the EU Charter of Fundamental Rights in December 2009 invoke the Charter as the legal basis for the alleged violation of their fundamental rights as EU citizens; notes that these petitions are evidence of a serious structural lack of a fundamental rights- based approach in the drafting of legislation and policymaking both at EU level and in the implementation of legislation in Member States; considers that EU citizens can benefit from an enhanced interaction between the committee of Petitions and the Fundamental Rights Agency when it comes specifically to handling of petitions, with the agency providing direct feedback upon petitioners' concerns on possible fundamental rights violations;
Amendment 12 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the Ombudsman also plays a relevant role in guaranteeing the respect of Fundamental Rights in the context of the Charter, not only concerning Article 41 on the right to good administration itself, but also taking into account that such good administration is a cornerstone in securing other Fundamental Rights; recalls the exemplary work of the Ombudsman in the field of transparency and freedom of information among others, as well as the Special Report on Frontex1a during this parliamentary terms concerning particularly on the complaint rights by asylum-seekers and migrants; __________________ 1a Special Report of the European Ombudsman in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex (2014/2215(INI))
Amendment 13 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that the entry into force of the Charter has been probably one of the few tangible added values of Union membership directly perceived by its citizens and residents;
Amendment 18 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the loopholes in transposition and proper implementation of EU law in Member States can have actual impacts in the enjoyment of EU Fundamental Rights; recalls in this sense the role of the Commission as guardian of the treaties, thus as ultimate -if not primary- responsible of safeguarding Fundamental Rights, when needed through infringement procedures; calls in this regard for a more determined leadership in ensuring an adequate implementation of EU legislation, notably concerning the right to environmental protection conferred in article 37 of the Charter, by means of more diligent, determined and thorough infringement procedures; recalls the importance of a prompt deployment and adequate implementation of the Access to Justice Pillar of the Aarhus Convention;
Amendment 19 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the commitment in the European Pillar of Social Rights to delivering new and more effective rights for citizens in the areas of equal opportunities and access to the labour market, fair working conditions and social protection and inclusion further enhances the rights enshrined in the Charter;
Amendment 20 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the principle of gender equality is a core value of the EU and is enshrined in the EU Treaties and the Charter of Fundamental Rights; whereas Article 8 TFEU establishes the principle of gender mainstreaming by stating that ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’;
Amendment 21 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas the European Institute for Gender Equality (EIGE) is tasked with developing, analysing, evaluating and disseminating methodological tools in order to support the integration of gender equality into all EU policies and the resulting national policies and to support gender mainstreaming in all EU institutions and bodies;
Amendment 23 #
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the expectations of most EU citizens submitting petitions in relation to the rights conferred on them by the Charter are high and go far beyond their current scope of application; stresses that an excessively narrow or incoherent interpretation of Article 51 alienates citizens from the EU; urges the Commission to take steps to ensure that the interpretation of the scope of Article 51 is as coherent and wide as possible;
Amendment 26 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores the fact that the Charter of Fundamental Rights only applies in Member States when implementing EU law; reiterates that many citizens have found its implementation to be unclear and unsatisfactory;
Amendment 27 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is convinced that a re-launch of the Union to increase its appreciation by citizenship can be mainly achieved by upgrading the scope of protection of the Fundamental Rights enshrined in the Charter;
Amendment 28 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to introduce a fundamental rights impact assessment in all relevant new legislative proposals for the purposes of mainstreaming fundamental rights in all relevant policy areas;
Amendment 29 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; stresses the need to provide for enhanced forms of consultation, impact assessments, including specific gender impact assessments, and legal scrutiny with the full involvement of independent fundamental rights experts; calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA, the EIGE and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights;
Amendment 29 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Deems crucial that, besides the general guarantee of freedoms1a and equality safeguards1b as well as political rights1c, the Union takes resolute steps to step up particularly its own engagements in guaranteeing the enjoyment of the social rights1d of the charter; _________________ 1a Title II 1b Title III 1c Title IV 1d Title IV
Amendment 29 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission, the other EU institutions and Member States’ national and regional governments to regularly consult the Fundamental Rights Agency when fundamental rights are at stake; calls, furthermore, for the introduction within the framework of the European Semester of a compulsory assessment and review of Member States’ adherence to the provisions of the Charter;
Amendment 31 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Urges to conclude the adoption of the horizontal EU Anti-discrimination directive1a, in order to further guarantee further fundamental rights concretely within the Union by means of adoption of concrete EU legislation, and therefore avoiding the current interference of article 51; _________________ 1a 2008/0140(CNS) Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation
Amendment 32 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Underlines that the Charter is probably the main tool to defend and promote the Union values into reality, namely by implementing it within the different concrete policies and political action; stresses that it is essential that the EU upholds these values both in its external policy and internally by enhancing the coverage of the Charter to its citizens and residents, as well as in hosting refugees and the reception of migrants;
Amendment 32 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Invites the different EU institutions to consider an enhancement of the scope of application of the Charter, including the deletion of its Article 51, in the next revision of the Treaty.
Amendment 34 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the need for a close cooperation with the EIGE in its role of disseminating accurate methodological tools and with a view to the more effective implementation of gender mainstreaming in the legislative and decision-making processes of the European Union;
Amendment 34 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Points out to the link between the Union values with the Charter, as well as with the Copenhagen Criteria for accession of third countries to the Union, in terms of guaranteeing Fundamental Rights; suggests that these conditions within the Copenhagen Criteria are not simply used once as accession preconditions, but that also Member States are periodically assessed against those in order to ensure the maintenance of the democratic quality of the Union over time;
Amendment 37 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates its call on the Commission to revise its decision to divide its considerations on fundamental rights into the current three categories in its impact assessment – economic, social and environmental effects – and to create atwo specific categoryies entitled ‘Effects on fundamental rights’ and 'Gender impact assessment', to ensure that all aspects of fundamental rights are considered;
Amendment 37 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the loopholes in transposition and proper implementation of EU law in Member States can have actual impacts in the enjoyment of EU Fundamental Rights; recalls in this sense the role of the Commission as guardian of the treaties, thus as ultimate -if not primary-responsible of safeguarding Fundamental Rights, when needed through infringement procedures; calls in this regard for a more determined leadership in ensuring an adequate implementation of EU legislation, notably concerning the right to environmental protection conferred in article 37 of the Charter, by means of more diligent, determined and thorough infringement procedures; recalls the importance of a prompt deployment and adequate implementation of the Access to Justice Pillar of the Aarhus Convention;
Amendment 38 #
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that it is of paramount importance in the interests of EU citizens to guarantee the effectiveness of the protection granted them under the current system, particularly in the field of social rights, but also with regard to civil liberties and democratic participation, by broadening the application of the Charter; calls on the Commission, in this regard, to introduce a fundamental rights impact assessment in all relevant new legislative proposals for the purposes of mainstreaming fundamental rights in all relevant policy areas; suggests developing and applying a 'Fundamental Rights by Design' concept, aimed at promoting the embedding of the highest standards of fundamental rights from the earliest stages in all policy-making;
Amendment 44 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that all Union institutions and each of its agencies and bodies, including Frontex, as well as the Member States are fully bound by the provisions of the Charter of Fundamental Rights;
Amendment 44 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 45 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that both the Treaties and the EU Charter of Fundamental Rights make reference to the protection of national minorities and discrimination practised on the grounds of language; calls for concrete administrative steps within the EU institutions to encourage national governments to find durable solutions and to promote the culture of linguistic diversity in their Member State, beyond the official EU languages;
Amendment 46 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that the Charter is probably the main tool to defend and promote the Union values into reality, namely by implementing it within the different concrete policies and political action; stresses that it is essential that the EU upholds these values both in its external policy and internally by enhancing the coverage of the Charter to its citizens and residents, as well as in hosting refugees and the reception of migrants;
Amendment 47 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls the obligation laid down in the Treaties to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); considers that its completion would introduce further safeguards in protecting fundamental rights of Union citizens and residents; asks to take the necessary steps to eventually eliminate the legal barriers that prevent the conclusion of the accession;
Amendment 47 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Points out to the link between the Union values and the Charter, as well as with the Copenhagen Criteria for accession of third countries to the Union, in terms of guaranteeing Fundamental Rights; suggests that these conditions within the Copenhagen Criteria are not simply used once as accession preconditions, but that also Member States are periodically assessed against those in order to ensure the maintenance of the democratic quality of the Union over time;
Amendment 48 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Regrets that gender mainstreaming is not consistently implemented in all EU activities which prevents the effective implementation of measures to combat gender discrimination and promote gender equality;
Amendment 48 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Stresses that all Union institutions and each of its agencies and bodies, including Frontex, as well as the Member States are fully bound by the provisions of the Charter of Fundamental Rights;
Amendment 49 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Stresses the need for an institutional cultural shift through a systematic and planned process for organisational learning within the institutions in order to achieve gender equality both internally and especially in regard to working results and outcomes;
Amendment 49 #
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that Member States themselves can, and have the moral obligation to, implement the provisions of the Charter in their legislation, even when they are not directly transposing EU law; encourages the creation and promotion of national human rights institutions, which contribute to ensuring that fundamental rights are observed both in policy and law-making processes, and their implementation, as well as assisting to individuals in concrete cases;
Amendment 49 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Recalls that both the Treaties and the EU Charter of Fundamental Rights make reference to the protection of national minorities and discrimination practised on the grounds of language; calls for concrete administrative steps within the EU institutions to encourage national governments to find durable solutions and to promote the culture of linguistic diversity in their Member State, beyond the official EU languages;
Amendment 50 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Recalls that both the Treaties and the EU Charter of Fundamental Rights make reference to the protection of national minorities and discrimination practised on the grounds of language; calls for concrete administrative steps within the EU institutions to encourage national governments to find durable solutions and to promote the culture of linguistic diversity in their Member State, beyond the official EU languages;
Amendment 50 #
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that Member States themselves can, and have the moral obligation to, implement the provisions of the Charter in their legislation, even when they are not directly transposing EU law; considers that the arbitrary or excessive use of violence by police or other Member State's security corps against peaceful assemblies is contrary to the provisions of the Charter;
Amendment 50 #
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Encourages the creation and promotion of national human rights institutions, which contribute to ensuring that fundamental rights are observed both in policy and law-making processes, and their implementation, as well as assisting to individuals in concrete cases;
Amendment 51 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Deems it crucial that the Union takes resolute steps to strengthen its own engagements in guaranteeing the enjoyment of the social rights of the Charter; Regrets the almost complete absence of references to fundamental rights within the legal framework regulating EU economic and monetary policy; recalls, in this regard, that recourse to intergovernmental arrangements does not relieve the EU institutions – a process in which they are nevertheless involved – of their obligations to assess the compatibility of such instruments with EU law, including the Charter;
Amendment 54 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the ratification of the Marrakech Treaty on access by Visually Impaired People to adapted published works, as it is an essential step in the context of the article 26 of the Charter on equality of persons with disabilities;
Amendment 55 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to ensure that the European Semester process, including the country-specific recommendations and the annual growth survey recommendations, comply with the normative components of the social rights of the Charter;
Amendment 55 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Takes note of petition 0657/2016 and stresses the importance that article 10 of the Charter on freedom of thought, conscience and religion is respected in all Member States, and within all instances and institutions under the public sphere, particularly in the domain of education;
Amendment 56 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Proposes the development of a Fundamental Rights Scoreboard in order to monitor the respect of fundamental rights in the Member States;
Amendment 57 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission, the other EU institutions and Member States’ national and regional governments to regularly consult the Fundamental Rights Agency when fundamental rights are at stake; calls, furthermore, for the introduction within the framework of the European Semester of a compulsory assessment and review of Member States’ adherence to the provisions of the Charter; proposes the development of a Fundamental Rights Scoreboard in order to monitor the respect of fundamental rights in the Member States;
Amendment 57 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out to the relation between the conditions of access to justice throughout the EU and the actual protection of fundamental rights; considers that given the role of national courts as the primary instance of interpretation of EU law, the existing discrepancies between the quality of justice systems in different Member States, such as the length of the proceedings or their costs, create effective inequality between EU citizens; considers of paramount importance in this sense the monitoring role of the Commission and a bigger involvement of the CJEU, for instance through the currently underused preliminary rulings in order to ensure compliance with fundamental rights; stresses the need to incorporate this logic further in national courts proceedings, legislative procedures and juridical analysis, and proposes seeking preliminary advice from the Fundamental Rights Agencies or any other concerned EU body;
Amendment 59 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out to the relation between the conditions of access to justice throughout the EU and the actual protection of fundamental rights; considers that given the role of national courts as the primary instance of interpretation of EU law, the existing discrepancies between the quality of justice systems in different Member States, such as the length of the proceedings or their costs, create effective inequality between EU citizens; considers of paramount importance in this sense the monitoring role of the Commission and a bigger involvement of the CJEU, for instance through the currently underused preliminary rulings in order to ensure compliance with fundamental rights; stresses the need to incorporate this logic further in national courts proceedings, legislative procedures and juridical analysis, and proposes seeking preliminary advice from the Fundamental Rights Agencies or any other concerned EU body;
Amendment 62 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Takes note of the CLARITY1a interactive online tool developed by the Fundamental Right's Agency in order to enable an easy identification of the most appropriate non-judicial body with human rights remit for a particular fundamental rights issues; _________________ 1a Complaints, Legal Assistance and Rights Information Tool for You
Amendment 63 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
Amendment 63 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls the promise by the former Commission to create a new tool, besides the last recourse to the existing article 7 TEU, that goes beyond the mere current infringement procedures in terms of sanctions, when it concerns cases of apparent violation of Fundamental Rights of the Charter, particularly when Member States' governments are involved;
Amendment 66 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that the notion of "exceptional circumstances", which is included in the TSCG allowing for a deviation from the medium-term objective or the adjustment path announced, should not be interpreted in a way where Members States are allowed not to comply with their obligations under the social provisions of the Charter;
Amendment 66 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for a review of the Commission's Strategy for the effective implementation of the EU’s Charter of Fundamental Rights1a elaborated in 2010, in order to update it with the new challenges and institutional reality, particularly after the Brexit; __________________ 1a Commission communication (COM(2010) 573 final) – Strategy for the effective implementation of the EU’s Charter of Fundamental Rights
Amendment 67 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recalls the political agreement between the major EU institutions and the Member States for the EU to access the European Convention of Human Rights; considers that its completion would introduce further safeguards in protecting fundamental rights of Union citizens and residents; asks to take the necessary steps to eventually eliminate the legal barriers that prevent the conclusion of the accession;
Amendment 68 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for a review of the Commission's Strategy for the effective implementation of the EU’s Charter of Fundamental Rights1a elaborated in 2010, in order to update it with the new challenges and institutional reality, particularly after the Brexit; _________________ 1a Commission communication (COM(2010) 573 final) – Strategy for the effective implementation of the EU’s Charter of Fundamental Rights
Amendment 71 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls the context in which article 51 of the Charter, alongside its protocol 30, was introduced into the final text; considers that the Brexit process and the new political scenario and institutional challenges the Union is confronted with nowadays, represent a unique opportunity to reconsider the existence of these clauses;
Amendment 75 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recalls the political agreement between the major EU institutions and the Member States for the EU to access the European Convention of Human Rights; considers that its completion would introduce further safeguards in protecting fundamental rights of Union citizens and residents; asks to take the necessary steps to eventually eliminate the legal barriers that prevent the conclusion of the accession;
Amendment 85 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Points out that the loopholes in transposition and proper implementation of EU law in Member States can have actual impacts in the enjoyment of EU Fundamental Rights; recalls in this sense the role of the Commission as guardian of the Treaties, thus as ultimate -if not primary-responsible of safeguarding Fundamental Rights, when needed through infringement procedures; calls in this regard for a more determined leadership in ensuring an adequate implementation of EU legislation;
Amendment 86 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Points out to the link between the Charter and the Copenhagen Criteria for accession of third countries to the Union, in terms of guaranteeing Fundamental Rights; suggests that these conditions within the Copenhagen Criteria are not simply used once as accession preconditions, but that also Member States are periodically assessed against those in order to ensure the maintenance of the democratic quality of the Union over time;
Amendment 95 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Urges to conclude the adoption of the horizontal EU Anti-discrimination Directive1a,in order to further guarantee further fundamental rights concretely within the Union by means of adoption of concrete EU legislation, and therefore avoiding the current interference of Article 51; _________________ 1a 2008/0140(CNS)Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation