Activities of Josep-Maria TERRICABRAS related to 2018/2111(INI)
Shadow reports (1)
REPORT on the implementation of the Treaty provisions related to EU citizenship PDF (264 KB) DOC (102 KB)
Shadow opinions (1)
OPINION on implementation of the Treaty provisions related to EU citizenship
Amendments (49)
Amendment 1 #
Draft opinion
Paragraph –1 (new)
Paragraph –1 (new)
-1. Recalls that Union citizenship, as established by Article 20 TFEU, besides granting the rights mentioned therein to move and reside freely within the territory of the Member States, the right to vote and to stand as candidates in elections to this Parliament and in municipal elections in their Member State of residence, the right to consular protection by another Member State, if necessary, and the right to petition and to turn to the European Ombudsman in any of the Treaty languages, has also extended implications and confers rights in the field of democratic participation, as derived from articles 11 TEU and 24 TFEU, and chapter V of the EU Charter of Fundamental Rights, among others;
Amendment 2 #
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 2, 3, 6, 9, 120, 11, 21, 23 of the Treaty on European Union (TEU), and to Articles 8, 15, 20, 21, 22, 23, 24, 26, 45, 46, 47, 48, 153, 165 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 2 #
Draft opinion
Paragraph –1 a (new)
Paragraph –1 a (new)
Amendment 3 #
Draft opinion
Paragraph –1 b (new)
Paragraph –1 b (new)
-1b. Stresses the importance of the right to petition, as established by Articles 227 TFEU and 44 of the Charter of Fundamental Rights, respectively, and the right to refer to the Ombudsman consigned in Articles 228 TFEU and 43 of the Charter of Fundamental Rights; commends the work of the EU Ombudsman in combating maladministration in the Union institutions, bodies and agencies, and particularly on the field of transparency; stresses the importance of transparency for an adequate democratic functioning and participation within the Union that generates trust among its citizens; endorses in this regard the recommendations by the Ombudsman in its recent Special Report on transparency of the Council legislative process;
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that EU institutions should enhance efforts to ensure greater effectiveness of the electoral rights of Union citizens; highlights the fact that electoral laws in many Member States remain complex and in occasions put excessive hurdles to the exercise of the right to vote or directly prevent it, particularly in the case of EU citizens having exercised their right to free movement, which are estimated to amount 15 million people; urges the Commission to call on the Member States to actively uphold best practices which help citizens to vote in and stand for EU elections pursuant to Article 22(2) TFEU, including the publication of electoral laws one year before EU elections, the combating of fake news and the promotion of media pluralism;
Amendment 13 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 14 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. 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 17 #
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the outcomes of the public hearing held by the Committee on Petitions in June 2017 on ‘Restoring Citizens’ Trust and Confidence in the European Project’, which underlined, inter alia, the need to render the EU electoral procesdecision- making process and institutions more open and transparent for all Union citizens as a way of strengthening EU public discourse and countering perceptions of a democratic deficit; insists that by credibly leading the fight against corruption the Union would make an crucial step, not only in ensuring a good administration in all Member States and protecting tax-payers general interest, but also in reinforcing its image as such in the eyes of EU citizens; considers that the EU should be exemplary and apply the highest standards to prevent any conflict of interests, also with regards to the appointments to relevant posts in the EU institutions and agencies; regrets recent episodes of revolving doors by commissioners that undermine the perception of the Union by the public opinion;
Amendment 33 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that EU citizenship is additional to citizenship of a Member State; underlines that EU citizenship enables the complementarity of differentmultiple identities for the citizen, and that exclusive nationalistm and populist ideologies undermine that capacity; is of the opinion that exercising active citizenship is keywhich should be linked to residency is key to reinforcing the sense of belonging to a political project and to building open, inclusive and resilient societies;
Amendment 33 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that, the EU being conceived as a union of Member States but also citizens as such, individuals having enjoyed EU citizenship by means of the membership in the Union of the Member State they were nationals of should not be automatically dispossessed from it, but be entitled to still enjoy the most substantial of its rights and benefits, on the basis of their residence;
Amendment 34 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is convinced that the full deployment of the different dimensions of the social pillar within the scope of the treaties is a priority in order to enhance the implications of EU citizenship within people's daily life; considers it essential in order to improve the perception of the added value of the Union for its citizens and residents and revert the current trend of disaffection; stresses that full accessibility of EU institutions and the content of their policies, also by digital means and for persons with disabilities, is imperative; recalls the Union commitment within the framework of the UN Convention on the Rights of Persons with Disabilities and underlines the clear link of its fulfilment with the full enjoyment of EU citizenship by every person.
Amendment 39 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Erasmus+ programme, the Rights, Equality and Citizenship programme, and the Europe for Citizens programme bring, for EU citizens and in particular the young, great benefits by raising their awareness of their status as EU citizens and enhancing their knowledge of the rights deriving from that status and its underlying values; takes the view that European voluntary programmes such as European Voluntary Service and the European Solidarity Corps also play an integral part in building European citizenship; underlines the paramount importance of such programmes, especially among young people, and calls for them to be financially reinforced;
Amendment 40 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that Union citizenship, besides granting freedom of movement, voting rights, consular protection, right to petition and to turn to the European Ombudsman, has also extended implications and confers rights in the field of democratic participation as derived from Articles 10 and 11 TEU among others;
Amendment 41 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses that for the exercise of the right to participate in the democratic life of the Union, decisions should be taken as openly and as closely possible to the citizen and it is therefore fundamental to ensure relevant guarantees on transparency in decision-making and fight against corruption;
Amendment 42 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Stresses that for the full enjoyment of Treaty provisions linked to EU citizenship, including participation in the democratic life of the Union, it is essential that fundamental rights are protected and promoted;
Amendment 42 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the right to petition, pursuant to Article 227 TFEU, represents a formal channel for citizens to communicate directly with the EU institutions and to signal the incorrect application or transposition of Union law by national authorities, as well as indicating possible loopholes within the acquis; notes that while citizens across the Union are aware of the right to petition, and there is a persisting lack of clarity as to the proper delineation of competences between the Union and the Member States; calls on the Commission to increase communication efforts to clarifyexpectation of an added value of the Union by a thorough handling of their concerns, they often experience arbitrariness and lack of clarity as to the proper delineation of competences between the Union and the Member States, resulting in inaction from the Union institutions; considers that this is detrimental to the perception of Union citizenship and calls on the Commission to increase efforts to exercise its duty of guardian of the treaties and play a proactive role within the Union competences, especially in the policy areas which garner the highest number of petitions, namely: the environment, fundamental rights (notably voting rights and rights of the child), the free movement of persons, social affairs and employment, discrimination and immigration;
Amendment 43 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Points out at the worrying tendency of shrinking space for civil society in the world and also in Europe and of increasing criminalisation, bureaucratisation and funds restrictions for fundamental rights organisations, in particular women’s rights organisations and activists;
Amendment 44 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Regrets that gender mainstreaming is not consistently implemented in all EU activities which prevents the full enjoyment of the rights linked to EU citizenship by women;
Amendment 46 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned at the trend to decline in voter turnout in both national and European Parliament elections; is convinced that the strengthening of the EU public sphere and the full implementation of European citizenship has the potential to help reverse that decline by increasing citizens’ sense of belonging to a European community and boosting representative democracy;
Amendment 46 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that multilingualism within the institutions and in their interaction with citizens is an essential aspect to reinforce the notion of EU citizenship; calls for more efforts to be taken in ensuring as much as possible the availability of official documents beyond the three working languages; is convinced that expanding the communication of the Union with citizens to those languages that while not yet official at the Union level do enjoy recognition and are widely spoken in Member States would have a positive impact in the perception of EU citizenship; suggests that necessary provisions are adopted so that these languages can also be used by Members in plenary sittings, upon prior notification;
Amendment 48 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that transnational lists have the potential to reinforce the EU public sphere in the framework of EU elections by promoting a EU wide debate based on EU related policies instead of framing the electoral campaign on national issues;
Amendment 49 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that according to Article 17 TEU the appointment of the President of the Commission needs to take into account the result of the elections to the European Parliament; underlines the political importance and symbolism of this figure in terms of reinforcing EU citizenship;
Amendment 50 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Stresses that, in order to protect the political rights of all EU citizens, it is fundamental to combat the barriers women face when participating in the democratic life of the Union;
Amendment 52 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that, in a system of representative democracy, it is essential to ensure the proper functioning of EU institutions in order to protect all political rights of EU citizens; calls for more determined steps to be taken to ensure the right to good administration for EU citizens, as established in Article 41 of the EU Charter of Fundamental Rights, and particularly within the field of the right to access to documents granted by it Article 42;
Amendment 52 #
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the revision of the legal framework governing the European Citizens’ Initiative (ECI) presents an opportunity to enhance citizen participation in EU policy making by rendering the instrument less bureaucratic and more accessible; underlines that enough infrastructure and support for the conduction of ECIs throughout its process have to be resourced from the Union; calls on the Commission to develop more robust practices as regards the political and legal follow-up given to successful ECIs.
Amendment 55 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Insists that by credibly leading the fight against corruption the Union would make a crucial step, not only in ensuring a good administration in all Member States and protecting tax-payers general interest, but also in reinforcing its image as such in the eyes of EU citizens; considers that the EU should be exemplary and apply the highest standards to prevent any conflict of interests, also with regards to the appointments to relevant posts in the EU institutions and agencies; regrets recent episodes of revolving doors by commissioners that undermine the perception of the Union by the public opinion;
Amendment 55 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that EU citizenship programmes as "Erasmus+" or "Europe for Citizens" together with other initiatives aimed at promoted democratic participation in the life of the Union, such as crowdsourcing, are crucial elements that need to be renewed and boosted within the upcoming Multiannual Financial Framework;
Amendment 56 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Considers that the revision of the legal framework governing the European Citizens’ Initiative (ECI) presents an opportunity to enhance citizen participation in EU policy making by rendering the instrument less bureaucratic and more accessible;
Amendment 57 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Considers that multilingualism within the institutions and in their interaction with citizens is an essential aspect to reinforce the notion of EU citizenship;
Amendment 58 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the benefits that free movement brings to EU citizens and the Member States’ economies; points out that the rights derived from Directive 2004/38/EC on the right of citizens of the Union and their families to move and reside freely within the territory of the Member States are not always known and respected, which leads to obstacles to free movement and residence for EU citizens and their families; recalls the obligation of the Member States to protect freedom of movement rights, including family reunification, for same-sex couples:
Amendment 58 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that the Charter of Fundamental Rights enclosed in the Lisbon Treaty is the most essential piece, both symbolically and in content, framing EU citizenship; regrets that its article 51, combined with a recurrent restrictive interpretation thereof, often renders it of void application, generating frustration and eventually disenchantment of concerned citizens towards the common project; considers that this fact ought to be corrected at the earliest possible stage, ultimately by suppressing this article from the Charter;
Amendment 62 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Reminds that the Lisbon Treaty foresees in itself the procedure for its revision, as established in article 48 of the Treaty of the European Union; underlines that this is a valuable tool in order to further upgrade the possibilities of EU citizenship; notes that ten years have passed since the last treaty revision, one of the longest periods without reviews during the past decades; considers that the reality of Brexit represents a clear pretext and a unique trigger to undergo a new process of revision; invites to the launch of a new European Convention for this purpose;
Amendment 66 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that in order to truly protect freedom of movement, the EU needs improve its measures to avoid social dumping; fair pay, union rights and decent working conditions must be secured through EU legislation;
Amendment 69 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Petition the European Parliament and complain to the European ombudsperson
Amendment 70 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of the right to petition, as established by Articles 227 TFEU and 44 of the Charter of Fundamental Rights, respectively, and the right to refer to the Ombudsman consigned in Articles 228 TFEU and 43 of the Charter of Fundamental Rights; commends the work of the EU Ombudsman in combating maladministration in the Union institutions, bodies and agencies, and particularly on the field of transparency; stresses the importance of transparency for an adequate democratic functioning and participation within the Union that generates trust among its citizens; endorses in this regard the recommendations by the Ombudsman in its recent Special Report on transparency of the Council legislative process;
Amendment 71 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Notes that while citizens across the Union are aware of the right to petition, and there is a persisting expectation of an added value of the Union by a thorough handling of their concerns, they often experience arbitrariness and lack of clarity as to the proper delineation of competences between the Union and the Member States, resulting in inaction from the Union institutions; considers that this is detrimental to the perception of Union citizenship and calls on the Commission to increase efforts to exercise its duty of guardian of the treaties and play a proactive role within the Union competences, especially in the policy areas which garner the highest number of petitions, namely: the environment, fundamental rights (notably voting rights and rights of the child), the free movement of persons, social affairs and employment, discrimination and immigration;
Amendment 75 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Suggests that the Commission, through the procedure established in Article 25 TFEU, extend the rights listed in Article 20(2) TFEU in order to allow EU citizens to choose whether to vote in their Member State of nationality or of residence and that this be extended to include all elections, in line with the constitutional possibilities of each Member State;
Amendment 78 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Proposes, in the next revision of the Treaties, to link EU citizenship to residency in a EU Member State;
Amendment 79 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recommends that the President of the next Commission should be proposed by the European Council amongst the "Spitzenkandidaten" who can gather a majority within the European Parliament;
Amendment 82 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Strongly encourages the European political parties and their party members to ensure a gender balanced representation of candidates by means of zipped lists or other equivalent methods;
Amendment 83 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Suggests a revision of Regulation 1049/2001 on access to documents in order to upgrade the enjoyment of this right by EU citizens and its civil society;
Amendment 84 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Calls on the Commission to develop more robust practices as regards the political and legal follow-up given to successful ECIs;
Amendment 85 #
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13 f. Calls for more efforts to be taken in ensuring as much as possible the availability of official documents beyond the three working languages; is convinced that expanding the communication of the Union with citizens to those languages that while not yet official at the Union level do enjoy recognition and are widely spoken in Member States would have a positive impact in the perception of EU citizenship; suggests that necessary provisions are adopted so that these languages can also be used by Members in plenary sittings, upon prior notification;
Amendment 87 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for the consistent implementation of gender mainstreaming in all EU activities, in particular when adopting legislation or implementing policies linked to EU citizenship;
Amendment 88 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Requests to increase EU measures addressed to combat social dumping through, among others, a Minimum Income Directive, the adoption of fair leaves in the ongoing revision of the Parental Leave Directive and reinforcing other measures to combat the gender pay and pension gaps;
Amendment 94 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Urges to conclude the adoption of the horizontal EU Anti-discrimination Directive[1], in order to further guarantee fundamental rights concretely within the Union by means of adoption of concrete EU legislation, and therefore avoiding the current interference of Article 51; [1] 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 96 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Considers that the Charter of Fundamental Rights is an essential dimension for the implementation of EU citizenship; regrets that Article 51, combined with its restrictive interpretation, often narrows the application of the Charter, generating frustration and eventually disenchantment towards the European project; considers that this fact should be corrected at the earliest possible stage, ultimately by suppressing this Article from the Charter;
Amendment 98 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. 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 101 #
Motion for a resolution
Paragraph 19
Paragraph 19