Activities of Edouard MARTIN related to 2014/2215(INI)
Plenary speeches (1)
Special report of the European Ombudsman in own-initiative inquiry concerning Frontex (debate) FR
Shadow reports (1)
REPORT on the Special Report of the European Ombudsman in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex PDF (183 KB) DOC (131 KB)
Amendments (16)
Amendment 3 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- - Having regard to regulation (EU) 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
Amendment 26 #
Motion for a resolution
Recital G
Recital G
G. whereas Frontex is tasked to ensure the efficient implementation of the common rules on standards and procedures for the control and surveillance of the external borders with respect to fundamental rights, by means of closer coordination of operational cooperation between Member States;
Amendment 27 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas Frontex also builds operational cooperation with countries outside the EU as an integral part of its mission, in key areas such as information exchange, risk analysis, training, research and development, joint operations (including joint return operations) and pilot projects;
Amendment 29 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas, according to article 14.1 of the Frontex regulation, the Agency and the Member states shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries;
Amendment 45 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas the European Commission has committed to an upcoming Frontex Review
Amendment 66 #
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 of fundamental rights that would otherwise remain undetected, unreported and unresolved; stresses that this lack of transparency applies in particular in the case of Frontex's working arrangements, over which the European Parliament cannot exercise its democratic scrutiny, because it doesn't have to be consulted prior to the conclusion of these agreements and is not even informed about the way they are practically implemented;
Amendment 70 #
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; suggestrecognizes that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved;
Amendment 75 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-compliant with EU law and the principle of good administration and undermines the effective implementation of the Agency’s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’s role under EU law, in particular its participation in Migration Management Support Teams working in ‘hotspot’ areas;
Amendment 78 #
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, which acts on behalf of the European Union, even when it operates beyond its external borders, should not limit its responsibility under international and EU law, in particular to ensure that migrants and asylum seekers' fundamental rights are respected and protected; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 93 #
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 objectively check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly;
Amendment 107 #
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 taking 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 provisionestablished by the Fundamental Rights Officer as respecting the Charter of Fundamental rights for the admissibility of complaints; 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 120 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by at least the top 10 ´nationalities of 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 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 126 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that complaints with regards to breaches of fundamental rights during Frontex operations should not interrupt on-going Frontex lifesaving operations in order not to put the lives of people at risk.
Amendment 141 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recommends that when complaints originate from asylum seekers, in particular those which are part of vulnerable groups such as unaccompanied minors, the Fundamental Rights Office, shall consult with EASO and seek advice.
Amendment 159 #
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 envisagedin case of serious and persistent fundamental rights violations should be explored; furthermore the suspension and ultimately the termination of an operation should be considered and explored further only in case of consistent violations of fundamental rights and without impacting Frontex life-saving operations;
Amendment 177 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; cCalls on Frontex to provide the necessary resources to the Fundamental Rights Office for handling the complaints received;