11 Amendments of Fredrick FEDERLEY related to 2015/0281(COD)
Amendment 86 #
Proposal for a directive
Recital 5
Recital 5
(5) Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. These forms of behaviour should be punishable also if committed through the Internet, including social media.
Amendment 141 #
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission may be inferred fromshould be based on objective, factual circumstances.
Amendment 187 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects theis without prejudice to fundamental rights and fundamental legal principles recognisas enshrined byin Article 2 of the Treaty on the European Union, respects fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be implemented in accordance with these rights and principles.
Amendment 199 #
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offence and of each case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 202 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Sanctions in the area of terrorist offences, offences related to a terrorist group and offences related to terrorist activities should in no circumstances be used by Member States as a ground to circumvent their international obligations under the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967.
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) unduly compellingsing violence or the threat of violence to compel or seek to compel a Government or international organisation to perform or abstain from performing any act,
Amendment 321 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 367 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Due process in Internet related measures Member States shall ensure that any measure taken, for the purpose of this Directive, to restrict the online distribution, or otherwise making available, of a message to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and executed on the basis of a prior judicial authorisation.
Amendment 409 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Fundamental Rights and Principles 1. This Directive is without prejudice to fundamental rights and fundamental legal principles as enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law. 2. Restrictions to fundamental rights and freedoms must be provided for by law, and must be necessary and proportionate for the aim pursued. 3. This Directive shall be implemented in full accordance with the Charter of Fundamental Rights and principles of Union law.
Amendment 416 #
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Member States shall ensure that any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law has a right to a speedy, effective and enforceable remedy.
Amendment 438 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26a Sunset Clause This Directive shall expire after every five years, unless the Directive is prolonged for another five years by the Council and the Parliament upon a proposal of the Commission.