15 Amendments of Soraya POST related to 2018/0208(COD)
Amendment 45 #
Proposal for a regulation
Recital 2
Recital 2
(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, including the rights of the persons belonging to minorities, respect for human dignity, freedom, democracy, equality, non-discrimination and the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 49 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to revive, nurture and sustain our rights- based, equal, inclusive and democratic society. That includes a vibrantstrong civil society, encouragabling people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on reviving our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizensthe people in Europe and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 54 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles and values, such as non-discrimination, gender equality, equal and effective access to justice for all, the rule of law and a well- functioning independent judicial system shall be ensured in the further development of a European area of justice.
Amendment 62 #
Proposal for a regulation
Recital 8
Recital 8
(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law and as duty-bearers how to best serve the people in Europe. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the non-discriminatory, correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals, including also those working for human rights organisations, of different Member States, comprise awareness-raising trainings, active learning and networking elements and be sustainable. Awareness-raising trainings should include trainings about the challenges and obstacles experienced by ethnic minorities, such as the Roma, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence, trafficking, and victims of hate speech and hate crime. These trainings should be provided with the direct involvement of victims and the organisations representing and/or helping them.
Amendment 68 #
Proposal for a regulation
Recital 9
Recital 9
(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law, the European Union Agency for Fundamental Rights, relevant human rights organisations and NGOs. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.
Amendment 79 #
Proposal for a regulation
Recital 13
Recital 13
(13) The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners, and for NGOs undertaking this task as well.
Amendment 83 #
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which equal access to justice is instrumental. In order to facilitate effective and equal access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives.
Amendment 91 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, FRA, EU-LISa and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.
Amendment 92 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is necessary to ensure the European added value of all actions and activities carried out within the Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund – and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration ('AMIF') and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the European Social Fund+, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation13 . _________________ 13 Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 Text with EEA relevance
Amendment 99 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) Based on their importance and relevance, this Programme should contribute to fulfilling the commitment of the Union and its Member States to achieving the Sustainable Development Goals.
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to facilitate equal and effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.
Amendment 152 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011, and should be assisted by the relevant civil society and human rights organisations. Gender balance and appropriate representation of minority and other excluded groups in the Committee shall be safeguarded.
Amendment 157 #
Proposal for a regulation
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
2. mutual learning through exchange of good practices among stakeholders, including NGOs and human rights organisations, to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust;
Amendment 158 #
Proposal for a regulation
Annex I – paragraph 1 – point 2 a (new)
Annex I – paragraph 1 – point 2 a (new)
2 a. awareness-raising trainings for duty-bearers working in the judicial system about the challenges and obstacles experienced by people deprived of their rights - including ethnic minorities, such as the Roma, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence, trafficking, and victims of hate speech and hate crime - with the direct involvement of victims and the organisations representing and/or helping them;
Amendment 162 #
Proposal for a regulation
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
4. training relevant stakeholders, including NGOs, to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case- law of the Court of Justice of the European Union, legal language and of comparative law.