21 Amendments of Kostas CHRYSOGONOS related to 2014/2215(INI)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 67(1), 72, 228 and 22863 of the Treaty on the Functioning of the European Union,
Amendment 2 #
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, in particular Article 41 thereof,(Right to good administration) and Article 47 (Right to an effective remedy and to a fair trial)
Amendment 9 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Frontex code of conduct for joint return operations coordinated by frontex;
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas different NGOs and international organizations have denounced fundamental rights violations and systematic breach of other international legislation, such as the principle of non-refoulement and the principles regarding asylum laid down in the Geneva Conventions, during Frontex operations;
Amendment 12 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas Frontex as any other EU institution, body, office or agency in its activity, has to comply with the Charter of Fundamental Rights and whereas this obligation finds its translation in Article 263 TFEU according to which "acts setting up bodies, offices and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies, offices or agencies intended to produce legal effects in relation to them";
Amendment 13 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas Article 263 TFEU also provides that the Court of Justice of the European Union shall review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.
Amendment 14 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas even today Frontex coordination activity cannot in practice be dissociated from the Member State activity done under its coordination so that also Frontex (and thereby the European Union through it) could have direct and indirect impact on individual's rights and trigger, at the very least the EU extra- contractual responsibility (see Court of Justice Judgement T-341/07 Sison III); whereas such responsibility cannot be avoided simply because of the existence of administrative arrangements with the Member States involved in a Frontex coordinated operation when such arrangements have an impact on one' s fundamental right;
Amendment 19 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas Article 9 of Regulation 863/2007 provides that team members responsible for carrying out monitoring and surveillance activities at the external borders must comply with Community law and the national law of the host Member State.
Amendment 20 #
Motion for a resolution
Recital C
Recital C
C. whereas in 2012 the European Ombudsman opened an own-initiative inquiry into the implementation by Frontex of its fundamental rights obligations which showed Frontex was failing to respect fundamental rights;
Amendment 23 #
Motion for a resolution
Recital D
Recital D
D. whereas the draft recommendations of the European Ombudsman, which were ignored by the relevant authorities, include implementing an individual complaints mechanism;
Amendment 44 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Amendment 48 #
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. Whereas growing humanitarian and legal challenges at the EU's external borders are being presented as evidence of the imperfect implementation of a genuine EU approach; whereas this is rather the result of EU restrictive immigration policy which has had a negative impact on the rights of migrants, asylum seekers and refugees;
Amendment 82 #
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 and should respect the national law of the host Member States whenever it applies more favourable standards for third country nationals and stateless individuals; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 112 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that migrants and stateless individuals should also have access to the complaints mechanism, including those who could be considered to be from safe countries of origin;
Amendment 155 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Clear criteria on when Frontex's staff members should be excluded shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM
Amendment 160 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Clear criteria on when Frontex operations should be terminated shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM
Amendment 166 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check;
Amendment 173 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Following Article 13 of the Frontex Code of Conduct for Joint Operations, international organisations and NGOs, as independent from the authorities enforcing returns, should be informed of the preparation of Joint Return Operation and allowed to monitor their application/implementation
Amendment 181 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. In order to improve Frontex's transparency, accountability and effectiveness and to allow the thorough investigation of individual complaints, the use of funds by Frontex should be regularly reported to the parliament and made public on their website
Amendment 190 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex RegulationConsiders that the Frontex legal framework should be urgently updated to cover the situations of de facto power of Frontex upon individuals; recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; calls furthermore on the Commission to provide in the forthcoming review proposals for increased transparency and accountability regarding the spending of the Frontex budget;
Amendment 200 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Instructs its President to forward this resolution to the Council, the Commission and the, national parliaments. and Frontex