21 Amendments of Kostas CHRYSOGONOS related to 2015/0281(COD)
Amendment 64 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Punitive sanctions should be complemented by long-term policies to prevent the radicalisation and recruitment of citizens of the Union by terrorist organisations. Strategies on social inclusion, education, employment and housing and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations are crucial to countering terrorism.
Amendment 66 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Member States should share good practices on the setting-up of de- radicalisation structures to prevent citizens of the Union and third-country nationals legally residing in the Union from leaving the Union or to control their return to it and their judicial approach in this regard notably through Eurojust. They should share such good practices not only among each other but also with third countries which have already acquired experience and achieved positive results in this area.
Amendment 76 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Member States should strengthen the professionalism of security forces, law enforcement agencies and justice institutions; and ensure effective oversight and accountability of such bodies, in conformity with international human rights law and the rule of law. This includes human rights training to security forces including on how to respect human rights within the context of measures taken to counter violent extremism and terrorism.
Amendment 99 #
Proposal for a directive
Recital 7
Recital 7
Amendment 106 #
Proposal for a directive
Recital 8
Recital 8
Amendment 120 #
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disrupting the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist financing should also be punishable. Sanctions should be reviewed by an independent oversight body and any sanctions should be linked to a specific criminal offence, to avoid arbitrary decisions on the basis of national, religious, ethnical, or racial criteria.
Amendment 134 #
Proposal for a directive
Recital 12
Recital 12
(12) The attempt to travel abroad for terrorist purposes, should be punishable, as well as the attempt to provide training and recruitment for terrorism should be punishable.
Amendment 142 #
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 mayshould be inferred from objective, factual circumstances.
Amendment 198 #
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 offenceach 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 200 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The Internet plays an essential role in promoting values of peace, tolerance and solidarity as well as promoting and protecting Human Rights and Fundamental Freedoms within and outside the European Union.
Amendment 221 #
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 Ggovernment of a Member State or international organisation to perform or abstain from performing any act,
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endangering human life or result in major economic loss;
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Nothing in the present Directive should be construed to affect in any way other rights, obligations and responsibilities Member States and individuals have under international law, including international humanitarian law and international criminal law.
Amendment 279 #
Proposal for a directive
Article 9
Article 9
Amendment 289 #
Proposal for a directive
Article 10
Article 10
Amendment 318 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Burden of proof The burden of proof for Articles 3 to 14 shall lie solely on the prosecutor. No reversal of this burden, nor assumption of guilt shall be invoked
Amendment 406 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Fundamental Rights and Principles 1. This Directive shall not have the effect of altering the obligation to respect 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, be necessary and proportionate for the aim pursued. This Directive shall not result in arbitrary decisions or in discriminatory policies and practices based on perceived nationality, religion, ethnic or racial origin. 3. This Directive shall be implemented in accordance with the Charter of Fundamental Rights and principles of Union law.
Amendment 413 #
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Emergency situations and fundamental rights In time of war or other public emergency threatening the life of the nation, Member States may take measures to derogate certain rights, in line with Union and international law. Such circumstances do not relieve the authorities from demonstrating that the measures undertaken are applied solely for the purpose of combating terrorism and are directly related to the specific objective of combating terrorism.
Amendment 418 #
Proposal for a directive
Article 23 c (new)
Article 23 c (new)
Article 23c Right to effective remedies 1. 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. 2. Member States' judicial authorities shall have the ultimate responsibility to ensure that this right is effective.
Amendment 420 #
Proposal for a directive
Article 23 d (new)
Article 23 d (new)
Article 23d Non-discrimination This Directive shall not have the effect of requiring Member States to take measures which could result in direct or indirect discrimination or which would be based on religious practice and ethnic criteria. The Commission shall regularly assess the implementation of the Directive with regard to any potential disproportionate impact on groups of the population and remedial procedures to correct discriminatory practices and report their findings to the European Parliament and Council.
Amendment 437 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. In light of the independent reports of the European Commission, Member States shall conduct parliamentary periodic reviews.