43 Amendments of Kostadinka KUNEVA related to 2017/2273(INI)
Amendment 8 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the European Parliament as the quintessence of representative democracy, should perform a crucial role in enforcing and implementing EU Law. The European Parliament's role as a natural receptor of petitions (materializing the right to petition enshrined in the article 44 of the EU Charter of Fundamental Rights of the European Union and articles 20 and 227 TFEU) is to liaise between the citizens and the institutions in cases relating to the implementation of EU law and provide fertile ground for discussion. For that reason stresses that the Parliament´s capacity to establish committees of inquiry and special committees should be elevated to pinpoint and examine cases serving the general public interest. The requirements of participatory democracy stated in the Lisbon Treaty provide that every citizen shall have the right to participate in the democratic life of the Union. Highlights, that citizens themselves have been instrumental in drawing to the attention of the institutions, cases of improper or non-application of EU law.
Amendment 9 #
Draft opinion
Recital A
Recital A
A. whereas equality between women and men is one, according to Article 2 TEU 3(3) TEU) the Union is founded ofn the core values on which the EU is founded and whereas the Union is committed to promoting it in all its actions as enshrined in Article 8 of the Treaty on the Functioning of the European Union (TFEU)f respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail; whereas Article 8 TFEU gives the Union the task of eliminating inequalities and promoting equality between men and women through all its activities;
Amendment 10 #
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas, the objectives of the Articles 2 and 3 (3) are also enshrined in Article 21 of the Charter of Fundamental Rights;
Amendment 11 #
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas equality between women and men is a fundamental value and right enshrined in the Treaty on European Union and the Charter of Fundamental Rights; whereas the European Union’s objective should be to reassure and promote equal opportunities and treatment for all and to combat all discrimination based on gender;
Amendment 12 #
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas Article 157 TFEU allows and Article 19 TFEU enables legislation to combat all forms of discrimination, including on the basis of gender;
Amendment 13 #
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the European Union and the Member States have committed themselves, in Declaration No 19 annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, ‘to combat all kinds of domestic violence […], to prevent and punish these criminal acts and to support and protect the victims’;
Amendment 14 #
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas EU legislation against trafficking in human beings, in particular women and children, has been adopted on the basis of Articles 79 and 83 TFEU, and the Rights, Equality and Citizenship programme finances, among others, measures contributing to the eradication of violence against women, based on Article 168 TFEU;
Amendment 15 #
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas EU directives focused on gender equality in particular, are not properly implemented in a number of Member States, leaving unprotected against discrimination in the areas of access to employment and access to goods and services people of different genders;
Amendment 16 #
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas gender-based discrimination intersects with other types of discrimination, as for example discrimination on grounds of race and ethnicity, religion, disability, health, gender identity, sexual orientation, age and/or socio-economic conditions;
Amendment 17 #
Draft opinion
Recital A h (new)
Recital A h (new)
A h. whereas 33 % of women in the EU have experienced physical and or sexual violence and 55 %have been sexually harassed, 32 % in the workplace; whereas women are particularly vulnerable to sexual, physical and online violence, cyber bullying and stalking; whereas more than half of female murder victims are killed by an intimate partner, relative or family member; whereas violence against women is one of the world’s most widespread human rights violations, regardless of age, nationality, religion, education, financial and social status, representing a major hindrance to equality between women and men; whereas the phenomenon of femicide is not decreasing in Member States;
Amendment 18 #
Draft opinion
Recital A i (new)
Recital A i (new)
A i. whereas the EU LGBT survey found that lesbian, bisexual and transgender women face a huge risk of discrimination on the basis of their sexual orientation or gender identity; whereas 23 % of lesbian women and 35 % of transgender persons had been physically/sexually attacked or threatened with violence at home or elsewhere (in the street, on public transport, at the workplace, etc.)at least once in the last five years;
Amendment 19 #
Draft opinion
Recital A j (new)
Recital A j (new)
A j. whereas when coming to the application and enforcement of EU gender equality law in the Member States, it has been found to carry specific problems related to the transposition and application of the relevant directives, such as substantive deficiencies in legislation and its inconsistent application by national courts;
Amendment 20 #
Draft opinion
Recital A k (new)
Recital A k (new)
A k. whereas institutions and mechanisms for gender equality are often marginalised in national governmental structures, divided in different policy areas, hampered by complex mandates, lacking adequate staff, training, data and sufficient resources, and experience insufficient support from political leadership;
Amendment 21 #
Draft opinion
Recital A l (new)
Recital A l (new)
A l. whereas there is an persisting issue of a lack of gender related-data creates, a short-fall causing ambiguities and contorts the reality around the status of gender equality, specially in terms of gender-based violence and violence against women;
Amendment 22 #
Draft opinion
Recital A m (new)
Recital A m (new)
A m. whereas according to the 2017 European network of legal experts in gender equality and non-discrimination´s comparative analysis of non- discrimination law in Europe, in the vast majority of countries serious concerns still persist around perception and awareness, as individuals are often not informed of their rights to protection against discrimination and of protection mechanisms. whereas, according to this analysis, in relation to enforcement of the EU antidiscrimination directives, further issues of concern such as the lack of (or too restrictive) legal standing of organisations and associations to engage in proceedings on behalf or in support of victims of discrimination, restrictive application of the shift of the burden of proofas well as a number of barriers to effective access to justice have arisen and serve as on obstacle for the citizens to fully enjoy and protect their rights deriving from the provisions of the anti- discrimination law;
Amendment 23 #
Draft opinion
Recital A n (new)
Recital A n (new)
A n. whereas the EIGE2017 Gender Equality Index shows only marginal improvements: the EU remains long way towards achieving gender equality, with the overall score 66.2 out of100 now, just four points higher than ten years ago;
Amendment 24 #
Draft opinion
Recital A o (new)
Recital A o (new)
A o. whereas in decision-making gender equality data showed improve by nearly 10 points over the past decade to reach 48.5, yet it still has the lowest score. whereas this backlash largely reflects the uneven representation of women and men in politics and marks a democratic deficit in EU governance;
Amendment 25 #
Draft opinion
Recital A p (new)
Recital A p (new)
A p. whereas Eurofound’s report on the gender employment gap estimates that the gender employment gap is costing the EU around EUR 370 billion per year, corresponding to 2,8 % of EU GDP;
Amendment 26 #
Draft opinion
Recital A q (new)
Recital A q (new)
A q. whereas according to Eurofound’s Working Condition Survey, the composite indicator of paid and unpaid working time shows that when the paid and unpaid working hours are computed, women work for longer hours;
Amendment 27 #
Draft opinion
Recital A r (new)
Recital A r (new)
A r. whereas, despite the fact that women attain on average a higher level of education than men, the EU-average gender pay gap remained at 16,3 %in 2015;
Amendment 28 #
Draft opinion
Recital A s (new)
Recital A s (new)
A s. whereas, despite the EU’s commitment to gender equality indecision-making, the management boards of EU agencies are seriously lacking in gender balance, and show persisting patterns of gender segregation;
Amendment 29 #
Draft opinion
Recital A t (new)
Recital A t (new)
A t. whereas the feminisation of poverty is a fact in the EU and whereas the proper and full application and enforcement of EU equality and gender equality laws should go hand in hand with policies targeting the very high rates of unemployment, poverty and social exclusion among women, phenomena that are closely linked to budget cuts to public services, such as healthcare, education, social services and welfare benefits; whereas lack of equality policies and implementation of gender and equality law further endangers women and increases the risk of poverty and social marginalisation by excluding them from the labour market;
Amendment 34 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines the fundamental role the rule of law has in terms of legitimacy of any form of democratic governance; Highlights that this is a cornerstone of the Union legal order and as such is consistent with the concept of a Union based on the rule of law;
Amendment 35 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Reiterates that the Commission has been appointed with the role of the “guardian of the Treaties”, according to Article 17 TEU and that in this context the Commission has the power and duty to monitor the implementation of EU law and to bring infringement proceedings against a Member State that has failed to meet the obligations foreseen under the Treaties;
Amendment 36 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Recalls that the principle of equality -in terms of equal pay for equal work- has been enshrined in the European Treaties since 1957 (Article 157TFEU) and highlights that Article 153 TFEU allows the EU to act in the wider area of equal opportunities and equal treatment in matters of employment and occupation;
Amendment 37 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Undertones the Commission’s role in monitoring the application of EU law and submitting its annual report to Parliament and the Council; Calls the Commission to further enrich its monitoring role and to incorporate indicators, such as gender, into the monitoring process and the various tools aiming to improve EU law implementation, enforcement and compliance in the Member States;
Amendment 38 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Stresses the need for more comprehensive, reliable, gender- disaggregated data that would allow for a clear picture of the status of equality in EU, but would also draw attention to issues of immediate concern and complement a better monitoring of the implementation of EU law, and especially the equality and anti-discrimination law;
Amendment 40 #
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that non-Recognises that the primary responsibility for the correct implementation, improper and application and lack of enforcement of the existing EU legislation in the area of equality between women and men affects the efficiency of the Unionof EU law lies with the Member States, but this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law; uUnderlines that the EU institutions and Member States have the responsibility to ensure its implementation and enforcement; Points out that non- implementation, improper application and lack of enforcement of the existing EU legislation in the area of equality between women and men affects the efficiency of the Union;
Amendment 42 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that citizens and others affected by improper and non-application of EU law should be facilitated in every way possible to contact the institutions without facing administrative burdens or other difficulties.
Amendment 43 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that while the conception of the Regulatory Fitness and Performance Programme (REFIT), provided in the Better Regulation Communication in 2015 and further promoted in the Commission Communication ''EU Law: Better results through better application'' of 2016, is well intended, yet it still fails to allow citizens to stress effectively the issue pertinent to existing EU legislation. Notes that the upgrade of the Better Regulation Guidelines and the Toolbox are positive steps the REFIT platform still does not incorporate elements of impartial public consultation with stakeholder groups, while low submission rates are indicative of the lack of clarity and simplicity in procedures. Calls for the adaptation of rules in order to allow contributions without discrimination on grounds of media and digital literacy or disability, etc. This can be achieved by ensuring web-accessibility and upgrading the role of the Europe Direct information network to accept physical contributions and provide guidance for the submission procedures.
Amendment 45 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the impact that effective application of EU law has on strengthening the credibility of the European institutions; Therefore considers the Annual report published by the European Commission, the right to Petition and the ECI important tools in order for the EU legislators to identify possible loopholes;
Amendment 48 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Reiterates that with the entry into force of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union has become a binding set of EU fundamental rights and that the Charter prohibits discrimination on any ground, without limiting this prohibition to any specific fields and is addressed to the EU institutions, bodies, offices and agencies and to the Member States when they are implementing Union law;
Amendment 49 #
4c. Reiterates that in line with the Treaty on the Functioning of the European Union (TFEU) and the jurisprudence of the Court of Justice of the European Union (CJEU), transposition means the legal or regulatory process by which a piece of EU legislation is incorporated into the national legal order, implementation is a general term covering both transposition and application. Application denotes the practical application of the national transposing provisioning to a concrete situation or to a number of situations. Furthermore, enforcement means the measures taken after the monitoring process reveals shortfalls with full- compliance of EU Law (either flawed transposition or pathogenies in implementation).
Amendment 50 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes with appreciation to the CJEU that the broad interpretation of the concept of equal pay for equal work, as articulated by the Court and its extensive case law on this article have certainly broadened the possibilities to combat both direct and indirect sex pay discrimination and to narrow the gender pay gap, yet more remain to be done in order to eliminate the persisting gender-pay gap in EU;
Amendment 51 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Expresses concern that cases relevant to the free movement of persons and Union citizens, despite being low in number - comparing to other areas of law – are among the sectors with the longest average duration pending at a pre- litigation phase (55 months on average for the year 2016). Therefore, calls for a timely processing, thus safeguarding legal certainty and the protection of legitimate interests.
Amendment 52 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Reiterates the importance for gender equality mainstreaming that was aimed to achieved with Directives such as 75/117/EEC (on equal pay for men and women ), the Directive 76/207/EEC, amended by Directive 2002/73/EC (on equal treatment of men and women in employment ), the Directive 79/7/EEC (on equal treatment of men and women in statutory schemes of social security ), the Directive 86/378/EEC, amended by Directive 96/97/EC (on equal treatment of men and women in occupational social security schemes ), the Directive 86/613/EEC, repealed by Directive 2010/41/EU (on equal treatment of men and women engaged in an activity, including agriculture, in a self-employed capacity ), the Pregnant Workers’ Directive (92/85/EEC), the Parental Leave Directive (96/34/EEC, repealed by Directive 2010/18/EU), the Directive on equal treatment of men and women in the access to and the supply of goods and services(2004/113/EC) and, finally, the so-called Recast Directive (2006/54/EC) and stresses the need recasting existing directives aiming at clarification and bringing together in a single text the main provisions of the directives subject to this recasting process;
Amendment 53 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Is deeply saddened that despite the introduction of legal principles against inequality in pay between men and women, this alone does not eradicate the gender pay gap that persists. Recalls that an important feature to be highlighted is that the Recast Directive requires that the Member States ensure that provisions in collective agreements, wage scales, wage agreements and individual employment contracts which are contrary to the principle of equal pay shall be or may be declared null and void or may be amended;
Amendment 53 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Highlights the importance to safeguard the integrity of the EU legal order, which includes primary, secondary and soft law. For that reason calls for the timely adoption of legislative and non- legislative initiatives required for making European Pillar of Social Rights a reality for citizens. Underlines that timely adoption of legislative and non-legislative initiatives is a necessity recognized both by the European Commission and the European Parliament.
Amendment 54 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Underlines that except for the existing tools in place for the implementation of the EU law, further attention should be given both by the Member-States and the European Commission to alternative instruments that would allow for wider implementation of the EU Law, especially the provisions concerning equality in terms of payment. Therefore, highlights the importance of collective agreements for achieving equal pay, parental leaves and other related to employment rights thought collective bargaining;
Amendment 55 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Notes with concern that only a few cases on equal pay are brought to the courts every year (and some additional cases to the competent equality bodies) and believes that the low level of litigation may be that the alleged victim must often look for a comparator in order to claim discrimination;
Amendment 56 #
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Recalls its resolution of 15 January 2013 calling for the adoption of an EU regulation on a European law of administrative procedure under Article 298 TFEU. Notes with disappointment that the European Commission failed to follow the Parliament´s request to bringing forward a proposal for a legislative act in respect of the law of administrative procedure;
Amendment 68 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the significance of the role of the Commission as the'' guardian of the Treaties''. Reiterates that the Commission investigative powers which are only sectoral and not general (currently in the areas of antitrust/competition - Council Regulation No. 1/2003, merger control - Council Regulation No. 139/2004, and State Aid - Council Regulation 2015/1589) are about to expanded through the proposal of the Single Market Information Tool (SMIT) which will allow requests of information from private firms or trade associations when the Commission initiates or substantiates infringements proceedings against Member States. Stresses the need to safeguard within that framework of the exercise of those powers adequate defence rights and procedural safeguards, such as the protection against self-incrimination (derivative of the right to a fair trial and the presumption of innocence) enshrined in Article 6 of the European Convention on Human Rights and Article 47 and 48 of Fundamental rights of the EU while ensuring full transparency.
Amendment 75 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights that the proposal for revision of the Regulation 211/2011 is a positive step towards the contact between the citizens and the institutions and could contribute in releasing the untapped potential of the European Citizen's Initiative and eventually enriching the gap of democratic legitimacy.