Activities of Elmar BROK related to 2017/2089(INI)
Shadow reports (1)
REPORT on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework PDF (327 KB) DOC (107 KB)
Amendments (25)
Amendment 1 #
Motion for a resolution
Citation 4
Citation 4
Amendment 2 #
Motion for a resolution
Citation 8
Citation 8
Amendment 7 #
Motion for a resolution
Citation 34
Citation 34
Amendment 8 #
Motion for a resolution
Citation 35
Citation 35
Amendment 9 #
Motion for a resolution
Citation 36
Citation 36
Amendment 10 #
Motion for a resolution
Citation 38
Citation 38
— having regard to the studies entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, and ‘The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’ and ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’ published by its Directorate- General for Internal Policies on 22 November 2016, and 15 February 2016 and 12 January 2016 respectively14, _________________ 14 Study entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C, 22 November 2016; study entitled ‘'The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’, Directorate-General for Internal Policies, Policy Department C, 15 February 2016 and study entitled ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’ of 12 January 2016.
Amendment 11 #
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
- whereas this report does not assess each individual right contained in the Charter, but, rather, analyses implementation of the Charter as an instrument of primary law;
Amendment 14 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Article 51 of the Charter circumscribes the scope of the Charter with regard to observing the principle of subsidiarity, taking account of the powers of the Member States and of the Union, and respecting the limits of the powers conferred on the Union in the Treaties;
Amendment 15 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas Article 51(2) of the Charter makes it clear that the Charter does not extend the scope of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties.
Amendment 23 #
Motion for a resolution
Recital I
Recital I
I. whereas the promotion by the Union's institutions and bodies of the broad spectrum of rights provided for in the Charter – ranging from civil and political to social, economic and third- generation rights – would constitute a crucial impetus to develop a European public sphere and to give tangible expression to the concept of European citizenship and to the EU participatory dimension enshrined in the Treaties;
Amendment 25 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises the several important steps made by the EU institutions to integrate the Charter into the EU legislative and decision-making processes; regrets, however, their passive attitude toward the Charter focused principally on avoiding the violation of its provisions rather than o, and acknowledges the difficulties involved in actively promoting and ensuring the fulfilment of the rights and principles provided for therein;
Amendment 30 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; stresses the need to provide forpossibility of enhanced forms of consultation, impact assessments and legal scrutiny with the full involvement of independent experts in the field of fundamental rights experts; calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights;
Amendment 32 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the Commission, the Council and Parliament to revise Council Regulation 168/2007 in order to allow the FRA to deliver non-binding opinions on draft EU legislation on its own initiative, and to promote systematic consultations with the Agency through a revision of the Interinstitutional Agreement on Better Law-Making;
Amendment 44 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the EU legislators to endorseacknowledge and act on the outcomes of the judgment of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues16, and to guarantee the overall transparency of these negotiations ; urges the Council to swiftly address the concerns raised with regard to the transparency of its decision-making process and access to documents in line with the relevant recommendations of the European Ombudsman; _________________ 16 Judgment of the General Court of 22 March 2018, Emilio de Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167.
Amendment 45 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that EU policy-making must rely upon the principles and objectives set out in Articles 2, 3, 4, 5 and 6 TEU, while fully endorsing and implementing the requirements enshrined in the provisions having general application of Title II, Part I, of the TFEU;
Amendment 52 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the almost complete absence of references to fundamental rights within the legal framework regulating EU economic and monetary policy; recalls, in this regard,Stresses that recourse to intergovernmental arrangements does not relieve the EU institutions – a process in which they are nevertheless involved – of their obligations to assess the compatibility of such instruments with EU law, including the Charter;
Amendment 56 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Council to make macroeconomic decisions conditional on robust human rights assessments, based on the full range of civil, political and social rights guaranteed by the European and international human rights law instruments; calls, once again, on the Commission to take the steps required for EU accession to the European Social Charterto look into what steps are needed for accession by the European Union to the revised European Social Charter and to propose a time frame for achieving that objective;
Amendment 61 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for a social protocol to be incorporatedStresses that, on the basis of the powers laid down into the Treaties in order to strengthen fundamental social rights in relation to economic freedoms, and, it is primarily the responsibility of the Member States to impart effectiveness and tangible expression to the social provisions enshrined in the Charter;
Amendment 62 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 70 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 78 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note of the differentiated range of policies and instruments developed by the various agencies to give effect to their human rights’ obligations, resulting in varying degrees of implementation; stresses the needat it makes sense to promote EU intra-agency cooperation, as well as structured dialogues with relevant national stakeholders and independent human rights experts, and to build onhat existing best practices, must be built on in order to advance a common and strengthened human rights framework;
Amendment 79 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 84 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets the absence, in many EU agencies’ founding regulations, of an explicit reference to the Charter; calls on the co-legislators to urgently fill this gap, and to provide, taking account of the mandate and the specificities of each individual agency, for additional operational mechanisms such as, for instance, the establishment of internal fundamental rights officers;
Amendment 93 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is convinced that the current dualism characterising Article 51 of the Charter in relation to rights and principles, as well as the differences in the application of the provisions of the Charter between EU institutions, bodies, offices and agencies of the Union and the Member States, is are detrimental to the added value brought by the Charter, namely that of representing a set of common minimum standards of protection to be applied horizontally to all institutional actors and policies and activities connected to the EU sphere;
Amendment 97 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the EU institutions and the Member States to move toward aallow for more flexible and unconstrained interpretation of Article 51 of the Charter, allowing for a straightforward application of the Charter as a whole, and to evaluate the possibility of repealing the article in the event of a possible future revision of the Treatiesstraightforward application of the Charter as a whole;