1360 Amendments of Sylvia-Yvonne KAUFMANN
Amendment 103 #
2018/2170(REG)
Parliament's Rules of Procedure
Rule 211 – title
Rule 211 – title
Public hearings and plenary debates on citizens’ initiatives
Amendment 105 #
2018/2170(REG)
Parliament's Rules of Procedure
Rule 211 – paragraph 7 a (new)
Rule 211 – paragraph 7 a (new)
7 a. Parliament shall hold a plenary debate on a citizens' initiative published in the relevant register pursuant to point (a) of Article 10(1) of Regulation (EU) No 211/2011, at a part-session following the public hearing and shall, when placing the debate on its agenda, decide whether or not to wind up the debatewith a resolution. It shall not wind up the debate with a resolution if a report on an identical or similar subject matter is scheduled for the same or the next part- session, unless the President, for exceptional reasons, proposes otherwise. If Parliament decides to wind up a debate with a resolution, the committee responsible for the subject matter or a political group or Members reaching at least the low threshold may table a motion for a resolution. Rule 123(3) to (8) concerning the tabling and voting of motions for resolutions shall apply mutatis mutandis.
Amendment 46 #
2018/2103(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
Amendment 53 #
2018/2103(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the FRA study on “Severe labour exploitation: workers moving within or into the European Union” states that victims of severe labour exploitation who are in an irregular situation of residence are discouraged by their status from reporting to any public authority;
Amendment 55 #
2018/2103(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the FRA study “Making hate crime visible in the European Union: acknowledging victims’ rights” states that an immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;
Amendment 57 #
2018/2103(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the FRA survey “Second European Union minorities and discrimination survey” states that only one out of eight respondents reported or filed a complaint about the most recent incident of discrimination they experienced because of their ethnic or immigrant background;
Amendment 91 #
2018/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with concern that the 2017 FRA paper entitled ‘Challenges to women’s human rights in the EU’ confirms that women and girls experience persistent gender discrimination, sexist hate speech, and gender-based violence in the EU, which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas the report published in March 2014 by the European Union Agency for Fundamental Rights entitled ‘Violence against women: an EU- wide survey’ shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 105 #
2018/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the signing of the EU’s accession to the Istanbul Convention on 13 June 2017, despite the limitation to only two mandates namely the first comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level; regrets that, to date, only 1920 Member States have ratified the Conventionit, to date and calls on the remaining Member States to do so without delay; recognises that when it comes to determining European standards for the protection of women against violence, the Istanbul Convention is the most important point of reference; calls on the Council to swiftly agree on the Code of Conduct, which will govern the implementation of the Convention by the EUurges Member States and the Council Presidency to speed up the EU ratification process;
Amendment 111 #
2018/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ExpStresses concern about the risk of misogyny in European societies and its that sexism and gender stereotypes, that have led to domination over and discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life; calls on Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curriculaeducation at all levels and for all ages on equality between women and men, on non-stereotyped gender roles and on the respect for personal integrity is required to effectively address all forms of discrimination; calls on Member States to appropriately address this issue in school curricula; deplores that women still suffer from inequalities at work, such as lower participation rates in employment, the pay gap, the greater incidence of part-time employment, poorer pension entitlements, career segregation and poorer levels of progression; structural barriers to women’s economic empowerment are the result of multiple and intersecting forms of inequalities, stereotypes and discrimination in the private and public spheres;
Amendment 116 #
2018/2103(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly condemns all forms of violence against women (VAW) and therefore calls, once again, the Commission to propose a Directive that introduces common definitions and legal standards on criminalizing VAW with dissuasive sanctions for perpetrators, including measures to tackle effectively sexual harassment and violence in public spaces, at workplace, offline and online; calls on Member States to offer victims full support to report cases of violence against women safely and without fear of consequences, and to ensure appropriate training for professionals dealing with the victims; notes that cases of obstetric violence are more and more reported and that this issue should also be addressed by Member States, in full cooperation with adequate partners such as physicians’ and gynaecologists’ unions and organisations, hospitals and universities;
Amendment 121 #
2018/2103(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages EU Member States to take effective sSupports demonstrations that took place in several Member Stateps to respect and protect women’sin2017, following retrogressions related to sexual and reproductive health rights, including a range of civil, political, economic, social and cultural rights, including the rights to life, to health, to be free from torture and ill-treatment, to privacy, equality and non-discrimination; recand strong mediatisation of sexual harassment cases; strongly affirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexualities; calls on alls thate Member States have the obligation, under international human rights law, to provide all women with accessible, affordable, good quality sexual and reproductive healthcare and services; notes that this should include the elimination of laws, policies and practices that infringe upon these rights as well as the pto guarantee comprehensive sexuality education, ready access for women to family planning and the full range of reproductive and sexual health rights services, including modern contraception and safe and legal abortion; calls every Member State to refrain from adopting any legislative reform that would amount to a retrogression of already restrictive legislation on women’s access to safe and legal abortion; strongly reaffirms its support for women’s rights organisations, as they have revcention of the erosion of existingly been the target of legal protsecutions; ;
Amendment 147 #
2018/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 13 of the Convention on the Rights of the Child1 of the Charter of Fundamental Rights enshrine every individual’s right to hold opinions without interference, the right to freedom of expression and the right to seek, receive and impart information and ideas through any media, regardless of frontiers;
Amendment 151 #
2018/2103(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that public deliberation and debate are the lifeblood of a healthy and functioningvital to democracy and encourages, in this context, the EU and the Member States to take further steps to safeguards and protect freedom of speech and assembly as basic principles of democratic processes; strongly condemns in this regard the increasingany restrictions on freedom of assembly, which the authorities have enforced in some cases with violence against protesters; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies and calls on the Commission to take an active role in promoting these rights in line with international human rightsEU standards;
Amendment 166 #
2018/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that whistle- blowing is an essential element in investigative journalism and press freedom, and; denounces the threats, retaliations and condemnations that whistle-blowers still face in the EU; in this context, recalls its resolution of 24 October 2017 on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies3; points out that, according to the Communication from the Commission on Strengthening whistle-blowers protection at EU level in April 2018, only ten Member States have introduced comprehensive legislation to protect whistle-blowers; welcomes the Commission’s proposal for a horizontal Directive on the protection of persons reporting on breaches of Union law, and calls on co-legislators to swiftly pursue and end negotiations in that regard; __________________ 3 Texts adopted, P8_TA(2017)0402.
Amendment 170 #
2018/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s decision to establish a High Level Expert Group on fake news and online disinformation; expresses its concern about the potential threat the notion ofat fake news could pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; stresses that political profiling, fake news and manipulation of the information may be used by parties and private or public entities inside and outside the EU, and may hinder EU and national democratic processes, such as the Facebook-Cambridge Analytica scandal; calls on the Commission and co- legislators to work on legislations that would prevent political profiling and manipulation of the information and that would guarantee data protection, transparency and cybersecurity;
Amendment 180 #
2018/2103(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy, including serious restrictions of freedoms of association and speech for those organisations and citizens, and restrictions of financing; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights; calls for adequate EU funding to protect fundamental rights and support civil society organisations in the European Union, and for the integrity of those funding; invites the European Commission to establish guidelines regarding civil society and indicators on civic space in the EU;
Amendment 203 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU and its Member States should address adequatnd combat effectively discriminatory or violent treatment and reactions against the schooling ofand participation of children from minority backgrounds, especially migrant and refugee, and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address and promote respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula;
Amendment 226 #
2018/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to make efforts to systematically record, collect and publish annually comparable data onfight ethnic discrimination and hate crime in order to enable them andand, along with other key stakeholders, to develop effective, evidence-based legal and policy responses to these phenomena; recalls that any data should be collectedconsiders that if data on ethnic discrimination and hate crime were to be collected, it should be for the sole purpose of identifying the roots of and fighting xenophobic and discriminatory discourse and acts, in accordance with national legal frameworks and EU data protection legislation;
Amendment 231 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CIs concerned by the increased levels of racial violence and hatred, such as Afrophobia, anti-Gypsyism, anti- Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, messages spread on social networks, protests or political propaganda, that have come to be seen as normal in some Member States; calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) 4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should put forward or review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination; __________________ 4 OJ L 180, 19.7.2000, p. 22. OJ L 180, 19.7.2000, p. 22.
Amendment 238 #
2018/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Condemns incidents of hate crime and hate speech motivated by racism, xenophobia or religious intolerance or by bias against a person's disability, sexual orientation, sex characteristics or gender identity, which occur in the EU on a daily basis; calls for a zero tolerance approach to any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health; expresses its concern on the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States;
Amendment 254 #
2018/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia; bullying, harassment and violence and were facing multiple discriminations including in the areas of Education, Health, and Employment; encourages the Member States to adopt laws and policies to combat homophobia and transphobia; Welcomes the implementation of some items contained in the list of actions by the Commission to advance LGBTI equality (2014-2019); calls on the European Commission to maintain an ambitious and multiannual planning in this field in close cooperation with civil society organisations working in this field;
Amendment 258 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns firmly the promotion and the practice of LGBTI conversion therapies and pathologisation of trans identities; urges all Member States to criminalise LGBTI conversion therapies and to adopt measures that respect and uphold the right to gender identity and gender expression; denounces the fact that several Member States keep imposing requirements on transgender people such as medical intervention in order to have the changed gender recognised and forced sterilisation as a condition for legal gender recognition; notes that such requirements are clearly human rights violations; calls on the Commission to provide guidance to Member States on the best models for legal gender recognition in Europe; calls on Member States to recognise change of gender and to provide access to quick, accessible and transparent legal gender recognition procedures without medical requirements such as surgery or sterilisation or psychiatric consent;
Amendment 264 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
Amendment 265 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, currently implemented with the European Disability Strategy 2010-2020, to ensure equal opportunities, regarding: accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; underlines that, in its implementation report of the European Disability Strategy in February 2017, the Commission noted that although progress was made, particularly with the European Accessibility Act proposed in 2015, persons with disabilities are still disadvantaged and discriminated regarding employment, education and social inclusion; in that regard, stresses that the objectives of the Strategy remain, that accurate actions should be taken between 2017 and 2020 and that the European Parliament Resolution of 30 November 2017 recommended: compulsory requirements regarding accessibility in public space, minimum percentage for employment of persons with disabilities, guarantees for an inclusive education, including access to initiatives such as Erasmus +, and a particular attention for women and children with disabilities;
Amendment 269 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Regrets multiple and intersectional discriminations faced by elderly people in an ageing European society; calls on all level of governments to better integrate this dimension when drafting and implementing policies, including in the implementation of the European Pillar of Social Rights;
Amendment 270 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Insists that the UK Withdrawal Agreement and any Future Relationship Agreement between the EU27 and the UK must comply with fundamental human rights obligations, specifically in relation to those EU nationals’ resident in the UK who may no longer have these rights protected by the CJEU; Calls for the fundamental rights of EU citizens who moved within the union under freedom of movement to have these rights upheld after Brexit; calls for guarantees to be included in any Future Relationship Agreement; demands legal protection ensuring these rights cannot be removed in the future;
Amendment 275 #
2018/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights and in Article 47 of the EU Charter on Fundamental Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law;
Amendment 284 #
2018/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the rule of law is part of and a prerequisite for the protection of all values listed in Article 2 of the TEU; calls on all relevant actors at EU level and national level, including governments, parliaments and the judiciary to step up efforts to uphold and reinforce the rule of law; recalls that these actors have the responsibility to address rule of law concerns and that they play an important role ino preventing any erosion of the rule of law, which is not a blind application of law but our democratic acceptance of being ruled by law;
Amendment 287 #
2018/2103(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Asserts that neither national sovereignty nor subsidiarity can justify the systematic refusal from a Member State to comply with the fundamental values of the European Union and the European Treaties, which every Member State has willingly endorsed and committed to respect when entering the EU; recalls that having accessed to the EU by complying with the Copenhagen Criteria does not allow any Member State to then breach EU fundamental values and the Treaties; Whereas some governance practices, including the participation of parties promoting racist, xenophobic and other discriminatory ideas, policies and practices in coalition governments, seen in some Member States reflect a selective approach to the benefits and responsibilities of EU membership, and whereas the refusal by those Member States to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of State actions is undermining the credibility of the EU as a legal area;
Amendment 292 #
2018/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred toenshrined in Article 2 of the TEU; insists that Article 7 of the TEU should be employactivated if all other remedies have failed and invites the Council to examine and follow-up any proposals from the European Commission and the European Parliament relating to that procedure;
Amendment 308 #
2018/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls Parliament’s resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights5 , adopted on 10 October 2016; reiterates its call on the Commission to submit, on the basis of Article 295 of the TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation between the Union institutions and the Member States in the framework of Article 7 of the TEU; __________________ 5considers that this Mechanism would be a fair, balanced, regular and preventive mechanism regarding any breach of the values listed in Article 2 of the TEU, that could function as the European Semester on economic policies; __________________ 5 OJ C 215, 19.6.2018, p. 162. OJ C 215, 19.6.2018, p. 162.
Amendment 339 #
2018/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses concerns about persistent fundamental rights challenges in the area of migration, with regard to access to territory, reception conditions, asylum procedures, immigration detention and protection of unaccompanied children;
Amendment 346 #
2018/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 354 #
2018/2103(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Strongly denounces that some Member States do not comply with EU asylum and return legislation and violate migrants and asylum seekers’ rights, such as failing to provide effective access to asylum procedures, failing to give clear information on legal remedies following a return decision, depriving migrants and asylum seekers of food or using automatic and systematic detention;
Amendment 355 #
2018/2103(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member States to effectively ensure the right to asylum and to accept relocation of asylum seekers, as agreed in the Council’s decisions in September 2015; calls on the Council to swiftly move on with the Dublin Regulation reform, that it currently blocks, and that prevents the European Common Asylum System from working properly; Stresses that Commission should initiate and Member States should implement a combination of protection- related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 361 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary tonot detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 378 #
2018/2103(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines that Member States take responsibility for making it even more difficult for migrants to arrive in the EU, for any life losses in the Mediterranean Sea, and for externalising EU migration policies; notes that the HCR reported common serious human rights violations and abuses in third countries that the EU cooperates with, such as Libya;
Amendment 387 #
2018/2103(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 399 #
2018/2103(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on Member States to introduce specific safeguards to guarantee, if large-scale IT systems are to be made interoperable, that it should not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunification;
Amendment 5 #
2018/2094(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the 2018 State of the European Union address of 12 September 2018 by Commission President Jean-Claude Juncker,
Amendment 15 #
2018/2094(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is an example of supranational integration without equal andhich has brought lasting peace, prosperity and welfare to its peoples ever since the groundbreaking Schuman Declaration of 9 May 1950;
Amendment 18 #
2018/2094(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Union has achieved fundamental transformations, such as the free movement of goods, services, capital and people, the single currency, the Erasmus programme, regional, agricultural and cohesion policies, and Horizon 2020, among many others, that contribute to the well-being of European citizens;
Amendment 21 #
2018/2094(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the 2014-2017 period has seen more socially balanced and effective monetary and macroeconomic policies that have contributed to the economic ans social recovery, such as the non-standard policies of the ECB, the flexibility of the Stability and Growth Pact, and the Investment Plan for Europe;
Amendment 27 #
2018/2094(INI)
Motion for a resolution
Recital C
Recital C
C. whereas although Europe has managed to overcome the most critical moments of the economic crisis, important and urgent reforms still lie ahead in the area of economic governance in general and in the euro area in particular, as well as in terms of recovery and development of the social standards of our welfare state;
Amendment 34 #
2018/2094(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in view of the multiple current and future challenges facing the Union in a hostile global world, in particular those concerning migration, demographic decline, terrorism, security, climate change, completing the EMU, globalisation, climate change, international trade, foreign affairs and defence, the development of the social pillar, and the fight against anti-EU populism, the objective enshrined in the Lisbon Treaty of creating an ever closer union among the peoples of Europe shouldmust continue to inspire the actions taken by the Union; whereas these clear challenges can only be addressed if tackled together in order to complete the process of European political integration, so these challenges can be effectively tackled;
Amendment 37 #
2018/2094(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas theEuropean Parliament is very concerned about the rise of populist, xenophobic and anti-European movements all over Europe; whereas the Union and its Member States must strengthen their efforts to defend and promote the democratic values, founding principles and objectives of European integration;
Amendment 41 #
2018/2094(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the referendum in the UK of June 2016 leading to the UK’s announcementnotification on 29 March 2017 of its intention to leave the European Union has intensified the debate on the future of the Union; whereas this is reflected, besides in Parliament’s own resolutions on the future of Europe of 16 February 2017, in the Bratislava Declaration and Roadmap, the Commission White Paper on the Future of Europe, the Rome Declaration, the Leaders’ Agenda adopted by the European Council in October 2017, and various contributions by individual Member States or groups of them;
Amendment 42 #
2018/2094(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the negotiation on the envisaged departure of the UK from the EU have revealed the high level of interdependence of the member states, the degree to which we all rely on joint instruments and policies and the costs of any departure;
Amendment 46 #
2018/2094(INI)
Motion for a resolution
Recital F
Recital F
F. whereas according to the Eurobarometer the EU is at its highest level of popularity since 1983; whereas the latest Eurobarometer survey, conducted between 17 and 28 March 2018, shows that a majority of Europeans have a positive image of the EU (40 %) and that this proportion continues to exceed that of those who have a neutral image of the EU (37 %); whereas just above a fifth of Europeans have a negative image of the EU (21 %);
Amendment 57 #
2018/2094(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the task of implementing greater and better integration requires working in three different and related levels: a) defending past achievements and the acquis; b) exploiting to the full extent the current provisions of the Treaty Lisbon; c) reforming the Treaties in order to improve the institutional decision- making and the balance of competencies;
Amendment 67 #
2018/2094(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas the promotion of an European dimension of culture and education are vital for the reinforcement of European citizenship, taking into account that the Union suffers from a knowledge deficit which causes that the Unions achievements tend to be taken for granted by the younger generations;
Amendment 75 #
2018/2094(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the Union must tackle the challenges of its future with greater and better political integration, with full respect for fundamental and democratic values, and by working together; agrees with the heads of state and government who addressed Parliament in plenary during the debates on the future of Europe that citizens want a Europe that protects their rights and their social model on the basis of shared sovereignty, and that the problems we face in Europe can only be solved together, thus full political integration is required;
Amendment 79 #
2018/2094(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its belief that differentiated integration must remain open to all Member States and continue to act as an example method of deeper European integration, not as a way to facilitate à la carte solutionsalthough this must not be confused with "à la carte" method; insists on the need to avoid any perception of the creation of first-class and second-class membership within the European Union in the current debate on the evolution of differentiated integration;
Amendment 84 #
2018/2094(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Suggests to render the requirements for establishing enhanced and structured cooperation less restrictive, inter alia by lowering the minimum number of participating Member States and recalls that differentiated integration should not be a way to reduce the political integration;
Amendment 88 #
2018/2094(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the crisis has produced an imbalance between the main institutions of the Union, and that the Council, and in particular the European Council, is exercising its own political initiative to the detriment of the Commission’s right of initiative by reinforcing the intergovernmental method;
Amendment 94 #
2018/2094(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates that the unanimity, which the Treaties require in some fundamental matters, is an almost insurmountable obstacle in important moments and decisions, and advocates therefore, with regard to decision-making procedures, the principle of qualified majority voting (QMV) in Council and for legislation the use of the ordinary legislative procedure; recalls that under the current Treaties this can be achieved by using the various passerelle clauses or, in the case of enhanced cooperation, by using Article 333 TFEU;
Amendment 103 #
2018/2094(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes in particular the fact that the Commission and some Member States are also contemplating using QMV for the common foreign and security policy, given the importance of speeding up decision- making and making it more effective, and the need for the Union to speak with one voiceclearly;
Amendment 109 #
2018/2094(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its suggestion to transformcalls that the Council into a trues a legislative chamber and toreiterates that this should be made more visible to the public by improveing the transparency of its decision-making process; points in this context to the special report by the Ombudsman on the transparency of the Council’s legislative process and the initiative of a majority of national parliaments calling for more transparency from the Council and informal bodies such as the Eurogroup, in line with similar requests made by Parliament in this respect;
Amendment 112 #
2018/2094(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reminds that the number of European Commissioners should be reduced in accordance with the provisions of the Treaty of Lisbon (art. 17 TUE);
Amendment 114 #
2018/2094(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Recalls the need to provide the European Parliament with a legislative initiative power, taking into account that is the only institution directly elected by citizens, and without prejudice to the basic legislative prerogative of the Commission;
Amendment 116 #
2018/2094(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Insists that Parliament’s right of inquiry should be reinforced and that it should be granted specific, genuine and clearly delimited powers which are more in line with its political stature and competences;
Amendment 119 #
2018/2094(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the report of the Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’ of 10 July 2018, presenting recommendations on a new way of working; recalls, in this respect, that the effective application of the principle of subsidiarity is one of the ways of combating euroscepticism and underlines the fundamental role of local and regional authorities in the application of Union law;
Amendment 130 #
2018/2094(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the joint proclamation endorsing the European Pillar of Social Rights; points out that the competences and tools required to deliver on the pillar are mainly in the hands of local, regional and national authorities, as well as social partners and civil society, while progress in its implementation should receive particular attention within the economic policy coordination of the European Semester; recalls in this context that social dialogue has proven to be an indispensable instrument to improve EU policy- and law- making and that the more it offers a high level of social protection to its citizens, the less the question of its legitimacy will arise;
Amendment 134 #
2018/2094(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Points out that horizontal social clause enshrined in article 9 TFEU requires the Union to give careful consideration to the impact of EU legislation on social standards and employment and with a due consultation of social stakeholders,
Amendment 140 #
2018/2094(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Suggests that the coordination of economic policies as provided for in Article 5 TFEU should become a ‘shared competence’ between the Union and the Member States;
Amendment 151 #
2018/2094(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission communication on a European Minister of Economy and Finance; points out that merging the positions of Commission Vice-President for Economic Affairs and Chair of the Eurogroup could improve parliamentary accountability at European levelnd the democratic control of economic governance at European level, as well as avoid a duplication of roles that is confusing for the public; recalls in this respect its wish to progressively see the coordination of economic policies, as presented in Article 5 TFEU, become a shared competence;
Amendment 156 #
2018/2094(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for the completion of the Banking Union with the implementation of the European Deposit Insurance Scheme;
Amendment 157 #
2018/2094(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Supports the transformation of the European Stability Mechanism into a European Stability Fund, accountable to the European Parliament;
Amendment 158 #
2018/2094(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Reminds the need to issue European bonds in order to generate additional own resources and provide the Eurozone with a European Safe Asset;
Amendment 159 #
2018/2094(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Calls for the development of a European Unemployment Insurance linked to the Euro Area fiscal capacity;
Amendment 160 #
2018/2094(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14 e. Calls on the Commission to activate article 116 TFEU in order to circumvent the hijacking of the Council by certain Member States in the field of tax harmonization and calls for the fight against tax fraud and avoidance to become an objective of the Union;
Amendment 162 #
2018/2094(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission proposal on own resources introducing new real own resources, as requested by Parliament; express concern at the Commission proposal for the multiannual financial framework (MFF) for 2021-2027 because it suffers from the lack of financial engagement to face the current as well as the new challenges ahead for the EU, and regrets the positions taken by some Member States that refuse to provide more resources to the EU, despite unanimous recognition of the need to face new challenges and responsibilities, and therefore the need for more financial resources; points out that spending at EU level can save money at national level by avoiding duplication and through economies of scale;
Amendment 173 #
2018/2094(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that Europe is, and should continue to be, a positive force in the world, by upholding its values, multilateralism and International law; recalls that the Union and its Member States are the largest contributor to international development aid;
Amendment 175 #
2018/2094(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Considers that the Union should continue to advance international trade while defending social, labour and environmental standards; warns against tradewars that only produce losers and increase political and security tensions;
Amendment 186 #
2018/2094(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. DStrongly deplores the absence of agreement among the Member States on the priorities and implementation of an EU-level comprehensive immigration policy, which would make it possible to organise and regulate migratory flows, control our external borders more effectively, cooperate with countries of origin and transit, and guarantee respect for the fundamental rights of migrants and asylum seekers, among other objectives; underlines that the obvious contradictions in interests exposed by Member States need to be overcome in order not to jeopardise the European integration project which suffers directly from an instrumentalisation of the migration issue by the Eurosceptic parties;
Amendment 200 #
2018/2094(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines its determination to continue with the Spitzenkandidaten process for the election of the next Commission President, and welcomes the support of the Commission and certain Member States in this respect; underlines that it will reject any candidate in the investiture procedure of the Commission President who was not appointed as a Spitzenkandidat in the run-up to European Parliament elections and who does not have a sufficient parliamentary majority; considers it essential to strengthen the social legitimacy of the European elections and the supranational role of the European Parliament as an exponent of European citizenship and European sovereigntdemocracy;
Amendment 203 #
2018/2094(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 210 #
2018/2094(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Underlines the need for a stronger assessment of the social and environmental consequences of EU policies, by keeping in mind also the cost of non-legislation at European level (so- called “cost of non Europe”);
Amendment 216 #
2018/2094(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the need to strengthen the European public sphere as a supranational area of European democracy; stresses that the major challenges Europe is facing must be addressed and discussed from a European perspective and not just from a national perspective; points out that, for this reason, European democracy needs a European identity, a genuinelyto protect all the fundamental values and principles of our democratic system while promoting the development of an European idemosntity, more European institutional education and a deliberative, more participatory and less national social framework;
Amendment 223 #
2018/2094(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the approach taken to the current negotiations on the United Kingdom’s orderly withdrawal from the European Union, and underlines the remarkable unity displayed by the EU institutions and Member States; notes that experience in the negotiations to date has shown the enormous complexities of such decisions; recalls that there is still time for the UK to reconsider its intension to leave;
Amendment 229 #
2018/2094(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines once more that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the fundamental values of the European Union which inspired the introductory articles of the European Treaties and EU laws, which every Member State has willingly endorsed and committed to respect; underlines furthermore that upholding these values is fundamental for the cohesion of the European project, the rights of all Europeans and the mutual trust needed among the Member States; recalls its recommendation to establish a European mechanism for democracy, the rule of law and fundamental rights which based on a codecision procedure between the Parliament and the Council would sanction clear infringements of these principles;
Amendment 236 #
2018/2094(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates that the process of reflection on the future of Europe and on a review of the Lisbon Treaty should eventually lead toaking into account the present state of the integration project, the EU must exhaust every possible avenue to ensure the full implementation of the Lisbon Treaty. Points out that a subsequent revision of the Treaties should be based on a Convention being convened –- guaranteeing inclusiveness through its composition of representatives and providing a platform for reflection and engagement with stakeholders and citizens – with a view to discussing and drawing conclusions from the various contributions to the reflection process on the future of Europe by the institutions and other bodies of the Union and the proposals put forward by heads of state or government, national parliaments and civil society and in citizen consultations;
Amendment 244 #
2018/2094(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls for the absorption of the Euratom Treaty´s provisions in the Constitutional Treaty;
Amendment 3 #
2018/2009(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the European Parliament report of 12 March 2014 on evaluation of justice in relation to criminal justice and the rule of law (2014/2006(INI) (A7-0122/2014)
Amendment 22 #
2018/2009(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the establishment of a Justice Scoreboard in criminal matters will make a fundamental contribution to creating a common understanding of EU legislation in the field of criminal law among judges and prosecutors, thus strengthening mutual trust;
Amendment 23 #
2018/2009(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to continue expanding the Justice scoreboard’s scope through the use of objective indicators in more areas of justice, including criminal justice;
Amendment 80 #
2018/0208(COD)
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 access to justice is instrumental. In order to facilitate effective 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. Support should be given, in particular, to activities which facilitate effective and equal access to justice for persons at risk, namely women, children, persons with disabilities, LGBTI people and migrants, irrespective of their residence status.
Amendment 84 #
2018/0208(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Pursuant to Articles 8 and 10 TFEU, the Programme should also support the mainstreaming of gender equality between women and men and non-discrimination objectives in all its activities.
Amendment 88 #
2018/0208(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) As highlighted by the European Parliament's Report on the European Commission's 2017 Justice Scoreboard, there are still significant gender balance disparities among the Member States' judiciary and judicial staff, particularly (but not exclusively) in relation to the following aspects: proportion of female judges in higher levels of the judiciary, transparency in appointments, reconciliation between work and non- work responsibilities and the existence of mentoring practices. The Programme should therefore support training activities seeking to address those disparities. These activities may, for instance, be tailored for female professionals within Member States' judiciary and judicial staff or, where adequate, target both female and male professionals, in an effort to raise awareness among all relevant staff.
Amendment 103 #
2018/0208(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, legal experts working for civil society organisations, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.
Amendment 143 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in Annex II. The data collected for monitoring and reporting shall, where applicable, be disaggregated by gender, age and staff category.
Amendment 146 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. The Commission shall make available user-friendly formats and provide orientation and support, in particular to applicants and beneficiaries who may not have the adequate resources and staff to meet reporting requirements.
Amendment 160 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, including research on how to eliminate obstacles to an equal and effective access to justice for all; _________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 161 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
3 a. addressing gender balance disparities among the Member States' judiciary and judicial staff through training either tailored to female professionals (focusing, for instance, on aspects such as reconciliation between work and non-work responsibilities or mentoring practices) or targeting both female and male professionals (raising awareness on issues like the low proportion of female judges in higher levels of the judiciary or the need for transparency and objective criteria during appointment procedures).
Amendment 167 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
capacity building and training of legal experts working for civil society organisations, that seek to promote effective access to justice for all and support of victims of crime, in particular persons at risk; fostering cooperation between these organisations and relevant national authorities.
Amendment 44 #
2018/0170(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In internal investigations and, where necessary, in external investigations the Office has access to any relevant information held by the institutions, bodies, offices and agencies. It is necessary, as suggested by the Commission evaluation, to clarify that this access should be possible irrespective of the medium on which this information or data is stored, in order to reflect evolving technological progress.
Amendment 51 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU, Euratom) No 883/2013
Article 1 – paragraph 3
Article 1 – paragraph 3
(-1) in Article 1, paragraph 3 is amended as follows: "3. This Regulation shall apply without prejudice to: (a) Protocol No 7 on the privileges and immunities of the European Union attached to the Treaty on European Union and to the Treaty on the Functioning of the European Union; (b) the Statute for Members of the European Parliament; (c) the Staff Regulations; (d) Regulation (EC) No 45/2001. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883) and Regulation (EU) 2016/679." Or. en
Amendment 62 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 9
Article 3 – paragraph 9
9. During an external investigation, the Office may have access to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, connected with the matter under investigation, where necessary in order to establish whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. For that purpose Article 4(2) and (4) shall apply.
Amendment 65 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU, Euratom) No 883/2013
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the Office shall have the right of immediate and unannounced access to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, and to their premises. The Office shall be empowered to inspect the accounts of the institutions, bodies, offices and agencies. The Office may take a copy of, and obtain extracts from, any document or the contents of any data medium held by the institutions, bodies, offices and agencies and, if necessary, assume custody of such documents or data to ensure that there is no danger of their disappearance;
Amendment 83 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Reports drawn up by the Office shall constitute admissible evidence in criminal proceedings of the Member State in which their use proves necessary in the same way and under the same conditions as administrative reports drawn up by national administrative inspectors. They shall be subject to the same evaluation rules as those applicable to administrative reports drawn up by national administrative inspectors and shall have the same evidentiary value as such reports. In that regard, such reports constitute acts that might adversely affect the persons concerned.
Amendment 101 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12e – paragraph 1 a (new)
Article 12e – paragraph 1 a (new)
1 a. Where OLAF provides support to the EPPO in the form of an administrative investigation in accordance with paragraph 1, the procedural safeguards laid down in Chapter VI of Regulation 2017/1939 shall apply to that administrative investigation.
Amendment 110 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12g – paragraph 2
Article 12g – paragraph 2
2. The Office shall have indirect access to information in the EPPO's case management system on the basis of a hit/no hit system. Whenever a match is found between data entered into the case management system by the Office and data held by the EPPO, the fact that there is a match shall be communicated to both the EPPO and the Office. The Office shall take appropriate measures to enable the EPPO to have access to information in its case management system on the basis of a hit/no-hit system.; Each indirect access to information in EPPO'S case management system by OLAF shall be carried out only for and in so far as necessary for the performance of OLAF's functions as defined under this Regulation and shall be duly motivated and validated via an internal procedure set up by OLAF.;
Amendment 155 #
2018/0136(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law and action which erodes the independence of lawyers and encroaches on safeguards for confidential communication between lawyers and their clients.
Amendment 68 #
2018/0106(COD)
Having regard to Article 294(2) andthe Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153, 154, 168, 169, 192, 207 and 325(4) of the Treaty on the Functioning of the European Union andthereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
Amendment 201 #
2018/0106(COD)
Proposal for a directive
Recital 71 a (new)
Recital 71 a (new)
(71a) The Commission should develop instruments focusing on providing protection against economic sanctions, including the setting up of national funds or a European fund, financed in part from monies recovered or proceeds from fines, to give appropriate financial support to whistle-blowers in the EU;
Amendment 220 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of the individual protection of persons reporting breaches of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 240 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) employment, social rights, individual and collective workers' rights as well as the rights of their representatives;
Amendment 517 #
2018/0106(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Non-regression clause 1. The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded when reporting on breaches other than those mentioned in Article 1. 2. This Directive is without prejudice to any other rights conferred on reporting persons by other legal acts of the Union.
Amendment 82 #
2018/0104(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Security features are necessary to verify if a document is authentic and to establish the identity of a person. The establishment of minimum security standards and the integration of biometric data in identity cards and in residence cards of family members who are not nationals of a Member State is an important step to render their use in the Union more secure. The inclusion of such biometric identifiers should allow citizens to fully benefit from their free movement rights.
Amendment 83 #
2018/0104(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) This Regulation does not establish a centralised database at Union level and the biometric data collected for the purpose of this Regulation should not be stored in national databases. Biometric identifiers outside the storage medium should be stored in a highly secure manner only for the time required to produce the national identity card or residence cards and destroyed once stored in the storage medium.
Amendment 100 #
2018/0104(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 102 #
2018/0104(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is necessary to specify in this Regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents. In accordance with their national legislation or Union law, Member States may store other data on a storage medium for electronic services or other purposes relating to the identity card or residence document. The processing of such data including their collection and the purposes for which they can be used should be authorised by national or Union law. All national data should be physically or logically separated from biometric data referred to in this Regulation. When entering and storing extra data in accordance with their national legislation or Union law, Member States should have performed a thorough data protection impact assessment, with a focus on processing of special categories of personal data. Member States should explicitly inform the applicants for documents, in written form and with an exhaustive list, about all the possible extra data stored.
Amendment 105 #
2018/0104(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) The introduction of new security features for identity cards of Union citizens and of residence documents issued to Union citizens and their family members should not cause higher fees for issuing such documents.
Amendment 119 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Identity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card and two fingerprints in interoperable formatsmay contain minutiae or patterns, a subset of the characteristics extracted from two fingerprints. Such biometric data shall only be stored or used for the purposes described in Article 10(3) of this Regulation.
Amendment 129 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
(5) The following persons shall be exempt from the requirement to give fingerprints, if a Member State decides to take such fingerprints:
Amendment 132 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) children under the age of 124 years;
Amendment 147 #
2018/0104(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 155 #
2018/0104(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Identity cards which do not meet the requirements of Article 3 shall cease to be valid at their expiry or by five years after [the date of application of the Regulation], whichever is earlier. However, identity cards which do not include a functional machine-readable zone (MRZ) compliant with ICAO document 9303 part 3 (seventh edition, 2015) shall cease to be valid at their expiry or by two years after [the date of application of this Regulation], whichever is earlierbe valid until the end of their validity period.
Amendment 164 #
2018/0104(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Exemption from the requirement to give fingerprints The following persons shall be exempt from the requirement to give fingerprints, if a Member State decides to take them: (a) children under the age of 14 years; (b) persons whose fingerprinting is physically impossible.
Amendment 165 #
Amendment 166 #
2018/0104(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1 a) Residence cards for family members of Union citizens who are not nationals of a Member State shall be mutually recognised by Member States both as identity and travel documents.
Amendment 168 #
2018/0104(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Exemption from the requirement to give fingerprints The following persons shall be exempt from the requirement to give fingerprints, if a Member State decides to take such fingerprints: (a) children under the age of 14 years; (b) persons whose fingerprinting is physically impossible.
Amendment 171 #
2018/0104(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(2 a) This Regulation does not establish a centralised database at Union level and the biometric data collected for the purpose of this Regulation shall under no circumstances be stored in national databases. Biometric identifiers outside the storage medium shall be stored in a highly secure manner only for the time required to produce the national identity card or residence cards and destroyed immediately once stored in the storage medium.
Amendment 172 #
2018/0104(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a The procedure for taking fingerprints and a facial image shall fully respect the specific needs of children and be applied in accordance with the safeguards laid down in Article 24 the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child. The principle of the best interest of the child shall be a primary consideration during the whole procedure of taking biometric data.
Amendment 173 #
2018/0104(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Article 9 b Collection of biometric identifiers (1) The biometric identifiers shall be collected by qualified and duly authorised staff designated by the national authorities responsible for issuing identity cards. (2) Where difficulties are encountered in the collection of biometric identifiers, Member States shall ensure that appropriate procedures are in place to guarantee the dignity of the person concerned. (3) Facial images shall be collected by authorized officers on the spot where and when the EU citizen applies for a national identity card.
Amendment 175 #
2018/0104(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Without prejudice to the application of Regulation (EU) 2016/679, persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and, where appropriate, to ask for rectification or erasure. Member States shall put in place specific procedures that facilitate the exercise of these rights.
Amendment 197 #
2018/0104(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) No sooner than six years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee, with a special focus on the impact on fundamental rights of European citizens. The evaluation shall be conducted according to the Commission's better regulation Guidelines.
Amendment 47 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers or citizens, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress for the economic and non-economic damage, such as compensation, repair or price reduction as available under national laws.
Amendment 52 #
2018/0089(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumerUnion law. To improve the deterrence of unlawful practices and to reduce consumer or citizen detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumers or citizens. Given the numerous changes, for the sake of clarity it is appropriate to replace Directive 2009/22/EC.
Amendment 55 #
2018/0089(COD)
Proposal for a directive
Recital 3
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of consumers or citizens. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers or citizens within individual actions, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 57 #
2018/0089(COD)
Proposal for a directive
Recital 4
Recital 4
(4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers or citizens should be avoided and clear rules on various procedural aspects, such as the designation of qualified entities, the origin of their funds and nature of the information required to support the representative action, should be laid down. The unsuccessful party should bear the costs of the proceedings. However, the court or tribunal should not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim. This Directive should not affect otherwise national rules concerning the allocation of procedural costs.
Amendment 61 #
2018/0089(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Infringements that affect the collective interests of consumers or citizens often have cross-border implications. More effective and efficient representative actions available across the Union should boost consumer confidence in the internal market and empower consumers to exercise their rights. Moreover, it should enhance the efficiency of the Member States’ justice systems.
Amendment 66 #
2018/0089(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, competition and environment. ItTherefore, Member States should ensure that organisations representing all these subject areas can be designated as qualified entities. The Directive should cover infringements of provisions of Union law which protect the interests of consumers and citizens, regardless of whether they are referred to as consumers or citizens as travellers, users, customers, retail investors, retail clients or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 72 #
2018/0089(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 76 #
2018/0089(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when consumers or citizens concerned by an infringement live in one or several Member States other than the Member State where the infringing trader is established. It should also cover infringements which ceased before the representative action started or concluded, since it may still be necessary to prevent the repetition of the practice, establish that a given practice constituted an infringement and facilitate consumer or citizen redress.
Amendment 79 #
2018/0089(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should not establish rules of private international law regarding jurisdiction, the recognition and enforcement of judgments or applicable law. The existing Union law instruments apply to the representative actions set out by this Directive preventing any increase in forum shopping.
Amendment 86 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers or citizens are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 93 #
2018/0089(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Independent public bodies and consumer, consumer organisations, environmental organisations and human rights organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards consumers or citizens and hold different priorities for their activities, Member States should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions.
Amendment 95 #
2018/0089(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers or citizens it is left to the discretion of the Member States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. This shall be without prejudice to the right to an effective remedy under Article 47 of the Charter of Fundamental Rights of the European Union, whereby Member States shall ensure that consumers, citizens and businesses have the right to an effective remedy before a court or tribunal, against any administrative decision taken pursuant to national provisions implementing this Directive. This shall include the possibility for the parties to obtain a decision granting suspension of enforcement of the disputed decision, in accordance with national law.
Amendment 97 #
2018/0089(COD)
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, as well as measures eliminating the continuing effects of the infringement, including redress. If sought within a single action, qualified entities should be able to seek all relevant measures at the moment of bringing the action or first seek relevant injunctions order and subsequently and if appropriate redress order.
Amendment 100 #
2018/0089(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Injunction orders aim at the protection of the collective interests of consumers or citizens independently of any actual loss or damage suffered by individual consumers or citizens. Injunction orders may require traders to take specific action, such as providing consumers or citizens with the information previously omitted in violation of legal obligations. Decisions establishing that a practice constitutes an infringement should not depend on whether the practice was committed intentionally or by negligence.
Amendment 104 #
2018/0089(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers or citizens concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers or citizens harmed by the practice subject to the injunction order.
Amendment 108 #
2018/0089(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The compensation awarded to consumers or citizens harmed in a mass harm situation should not exceed the amount owed by the trader in accordance with the applicable national or Union Law in order to cover the actual harm suffered by them. In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, should be avoided.
Amendment 113 #
2018/0089(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers or citizens concerned by an infringement and the questions of fact and law to be resolved within the representative action. The qualified entity should not be required to individually identify all consumers or citizens concerned by an infringement in order to initiate the action. In representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action, given the nature of the infringement and characteristics of the damages suffered by consumers or citizens concerned.
Amendment 115 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 123 #
2018/0089(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Where consumers or citizens concerned by the same practice are identifiable and they suffered comparable harm in relation to a period of time or a purchase, such as in the case of long-term consumer contracts, the court or administrative authority may clearly define the group of consumers or citizens concerned by the infringement in the course of the representative action. In particular, the court or administrative authority could ask the infringing trader to provide relevant information, such as the identity of the consumers or citizens concerned and the duration of the practice. For expediency and efficiency reasons, in these cases Member States in accordance with their national laws could consider to provide consumers or citizens with the possibility to directly benefit from a redress order after it was issued without being required to give their individual mandate before the redress order is issued.
Amendment 132 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In low-value cases most consumers or citizens are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers or citizens, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers or citizens concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers or citizens and should be directed to athis relevant public purpose, such as a consumer or citizens legal aid fund, awareness campaigns or consumer movements.
Amendment 137 #
2018/0089(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishingfor an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular or citizens. For example, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. 32 _________________ 32 OJ L 345, 27.12.2017. OJ L 345, 27.12.2017.
Amendment 141 #
2018/0089(COD)
Proposal for a directive
Recital 24
Recital 24
(24) This Directive aims at a minimum harmonisation and does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the modalities set by this Directive.
Amendment 147 #
2018/0089(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Collective out-of-court settlements aimed at providing redress to harmed consumers or citizens should be encouraged both before the representative action is brought and at any stage of the representative action. This possibility should under no circumstances jeopardize the right to access to justice.
Amendment 150 #
2018/0089(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers or citizens affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers. Individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 154 #
2018/0089(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to consumers or citizens concerned. The decision of whether to invite the parties to settle a dispute out-of- court should take into account the type of the infringement to which the action relates, the characteristics of the consumers or citizens concerned, the possible type of redress to be offered, the willingness of the parties to settle and the expediency of the procedure.
Amendment 157 #
2018/0089(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to facilitate redress for individual consumers or citizens sought on the basis of final declaratory decisions regarding the liability of the trader towards the consumers harmed by an infringement issued within representative actions, the court or administrative authority that issued the decision should be empowered to request the qualified entity and the trader to reach a collective settlement.
Amendment 159 #
2018/0089(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 164 #
2018/0089(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Ensuring that consumers or citizens are informed about a representative action is crucial for its success. Consumers or citizens should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers or citizens concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer or citizens’ rights.
Amendment 166 #
2018/0089(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all consumers or citizens concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority. Such information may be provided for instance on the trader's website, social media, online market places, or in popular newspapers, including those distributed exclusively by electronic means of communication. If possible, consumers or citizens should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
Amendment 175 #
2018/0089(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers or citizens under this Directive should not be hindered by national rules on limitation periods. The submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this action.
Amendment 180 #
2018/0089(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers or citizens concerned by an infringement, deciding on redress and adequately informing consumers or citizens concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer or business-to-citizens relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers or citizens concerned about the representative action, without it being necessary for them to specify individual items of evidence. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.
Amendment 184 #
2018/0089(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers or citizens, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures.
Amendment 191 #
2018/0089(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumers or citizens from different Member States.
Amendment 196 #
2018/0089(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers or citizens in order to ensure a high level of consumer or citizens protection across the Union and the proper functioning of the internal market, cannot be sufficiently achieved by actions taken exclusively by Member States, but can rather, due to cross-border implications of representative actions, be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 202 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers or citizens, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 208 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shallaims at minimum harmonisation and shall therefore not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers or citizens at national level.
Amendment 212 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law including those listed in Annex I that harm or may harm the collective interests of consumers or citizens. Such interests may consist in, but are not limited to, the enforcement of rules of consumer protection, competition, environment protection, protection of personal data, protection in energy and telecommunications markets, passenger rights, product and food safety and information, health and medical services, financial services and investor protection. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 220 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers or citizens for such infringements under Union or national law.
Amendment 226 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) ‘citizen’ means any natural person holding the nationality of a Member State or habitually residing in a Member State in which the person concerned has the habitual centre of his interests.
Amendment 233 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interests of a number oftwo or more consumers;
Amendment 235 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘collective interests of citizens’ means the interests of two or more citizens;
Amendment 239 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘representative action’ means an action for the protection of the collective interests of consumers or citizens to which the consumers or citizens concerned are not parties;
Amendment 265 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it has an organisational structure ensuring its independence from other entities or persons other than consumers or citizens who might have an interest in the outcome of the representative actions.
Amendment 272 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) it discloses publicly by any appropriate means, in particular on its website, in plain, intelligible language the information on the way it is financed, its organisational and management structure, its remuneration policy, its policy to promote gender balance, its objective and its working methods as well as its activities.
Amendment 290 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that in particular consumer organisations, environmental organisations, human rights organisations and independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations, environmental organisations and human rights organisations that represent members from more than one Member State.
Amendment 300 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States may set out rules specifying which qualified entities may seek all of the measures referred to in Articles 5 and 6, and which qualified entities may seek only one or more of these measures. Member State shall ensure that a sufficient number of qualified entities can seek all measures referred to in article 5 and article 6.
Amendment 304 #
2018/0089(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Representative actions for the protection of the collective interests of consumers or citizens
Amendment 321 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 327 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 334 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for the economic and non-economic damage, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued. or citizens concerned. If a Member State does not require a mandate of the individual consumer to join the representative action, this Member State shall nevertheless allow those individuals who are not habitually resident in the Member State where the action occurs, to participate in the representative action, in case they expressed their willingness to be part of the representative action within the applicable time limit.
Amendment 350 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 359 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 372 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. In cases where consumers or citizens have suffered a small amount of loss and it would be disproportionate to distribute the redress to them, Member States shall ensure that the mandate of the individual consumers or citizens concerned is not required. The redress shall be directed to a public interest serving the collective interests of consumers or citizens. The same shall apply to any unclaimed or leftover funds.
Amendment 383 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 393 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 396 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is established and that it is prohibited for the third party:
Amendment 407 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that courts and administrative authorities are empowered to assessssess the absence of conflict of interest and the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and, if necessary, reject the standing of the qualified entity in a specific case.
Amendment 426 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. IWithout prejudice to the right to access to justice, individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law.
Amendment 436 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers or citizens at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 438 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Paragraph 1 does not prevent qualified entities from informing the individual consumers or citizens concerned already on beforehand in order to ensure that the relevant documents and other information necessary for the action are kept.
Amendment 441 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concernedor citizens concerned. The information note, as well as the time frame to inform, has to be approved by the judge or by the authority overseeing the case.
Amendment 447 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that an infringement harming collective interests of consumers or citizens established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement.
Amendment 450 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 474 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to facilitate access to justice and shall ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such asin particular limiting applicable court or administrative fees, granting them access to legal aid where necessary, or by providing them with public funding for this purpose.
Amendment 491 #
2018/0089(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 537 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a (new)
Annex I – point 59 a (new)
(59a) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety.
Amendment 539 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 b (new)
Annex I – point 59 b (new)
(59b) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Amendment 541 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 c (new)
Annex I – point 59 c (new)
(59c) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC.
Amendment 543 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 d (new)
Annex I – point 59 d (new)
(59d) Regulation (EC) 1924/2006 of 20 December 2006 on nutrition and health claims made on foods.
Amendment 545 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 e (new)
Annex I – point 59 e (new)
(59e) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.
Amendment 547 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 f (new)
Annex I – point 59 f (new)
(59f) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC
Amendment 549 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 g (new)
Annex I – point 59 g (new)
(59g) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
Amendment 551 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 h (new)
Annex I – point 59 h (new)
(59h) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products
Amendment 553 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 i (new)
Annex I – point 59 i (new)
(59i) Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers.
Amendment 555 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 j (new)
Annex I – point 59 j (new)
(59j) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products
Amendment 557 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 k (new)
Annex I – point 59 k (new)
(59k) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.
Amendment 559 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 l (new)
Annex I – point 59 l (new)
(59l) Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito.
Amendment 561 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 m (new)
Annex I – point 59 m (new)
(59m) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food.
Amendment 563 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 n (new)
Annex I – point 59 n (new)
(59n) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.
Amendment 565 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 o (new)
Annex I – point 59 o (new)
(59o) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed.
Amendment 567 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 p (new)
Annex I – point 59 p (new)
(59p) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.
Amendment 569 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 q (new)
Annex I – point 59 q (new)
(59q) Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents
Amendment 571 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 r (new)
Annex I – point 59 r (new)
(59r) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC
Amendment 573 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 s (new)
Annex I – point 59 s (new)
(59s) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin
Amendment 575 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 t (new)
Annex I – point 59 t (new)
(59t) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives
Amendment 577 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 u (new)
Annex I – point 59 u (new)
(59u) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
Amendment 579 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 v (new)
Annex I – point 59 v (new)
(59v) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity
Amendment 581 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 w (new)
Annex I – point 59 w (new)
(59w) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005
Amendment 583 #
2018/0089(COD)
(59x) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC
Amendment 585 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 y (new)
Annex I – point 59 y (new)
(59y) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides
Amendment 587 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 z (new)
Annex I – point 59 z (new)
(59z) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006
Amendment 589 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a a (new)
Annex I – point 59 a a (new)
(59aa) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes
Amendment 591 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a b (new)
Annex I – point 59 a b (new)
(59ab) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market
Amendment 593 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a c (new)
Annex I – point 59 a c (new)
(59ac) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment 595 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a d (new)
Annex I – point 59 a d (new)
(59ad) Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency
Amendment 597 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a e (new)
Annex I – point 59 a e (new)
(59ae) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products
Amendment 599 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a f (new)
Annex I – point 59 a f (new)
(59af) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC
Amendment 601 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a g (new)
Annex I – point 59 a g (new)
(59ag) Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004/109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003/71/EC of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and Commission Directive 2007/14/EC laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC;
Amendment 603 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a h (new)
Annex I – point 59 a h (new)
(59ah) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000
Amendment 605 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a i (new)
Annex I – point 59 a i (new)
(59ai) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse
Amendment 607 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a j (new)
Annex I – point 59 a j (new)
(59aj) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas
Amendment 609 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a k (new)
Annex I – point 59 a k (new)
(59ak) Directive 2000/43/EC against discrimination on grounds of race and ethnic origin.
Amendment 611 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a l (new)
Annex I – point 59 a l (new)
(59al) Directive 2000/78/EC against discrimination at work on grounds of religion or belief, disability, age or sexual orientation.
Amendment 613 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a m (new)
Annex I – point 59 a m (new)
(59am) Directive 2006/54/EC equal treatment for men and women in matters of employment and occupation.
Amendment 615 #
2018/0089(COD)
(59an) Directive 2004/113/EC equal treatment for men and women in the access to and supply of goods and services.
Amendment 617 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a o (new)
Annex I – point 59 a o (new)
(59ao) Directive Proposal [COM(2008)426] against discrimination based on age, disability, sexual orientation and religion or belief beyond the workplace.
Amendment 5 #
2017/2273(INI)
Motion for a resolution
Citation 19
Citation 19
Amendment 26 #
2017/2273(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the large number of infringement procedures in 2016 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge and priority; considers that some of those infringements are the result of the lack of resources dedicated to public administration in some Member States, sometimes as a result of ill-advised austerity measures;
Amendment 33 #
2017/2273(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the fact that the number of new complaints is at its highest since 2011, with a record number of 3 783 new complaints; notes in addition that the areas of 'employment' and 'justice and consumers' are the most affected; recalls that the improper application or transposition of EU law by the Member States can considerably reduce consumers' and employees' rights;
Amendment 36 #
2017/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fall in the number of new EU Pilot files opened in 2016 (790 compared with 881 in 2014); notes, however, that the resolution rate fell slightly compared with 2015 (from 75 % to 72 %); recalls, however, that the Commission does not undertake any EU Pilot procedures in the event of the late transposition of directives;
Amendment 42 #
2017/2273(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls in addition the special role of the social partners and civil society in creating legislation, in reporting shortcomings and in the transposition and application of EU law by the Member States;
Amendment 64 #
2017/2273(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that Memoranda of Understanding concluded between the EU institutions and Member States are not considered EU acts, even if Member States are obliged thereunder to implement fiscal and tax policies for severe cutbacks pursuant to Article 288 TFEU;
Amendment 65 #
2017/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 68 #
2017/2273(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 7 #
2017/2155(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores that Eurojust faced budgetary availability issues due to known structural problems with its funding and that for the second successive year was forced to resort to mitigation measures subject to an amending budget, leading to the postponement of some of its ongoing activities and the deferral of valuable technological developments; points out in this regard that Eurojust has an ongoing dialogue with DG Justice and DG Budget in order to secure a proper level of funding for the coming years.
Amendment 9 #
2017/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges Eurojust to step up its efforts for finalising clear internal rules on the protection of whistleblowers; notes, however, that Eurojust was waiting for guidance or input from the Commission before it could finalise its rules;
Amendment 9 #
2017/2131(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates that the Venice Commission concluded already in its opinion on the fourth and most current amendment to the Fundamental Law of Hungary on 17 June 2013 that the measures taken amount to a threat for constitutional justice and for the supremacy of the basic principles contained in the Fundamental Law of Hungary; furthermore the Venice Commission stated that the limitation of the role of the Constitutional Court leads to a risk that it may negatively affect the separation of powers, the protection of human rights and the rule of law;
Amendment 10 #
2017/2131(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Reminds that the Venice Commission stated in its "opinion on the draft law on the transparency of organisations receiving support from abroad" (endorsed on 17 June 2017) that such law would cause a disproportionate and unnecessary interference with the freedoms of association and expression, the right to privacy, and the prohibition of discrimination;
Amendment 11 #
2017/2131(INL)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Points out that the Venice Commission stated in its opinion on Act XXV of 4 April 2017 on the Amendment of Act CCIV of 2201 on National Tertiary Education that it appears highly problematic from the standpoint of rule of law and fundamental rights principles and guarantees to foreign universities who are already established in Hungary and have been lawfully operating there for many years; furthermore reminds that the European Commission decided to refer Hungary to the Court of Justice of the European Union on the grounds that its National Tertiary Education Law as amended on 4 April 2017 disproportionally restricts EU and non- EU universities in their operations and needs to be brought back in line with Union law;
Amendment 25 #
2017/2131(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights1 asked the Commission to submit by September 2017 a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF); notes that this proposal is yet to come and would be of utmost importance since there is an inconsistency between the Union’s support for the rule of law and democracy as far as accession and third countries are concerned and its support within the Union and its Member States; _________________ 1 Texts adopted, P8_TA(2016)0409.
Amendment 27 #
2017/2131(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Is concerned that Hungary, in which 6.3 % of its wealth (gross national income) is generated by Union investment and which is one of the countries that benefits most from EU funding, does not participate in the creation of the European Public Prosecutor's Office (EPPO), which will be in charge of investigating, prosecuting and bringing to justice offences against the Union’s financial interests; is therefore of the opinion that, for the sake of sound financial management and transparency of the Union’s budget, the participation in the work of the EPPO should be a pre- condition to access EU funding and urges the Commision to ascertain how a strong conditionality between the respect of rule of law and access to EU funding could be introduced;
Amendment 61 #
2017/2131(INL)
Motion for a resolution
Annex I – subheading 2 a (new)
Annex I – subheading 2 a (new)
having regard to Act CXI of 2012 on the Amendment of Act CLXI of 2011 on the organisation and administration of courts and Act CLXII of 2011 on the legal status and remuneration of judges in Hungary and to Act XX of 2013 on the legislative amendments relating to the upper age limit applicable in certain judicial legal relations.
Amendment 78 #
2017/2131(INL)
Motion for a resolution
Annex I – point 17 a (new)
Annex I – point 17 a (new)
(17a) The International Bar Association’s Human Rights Institute (IBAHRI) expresses in its Report 2015 deep concern that, following the significant legislative reform implemented during Hungary’s incumbent government’s first term in office, the independence and impartiality of the Hungarian judiciary can’t be guaranteed and the rule of law guarantees remain weakened.
Amendment 98 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 b (new)
Annex I – point 20 b (new)
(20b) Following a two-year investigation, OLAF has found “serious irregularities” around infrastructure projects co-financed by EU cohesion fund and connected to prime minister Viktor Orban’s son-in-law, indicating both high levels of corruption and conflict of interests.
Amendment 99 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 c (new)
Annex I – point 20 c (new)
(20c) Several indicators signal high levels of misconduct regarding EU funds. The share of contracts awarded after public procurement procedures that received only a single bid remains high at 36% in 2016. Hungary has the highest percentage in the Union of financial recommendations from OLAF in the areas of Structural Funds and Agriculture for the 2013-2016 period at 4,16% (which is 900% higher than the EU average). Hungary decided not to participate in the establishment of the European Public Prosecutor’s Office.
Amendment 130 #
2017/2131(INL)
Motion for a resolution
Annex I – point 29
Annex I – point 29
(29) On 17 October 2017, the Hungarian Parliament extended the deadline for foreign universities operating in the country to meet the new criteria to 1 January 2019. Negotiations between the Hungarian Government and foreign higher education institutions affected, in particular, the Central European University, are still ongoing, while the legal limbo for foreign universities remains. Notes that the Central European University complied with the new requirements imposed by the Amendment of Act CCIV of 2011 on National Tertiary Education in due time, but the Hungarian Government is reluctant to sign the reached agreement.
Amendment 158 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. On 3 March 2018, UN human rights experts warned that the bill would lead to undue restrictions on the freedom of association and the freedom of expression in Hungary. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe on 22 March 2018 requested an opinion of the Venice Commission on the compatibility of the “Stop Soros” draft legislative package with international human rights standards.
Amendment 198 #
2017/2131(INL)
Motion for a resolution
Annex I – point 48
Annex I – point 48
(48) On 29 June - 1 July 2015, the OSCE Office for Democratic Institutions and Human Rights conducted a field assessment visit to Hungary, following reports about the actions taken by the local government of the city of Miskolc concerning forced evictions of Roma. On 26 January 2016 the Council of Europe Commissioner for Human Rights sent a letter to the Hungarian authorities expressing concerns about the treatment of Roma in Miskolc. The Commissioner for Fundamental Rights and the Deputy- Commissioner for the Rights of National Minorities issued a joint opinion on 5 June 2015 about the fundamental rights violations against the Roma in Miskolc, the recommendations of which the local government failed to adopt.
Amendment 211 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. The Fundamental Rights Officer of the European Border and Coast Guard Agency visited Hungary in October 2016 as well as in March 2017, owing to the Officer’s concern that the Agency might be operating under conditions which do not commit to the respect, protection and fulfilment of the rights of persons crossing the Hungarian-Serbian border, that may put the Agency in situations that de facto violate the Charter of Fundamental Rights of the European Union. The Fundamental Rights Officer concluded in March2017 that the risk of shared responsibility of the Agency in the violation of fundamental rights in accordance with Article 34 of the European Border and Coast Guard Regulation remains very high.
Amendment 213 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. Given the worsening situation of asylum-seekers in Hungary the UN Refugee Agency called on 10 April 2017 for a temporary suspension of all transfers of asylum-seekers to Hungary from other European States under the Dublin Regulation.
Amendment 222 #
2017/2131(INL)
Motion for a resolution
Annex I – point 53
Annex I – point 53
(53) On 12-16 June 2017, the Special Representative of the Secretary General of the Council of Europe on migration and refugees visited Serbia and two transit zones in Hungary. In his report, the Special Representative made several recommendations, including a call on the Hungarian authorities to take the necessary measures, including by reviewing the relevant legislative framework and changing relevant practices, to ensure that all foreign nationals arriving at the border or who are on Hungarian territory are not deterred from making an application for international protection. In his report, the Special Representative stated that violent pushbacks of migrants and refugees from Hungary to Serbia raise concerns under Articles 2 (the right to life) and 3 (prohibition of torture) of the ECHR. The Special Representative also noted that the restrictive practices of admission of asylum-seekers into the transit zones of Röszke and Tompa often make asylum- seekers look for illegal ways of crossing the border, having to resort to smugglers and traffickers with all the risks that this entails. The Special Representative concluded that it is necessary that the Hungarian legislation and practices are brought in line with the requirements of the ECHR. On 5-7 July a delegation of the Council of Europe Lanzarote Committee (Committee of the Parties to the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse) also visited two transit zones and made a number of recommendations, including a call to treat all persons under the age of 18 years of age as children without discrimination on the ground of their age, to ensure that all children under Hungarian jurisdiction are protected against sexual exploitation and abuse, and to systematically place them in mainstream child protection institutions in order to prevent possible sexual exploitation or sexual abuse against them by adults and adolescents in the transit zones.
Amendment 245 #
2017/2131(INL)
Motion for a resolution
Annex I – point 57
Annex I – point 57
(57) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated his concern at measures taken to prohibit rough sleeping and the construction of huts and shacks, which have widely been described as criminalising homelessness in practice. The Commissioner urged the Hungarian authorities to investigate reported cases of forced evictions without alternative solutions and of children being taken away from their families on the grounds of poor socio-economic conditions. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about state and local legislation, based on the Fourth Amendment to the Fundamental Law, which designates many public areas as out- of-bounds for “sleeping rough” and effectively punishes homelessness. On 15 February 2012 and 11 December 2012 the Office of the UN High Commissioner for Human Rights (OHCHR) called on Hungary to reconsider legislation allowing local authorities to punish homelessness and to uphold the Constitutional Court’s decision decriminalising homelessness.
Amendment 250 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 a (new)
Annex I – point 58 a (new)
(58a) The UN Committee on the Rights of Children’s report on ‘Concluding observations on the combined third, fourth and fifth periodic reports of Hungary’, published in 14 October 2014, voiced concerns over an increasing number of cases where children are being taken away from their family based on poor socio economic condition. Parents may lose their child due to unemployment, lack of social housing and lack of space in temporary housing institutions. Based on a study by European Roma Right Centre, this practice disproportionately affects Roma families and children.
Amendment 5 #
2017/2089(INI)
Draft opinion
Recital B
Recital B
B. whereas in accordance with Article 51 of the Charter, its provisions are addressed, inter alia, to the institutions, bodies, offices and agencies of the Union; whereas Article 51 (1) states that the provisions of the Charter are addressed to the Member States “only when they are implementing Union law”.
Amendment 12 #
2017/2089(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, according to the CJEU, the fundamental rights recognised by the Charter are at the heart of the EU legal structure, and their respect for those rights is a condition of the lawfulness ofis a necessary precondition for legality of any EU acts;
Amendment 15 #
2017/2089(INI)
Draft opinion
Recital E
Recital E
E. whereas its study of November 2017 on the implementation of the Charter of Fundamental Rights in the EU institutional framework1 considers, inter alia, the relevance of the Charter for the Commission’s activities under the Treaty Establishing the European Stability Mechanism (ESM Treaty) and in the context of the European semester; whereas little attention is being paid to the social rights of the Charter in the economic governance of the Union; whereas they must be considered as genuine fundamental rights. __________________ 1 ‘The Implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C – Citizens’ Rights and Constitutional Affairs, November 2017.
Amendment 16 #
2017/2089(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, by virtue of Article 51, the provisions of the Charter apply to the Member States only when they implement Union law; whereas, however, the uncertain boundaries of such a requirement make it hard to determine whether and how the Charter applies concretely, leading to a de facto shortfall in its implementation at national level;
Amendment 17 #
2017/2089(INI)
Motion for a resolution
Recital F
Recital F
Amendment 26 #
2017/2089(INI)
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 ofnotes that the principal role of the Charter its provisions rather than on actively promoting and ensuring the fulfilment of to ensure that the EU’s legislation is in full compliance withe rights and principles provided for thereinenshrined in it;
Amendment 27 #
2017/2089(INI)
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 for enhanced forms of consultation, impact assessments and legal scrutiny with the full involvement of independent 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 27 #
2017/2089(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission, along with the necessary clarification of Article 51, to provide EU Member States with guidance as to how fundamental rights should be taken into account when they implement Union law.
Amendment 30 #
2017/2089(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to take action when a lack of harmonisation among EU Member States endanger or weaken the fulfilment of the rights, freedoms and principles laid down in the Charter.
Amendment 31 #
2017/2089(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. 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 33 #
2017/2089(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the Commission, the Council and Parliament to reviseflect on a possibility of revising 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 34 #
2017/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Court of Justice ruled4 that the Commission must fully respect the Charter also in the tasks allocated to it under the ESM Treaty, in particular when it comes to signing memoranda of understanding, and that the same applies to the country-specific recommendations in the context of the European semester; calls on the Commission to bettersystematically integrate fundamental rights impact assessments into EU socio-economic governance; with particular attention to the compatibility with the social provisions of the Charter __________________ 4 Judgement of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701.
Amendment 36 #
2017/2089(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 38 #
2017/2089(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to ensure a comprehensive impact assessment; believes that there must be a balanced evaluation of economic, social and environmental consequences in particular, and that impact on the fundamental rights of citizens and equality between women and men must be assessed;
Amendment 39 #
2017/2089(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to set up a mechanism to identify the need to take action at Union level in order to uphold and fulfil the provisions of the Charter, and, at the same time, to systematically ensure that Union law is adapted to take account of the legal and jurisprudential developments of international human rights law; reiterates its call on the Commission to submit a proposal giving effect to Parliament’s resolution of 25 October 2016 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights15 ; _________________ 15OJ C 215, 19.6.2018, p. 162.
Amendment 41 #
2017/2089(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reiterates its call on the Commission to submit a proposal giving effect to Parliament’s resolution of 25 October 2016 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 42 #
2017/2089(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 42 #
2017/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the Charter’s application also extends to the EU agencies which must adopt a fundamental rights strategy ; Calls on every EU agency to set up independent mechanisms to detect and report violations of fundamental rights; encourages in particular Frontex and the European Asylum Support Office (EASO) to work on a culture of fundamental rights, not only for application in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agencies;
Amendment 43 #
2017/2089(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the EU legislators to endorse the outcomesrespect of its right to democratic scrutiny based ofn the judgmentTreaties; insists ofn the General Court of 22 March 2018 (case T-540/15) onnecessity of enhancing transparency and access to the documents of the trilogues16 , and to guarantee the overall transparency of these negotiationbetween EU institutions, in order to develop more effective interinstitutional cooperation, including accountability on matters related to fundamental rights; 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 46 #
2017/2089(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that EU policy-making must relyrelies upon the principles and objectives set out in Articles 2, 3 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 53 #
2017/2089(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the almost complete abseStresses the importance of references to fundamental rights within the legal framework regulating EU economic and monetary policy; recalls, in this regard, 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 57 #
2017/2089(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Council to make macroeconomic decisions conditional on robust humanfundamental 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 Charter;
Amendment 59 #
2017/2089(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls, once again, on the Commission to take the steps required for EU accession to the European Social Charter;
Amendment 60 #
2017/2089(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. ReiterInvites, in a wider context of possible Treaties its callrevision, to reflect upon the possibility for a social protocol to be incorporated into the Treatiesm, in order to strengthen fundamental social rights in relation to economic freedoms, and to impart effectiveness and tangible expression to the social provisions enshrined in the Charter;
Amendment 60 #
2017/2089(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the proposal for Charter- conditionality of EU funds under the multiannual financial framework 2021- 2027, which should be achieved inter alia bytresses the importance of the new mechanism ensuring respect for the values enshrined in Article 2 of the Treaty on European Union (TEU); supports the introducingtion of strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing the large EU funds.
Amendment 64 #
2017/2089(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Expresses its deep concern for the de facto crucial, but ill-defined,Notes the crucial role of the Eurogroup in the economic governance of the euro area, and for the impact that its decisions might have in influencing policy- making, without being counterbalanced by appropriate mechanisms of democratic accountability and judicial control; reminds theits members of the Council of their horizontal obligations deriving from Articles 2 and 6 TEU and from the Charter;
Amendment 64 #
2017/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the unprecedented and isolated decision of Poland to oppose the Council conclusions on the application of the EU Charter on Fundamental Rights during the Justice Ministers’ meeting in Luxembourg on 11th October 2018.
Amendment 68 #
2017/2089(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the Union’s action on the international scene must be guided by the principles enshrined in Article 21(1) TEU; is convinced that full respect for and promotion of the Charter’s provisions inside the EUnion’s internal sphere represents a benchmark for assessing the legitimacy and credibility of the Union’s behaviour in its international relations, including within the framework of the enlargement process pursuant to Article 49 TEU;
Amendment 69 #
2017/2089(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. DeplorNotes the limited jurisdiction of the CJEU in the field of Common Foreign and Security Policy (CFSP), and warns against any potential limitation of the rights to an effective remedy as enshrined in the Charter and in the ECHR;
Amendment 72 #
2017/2089(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that comprehensive trade agreements with third countries might have far-reaching consequences for a wide range of human rights; asks the Commission to go beyond the usual ‘integrated approach’ followed in its impact assessments, and to carry out specific human rights impact assessments prior to the conclusion of any trade negotiations, by taking full advantage ofinto consideration the UN Guiding Principles on human rights impact assessments of trade and investment agreements;
Amendment 74 #
2017/2089(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls for a speedy accession of the EU to the European Convention of Human Rights; reaffirms that EU accession to the ECHR will constitute the minimum level of protection for human rights and fundamental freedoms in Europe and provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to a violation of human rights derived from an act by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; and that ECtHR case law will thus provide extra input for current and future EU action on the respect for, and promotion of, fundamental freedoms in the areas of civil liberties, justice and home affairs, in addition to the case law of the Court of Justice in this field;
Amendment 76 #
2017/2089(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the potential of certain EU agencies to offer support to Member States in fulfilling their obligations deriving from the Charter, by frequently acting as an operational link between the EU and national spheres; points out that this task can only be effectively performed by developing a fully-fledged humanfundamental rights praxisctice within the agencies themselves, taking into account both the internal and external dimensionoperating in the sphere of justice and home affairs ofr the protection and promotion of fundamental rightsose specifically tasked with promoting and protecting rights and principles derived from the Charter;
Amendment 77 #
2017/2089(INI)
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 humanfundamental rights’ obligations, resulting in varying degrees of implementation; stresses the need to promote EU intra- agency cooperation as well as structured dialogues with relevant national stakeholders and independent human rights experts, and to build on existing best practices, in order to advance a common and strengthened humanfundamental rights framework;
Amendment 80 #
2017/2089(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the EU agencies to adopt internal humanoperating in the sphere of justice and home affairs or those specifically tasked with promoting and protecting rights and principles derived from the Charter to adopt internal fundamental rights strategies and to promote regular fundamental rights/ and Charter training sessions for their staff at all levels;
Amendment 83 #
2017/2089(INI)
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, where necessary, fill this gap in possible future revisions, 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 87 #
2017/2089(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the persistent awareness- gap concerning the Charter, its scope and degree of application among both rights- holdersthose who benefit from its protection and legal and human rights experts, and deplores the scarcity of national action devoted to remedying such a deficiency;
Amendment 88 #
2017/2089(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to strengthen its awareness-raising activities concerning the Charter, with the full involvement of civil society organisations, and to promote and fund Charter-targeted training modules for national judges, legal practitionaiming to improve the knowledge of Union policies and Union law including inters as well as civil servants at all levels of the national public administrations; calls on the Commission, furthermore, to equip the Member States with practical guidelines supporting them in the implementation of the Charter at national level; asks the Commission, in this context, to give full visibility to the FRA’s recently published Handbook on Applying the Charter of Fundamental Rights of the European Union in law and policymakinglia 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 among national judges, legal practitioners as well as civil servants; calls on the Commission, furthermore, to equip the Member States with practical guidelines supporting them in the implementation of the Charter at national level;
Amendment 89 #
2017/2089(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Encourages the Member States to regularly exchange information and experience on the use, application and oversight of the Charter, and to mainstream the examples of best practice already developed at national level, such as, for instance, those presented in the report of the Dutch Presidency on the outcome of the seminar on the ‘National Policy application of the EU Charter of fundamental rights’;
Amendment 90 #
2017/2089(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on the Commission, to give full visibility to the FRA’s recently published Handbook on Applying the Charter of Fundamental Rights of the European Union in law and policymaking at national level;
Amendment 91 #
2017/2089(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 94 #
2017/2089(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Stresses that the incorporation of the Charter into primary EU law, while not extending the Union’s competences and respecting the principle of subsidiarity as defined in its Article 51, creates new responsibilities for the decision-making and implementing institutions, as well as for Member States when implementing EU legislation at national level, and that the Charter’s provisions have thus become directly enforceable by European and national courts;
Amendment 96 #
2017/2089(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 99 #
2017/2089(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Encourages the Member States to review their procedural rules on legal scrutiny and impact assessments of bills from the perspective of the Charter of Fundamental Rights; such procedures should explicitly refer to the Charter, just like they do to national human rights instruments, to minimise the risk that the Charter is overlooked;
Amendment 100 #
2017/2089(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Regrets that up to date, the Republic of Poland and the United Kingdom have not decided to withdraw from Protocol 7 of the Treaties, ensuring their opt-out from the Charter.
Amendment 4 #
2017/2024(INL)
Motion for a resolution
Annex I – part A – point 1
Annex I – part A – point 1
Amendment 5 #
2017/2024(INL)
Motion for a resolution
Annex I – part A – point 2
Annex I – part A – point 2
2. The objective of the revision is, in compliance with the Treaties, to enable Union citizens both to register and to submit a citizens’ initiative successfully and in a cost-effective manner, and to provide for their petitioconcerns to receive appropriate follow-up from the Commission, in order to encourage as many Union citizens as possible to become involved in taking the European integration process forward.
Amendment 9 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point –1 (new)
Annex I – part B – point 1 – point –1 (new)
(-1) Recital 3 is amended as follows: [...] similar possibilities [...] instead of [...] similar conditions [...] And the following is added: [...], in particular for people with disabilities.
Amendment 11 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point –1 a (new)
Annex I – part B – point 1 – point –1 a (new)
(-1a) In recital 7, the following sentence is deleted: “That should be set as the age at which citizens are entitled to vote in elections to the European Parliament.” And amended as follows: “That should be set as the minimum age of 16 years.”
Amendment 16 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point –1 b (new)
Annex I – part B – point 1 – point –1 b (new)
(-1b) In recital 13, the following phrase is deleted: “including, where applicable, a personal identification number or a personal identification document number”
Amendment 21 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point –1 c (new)
Annex I – part B – point 1 – point –1 c (new)
(-1c) Recital 17 is amended as follows: [...] from the date of collection [...] instead of [...] from the date of registration [...].
Amendment 31 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 1 – paragraph 1
Annex I – part B – point 1 – point 1 – paragraph 1
Amendment 47 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 – point a
Annex I – part B – point 1 – point 2 – point a
Amendment 79 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 4 a (new)
Annex I – part B – point 1 – point 4 a (new)
(4a) In Article 8(1), second subparagraph, the following text is deleted: (b) to the Member State that issued the personal identification number or the personal identification document indicated in the statement of support, as specified in point 2 of Part C of Annex III.
Amendment 89 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 5 – point b – paragraph 2 a (new)
Annex I – part B – point 1 – point 5 – point b – paragraph 2 a (new)
In article 10, the following paragraph is added: "3. Once the initiative has been successfully registered, the Commission will keep updated the organisers about its plans and the evolution of the legislative procedure.";
Amendment 103 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 9 – paragraph 2
Annex I – part B – point 1 – point 9 – paragraph 2
Member States and Union Institutions, and in particular the European Commission , shall carry out information campaigns in order to raise public awareness of the existence of the ECI, thereby maximising its added-value and promoting the active participation of citizens in the political life of the Union.” Registered ECIs may, on reasoned request, receive financial support from the Commission out of EU funds for technical and organisational purposes.
Amendment 107 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 9 a (new)
Annex I – part B – point 1 – point 9 a (new)
(9a) In Annex III, the statement of support form — Part B (for Member States which require the provision of a personal identification number/personal identification document number) is deleted.
Amendment 14 #
2017/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s 2015 annual report on the application of EU law, and notes that according to this report the three fields in which Member States were mostly subject to transposition infringement proceedings in 2015 were mobility and transport, energy and the environmentthe Commission focuses on the enforcement of the EU acquis;
Amendment 19 #
2017/2011(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that according to this report the three fields in which Member States were mostly subject to transposition infringement proceedings in 2015 were mobility and transport, energy and the environment; calls on the Commission to outline the specific reasons for this in greater detail;
Amendment 24 #
2017/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the primary responsibility for the correct implementation and application of EU law lies with the Member States, but points out that this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law; emphasises, however, that the Commission makes available to the Member States a series of instruments designed to help them find joint solutions, such as handbooks, groups of experts, special internet sites, from dialogue concerning transposition plans to documents explaining how to recognise transposition problems early and address them;
Amendment 27 #
2017/2011(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission once again to bring together all the various portals, access points and information websites in a single gateway that will provide citizens with easy access to on- line complaint forms and user-friendly information on infringement procedures;
Amendment 28 #
2017/2011(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that the Commission insists that the Member States notify it should they decide, when transposing directives into national law, to add elements which make it clear to the public which provisions are the EU's responsibility and which the Member State's; points out, at the same time, that this is without prejudice to the right of Member States to lay down, for example, higher social and environmental standards at national level;
Amendment 37 #
2017/2011(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the important role of the social partners, civil society organisations, the European Economic and Social Committee, the Committee of the Regions and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States;
Amendment 40 #
2017/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the fact that for the first time since 2011, the number of new complaints has decreased by around 9 % compared to 2014, with a total of 3450 new complaints; notes with great concern, however, that the area of employment, social affairs and inclusion shows the highest number of new complaints;
Amendment 67 #
2017/2011(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that sincere cooperation between the Commission and Parliament is an obligation incumbent on both institutions; calls on the Commission, therefore, to provide a follow-up to every European Parliament resolution on monitoring the implementation of EU law;
Amendment 21 #
2017/0232(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The supervision of macro- economic imbalances within the European Union requires that the affected groups who bear the economic and social risks of financial crisis have a strong voice. Therefore, a strong and effective involvement of social partners is essential.
Amendment 22 #
2017/0232(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) A gender balance within the General Board of the ESRB should be aimed at.
Amendment 29 #
2017/0232(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure the quality and relevance of the ESRB opinions, recommendations and decisions, the Advisory Technical Committee and Advisory Scientific Committee are expected to consult stakeholders, where appropriateespecially the social partners, at an early stage and in an open and transparent manner. The results of those consultations have to be fully taken into account.
Amendment 38 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii a (new)
Article 1 – paragraph 1 – point 5 – point a – point ii a (new)
Regulation (EU) No 1092/2010
Article 11 – point j a (new)
Article 11 – point j a (new)
(iia) the following point (ja) is inserted: “(ja) one representative of the European social partners representing the employers and one representative of the European social partners representing the employees;”
Amendment 40 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 1092/2010
Article 12 – paragraph 1
Article 12 – paragraph 1
(6a) paragraph 1 is replaced by the following: "1. The Advisory Scientific Committee shall be composed of the Chair of the Advisory Technical Committee and 15 experts representing a wide range of skills and experiences proposed by the Steering Committee and approved by the General Board for a four-year, renewable mandate. The nominees shall not be members of the ESAs, but especially social partners and shall be chosen on the basis of their general competence and their diverse experience in academic fields or other sectors, in particular in small and medium- sized enterprises or trade-unions, or as providers or consumers of financial services."
Amendment 47 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 1092/2010
Article 18 – point 3 a (new)
Article 18 – point 3 a (new)
(9a) In article 18 the following point 3a is inserted:: "The analysis from the ESRB and the underlying data have to be made public."
Amendment 43 #
2017/0226(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Effective and efficient criminal law measures are essential to protect non-cash means of payment against fraud and counterfeiting. In particular, a common criminal law approach is needed to the constituent elements of criminal conduct that contribute to or prepare the way for the actual fraudulent use of means of payment. Behaviour such as the collection and possession of payment instruments with the intention to commit fraud, through, for instance, phishing or skimming, and their distribution, for example by selling credit card information on the internet, should thus be made a criminal offence in its own right without being directly linked to the actual fraudulent use of means of payment. So such criminal conduct should also cover circumstances where possession, procurement or distribution does not necessarily lead to fraudulent use of such payment instruments, if the offender is aware of such a possibility (dolus eventualis). This Directive does not sanction the legitimate use of a payment instrument, including and in relation to the provision of innovative payment services, such as services commonly developed by fintech companies.
Amendment 48 #
2017/0226(COD)
Proposal for a directive
Recital 11
Recital 11
(11) It is appropriate to provide for more severe penalties where the crime is committed by a criminal organisation, as defined in Council Framework Decision 2008/841/JHA45 , or where a crime is conducted on a large scale, thus involving extensive or considerable damage to the victims or an aggregate advantage for the offender of at least EUR 20 000. _________________ 45 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
Amendment 56 #
2017/0226(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Given the need for special tools to effectively investigate fraud and counterfeiting of non-cash means of payment, and their relevance for effective international cooperation between national authorities, adequate investigative tools that are typically used for cases involving organised crime and other serious crime should be available to competent authorities in all Member States for the investigation of such offences. Taking into account the principle of proportionality, the use of such tools in accordance with national law should be commensurate with the nature and gravity of the offences under investigation. In addition, law enforcement authorities and other competent authorities should have timely access to relevant information in order to investigate and prosecute the offences laid down in this Directive.
Amendment 85 #
2017/0226(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) theft or other unlawful appropriation of a payment instrument; concerning a digital payment instrument, unlawful appropriation shall at least be presumed where access to it has involved the infringement of a security measure;
Amendment 88 #
2017/0226(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) possession, procurement for use,oneself or another, including import, export, sale, transport, and distribution or otherwise making available of af a payment instrument which has been stolen or otherwise unlawfully appropriated, or of a payment instrument counterfeited or falsified payment instrumentby another, in order for it to be used fraudulently.
Amendment 95 #
2017/0226(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure that performing or causing a transfer of money, monetary value or virtual currencies, and thereby causing an unlawful loss of property for another person, in order to make an unlawful gain for the perpetrator or a third party is punishable as a criminal offence, when committed intentionally by:
Amendment 98 #
2017/0226(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) hindering or interfering with the functioning of an information system without the right to do so;
Amendment 99 #
2017/0226(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) introducing, altering, deleting, transmitting or suppressing computer data without the right to do so.
Amendment 105 #
2017/0226(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall take the necessary measures to ensure that the attempt to commit an offence referred to in Articles 3 to 6, points (a) and (b) of Article 4 and Article 5 is punishable as a criminal offence.
Amendment 113 #
2017/0226(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) they involve extensive or considerable damage or an aggregate advantage of at least EUR 20 000.
Amendment 132 #
2017/0226(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 142 #
2017/0226(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 to 7.
Amendment 36 #
2017/0220(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The European Parliament, in its resolution on the European citizens’ initiative of 28 October 201525 called on the Commission to reviewcomprehensively to review and to revise as soon as possible Regulation (EU) No 211/2011 and Commission Implementing Regulation (EU) No 1179/2011. _________________ 25 2014/2257 (INI). 2014/2257 (INI).
Amendment 38 #
2017/0220(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims to make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and supporters, in order to achieve the full potential of the European citizens’ initiative as a tool to foster debate and citizen participation at Union level, and to bring the Union closer to its citizenin order to encourage as many EU citizens as possible to play their part in shaping the ongoing European integration process.
Amendment 71 #
2017/0220(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to promote participation and public debate on the issues raised by the initiatives, where an initiative supported by the required number of signatories and fulfilling the other requirements of this Regulation is submitted to the Commission, the group of organisers should have the right to present that initiative at a public hearing at Union level. The public hearing should be co- organised by the Commission and the European Parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the Commission and the Council. Other institutions and advisory bodies of the Union as well as interested stakeholders should have the opportunity to participate in the hearing.
Amendment 77 #
2017/0220(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure the effective participation of citizens in the democratic life of the Union, the Commission should examine a validevery initiative which has secured the requisite number of at least one million statements of support and respond to it. The Commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative, in particular whether it intends to put forward a legislative proposal. The Commission should explain in a clear, comprehensible and detailed manner the reasons for its intended action, and should likewisein particular give its reasons if it does not intend to take any action.
Amendment 95 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission shall, upon request, provide information and appropriate expert and legal assistance about the European citizens’ initiative to citizens and groups of organisers.
Amendment 137 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3 – point b
Article 6 – paragraph 4 – subparagraph 3 – point b
(b) partially register the initiative if a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties;
Amendment 147 #
2017/0220(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
The group of organisers shall inform the Commission of the date chosen at the latest 10 working days before that date.
Amendment 149 #
2017/0220(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Amendment 167 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
The Commission and the European Parliament shall co-organise the public hearing at the European Parliament. Representatives of the Council, other institutions and advisory bodies of the Union, as well as interested stakeholders or experts, shall be given the opportunity to participate in the hearing.
Amendment 172 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
The Commission and the European Parliament shall ensure a balanced representation of relevant public and private interest groups.
Amendment 179 #
2017/0220(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Within one month of the submission of the initiative, the Commission shall receive the group of organisers at an appropriate level to allow them to explain in detail the matters raised bypurpose of the initiative.
Amendment 180 #
2017/0220(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
2. Within five months after the publication of the initiative in accordance with Article 14(1), and after the public hearing referred to in Article 14(2), the Commission shall set out in a communication full details of its legal and political conclusions on the initiative, the action it intends to take, if any, and its detailed reasons for taking or not taking action.
Amendment 191 #
2017/0220(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission, Parliament and the Council and the Member States shall raise public awareness about the existence of the European citizens’ initiative through communication activities and information and publicity campaigns, thereby contributing to promoting the active participation of citizens in the political life of the Union.
Amendment 193 #
2017/0220(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission shall periodically review the functioning of the European citizens’ initiative and present a report to the European Parliament and the Council on the application of this Regulation no later than five years from the date of application of this Regulation, and every fivthree years thereafter. The reports shall be made public.
Amendment 8 #
2016/2328(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled 'Severe labour exploitation: workers moving within or into the European Union ', published in June 2015,
Amendment 11 #
2016/2328(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the survey by the European Union Agency for Fundamental Rights (FRA) entitled 'Second European Union minorities and discrimination survey', published in December 2017,
Amendment 23 #
2016/2328(INI)
Motion for a resolution
Recital C
Recital C
C. whereas despite many changes introduced in Member States, victims still often lack awareness of their rights, undermining the Victims’ Rights Directive’s effectiveness on the ground, in particular the requirement of accessibility of information;
Amendment 26 #
2016/2328(INI)
Motion for a resolution
Recital D
Recital D
D. whereas some Member States show an absence of victim support services, as well as a lack of coordination between various victim support services, both locally and regionally;
Amendment 42 #
2016/2328(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the FRA study "Making hate crime visible in the European Union: acknowledging victims’ rights" states that an immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;
Amendment 44 #
2016/2328(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas Article 1 of the Directive states that the rights set out in the Directive shall apply to victims in a non- discriminatory manner, including with respect to their residence status;
Amendment 46 #
2016/2328(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the FRA study on "Severe labour exploitation: workers moving within or into the European Union" states that victims of severe labour exploitation who are in an irregular situation of residence are discouraged by their status from reporting to any public authority;
Amendment 48 #
2016/2328(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas the FRA survey "Second European Union minorities and discrimination survey" states that only one out of eight respondents reported or filed a complaint about the most recent incident of discrimination they experienced because of their ethnic or immigrant background;
Amendment 67 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 5 a (new)
Recital I – indent 5 a (new)
- Whereas witness testimony is crucial to the proper functioning of the criminal justice system in any state upholding the rule of law;
Amendment 70 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 5 b (new)
Recital I – indent 5 b (new)
- Whereas witnesses are essential for the effective investigation on and prosecution of organised crime and terrorist groups, which often finance their activities through transnational human trafficking, minors sexual exploitation and trade in child sexual abuse material;
Amendment 72 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 5 c (new)
Recital I – indent 5 c (new)
- Whereas witness contribution is fundamental to dismantle transnational criminal organisations as well as terrorist groups;
Amendment 76 #
2016/2328(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
Amendment 79 #
2016/2328(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. DeplorCritizes that the Commission has not submitted a report to Parliament and to the Council on the application of the Victims’ Rights Directive by November 2017, in accordance with Article 29 of the directive;
Amendment 80 #
2016/2328(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RegretCritizes that two years after transposition was due, only 23 out of 27 Member States had officially transposed the Victims’ Rights Directive by September 2017, and among these, some are only partially compliant and only on some provisions;
Amendment 104 #
2016/2328(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds the Member States of the importance to ensure that the residence status is not an obstacle to the rights under the Directive; welcomes the steps taken by some Member States in order to give undocumented victims a safe option to report crimes without being reported to immigration authorities or to obtain a residence permit on humanitarian grounds; reminds the Member States in this context of Article 59 of the Istanbul Convention which states that victims in the scope of the Convention can be granted a renewable residence permit if the competent authority considers that their stay is necessary for their cooperation in criminal proceedings; considers that granting stays of deportation to all undocumented victims for the duration of criminal proceedings or granting temporary residence permits could encourage them to report crimes and counter the climate of impunity for perpetrators;
Amendment 113 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to provide a full range of measures to facilitate victims’ access to housing and employment, including providing shelter for victims of gender-based violence and their children, in order for women to feel safe and able to report gender based violence.
Amendment 122 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Member States to take into account significant incidents of gender-based violence, including domestic violence when determining custody and visitation rights; the rights and needs of child witnesses should be also taken into account when providing protection and support services to victims.
Amendment 149 #
2016/2328(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Recalls that children victims of crime are particularly vulnerable and should therefore be assisted by professionals specially trained to deal with them, taking into account the needs associated with different age groups, and to communicate in a child friendly manner;
Amendment 168 #
2016/2328(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Encourages Member States to set up awareness campaigns both at regional and national level to foster a cultural change in public opinion to avoid any victim-blaming attitude or behaviour engaged in some communities, which may result in additional trauma for victims of specific crimes such as gender based violence or sexual abuse;
Amendment 176 #
2016/2328(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Highlights the importance of relevant disaggregated comparable data on cases of all crimes, in particular when it comes to violence against women and human trafficking, in order to ensure a better understanding of the problem, and to raise awareness, assess and improve Member States’ action to support victims.
Amendment 178 #
2016/2328(INI)
Motion for a resolution
Paragraph 23 – subparagraph 1 (new)
Paragraph 23 – subparagraph 1 (new)
Recalls that an efficient set of guarantees in terms of witness protection is key to enhance the trust in criminal justice systems and consequently to fight against transnational organised crime;
Amendment 179 #
2016/2328(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Encourages Member States to take appropriate measures to effectively protect witnesses from potential retaliations or intimidations as well as to step up the exchange of best practices and international cooperation in this area;
Amendment 228 #
2016/2328(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Encourages Members States to provide adequate information material as well as free legal aid to victims of terrorism who are parties to criminal proceedings to obtain a decision on compensation;
Amendment 238 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
Amendment 239 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Calls on Member States to set up mechanisms for recovering adequate compensation payments from the offender;
Amendment 248 #
2016/2328(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on the Commission to include the priority of safeguarding personal security and the protection of all individuals from gender-based and interpersonal violence in the European Agenda on Security;
Amendment 33 #
2016/2224(INI)
Motion for a resolution
Recital E
Recital E
E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment protection, consumer protection, combating corruption and upholding social rights;
Amendment 70 #
2016/2224(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to present a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a broad coherent and effective mechanism;
Amendment 72 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that any future normative framework should take into account the rules, rights and duties that govern and impact on employment; further emphasises that this should be done in consultation with social partners and in compliance with collective bargaining agreements;
Amendment 86 #
2016/2224(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. considers that individuals who are outside the traditional employee-employer relationship, such as consultant, contractors, trainees, volunteers, students workers, temporary workers, former employees as well as citizens should also be given access to reporting channels and appropriate protection when they reveal information on an unlawful or wrongful act or an act which undermines the public interest;
Amendment 91 #
2016/2224(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriage of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights and acts to cover up any of these breaches;
Amendment 105 #
2016/2224(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers contribute to democracy, transparency of politics and economy, public information and have proved to be a crucial resource for investigative journalism and for an independent press;
Amendment 124 #
2016/2224(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guiltywrong person or party in their organisation;
Amendment 138 #
2016/2224(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priority to teach organisation should set clear reporting channel allowing the whistleblower to blow the whistle inside his or her organisation’s internal reporting mechanisms or to the competent authorities; stresses, however,, underlines that each employee should be informed of that reporting procedure, which should guarantee confidentiality and a treatment of the alert in an reasonable time; underlines that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the press;
Amendment 140 #
2016/2224(INI)
11a. recalls the right of the public to be informed of any wrongdoing that undermines the public interest, underlines in that respect that it should always be possible for a whistleblower to publicly disclose information on an unlawful or wrongful act or an act which undermines public interest;
Amendment 149 #
2016/2224(INI)
13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end and whistleblower should receive full compensation for the prejudice and damage incurred;
Amendment 160 #
2016/2224(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; believes that such abuse of process should be subject to criminal penalties and sanctions;
Amendment 167 #
2016/2224(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings and that the identity of the whistleblower shall not be revealed without his or her consent; underlines that a breach of identity without the whistleblower' consent should be subject to criminal penalties and sanctions;
Amendment 203 #
2016/2224(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to introduce an independent body, with sufficient budgetary resources and adequate personnel, responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisationzation, following the response given to the alert and publishing an annual report on the alerts received and their treatment ;
Amendment 209 #
2016/2224(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose the establishment of a similar body at EU level, with sufficient budgetary resources and adequate personnel, responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; suggests that the latter publish an annual report on the alerts received and their treatment; considers that the European Ombudsman’s mandate could be extended to serve that purpose;
Amendment 217 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that as once an alert has been recognized serious, it should lead to proper investigation and followed by appropriate measures;
Amendment 1 #
2016/2149(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU), in particular Article 5 on the conferral of competences and subsidiarity, Article 10(1) on representative democracy, Article 10(2) on the representation of EU citizens, Article 12 on the role of national parliaments, Article 48(3) on the ordinary revision procedure and Article 48(7) (passerelle clause) thereof,
Amendment 10 #
2016/2149(INI)
Motion for a resolution
Recital A
Recital A
A. whereas national parliaments play an essential role in granting and completing the democratic legitimacy of the Union, thereby ensuring its good constitutional functioningcontributes actively to the good functioning of the European Union (Article 12 TEU);
Amendment 17 #
2016/2149(INI)
Motion for a resolution
Recital D
Recital D
Amendment 20 #
2016/2149(INI)
Motion for a resolution
Recital E
Recital E
Amendment 23 #
2016/2149(INI)
Motion for a resolution
Recital F
Recital F
F. whereas national parliaments should take part in any kind ofare directly involved in any revision of the European Treaties and have recently been called upon to play an active role in a series of EU democratic conventionsfora ;
Amendment 25 #
2016/2149(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a European public sphere wcould be enforced by the establishment of a European Week, in which national parliamentary chambers would simultaneously discuss European affairs in the presence of Commissioners and Mwith members of the European Parliament and Commission ;
Amendment 31 #
2016/2149(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the implementation of the EWS could be greatlyhas improved, as demonstrated by the limited usageatest figures ofn the yellow card procedure and the ineffectiveness of the orange card procedurtotal number of opinions submitted by national Parliaments under the political dialogue;
Amendment 33 #
2016/2149(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the eight-week period laid down in Article 4 of Protocol No 1 has proven to be inis adequate for timely monitoring of compliance with the principle of subsidiarity;
Amendment 34 #
2016/2149(INI)
Motion for a resolution
Recital L
Recital L
Amendment 35 #
2016/2149(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. Whereas that several national parliaments have expressed their interest in an instrument in the context of improving political dialogue, which would afford national parliaments, having first secured the support of the European Parliament, the opportunity to suggest constructive proposals for the Commission's consideration and with due regard for the Commission's right of initiative;
Amendment 36 #
2016/2149(INI)
Motion for a resolution
Recital N
Recital N
Amendment 38 #
2016/2149(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the comprehensive range of information rights provided for in the Treaty of Lisbon could be enhanced if national parliaments were given more resources and time to cope with the documents forwarded to them by the European Institutionsnational parliaments in the Treaty of Lisbon has been enhanced;
Amendment 39 #
2016/2149(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas interinstitutional cooperation has undoubtedly improved after the entry into force of the Treaty of Lisbon and of the so-called Barroso initiativepolitical dialogue launched by the Commission in September 2016 giving the national parliaments possibilities to give comments, positive feedbacks or critics on Commission proposals ;
Amendment 41 #
2016/2149(INI)
Motion for a resolution
Recital R
Recital R
R. whereas national parliaments occasionally raise grievances about their relations with the European Union, claiming that they are highly complex and on occasion troublesome and inefficientcomplex;
Amendment 49 #
2016/2149(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesConsiders that the implementation of the rights and obligations of national parliaments deriving from the Treaty of Lisbon; considers that their implementation has enhanced the role of national parliamentarytheir chambers within the European constitutional framework, thus providing for thmore pluralism, democratic legitimacy and goodbetter functioning of the Union ;
Amendment 51 #
2016/2149(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Encourages the national Parliaments to exercise their full European function to directly influence the contents of the policies, in particular via the control of their national governments acting as members of the European Council and the Council ;
Amendment 55 #
2016/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that national parliaments should be granted enough time and powers to scrutinisehave the right to scrutinise and to control the activity of their national governments also when they act at European level, whether in the Council or in the European Council, in full compliance with the Member States’ constitutions; believes that anthe exchange of best practices between national parliaments should be promoted in this respectstrengthened;
Amendment 58 #
2016/2149(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the promotion of exchange of best practices in parliamentary scrutiny between national parliaments, as the generalisation of regular debates between the respective ministers and the specialised committees in national parliaments before and after Council meetings, and regular meeting with Commissioners and MEPs ;
Amendment 64 #
2016/2149(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. States that the European Parliament and national parliaments - but also social partners - should be better involved in the European Semester process ;
Amendment 69 #
2016/2149(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that during the last COSAC plenary meeting in Tallin, COSAC recognise that the majority of national Parliaments debate EU matters at the plenary whether at regular intervals or on an ad hoc basis and acknowledges that more plenary debates on EU matters raise the visibility of the Union and give citizens the opportunity to learn more about the agenda of the EU and the positions of political parties on these issues;
Amendment 76 #
2016/2149(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 81 #
Amendment 82 #
2016/2149(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. UnderlinesTakes note the fact that the EWS has seldom been used since the entry into force of the Treaty of Lisbon, and believes that it could be reformed within the current constitutional framework;
Amendment 85 #
2016/2149(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that prior experience with the EWS has proven that drawing a line between the political dimension of the principle of subsidiarity and the legal dimension of, with regard to any new legislative initiative, the Commission is obliged to examine whether the EU has the principle of proportionality is, on occasion, difficult and troublesomeght to take action and whether this is also justified; calls on the Commission, therefore, to reschew an overly narrow interpretation ofpect the principle of subsidiarity, and to make use of reasonable criteria of self-restraint while examiningproportionality, and to take into account the reasoned opinions issued by national parliaments within the EWS;
Amendment 87 #
2016/2149(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 92 #
2016/2149(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Takes note of the request from certain national parliaments to extend the eight-week period in which they can issue a reasoned opinion under Article 6; recalls, in this regard, that national parliaments may intervene and consider the question of compliance with the principle of subsidiarity before the presentation of a legislative initiative by the Commission in the form of Green and White Papers or the annual presentation of the Commission’s work programme;
Amendment 99 #
2016/2149(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Suggests the implementaRecalls the discussions regarding a possible introduction of a proceduresystem whereby national parliaments could submit reasoned opinionconstructive proposals to the Commission with the aim of positively influencing its powers of legislative initiative, and whereby the Commission could either legislate in line with such opinions or issue a reasoned veto underlining its reasons for not doing sothe European Debate; points out that such a procedure cannot consist of a right to legislative initiative, or a right to withdraw or amend legislation, as it would otherwise subvert the Union method and violate the Treaties; Underlines, however, that it is already possible for national parliaments to present a proposal asking the Commission to act;
Amendment 105 #
2016/2149(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. encourages the establishment of more exchanges of officials of institutions and political groups between the administrations of the European Parliament and national parliaments ;
Amendment 108 #
2016/2149(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the existing cooperation between the European Parliament and national parliaments in the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC), in the Interparliamentary Conference on Common Foreign and Security Policy (CFSP-IPC), and within the framework of Article 13 of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union; stresses that such cooperation should be developed on the basis of the principles of consensus, information-sharing and consultation, in order to exercise control over their respective administrations;
Amendment 109 #
2016/2149(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 113 #
2016/2149(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Insists, however, on a clear delineation of the respective decision- making competences of the national parliaments and the European Parliament, where the former should exercise their European function on the basis of their national constitutions, in particular via the control of their national governments as members of the European Council and the Council, which is the level where they are best placed to directly influence the content of and exercise scrutiny over the European legislative process; is therefore against the creation of joint parliamentary decision-making bodies for reasons of transparency, accountability and ability to act;
Amendment 115 #
2016/2149(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that strengthening political and technical dialogue between parliamentary committees, both at national and at European level, would be a greatly productive step towards full interparliamentary cooperation; takes the view that additional budgetary resources should be allocated to the Committees of the European Parliament, with the aim of allowing rapporteurs to undertake missions in order to informally discuss with national parliamentary committees the content of their reports;
Amendment 83 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 42 – paragraph 2
Rule 42 – paragraph 2
2. TOnly the committee responsible for respect of the principle of subsidiarity may decide to make recommendations for the attention of the committee responsible for the subject-matter in respect of any proposal for a legislative act.
Amendment 886 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 8 – subparagraph 1
Rule 9 – paragraph 8 – subparagraph 1
The committee's reportproposal for a decision shall be placed at the head ofon the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to thesuch a proposal(s) for a decision.
Amendment 1075 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 136
Rule 136
Amendment 1 #
2016/2065(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to its resolution of 12 March 2009 on employees' participation in companies with a European statute and other accompanying measures1a , _________________ 1a Texts adopted, P7_TA(2009)0131
Amendment 2 #
2016/2065(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the report on workers representation on board level in Europe (2015/2222(INI)),
Amendment 9 #
2016/2065(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas any new initiative in European company law without high standards for workers' participation might lead to further circumvention of national laws on workers' participation;
Amendment 11 #
2016/2065(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the relevant EU acquis provides for a wide set of information, consultation and participation rights for workers; whereas Directive 2009/38/EC1a and Directive 2005/56/CE, guarantee cross-border workers' participation and set the principle of pre-existing rights; whereas it is considered that those workers’ rights should also be protected in case of transfer of seat; _________________ 1aDirective 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast)
Amendment 12 #
2016/2065(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas all new initiatives in European company law should be based on an in-depth evaluation and assessment of existing company law forms, the relevant judgements of the Court of Justice of the European Union on cross- board mobility of companies, and on impact assessments reflecting the interests of all stakeholders, including shareholders, creditors, investors and workers, ensuring the principles of subsidiarity and proportionality;
Amendment 18 #
2016/2065(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to start a consultation on the basis of Article 154 TFEU with the social partners in order to evaluate the provisions on workers' information, consultation and participation in the European single market and to further promote, enhance and strengthen the existing provisions to ensure a European-wide protection of workers' rights, especially their right to information, consultation and participation in supervisory boards;
Amendment 23 #
2016/2065(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. calls on the Commission to submit a proposal for o directive on European standards for workers' participation in European company law forms and in company boards created under European law;
Amendment 24 #
2016/2065(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls, with respect to the number of workers' representatives sitting on the supervisory boards of companies, including direct or indirect subsidiaries, for a new directive introducing a "workers board-level representation- escalator" increasing parity depending on the size of the company in the following manner: a low proportion of workers' board-level representation (2 or 3 representatives) would be applied to small companies with 50 to 250 employees; a higher proportion (one third) of participation for companies with 250 to 1,000 employees; a robust parity (half of the seats) for big companies with more than 1,000 employees;
Amendment 41 #
2016/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the importance of the inclusion in the Directive on cross- border mergers of the rules which apply to the European company (SE) regarding workers’ rights' rights; recalls that in Directive 2005/56/EC the standards of workers' rights to information and consultation are set at a high level and should therefore constitute a model; hopes that the new provisions concerning workers’' rights will be so framed as to prevent certain undertakings from using the Directive on cross-border mergers with the sole aim of transferring their registered office or head office for fiscal, social and legal reasons; stresses the importance of eliminating ambiguities in the application of penalties for failure to respect the criteria of information, consultation and co- determination of workers;
Amendment 52 #
2016/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that Directive 82/891/EEC only regulates divisions of undertakings within a Member State; notes that specific cases involving divisions of undertakings between different Member States are rarer; stresses that a possible new Directive should not be used as a formal instrument for divisions in an undertaking for the purpose of forum shopping to avoid legal obligations under national law;
Amendment 60 #
2016/2065(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission, the Council and the Member States to respect and protect all forms of workers' involvement in supervisory boards that exist on national level; considers that every attempt to circumvent or breach existing legislation obliging companies to involve workers in their decisions should be tackled with European rules;
Amendment 64 #
2016/2065(INI)
Motion for a resolution
Paragraph 18 – indent 3
Paragraph 18 – indent 3
- participation by, and safeguarding of, workers, requiring the same forms of information and consultation, with the aim of enhancing workers' protection, in particular against social dumping;
Amendment 20 #
2016/2018(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 24 #
2016/2018(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to present more inclusive, more detailed and more reliable Work Programmes; requests, in particular, that the Commission Work Programmes clearly indicate the legal nature of each proposal with accurate and realistic timeframes; calls on the Commission to ensure that forthcoming legislative proposals – especially key legislative packages – arrive well before the end of this legislative term, namely early in 2018, thereby giving the co- legislators enough time to exercise their prerogatives in full;
Amendment 30 #
2016/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomesTakes note of the new IIA’s provisions on impact assessments, notably the principle that they may inform but never be a substitute for political decisions or cause undue delays to the legislative process; recalls that the Commission, in the Small Business Act, made a commitment to implementing the ‘think small first’ principle in its policymaking, and that this includes the SME test to assess the impact of forthcoming legislation and administrative initiatives on SMEs27 ; recalls that in its decision of 9 March 2016 on the new IIA Parliament stated that the wording of the new IIA does not sufficiently commit the three Institutions to include SME and competitiveness tests in their impact assessments28 ; underlines that, throughout the legislative procedure and in all assessments of the impact of proposed legislation, particular attention must be paid to the potential impacts on those who have least opportunity to present their concerns to decision takers, including SMEs and others who do not have the advantage of easy access to the Institutions; stresses the importance of taking into account and paying attention to the needs of SMEs at all stages of the legislative cycle and expresses satisfaction that the Commission’s Better Regulation Guidelines prescribe that potential impacts on SMEs and competitiveness should be considered and reported systematically in all impact assessments; encourages the Commission to consider how the impact on SMEs can be taken into account even better, including in connection with the European added value of a proposal, and intends to follow this issue closely in the years to come; _________________ 27See Parliament’s resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test (OJ C 289, 9.8.2016, p. 53), paragraph 16. 28See Parliament’s resolution of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission (Texts adopted, P8_TA(2016)0081), paragraph 4.underlines that, throughout the legislative procedure and in all assessments of the impact of proposed legislation, particular attention must be paid to the potential impacts on those who have least opportunity to present their concerns to decision takers, including stakeholders, the civil society and trade unions and others who do not have the advantage of easy access to the Institutions and taking also into account the needs of SMEs;
Amendment 38 #
2016/2018(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers it essential that better regulation should help the creation of quality jobs, and urges that measures be taken to ensure that objectives concerning the public interest including user-friendly, ecological, social, health and safety and gender-equality standards are not compromised; stresses that the reduction of administrative burdens must not lead to a reduction in employment standards or an increase in precarious employment contracts, and that workers in SMEs and micro-enterprises must enjoy the same treatment and high standard of protection as workers in larger companies;
Amendment 40 #
2016/2018(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses that evaluation of new rules regarding their impact on SMEs must be in no way detrimental to workers' rights;
Amendment 41 #
2016/2018(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses the importance of social dialogue and respect for the autonomy of the social partners; underlines in particular with regard to Article 9 TFEU that the social partners may, in accordance with Article 155 TFEU, conclude agreements that can lead to EU legislation at the joint request of the signatory parties; expects the Commission to respect the autonomy of the parties and their negotiated agreements, and to take their concerns seriously, and stresses that the better regulation agenda should not be a pretext for disregarding or bypassing agreements reached between the social partners; therefore rejects any impact assessments of social partner agreements;
Amendment 45 #
2016/2018(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomesTakes note of the inclusion of the principles of subsidiarity and proportionality in the scope of impact assessments; stresses, in this regard, that impact assessments should always encompass a thorough and rigorous analysis of the compliance of a proposal with the principles of subsidiarity and proportionality and specify its European added value;
Amendment 50 #
2016/2018(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses disappointment at the fact that many Commission proposals, including politically sensitive proposals, were not accompanied by impact assessments, in spite of the commitment made by the Commission in paragraph 13 of the new IIA; points out that experience from committees so far suggests that the quality and level of detail of impact assessments varies from the comprehensive to the rather superficialTakes notes that some Commission proposals, were not accompanied by impact assessments; points out that in the first phase of application of the new IIA, 20 of the 59 Commission proposals included in the 2017 joint declaration were not accompanied by impact assessments; recalls in this regard that, while it is in anysome case foreseen that initiatives which are expected to have a significant social, economic or environmental impact should be accompanied by an impact assessment, the initiatives included in the Commission Work Programme or in the joint declaration should, as a general rule, be accompanied by an impact assessment;
Amendment 57 #
2016/2018(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that replacing the former Impact Assessment Board with the new Regulatory Scrutiny Board is a welcome first step to achieving an independent board; reiterates that the independence, transparency and objectiveness of the Regulatory Scrutiny Board and its work must be safeguarded and that the members of the Board should not be subjected to political control29 ; stresses the importance of ensuring that all of the Board’s opinions, including negative ones, are made public and accessible at the same time as the relevant impact assessments are published; _________________ 29 See Parliament’s resolution of 27 November 2014, cited above, paragraph 12; Parliament decision of 9 March 2016, cited above, paragraph 6.
Amendment 61 #
2016/2018(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that Parliament’s Directorate for Impact Assessment and European Added Value, established within its administration, assists parliamentary committees and offers them a variety of services, for which sufficient resources must be available so as to ensure that Members and committees receive the best possible support available; notes with appreciation the fact that the Conference of Committee Chairs adopted an updated version of the ‘Impact Assessment Handbook -– Guidelines for Committees’ on 12 September 2017;
Amendment 63 #
2016/2018(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that under paragraph 14 of the new IIA, upon considering Commission legislative proposals, Parliament willcan take full account of the Commission’s impact assessments; recalls in this context that parliamentary committees may invite the Commission to present its impact assessment at a full committee meeting and invites its committees to avail themselves of this opportunity more regularly, and of the possibility to see a presentation of the initial appraisal of the Commission’s impact assessment by Parliament’s own services; points out, however, that this must not lead to a restriction of the room for manoeuvre available to Members of the European Parliament;
Amendment 66 #
2016/2018(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomesTakes note of the possibility thatfor the Commission to complements its own impact assessments during the legislative process; considers that paragraph 16 of the new IIA should be interpreted to the effect that, when requested by Parliament or the Council, the Commission should as a rule promptly provide such complementary impact assessments;
Amendment 71 #
2016/2018(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Repeats its position that stakeholders, trade unions and the civil society should be able to provide effective input to the impact assessment process as early as possible in the consultation phase and encourages the Commission to that end to make a more systematic use of roadmaps and inception impact assessments and publish them in due time at the beginning of the impact assessment process;
Amendment 73 #
2016/2018(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 80 #
2016/2018(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. WelcomesTakes note that regarding paragraph 23 of the new IIA, wherein the three Institutions agree to systematically consider the use of review clauses in legislation; invites the Commission to include review clauses in its proposals whenever appropriate and, if not, to state its reasons for departing from this general rule;
Amendment 122 #
2016/2018(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Considers that, in order to reduce the problems related to ‘gold-plating’, the three Institutions should commit to adopting EU legislation which is clear, easily transposable and which has a specific European added value; recalls that, while additional unnecessary administrative burdens should be avoided, this should not prevent the Member States from taking more ambitious measures and to adopt higher social, environmental and consumer protection standards in cases where only minimum standards are defined by Union law37 ; ; welcomes any decision to do so; _________________ 37 See Parliament’s resolution of 12 April 2016 on Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook, cited above, paragraph 44.
Amendment 131 #
2016/2018(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. WelcomesTakes note of the Commission’s first annual burden survey undertaken in the context of simplification of EU legislation, for which it carried out a Flash Eurobarometer survey on business perceptions of regulation, interviewing over 10 000 businesses across the 28 Member States, mainly SMEs and reflecting the distribution of business in the EU; draws attention to the findings of the survey, which confirm that the focus on cutting unnecessary costs remains appropriate and suggest that there is a complex interplay of different factors that influence the perception of businesses, which may also be caused by variations in national administrative and legal set ups concerning the implementation of legislation; points out that gold plating and even inaccurate media coverage can also affect such perception; agrees with the Commission that the only way to identify concretely what can actually be simplified, streamlined or eliminated is to seek views from all stakeholders and trade unions on specific pieces of legislation or various pieces of legislation that apply to a particular sector; calls on the Commission to refine the annual burden survey, on the basis of the lessons learnt from the first edition, to apply transparent and verifiable data collection methods, to pay particular regard to SMEs’ needs, and to include both actual and perceived burdens;
Amendment 135 #
2016/2018(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
Amendment 140 #
2016/2018(INI)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54a. Opposes the setting of a net target for reducing regulatory costs, as this unnecessarily reduces the range of instruments available for addressing new or unresolved issues, and ignores the corresponding benefits of regulation;
Amendment 141 #
2016/2018(INI)
Motion for a resolution
Paragraph 54 b (new)
Paragraph 54 b (new)
54b. Stresses that a European standard generally replaces 28 national standards, thereby underpinning the single market and cutting down on bureaucracy;
Amendment 13 #
2016/2009(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission proposal regarding EU accession to the Council of Europe's Istanbul Convention3a , __________________ 3a COM(2016) 111 final, COM(2016) 109
Amendment 14 #
2016/2009(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the Commission roadmap on possible EU accession to the Istanbul Convention in October 2015,
Amendment 20 #
2016/2009(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the package of directives on Procedural Defence Rights in the EU,
Amendment 22 #
2016/2009(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to the Data Protection Package adopted in December 2015,
Amendment 23 #
2016/2009(INI)
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
- having regard to the Regulation establishing a European Border and Coast Guard6a , __________________ 6a 2015/0310 (COD)
Amendment 24 #
2016/2009(INI)
Motion for a resolution
Citation 20 c (new)
Citation 20 c (new)
- having regard to the Asylum Procedures Directive,
Amendment 25 #
2016/2009(INI)
Motion for a resolution
Citation 20 d (new)
Citation 20 d (new)
Amendment 26 #
2016/2009(INI)
Motion for a resolution
Citation 20 e (new)
Citation 20 e (new)
- having regard to Directive on the right to interpretation and translation in criminal proceedings8a , __________________ 8a 2010/64/EU
Amendment 27 #
2016/2009(INI)
Motion for a resolution
Citation 20 f (new)
Citation 20 f (new)
- having regard to the Commission Communication "A new EU Framework to Strengthen the Rule of Law"9a , __________________ 9a COM(2014)158 final
Amendment 28 #
2016/2009(INI)
Motion for a resolution
Citation 20 g (new)
Citation 20 g (new)
- having regard to the Commission Recommendation of 27 July 2016 regarding the rule of law in Poland11a , __________________ 11a C(2016) 5703 final
Amendment 29 #
2016/2009(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the Council conclusions of 15 June 2011 on early childhood education and care: providing all our children with the best start for the world of tomorrow12a, __________________ 12a OJ C 175, 15.6.2011, p. 8.
Amendment 31 #
2016/2009(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
- having regard to the Council conclusions of 19 June 2015 on equal income opportunities for women and men: Closing the gender gap in pensions,
Amendment 32 #
2016/2009(INI)
Motion for a resolution
Citation 21 c (new)
Citation 21 c (new)
- having regard to the European Pact for gender equality for the period 2011-2020 adopted by the Council conclusions of 7 March 2011,
Amendment 34 #
2016/2009(INI)
Motion for a resolution
Citation 21 e (new)
Citation 21 e (new)
- having regard to the Presidency conclusions of the Barcelona European Council of 15 and 16 March 2002,
Amendment 34 #
2016/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes note ofEndorses the activation by the Commission for the first time ever of the new Framework to strengthen the Rule of Law; recommends a thorough evaluation of its functioning and results with a view to improving its effectiveness if necessary;
Amendment 35 #
2016/2009(INI)
Motion for a resolution
Citation 21 f (new)
Citation 21 f (new)
- having regard to the Council conclusions on LGBTI equality, adopted in on 16 June 2016,
Amendment 36 #
2016/2009(INI)
Motion for a resolution
Citation 21 g (new)
Citation 21 g (new)
- having regard to the Council conclusions on the Action Plan on Human Rights and Democracy 2015 - 2019, Foreign Affairs Council, 20 July 2015,
Amendment 37 #
2016/2009(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the Commission Communication 'Towards the elimination of female genital mutilation',
Amendment 41 #
2016/2009(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
- having regard to the European Court of Justice decision C-528/13 in the 'Leger case',
Amendment 42 #
2016/2009(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
- having regard to the European Agenda on Migration14a, __________________ 14a COM 2015 240
Amendment 43 #
2016/2009(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
Amendment 44 #
2016/2009(INI)
Motion for a resolution
Citation 27 c (new)
Citation 27 c (new)
- having regard to the 'Declaration on promoting citizenship and the common values of freedom, tolerance and non- discrimination through education' (Paris Declaration),
Amendment 45 #
2016/2009(INI)
Motion for a resolution
Citation 27 d (new)
Citation 27 d (new)
- having regard to the Europe 2020 strategy, specifically its targets on poverty and social exclusion,
Amendment 46 #
2016/2009(INI)
Motion for a resolution
Citation 27 e (new)
Citation 27 e (new)
- having regard to the Council guidelines adopted in Luxembourg on 24 June 2013 to promote and protect the enjoyment of all human rights by LGBTI persons in relations with third countries,
Amendment 47 #
2016/2009(INI)
Motion for a resolution
Citation 27 f (new)
Citation 27 f (new)
- having regard to the European Commission's "List of Actions to advance LGBTI Equality" adopted in December 2015,
Amendment 58 #
2016/2009(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
- having regard to its resolution on poverty with a gender perspective14a, __________________ 14a P8_TA(2016)0235
Amendment 65 #
2016/2009(INI)
Motion for a resolution
Citation 39 a (new)
Citation 39 a (new)
- having regard to its resolution of 12 May 2016 on implementation of the Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims from a gender perspective15a, __________________ 15a P8_TA(2016)0227
Amendment 66 #
2016/2009(INI)
Motion for a resolution
Citation 39 a (new)
Citation 39 a (new)
- having regard to its resolution of 21 May 2013 on the EU Charter: standard settings for media freedom across the EU,
Amendment 67 #
2016/2009(INI)
Motion for a resolution
Citation 39 b (new)
Citation 39 b (new)
- having regard to its resolution of 3 February 2016 on the new Strategy for Women's Rights and Gender Equality in Europe post-201516a , __________________ 16a P8_TA(2015)0218
Amendment 68 #
2016/2009(INI)
Motion for a resolution
Citation 39 c (new)
Citation 39 c (new)
- having regard to its resolution of 13 September 2016 on creating labour market conditions favourable for work- life balance,
Amendment 69 #
2016/2009(INI)
Motion for a resolution
Citation 39 d (new)
Citation 39 d (new)
- having regard to its resolutions on the situation in Hungary and Poland,
Amendment 71 #
2016/2009(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
- having regard to the draft report with recommendations to the Commission on Establishment of an EU mechanism on democracy, the rule of law and fundamental rights17a, __________________ 17a PE 576.988v01-00
Amendment 74 #
2016/2009(INI)
Motion for a resolution
Citation 42 a (new)
Citation 42 a (new)
- having regard to the European Union Agency for Fundamental Rights' survey 'Antisemitism - Overview of data available in the European Union 2004- 2015,
Amendment 76 #
2016/2009(INI)
Motion for a resolution
Citation 42 b (new)
Citation 42 b (new)
Amendment 78 #
2016/2009(INI)
Motion for a resolution
Citation 42 c (new)
Citation 42 c (new)
Amendment 79 #
2016/2009(INI)
Motion for a resolution
Citation 42 d (new)
Citation 42 d (new)
- having regard to the European Union Agency for Fundamental Rights' report "Being Trans in the EU Comparative analysis of the EU LGBT survey data" (2014), to its report on the Fundamental Rights Situation of Intersex people (2015) and to its report "Professionally speaking: challenges to achieving equality for LGBT people" (2016),
Amendment 80 #
2016/2009(INI)
Motion for a resolution
Citation 42 e (new)
Citation 42 e (new)
- having regard to the European Union Agency for Fundamental Rights' report 'Violence against women: An EU- wide survey',
Amendment 81 #
2016/2009(INI)
Motion for a resolution
Citation 42 f (new)
Citation 42 f (new)
- having regard to the European Union Agency for Fundamental Rights' EU-MIDIS surveys and survey on Roma,
Amendment 82 #
2016/2009(INI)
Motion for a resolution
Citation 42 g (new)
Citation 42 g (new)
- having regard to the European Institute for Gender Equality's 2015 Gender Equality Index and its 2015 report entitled 'Reconciliation of work, family and private life in the European Union: Policy review,
Amendment 83 #
2016/2009(INI)
Motion for a resolution
Citation 42 h (new)
Citation 42 h (new)
- having regard to the European Institute for Gender Equality's 'Study to identify and map existing data and resources on sexual violence against women in the EU',
Amendment 84 #
2016/2009(INI)
Motion for a resolution
Citation 42 i (new)
Citation 42 i (new)
- having regard to the 2016 EUROPOL situation report on Trafficking in human beings in the EU20a , __________________ 20a https://www.europol.europa.eu/content/tra fficking-human-beings-eu
Amendment 85 #
2016/2009(INI)
Motion for a resolution
Citation 42 j (new)
Citation 42 j (new)
- having regard to the Eurobarometer survey entitled 'Discrimination in the EU in 2015',
Amendment 87 #
2016/2009(INI)
Motion for a resolution
Citation 42 l (new)
Citation 42 l (new)
- having regard to the studies of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) entitled ‘Working time and work-life balance in a life course perspective’ (2013), ‘Caring for children and dependants: Effect on careers of young workers’ (2013), and ‘Working and caring: Reconciliation measures in times of demographic change’ (2015) and to the Sixth European Working Conditions Survey (EWCS) (2016),
Amendment 88 #
2016/2009(INI)
Motion for a resolution
Citation 42 m (new)
Citation 42 m (new)
- having regard to the Decision of the European Ombudsman closing her own-initiative inquiry OI/8/2014/AN concerning the European Commission,
Amendment 89 #
2016/2009(INI)
Motion for a resolution
Citation 42 n (new)
Citation 42 n (new)
- having regard to the European Parliamentary Research Service study of May 2015 entitled ‘Gender equality in employment and occupation – Directive 2006/54/EC, European Implementation Assessment,
Amendment 90 #
2016/2009(INI)
Motion for a resolution
Citation 42 o (new)
Citation 42 o (new)
- having regard to the study by Parliament's Directorate-General for Internal Policies of the Union entitled ‘Discrimination Generated by the Intersection of Gender and Disability’,
Amendment 91 #
2016/2009(INI)
Motion for a resolution
Citation 42 p (new)
Citation 42 p (new)
- having regard to the European Parliament Research Service study 'Poverty in the European Union - The crisis and its aftermath'21a , __________________ 21a http://www.europarl.europa.eu/RegData/e tudes/IDAN/2016/579099/EPRS_IDA%28 2016%29579099_EN.pdf
Amendment 92 #
2016/2009(INI)
Motion for a resolution
Citation 43 a (new)
Citation 43 a (new)
- having regard to the Concluding Observations adopted in October 2015 of the UNCRPD Committee,
Amendment 93 #
2016/2009(INI)
Motion for a resolution
Citation 43 b (new)
Citation 43 b (new)
- having regard to the Agreed Conclusions of 24 March 2016 of the United Nations Commission on the Status of Women, 60th session, in particular (e)– (g),
Amendment 96 #
2016/2009(INI)
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
- having regard to the Commission communication entitled ‘Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020’ and its Recommendation on ‘Investing in children: breaking the cycle of disadvantage’ of 20 February 2013,
Amendment 98 #
2016/2009(INI)
Motion for a resolution
Citation 46 b (new)
Citation 46 b (new)
- having regard to the Commission communication on a new EU Framework to strengthen the Rule of Law (COM(2014)0158) and the Council conclusions of 16 December 2014 entitled ‘Ensuring respect for the Rule of Law’,
Amendment 99 #
2016/2009(INI)
Motion for a resolution
Citation 46 c (new)
Citation 46 c (new)
- having regard to the Commission progress report on the Barcelona objectives of 29 May 2013 entitled ‘The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’ (COM(2013)0322),
Amendment 100 #
2016/2009(INI)
Motion for a resolution
Citation 46 d (new)
Citation 46 d (new)
- having regard to the Commission's staff working document ‘The Strategic engagement for gender equality 2016- 2019’,
Amendment 101 #
2016/2009(INI)
Motion for a resolution
Citation 46 e (new)
Citation 46 e (new)
- having regard to the Commission’s 2015 report on equality between women and men in the European Union (SWD(2016)0054),
Amendment 102 #
2016/2009(INI)
Motion for a resolution
Citation 46 f (new)
Citation 46 f (new)
- having regard to ‘EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity’ adopted on 4 February 201422a , __________________ 22a A7-0009/0062
Amendment 103 #
2016/2009(INI)
Motion for a resolution
Citation 46 g (new)
Citation 46 g (new)
- having regard to the ‘Trade for All’ Strategy adopted by the Commission in October 2015,
Amendment 104 #
2016/2009(INI)
Motion for a resolution
Citation 46 h (new)
Citation 46 h (new)
- having regard to the conclusions of the 2015 Annual Colloquium on Fundamental Rights, which debated ‘Tolerance and respect: preventing and combating Antisemitic and anti-Muslim hatred in Europe’,
Amendment 105 #
2016/2009(INI)
Motion for a resolution
Citation 46 i (new)
Citation 46 i (new)
- having regard to the results to public consultation - 2016 Annual Colloquium on Fundamental Rights on ‘Media Pluralism and Democracy’,
Amendment 106 #
2016/2009(INI)
Motion for a resolution
Citation 46 j (new)
Citation 46 j (new)
- having regard to the opinion of the Committee on Women's Rights and Gender Equality23a , __________________ 23a PE 585.437v02-00
Amendment 107 #
2016/2009(INI)
Motion for a resolution
Citation 46 k (new)
Citation 46 k (new)
- having regard to the hearing on Fundamental Rights of the Committee on Civil Liberties, Justice and Home Affairs, held on 16 June 2016,
Amendment 119 #
2016/2009(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas respecting the rule of law is a prerequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligations deriving from the Treaties and from international law;
Amendment 123 #
2016/2009(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas, under Article 6 TEU, the EU has a responsibility to uphold and enforce fundamental rights in any action it takes, regardless of its powers in the area concerned;
Amendment 124 #
2016/2009(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-Ac. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establish an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU);
Amendment 125 #
2016/2009(INI)
Motion for a resolution
Recital -A d (new)
Recital -A d (new)
-Ad. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 126 #
2016/2009(INI)
Motion for a resolution
Recital -A e (new)
Recital -A e (new)
-Ae. whereas it is essential that in all measures undertaken by the Member States and the EU in the fight against terrorism and radicalisation fundamental rights and civil liberties are respected, namely the right to private life, the right to security, the right to data protection, the presumption of innocence, the right to a fair trial and due process, freedom of expression and freedom of religion; whereas the security of European citizens must preserve their rights and liberties; whereas, indeed, these two principles are two sides of the same coin;
Amendment 127 #
2016/2009(INI)
Motion for a resolution
Recital -A f (new)
Recital -A f (new)
-Af. whereas the elimination of the death penalty is a direct manifestation of the common values shared by the European Union Member States;
Amendment 128 #
2016/2009(INI)
Motion for a resolution
Recital -A g (new)
Recital -A g (new)
-Ag. whereas facing today's challenges it is vital to uphold the EU's common values of democracy, fundamental rights and the rule of law;
Amendment 129 #
2016/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas migration is an unavoidable partthe right to asylum is guaranteed under the 1951 Convention ofn the EU’s future and one of the biggest challenges of our times, as it appeals to the EU’s international humanitarian responsibilities and forms a key element for demographic reasons; Status of Refugees (Geneva Convention) and the protocol of 31 January 1967, as well as by the Charter and the EU has clear international humanitarian responsibilities; whereas migration is a part of the EU's future and one of the challenges of our times and requires a forward-looking solution both in terms of the short- and medium-term crisis management and long-term policies for integration and social inclusion;
Amendment 141 #
2016/2009(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas ensuring the right to a fair trial is an integral part of the Asylum Procedures Directive, including the right to an effective remedy;
Amendment 143 #
2016/2009(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the right to interpretation and translation laid down in Directive 2010/64/EU is a right for all, including asylum-seekers;
Amendment 146 #
2016/2009(INI)
Motion for a resolution
Recital B
Recital B
B. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas it is necessary to have adequate tools in place to protect EU citizens and residents and to respond properly to such violations; whereas all security measures must respect fundamental rights and the rule of law, and comply with the principles of necessity, proportionality and legality, with appropriate safeguards to ensure accountability and judicial redress; whereas full compliance of security measures with fundamental rights is laid down among the principles of the European Agenda for Security;
Amendment 157 #
2016/2009(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the murder of eight journalists at the offices of the satirical magazine ‘Charlie Hebdo’ on 7 January 2015 represented an attempt to strike against media freedom and freedom of the arts in the EU;
Amendment 159 #
2016/2009(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas security and respect for fundamental rights are not conflicting aims, but complementary policy objectives;
Amendment 160 #
2016/2009(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas freedom of the press and freedom of opinion are fundamental freedoms and whereas diverse and independent media have a crucial function in shaping opinion and popular will in democratic societies, as they enable everyone to exercise their right to information;
Amendment 161 #
2016/2009(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas it is essential to protect the fundamental rights to privacy and protection of personal data;
Amendment 162 #
2016/2009(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas legislation giving public authorities general access to the content of electronic communications is compromising the fundamental right to respect for private life;
Amendment 163 #
2016/2009(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas EU and Member State responses to extremism must not lead to the stigmatisation of any group or community, including religious communities, but rather draw on common European values of tolerance, diversity and mutual respect;
Amendment 164 #
2016/2009(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas the best way to address root causes of extremism is through education, youth participation, interfaith and intercultural dialogue, and employment and social inclusion;
Amendment 173 #
2016/2009(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas trafficking in human beings harms human dignity and physical and psychological integrity; whereas it first and foremost affects the victims of trafficking, but it also has a vast impact on society overall;
Amendment 176 #
2016/2009(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas differences between the legislation of Member States greatly facilitate the activities of organised crime groups involved in trafficking in human beings24a ; __________________ 24a2016 EUROPOL situation report on Trafficking in human beings in the EU
Amendment 178 #
2016/2009(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas 70% of the identified victims and suspects of human trafficking in the EU are EU nationals25a ; __________________ 25a2016 EUROPOL situation report on Trafficking in human beings in the EU
Amendment 179 #
2016/2009(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas women and girls make up 80% of registered victims of trafficking in human beings, and this can be attributed partly to structural violence and discrimination against women and girls26a; __________________ 26aEurostat report, ‘Trafficking in human beings’, 2015 edition
Amendment 180 #
2016/2009(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas minority groups, such as Roma people, make up a disproportionate number of victims of trafficking in human beings as a result of being socially and economically marginalised;
Amendment 181 #
2016/2009(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
Df. whereas victims of human trafficking often lack information about their rights and how to effectively exercise them;
Amendment 182 #
2016/2009(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
Dg. whereas media pluralism, including media independence, media regulation and journalistic freedom are essential parts of freedom of speech;
Amendment 183 #
2016/2009(INI)
Motion for a resolution
Recital D h (new)
Recital D h (new)
Dh. whereas the Commission's public consultation between July and September 2015 regarding the EU'S Audiovisual Media Services Directive has identified a number of issues relating to fundamental rights, including the prohibition of hate speech and discrimination and strengthening media freedom and pluralism, access to information and accessibility to content for people with disabilities;
Amendment 184 #
2016/2009(INI)
Motion for a resolution
Recital D i (new)
Recital D i (new)
Di. whereas 50% of Europeans believe discrimination based on religion or beliefs is wide-spread;
Amendment 185 #
2016/2009(INI)
Motion for a resolution
Recital D j (new)
Recital D j (new)
Dj. whereas Muslims suffer from the lowest levels of social acceptance among religious groups26a ; __________________ Eurobarometer ’Discrimination in the 26a EU in 2015’
Amendment 186 #
2016/2009(INI)
Motion for a resolution
Recital D k (new)
Recital D k (new)
Dk. whereas the FRA's survey on discrimination and hate crime against Jews shows rising anti-Semitism in Europe27a ; __________________ 27aEU Fundamental Rights Agency survey ‘Antisemitism - Overview of data available in the European Union 2004- 2015
Amendment 187 #
2016/2009(INI)
Motion for a resolution
Recital D l (new)
Recital D l (new)
Dl. whereas Jewish communities are the target of terrorist and anti-Semitic attacks, leading to an increasing perception of insecurity and fear within those communities in Europe;
Amendment 188 #
2016/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas discrimination, racism, xenophobia, hate speech and hate crime motivated by racism, xenophobia, or bias against a person's religion or belief, age, disability, sexual orientation or gender identity threaten the values of the EU and its Member States; whereas there is an increase in hate speech among political forces and increasing xenophobia and other bias in important sectors of the population; whereas fighting discrimination, racism and xenophobia is crucial to respect European values of tolerance, diversity and mutual respect;
Amendment 195 #
2016/2009(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the prevention and combating of racism and xenophobia is primarily a local endeavour and requires full ownership both of the communities concerned and of society at large;
Amendment 197 #
2016/2009(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas equality between men and women is a fundamental principle of the European Union, and Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas;
Amendment 198 #
2016/2009(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas sexual and reproductive health and rights are grounded in basic human rights; whereas the denial of life- saving sexual and reproductive health services, among which safe abortion amounts to a serious breach of human rights;
Amendment 207 #
2016/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas violence against womengender-based violence is still often ‘silently’ tolerated in many places and a zero tolerance approach is necessary;
Amendment 209 #
2016/2009(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas under-reporting gender- based violence is excessive due to the lack of trust of victims in the authorities to appropriately handle their cases and diligently prosecute the perpetrators;
Amendment 210 #
2016/2009(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas secondary and repeat victimisation and intimidation during court proceedings is common for victims of gender-based violence;
Amendment 211 #
2016/2009(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas LGBTI rights are basic human rights: according to international human rights standards, every nation is obliged to protect all lesbian, gay, bi- sexual, trans and intersex people (LGBTI) from torture, discrimination and violence;
Amendment 216 #
2016/2009(INI)
Motion for a resolution
Recital H
Recital H
H. whereas children are the future of our society and we are responsible for their present; whereas education is one of the best ways to impart values such as peace, tolerance, equality, justice and respect for human drignityhts via formal, non-formal and informal education methods;
Amendment 219 #
2016/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas live-streaming of child sexual abuse is no longer an emerging new trend, but an established reality; whereas children are at risk of harm through online grooming and solicitation for sexual purposes, which in the most serious cases can turn into sexual coercion and not enough is done to prevent child sexual abuse trough sexuality education programmes;
Amendment 235 #
2016/2009(INI)
Motion for a resolution
Recital M
Recital M
Amendment 248 #
2016/2009(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the FRA’'s 2016 Fundamental Rights report found that discrimination and anti-Ggypsyism continue to pose challenges to effective Roma integration; whereas, according to the 2015 Eurobarometer survey on discrimination, ethnic origin is considered to be the most prevalent ground of discrimination;
Amendment 251 #
2016/2009(INI)
Motion for a resolution
Recital O
Recital O
O. whereas many persons of Roma origin in Europe faceRoma people in Europe, individually and as a group, face antigypsyism, systematic prejudice, intolerance, discrimination and social exclusion in their daily lives; whereas segregation of Roma children in schooling remains a persistent problem in some Member States;
Amendment 257 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas freedom to operate for civil society groups are central to democracy, the rule of law and fundamental rights; whereas this freedom has been jeopardised by the adoption of laws or by direct intervention by the authorities in a number of Member States;
Amendment 260 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
Amendment 266 #
2016/2009(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas according to the 'Trade for All' strategy adopted by the Commission in October 2015, fundamental rights should be respected in the EU and non-EU countries;
Amendment 284 #
2016/2009(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that human dignity is inviolable and must be respected and protected as the basis of all fundamental rights; calls for awareness-raising amongst EU citizens on the inherent dignity of all persons in order to achieve a more sensitive and inclusive society;
Amendment 295 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that the reintroduction of the death penalty is contrary to the EU’s fundamental values;
Amendment 296 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates that Member States shall respect and protect the human dignity of all migrants, including in relation to border management and asylum procedures; calls on the Commission and Member States to reinforce cooperation and resources to save lives of migrants at sea in accordance with the respect of the right to life; welcomes the fact that the recently adopted European Border and Coast Guard proposal foresees a specific mandate for the Agency to support search and rescue operations; recalls that rules related to asylum seekers’ and refugees’ reception conditions must not deprive them of their fundamental rights to a dignified standard of living and to physical and mental health;
Amendment 303 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes with concern that there are still huge efforts needed to achieve the Europe 2020 strategy’s targets on poverty and social exclusion, while poverty and social exclusion inherently prevent individuals to live their lives in dignity; calls on Member States to find the right mix of policies, including employment activation and training and adequate systems of income support, as well as access to high quality services and to education;
Amendment 310 #
2016/2009(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Rule of law, democracy and fundamental rights
Amendment 311 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation, public policies and their implementation;
Amendment 312 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls on the Commission to make provisions for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the institutions of the European Union, like the Commission and FRA, the Council of Europe, the United Nations and civil society organisations, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and dialogue;
Amendment 313 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Urges the Commission to systematically prepare specific fundamental rights impact assessments for its upcoming proposals; reiterates that the full range of sources for fundamental rights should be taken into consideration, as fundamental rights provisions are not limited to the Charter;
Amendment 314 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Urges the Commission to provide clear indicators in order to assess the enforcement and respect of fundamental rights, and to trigger alert mechanisms in the case of violations. Such indicators could take the form of a fundamental rights scoreboard, possibly as an extension of the scope of the EU Justice Scoreboard, which should also cover the assessment of criminal justice systems; indicators should include clear data collection mechanisms, including equality data collection disaggregated according to the different discrimination grounds;
Amendment 315 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Urges the Commission and Member States to find a way to make better use of the expertise of the Council of Europe and set up a formal channel of cooperation in matters relating to the rule of law and fundamental rights and create stronger synergies between the institutions;
Amendment 316 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 j (new)
Paragraph 1 j (new)
1j. Welcomes the fact that the Council holds regular debates on the rule of law; considers, however, that such debates are not the most effective ways to resolve any non-compliance with the fundamental values of the European Union; regrets the fact that the Commission and the Council initiatives on Rule of Law are disconnected from each other; regrets the fact that Parliament is neither informed nor involved into the organisation of these debates; calls on the Council to base its debates on the results of annual and specific reports of the European Commission, the European Parliament, the Fundamental Rights Agency, civil society, the Council of Europe and its Venice Commission and other parties involved, institutional and otherwise;
Amendment 317 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 k (new)
Paragraph 1 k (new)
1k. Calls on the EU institutions and Member States to find common ground on the precise content of the principles and standards stemming from the rule of law that vary at national level and to consider the already existing definition of the rule of law of the European Court of Justice as a starting point for debate; recalls that this definition includes legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law;
Amendment 318 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 l (new)
Paragraph 1 l (new)
1l. Calls on the Commission to ensure that all Member State actions, which are funded under the EU cohesion policy, respect fundamental rights’ principles; reiterates that the Commission should not allow itself to finance, with EU money, actions which are not in line with the highest values of the Union, that is to say, the rights, freedoms and principles recognised by the Charter;
Amendment 319 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 m (new)
Paragraph 1 m (new)
1m. Stresses that corruption represents a serious fundamental rights violation; notes that in certain Member States it affects the highest levels of government and can be deemed as an institutionalised form of corruption; calls on the Member States and institutions to devise effective instruments for combating and sanctioning corruption and to monitor regularly the use of public funds, be they European or national;
Amendment 320 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 n (new)
Paragraph 1 n (new)
1n. Calls on the Commission and the Member States to ensure that any new initiatives, as well as the European Semester fully integrates fundamental rights aspects;
Amendment 323 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 o (new)
Paragraph 1 o (new)
1o. Calls on all Member States, EU Institutions and Agencies to fully respect the Charter of Fundamental Rights of the European Union, the 1951 Geneva Refugee Convention and its 1967 Protocol during the border guard actions and asylum proceedings; urges the Commission as the guardian of the Treaties to closely monitor and effectively respond to any abuse of these laws;
Amendment 326 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 p (new)
Paragraph 1 p (new)
1p. Reiterates the importance of effective and early identification of, safeguards and adequate assistance to vulnerable groups of asylum seekers, including unaccompanied minors, victims of trauma or torture, gender or sexual orientation related persecution, serious human right violations and victims of trafficking in the reception, asylum and integration processes; urges Member States, EU Institutions and Agencies to develop effective measures to protect these vulnerable groups; urges Member States to provide them with prompt access to adapted reception conditions and the provision of procedural guarantees; calls on the Commission to monitor closely the implementation of Directive 2013/32/EU on Asylum Qualification, with particular attention to those asylum seekers with special needs;
Amendment 330 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 q (new)
Paragraph 1 q (new)
1q. Reiterates the need to ensure that irregular migrants are granted the right to an effective remedy in the event of violations of their rights;
Amendment 331 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 r (new)
Paragraph 1 r (new)
1r. Welcomes the fundamental rights safeguards built in the European Border and Coast Guard Agency proposal, including the establishment of the fundamental rights officer position, the complaint mechanism and the Agency’s enhanced role in search and rescue operations at sea;
Amendment 332 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 s (new)
Paragraph 1 s (new)
1s. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum seekers in numerous Member States;
Amendment 333 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 t (new)
Paragraph 1 t (new)
1t. Calls on the Member States to ensure that women victims of gender- based persecution or harm, torture, rape, or other serious forms of psychological, physical or sexual violence have genuine access to international protection and to provide them with appropriate treatment and support, in line with internal rules and international obligations applicable to victims of violence such as the UN Convention against torture and the Istanbul Convention; calls on the Member States to follow the Commission guidelines for the implementation of Directive 2003/86/EC on the right to family reunification, including the immediate issue of a residence permit valid in its own right to family members who have entered for reasons of family reunification when there are particularly difficult circumstances, such as domestic violence;
Amendment 334 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 u (new)
Paragraph 1 u (new)
1u. Recalls that the right to a fair trial is an integral part of the Asylum Procedures Directive, including the right to an effective remedy; calls on Member States to observe this right and provide for all procedural guarantees and access to justice for asylum-seekers; recalls that the right to interpretation and translation in criminal proceedings is regulated by the Directive on the right to interpretation and translation in criminal proceedings (Directive 2010/64/EU)); calls on Member States to respect procedural guarantees also in case of asylum-seekers;
Amendment 335 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 v (new)
Paragraph 1 v (new)
1v. Calls on Member States to their legal obligation to recognise sexual orientation and gender identity as valid grounds for fear and provide adequate training for asylum professionals (such as interviewers and interpreters) in order to identify grounds for asylum that are specific to LGBTI persons;
Amendment 336 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 w (new)
Paragraph 1 w (new)
1w. Urges Member States to make sure that they are capable of recognising the need of special procedural and reception guarantees based on applicants' personal characteristics;
Amendment 337 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 x (new)
Paragraph 1 x (new)
1x. Urges Member States to ensure that the complexity of LGBTI-related claims are properly taken into account in procedures based on the concept of safe third country, the concept of safe country of origin, the concept of first country of asylum or the notion of subsequent applications, including a thorough assessment taking into account the general situation of LGBTI persons in the third countries concerned;
Amendment 348 #
2016/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the social inclusion and cultural integration of refugees in the host society is a dynamic, two-dimensional process (involving rights and duties),complex process which representings a challenge and an opportunity that requires responsibilities and efforts both by the refugees and by the Member States, their local and regional administrations and host communities;
Amendment 371 #
2016/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to apply cultural, political and social inclusion policies as swiftly as possible and with adequate dedicated resources; recalls that social inclusion policies must engage local, regional and national institutions and should focus on both individuals rather than onand groups or communities, as this can lead to to avoid segregation;
Amendment 388 #
2016/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that intercultural and inter-religious tolerance needs to be promoted via constant efforts and extensive dialogue and that the crisis arising from the waves of migration cannot be tackled without the involvement of all relevant state and non-state actors, including churches and religious organisations;
Amendment 418 #
2016/2009(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 429 #
2016/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission initiatives to strengthen security cooperation between Member States and fully supports all proposed measures to pave the way towards an effective Security Union, in particular the directive on combatting terrorism, which, while upholding fundamental rights, should pave the way towards an effective Security Union;
Amendment 435 #
2016/2009(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses its concern about the adoption of national legislation by Member States allowing for blanket mass surveillance, and reiterates the need for security instruments that are targeted, strictly necessary and proportionate in a democratic society;
Amendment 438 #
2016/2009(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls that freedom of expression, information and the media is fundamental to ensuring democracy and the rule of law; strongly condemns violence, pressure and threats against journalists and the media, including in relation to the disclosure of their sources and information about breaches of fundamental rights by governments and states; calls on Member States to refrain from any measures that constrain freedom of the media, communication and information; calls on the Commission to focus to a greater extent, during the accession negotiations process, on compliance with those fundamental rights;
Amendment 442 #
2016/2009(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Is concerned at the growing hostility towards journalists and media outlets, particularly when journalists become hate figures for political, religious and/or terrorist movements; calls on Member States to provide journalists and media outlets with appropriate protection and to take the necessary action, unambivalently and with the legal means at their disposal, against attacks on journalists by political and religious groups;
Amendment 443 #
2016/2009(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Reiterates its call on the EU and its Member States to set up a whistleblower protection scheme and to provide statutory safeguards for journalists’ sources;
Amendment 448 #
2016/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that radicalisation of individuals can first and foremost be prevented by integration measures and by realising an open and inclusive society for all, not solely by law enforcement measures; believes that a European early warning and responsive system should be set up to identify groups that are at high risk of radicalisation; calls on the EU and the Member States to make greater efforts to prevent radicalisation via the Internet and social media, in particular among young people, andwhile ensuring that measures taken in this regard are not in contradiction of fundamental principles relating to freedom of expression, in particular including freedom of the press and the freedom of expression in other media; calls on the EU and the Member States to make greater efforts to assist the families of those who are at risk; encourages Member States to exchange best practices and to use intelligence- sharing mechanisms in order to fight terrorist networks efficiently;
Amendment 458 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is concerned that citizens are not fully aware of their right to data protection and privacy and of the channels of legal redress available to them; underlines in this respect the role of the national data protection authorities in upholding these rights and raising awareness of them; considers it essential to familiarise the public, in particular children, with the importance of personal data protection, including in cyberspace, and the dangers to which they are exposed; calls on Member States to expand their efforts as regards new-media literacy and to make that an integral component of school curricula so that children, at an early age, can handle both content and their personal data independently and critically; stresses that, in the light of rapid technology developments and increasing cyber- attacks, special attention needs to be given to the protection of personal data on the internet, with a strong focus on the security of processing and storing;
Amendment 462 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission and Member States to ensure that all measures undertaken in the fight against terrorism and radicalisation are in full respect of the principles of democracy, the rule of law and fundamental rights, especially the right to a legal defence, the presumption of innocence, the right to a fair trial, and the right to respect for privacy and protection of personal data;
Amendment 468 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls that Member States must ensure that their intelligence services operate in a lawful manner and in full compliance with the Treaties and the Charter;
Amendment 472 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Deplores the pressure placed on private companies by both public and private bodies to hand over internet users' data;
Amendment 494 #
2016/2009(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that data collection on child trafficking should be based on a common definition of this crime phenomenon; recalls that some Member States consider child trafficking a separate form of exploitation and others include child victims with adults hindering the possibility of creating a comprehensive intelligence picture and of defining the best investigative responses at the EU level;
Amendment 501 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to recognise the longer time needed to recover from the harm of trafficking for purposes of sexual exploitation, as compared with the time needed to recover from other forms of trafficking, when deciding on limits to victim support; calls for protection measures offered to victims trafficked for sexual exploitation to be extended, in order to minimise harm, prevent re-trafficking and secondary victimisation and cater in every case for individual needs; underlines the importance for all Member States to recognise systematically the right to access to safe abortion services for female victims of trafficking in human beings whose pregnancy is a result of their exploitation; calls on the Member States to create easy-to-access healthcare services and after care for victims of trafficking in human beings;
Amendment 504 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Emphasises that the EU's legal and political framework recognises that trafficking is a gender-specific phenomenon, and calls on Member States to adopt gender-specific measures; recalls that Article 1 of the Directive stresses the need to adopt a gender-sensitive approach to trafficking in human beings; highlights that women and men, girls and boys are vulnerable in different ways, and are often trafficked for different purposes, and that prevention, assistance and support measures must therefore be gender-specific; points out, further, that the EU strategy identifies violence against women and gender inequalities as being among the root causes of trafficking, and lays down a series of measures to address the gender dimension of trafficking;
Amendment 506 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that the gender dimension must be consistently monitored in the implementation of EU anti-trafficking legislation, and urges the Commission to continue to monitor this in its assessment of Member States' compliance and implementation of the Directive 2011/36/EU; stresses that the cumulative effect of different types of discrimination on the grounds of sexual orientation or gender identity makes LGBTI persons particularly vulnerable to trafficking in human beings; calls on the Member States to address the unique needs of LGBTI persons; calls on the Commission to promote the exchange of best practices in this regard;
Amendment 507 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Regrets that Europol's capabilities are not fully utilised among Member State law enforcement authorities in order to increase information sharing with Europol so that links can be made between investigations in different Member States and a broader intelligence picture on the most threatening organised crime networks active in the EU can be drawn;
Amendment 508 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls for greater priority and resources to be given by Europol and national police forces to the prosecution of those facilitating human trafficking, paying special attention to raising awareness among police forces and the general public alike about new forms of human trafficking;
Amendment 509 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Calls on the Member States to actively include social partners, the private sector, trade unions and civil society, particularly NGOs working to combat trafficking and provide assistance to victims, in their initiatives to prevent trafficking in human beings, particularly in the field of labour exploitation, including as regards the identification of victims and awareness-raising activities;
Amendment 520 #
2016/2009(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Freedom of expression, conscience and religion
Amendment 521 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns violence and threats against journalists that still occur in several Member States; calls on Member States to diligently prosecute any threats to the freedom of media;
Amendment 522 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Commission to follow up on the conclusions of the public consultation on the EU's Audiovisual Services and review the Directive if necessary, especially as regards the issues identified relating to fundamental rights;
Amendment 524 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Recognises freedom of thought, conscience, religion, belief and non- belief, and freedom to practise the religion of one's choice and to change religion and freedom to manifest one's religion or belief, individually or in community with others, in public or private, through worship, observance, practice and teaching; condemns any form of discrimination on the grounds of religion or beliefs; calls on the Member States to protect freedom of religion or belief, including the freedom of those without a religion not to suffer discrimination as a result of excessive exemptions for religions from laws on equality and non- discrimination;
Amendment 526 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Deplores recent instances of anti- Semitic and anti-Muslim discrimination and violence; calls on the Member States, including regional authorities to protect with all available tools freedom of religion or belief and to promote tolerance and intercultural dialogue through effective policy making, enhancing anti- discrimination policies where needed;
Amendment 527 #
2016/2009(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 535 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Welcomes the Commission's intention to develop policy guidelines on anti-racism and diversity; urges the Commission for concrete progress in the EU anti-discrimination agenda;
Amendment 536 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12f. Strongly deplores that the Council has still not adopted the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this directive by the European Commission; and reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 537 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 g (new)
Paragraph 12 g (new)
12g. Calls on the Commission to review of European legislation against hate speech and hate crime expanding it to the grounds of religion, disability, sexual orientation and gender identity; in order to fully cover all forms of hate crimes and crimes committed with a bias or discriminatory motive related to the victims' personal characteristics, and to clearly define consistent investigation and prosecution standards;
Amendment 538 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 h (new)
Paragraph 12 h (new)
12h. Deplores the increase in incidents of discrimination, hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity against minority groups such as refugees, migrants, including EU citizens exercising their right for freedom of movement, Roma, LGBTI people; warns that these acts occur in the EU on a daily basis; urges Member States to investigate the cases and persecute the perpetrators to restore confidence that minorities should have in authorities and provide equal access to the justice system for all;
Amendment 541 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 i (new)
Paragraph 12 i (new)
12i. Calls on Member States to protect freedom of thought, conscience, religion or belief and to promote tolerance, as well as to ban any form of discrimination and exception from the law on grounds of individuals' personal choice of thought, conscience, religion or belief;
Amendment 542 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 j (new)
Paragraph 12 j (new)
12j. Calls on the Commission and Member States to intensify work on exchanging best practices and strengthen their cooperation to combat racism, xenophobia, homophobia, transphobia and other forms of intolerance, with full inclusion of civil society and community representative input, as well as guidance provided by the Fundamental Rights Agency and the relevant international organisations;
Amendment 544 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 k (new)
Paragraph 12 k (new)
12k. Calls on the EU and Member States to address internal human rights challenges, including discrimination against LGBTI people, and ensure that any discrimination based on sexual orientation or gender identity is prohibited, not only in the field of employment but also in all sectors of civil rights such as education, social security, health care, access to goods and services (including finance), housing, public procurement, business support, access to culture; calls on the Commission to start a dialogue with those Member States whose legislation does not cover homophobic and transphobic hate motives, aimed at filling the remaining legislative gaps;
Amendment 547 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 l (new)
Paragraph 12 l (new)
12l. Encourages the Commission, the Fundamental Rights Agency and CEPOL to deepen their work regarding the fight against homophobic and transphobic hate crime and hate speech;
Amendment 549 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 m (new)
Paragraph 12 m (new)
12m. Urges the EU and the Member States to mainstream social inclusion and non-discrimination measures in future internal security strategies;
Amendment 551 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 n (new)
Paragraph 12 n (new)
12n. Urges the EU and Member States to include multiple discrimination within equality policies;
Amendment 553 #
2016/2009(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s announcement of the Code of Conduct on countering illegal hate speech online's efforts to initiate a new dialogue on combating on anti-Semitism and anti- Muslim hatred and its announcement of the Code of Conduct on countering illegal hate speech online; urges the Commission and the Member States to ensure that measures taken in this regard are not in contradiction of fundamental principles relating to freedom of expression, in particular including freedom of the press and the freedom of expression in other media;
Amendment 560 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the EU and the Member States to start immediately the work to coordinate and strengthen policy responses to address anti-Semitic and anti-Muslim hatred, including the immediate implementation of the key actions identified by the first colloquium on the state of play of fundamental rights 'Tolerance and respect: preventing and combating anti-Semitic and anti-Muslim hatred in Europe';
Amendment 565 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Warns that the anti-Semitism is still a dangerous phenomenon in many Member States in both open and concealed forms; calls on Member States and EU institutions to monitor, publicise, condemn and penalise any anti-Semitic incidents, and develop effective measures on prevention;
Amendment 566 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Condemns any discrimination, stigmatisation and administrative harassment of Muslim communities and individuals; calls on Members States and EU institutions and agencies to develop a system to monitor this type of incidents and strictly enforce the related European and international human rights obligations on anti-discrimination;
Amendment 569 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Deplores that ethnic minorities continue to face widespread discrimination in law enforcement and judicial system as well as over-policing practices such as ethnic profiling and unequal treatment;
Amendment 577 #
2016/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on Member States to develop and disseminate tools and mechanisms for reporting hate crime and hate speech and to ensure that any case of alleged hate crime or hate speech is effectively investigated, prosecuted and tried in accordance with national law and, where relevant, in compliance with; calls on Member States to fully implement the Framework Decision on Racism and Xenophobia, European and international human rights obligations, as well asin accordance with the relevant ECtHR case law;
Amendment 594 #
2016/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EUCommission and the Member States to strengthen the role of human rights and intercultural education in national curricula as a tool for preventing racism and related intolerance, and calls for greater rights awareness;
Amendment 606 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the EU institutions and on the Member States to recognise that long-term investment in social inclusion is beneficial as it tackles the high cost of discrimination and inequality; calls on EU institutions and the Member States to ensure that access to justice and redressing discrimination are not put in danger by drastic funding cuts in equality bodies budgets; calls on EU and national institutions not to threaten social inclusion by budgetary measures threatening the survival of community- based organisations working for equality;
Amendment 610 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission and Member States to collect reliable and comparable equality data according to current data protection standards, in consultation with minority representatives, in order to measure inequalities and discrimination, disaggregated according to discrimination grounds, to monitor the impact of EU and Member States policies on them and to devise better policies to overcome those inequalities; calls on both institutions to define consistent equality data collection principles, based on self-identification, EU data protection standards and the consultation of the relevant communities;
Amendment 611 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Commission to address a recommendation to the Member States in order to support equality data collection in the EU;
Amendment 612 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the Commission to support training programmes for law enforcement and judicial authorities, and for the relevant EU agencies, in preventing and tackling discriminatory practices and hate crime; calls on the Member States to provide the authorities responsible for investigation and prosecution with practical tools and skills to enable them to identify and deal with the offences covered by the Framework Decision, and to interact and communicate with victims;
Amendment 613 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Calls on the Commission to ensure that all Member State actions, which are funded under the EU cohesion policy, respect fundamental rights' principles;
Amendment 614 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Calls on the Commission to monitor systemic complaints more thoroughly, and if necessary to conduct regular field visits to verify the reality of the reported information;
Amendment 615 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
15g. Highlights that discrimination on the basis of age is often combined with other forms of discrimination, such as discrimination on grounds of race and ethnicity, religion, disability, health or socio-economic conditions;
Amendment 617 #
Amendment 622 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 h (new)
Paragraph 15 h (new)
15h. Urges the EU and the Member States to combat and prosecute all forms of violence and discrimination against women; calls on the Member States in particular to deal effectively with the effects of domestic violence and sexual exploitation in all its forms, including that of refugees and migrant children, and early or forced marriage; calls on Member States to exchange best practices among each other and to provide regular trainings for police and judicial staff on new forms of violence against women, such as stalking, cyber-harassment or revenge porn;
Amendment 623 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 i (new)
Paragraph 15 i (new)
15i. Expresses concern about the extent and forms of violence against women in the EU, as documented by the FRA's EU-wide survey which showed that one in three women have experienced physical and/or sexual violence since the age of 15, and that an estimated 3,7 million women in the EU experience sexual violence over the period of one year;
Amendment 629 #
2016/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that improvements are still neededCalls therefore on the Commission and the Member States to review existing legislation and to keep the issue of violence against women high on the agenda, as gender-based violence should not be tolerated; regrets the fact that improvements to combat violence against women, andre made at an excessively slow pace; calls on the Member States and the EU to sign and ratify immediately the Istanbul Convention following the launch of the procedure by the Commission in March 2016;
Amendment 653 #
2016/2009(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges Member States to provide victims of gender-based violence with an adequate number of shelters and targeted and integrated support services, including trauma support and counselling; urges the Commission and the Member States to support the civil society organisations working with victims of gender-based violence in any way possible, including by regular financial support;
Amendment 657 #
2016/2009(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on Member States to provide the necessary sensitivity and other specialised trainings for police, judicial staff and judges to enable them to adequately deal with the issue of gender- based violence in order to avoid further trauma and re-victimisation during criminal proceedings;
Amendment 658 #
2016/2009(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on Member States to assist authorities in effectively identifying vulnerabilities and provide special protection services where necessary to victims of gender-based violence in line with the Victims' Rights Directive;
Amendment 660 #
2016/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 671 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on Member States to ensure respect for and safeguarding of women's sexual and reproductive health and rights; insists on the role of the Union in awareness-raising and promoting best practices on this issue, given that health is a fundamental human right essential to the exercise of other human rights; urges the Commission to include sexual and reproductive health and rights, as basic human rights, in its EU Health Strategy in order to ensure coherence between the EU's internal and external fundamental rights policy as called for by Parliament on 10 March 2015;
Amendment 683 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Recognises that the denial of a life-saving abortion amounts to a serious breach of fundamental rights;
Amendment 685 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Calls on the Member States, in liaison with the Commission, to recognise the right to access safe and modern contraceptives and sexuality education in schools; urges the Commission to complement national policies to improve public health, while keeping the European Parliament fully informed;
Amendment 686 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Is deeply concerned with the decision of local authorities in France to ban certain types of swimwear mostly worn by Muslim women and the comments made by politicians in other Member States in this regard; condemns institutionalising racial profiling and anti-Muslim sentiments in such way; calls on Member States and local governments to respect women's choices in terms of their attire and overturn such bans; calls on Member States to foster inter-cultural and inter-religious dialogues that are inclusive to hear the voices of all women in decisions impacting them;
Amendment 687 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Recalls that poverty in old age is especially concerning in the case of women, due to the continued gender pay gap resulting in the gender pension gap; calls on Member States to draw up appropriate policies to support elderly women and to eliminate the structural causes of gender differences in compensation;
Amendment 688 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18 f. Calls on the Commission to share Member States' best practices for addressing gender stereotypes at school;
Amendment 689 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18 g. Regrets that LGBTI persons experience widespread bullying and harassment that starts already at school, and suffer discrimination at work, housing, social services and access to other goods and services;
Amendment 690 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 h (new)
Paragraph 18 h (new)
18 h. Welcomes the Commission's launch of a broad communication campaign to fight stereotypes and improve the social acceptance of LGBTI in its List of Actions to advance LGBTI, also as a means to further promote initiatives in the Member States; calls on Member States to put special focus on homophobia in sports, young LGBTI and bullying at school;
Amendment 691 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 i (new)
Paragraph 18 i (new)
18 i. Calls on the European Commission to come up with an ambitious EU legislative agenda that ensures equal rights and opportunities for all citizens and a proper transposition and implementation of EU legislation relevant for LGBTI rights;
Amendment 692 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 j (new)
Paragraph 18 j (new)
18 j. Calls on the Commission to issue an action plan or strategy for equality on grounds of sexual orientation and gender identity, as repeatedly called for by Parliament and as was promised in the process of the Commission hearings, including legislative measures to fully implement ¬the Council of Europe Recommendation to member states on measures to combat discrimination on grounds of sexual orientation or gender identity ; urges the Commission to work in close cooperation with civil society organisations working for the rights of LGBTI persons;
Amendment 693 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 k (new)
Paragraph 18 k (new)
18 k. Calls on the Commission to review the Council Framework Decision on combatting certain forms and expressions of racism and xenophobia so that hate crimes and violence against LGBTI persons are also covered by this rule; urges the Commission to carefully monitor and enforce LGBTI-relevant legislative provisions, such as the Directive on Equal Treatment in Employment and Occupation and the Directives on Gender Equality in access to goods and services and employment, which also protect trans-gender people from discrimination (based on the EUCJ extension of the sex/gender characteristics), but also the Victims Right Directive; calls on the Commission to provide interpretation guidelines in order to make clear for national authorities that sexual identity is fully covered by the said legislation; calls on the Commission to use the tools available, including infringement procedures to enforce legislation relevant to LGBTI persons;
Amendment 694 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 l (new)
Paragraph 18 l (new)
18 l. Considers that the fundamental rights of LGBTI persons are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
Amendment 695 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 m (new)
Paragraph 18 m (new)
18 m. Recalls that the case-law of the European Court of Human Rights states that same sex-couples living in stable relationships are to be considered as "family" and cannot be excluded from rights granted to de facto cohabitants, including in cases of adoption;
Amendment 696 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 n (new)
Paragraph 18 n (new)
18 n. Deplores the fact that transgender people are still considered mentally ill in the majority of Member States and calls on respective states to review national mental health catalogues and to develop alternative stigma-free access models, ensuring that medically necessary treatment remains available for all trans people; deplores that today 13 Member States still impose requirements on transgender people such as medical intervention in order to have the changed gender recognized (including in passports and official identity documents) and forced sterilization as a condition for gender reassignment; notes that such requirements are clearly human rights violations; calls on the Commission to provide guidance to Member States on best models of legal gender recognition laws in Europe; calls on Member States to recognise the change of gender and provide access to quick, accessible and transparent legal gender recognition procedures without medical requirements, such as surgery or sterilization or psychiatric consent;
Amendment 697 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 o (new)
Paragraph 18 o (new)
18 o. Welcomes the initiative shown by the Commission in pushing for depathologisation of transgender identities in the review of the World Health Organisation's International Classification of Diseases (ICD); calls on the Commission to intensify efforts to prevent gender variance in childhood from becoming a new ICD diagnosis;
Amendment 698 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 p (new)
Paragraph 18 p (new)
18 p. Calls on the Commission to collect data on human rights violations faced by intersex people in all areas of life and provide guidance to Member States on best practices to protect the fundamental rights of intersex people;
Amendment 699 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 q (new)
Paragraph 18 q (new)
18 q. Regrets that genital 'normalisation' surgery for intersex children is still in practice in 21 Member States of the European Union despite not being medically necessary, even though medical procedures on children cause long-term psychological trauma for them; regrets that with this practice the majority of intersex persons cannot make decisions about their own lives; regrets that intersex persons still lack effective access to healthcare and have to live their lives under a strong social stigma; welcomes the fact that a few Member States have already adopted measures contributing to better protect the human rights of intersex people and calls on the Commission to encourage the exchange of good practices amongst member states in protecting intersex human rights;
Amendment 700 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 r (new)
Paragraph 18 r (new)
18 r. Calls on Member States to prohibit medical treatments without consent on intersex persons, including the genital normalising surgery on children; calls on Member States to conduct themselves in line with the self-determination principle when it comes to intersex persons;
Amendment 701 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 s (new)
Paragraph 18 s (new)
18 s. Calls on the Council to finally de- block the negotiations and adopt the proposed Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (Equal Treatment Directive);
Amendment 702 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 t (new)
Paragraph 18 t (new)
18 t. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects and free circulation of all civil status documents of all individuals, couples and families (including established through marriage and registered partnerships, legal sex changes and adoption and birth certificates) across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 704 #
Amendment 706 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 u (new)
Paragraph 18 u (new)
18 u. Welcomes the adoption by the Council of Europe of its Strategy for the Rights of the Child (2016-2021) and in particular its focus on the need to counter discrimination against children with disabilities, children affected by migration, Roma children and LGBT and intersex children;
Amendment 710 #
2016/2009(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes with concern that child poverty rates remain high in the EU; encourages Member States and the EU to launch programmes specifically targetreiterates that investing ing the well-being and healthy development of childrenof children and in lifting them out of poverty is not only a moral imperative, but a social and economic priority as well;
Amendment 716 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Commission to consider launching a Child Guarantee to combat child poverty and social exclusion; supports the inclusion of free access to healthcare, education, childcare facilities, adequate housing and quality nutrition in the Child Guarantee;
Amendment 737 #
2016/2009(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for child-friendly juvenile justice systems in which children understand their rights and their role when they are involved as victims, witnesses or alleged offenders; calls for the adoption of special measures in both criminal and civil proceedings to protect children from unnecessary stress, intimidation and repeated victimisation, including in the case of asylum-seeking children;
Amendment 742 #
2016/2009(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 744 #
2016/2009(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that child protection should be enhanced in the digital world in light of the increased instances of sexual violation, grooming and forced prostitution where the perpetrators used the internet to make contact, and calls for further cooperation between the private and public sectors; encourages those involved to follow good examples of prevention and complaint mechanisms in online social media and to implement these EU-wide; calls on Member States to take measures to address cyber-bullying;
Amendment 754 #
2016/2009(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a code of conductn action plan on protecting children’s rights online and offline in cyber space, and recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children;
Amendment 767 #
2016/2009(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on the Member States to fully implement the asylum package and register children upon their arrival in order to ensure their inclusion in child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe;
Amendment 782 #
2016/2009(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that traditional national minorities who have been living together with or alongside traditional majority cultures for centuries in Europe are facing the negative consequences of the migration crisis, i.e. mistrust towards non- majority autochthonous minorities; believes that the solution to this problem lies in the establishment of minimum standards on protecting the rights of traditional minorities, as preserving European heritage gives added value to diversitytheir cultural heritage;
Amendment 818 #
2016/2009(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Welcomes the concluding observations on the EU’'s progress in implementing the UN Convention on the Rights of Persons with Disabilities (CRPD), and calls on the EUCommission and the Member States to use these recommendations as an opportunity to set a positive example by ensuring effective and thorough implementation as soon as possible;
Amendment 820 #
2016/2009(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses that persons with disabilities are entitled to enjoy their fundamental rights on an equal basis with others, including the rights to inalienable dignity, independent living, autonomy and full social integration, sexual and reproductive health and rights and family; notes that a human rights-based approach to disability is not yet fully endorsed, and urges the EU and its Member States to intensify efforts to align their legal frameworks with CRPD requirements and to effectively include persons with disabilities in society;
Amendment 824 #
2016/2009(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Council to urgently adopt the 2008 proposal for a Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation;
Amendment 825 #
2016/2009(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Regrets the fact that EU funds earmarked for integration measures for persons living with disabilities are still used to renovate big institutions instead, despite the commitment of the EU and its Member States to de-institutionalisation; calls on the Commission to closely monitor the utilisation of the funds and take action where necessary;
Amendment 826 #
2016/2009(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Calls on Member States to adopt strategies to provide effective access to the labour market to persons living with disabilities;
Amendment 832 #
2016/2009(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that children with disabilities disproportionately experience a variety of human rights violations, including the denial of access to basic services such as education and healthcare or placement in institutions away from their families and communities, and are at a higher risk of becoming victims of violence, sexual abuse, exploitation and other forms of ill- treatment and abuse; highlights the need for comprehensive policy action by the EU and the Member States to ensure the thorough implementation of the UN Convention on the Rights of the Child, in conjunction with the CRPD;
Amendment 835 #
2016/2009(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Urges Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons; and awareness of it is raised through campaigns;
Amendment 843 #
2016/2009(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on Member States to provide accessible solutions to refugees with disabilities;
Amendment 847 #
Amendment 848 #
2016/2009(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 853 #
2016/2009(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 881 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Denounces the persistent and widespread discrimination against Roma in all EU Member States as the root cause of the deprived living conditions and socio-economic exclusion in which many of them still live today; urges the Commission to take action against those Member States that promote or allow institutionalised discrimination and segregation, especially in education and housing; calls on the Commission to mainstream the monitoring of discrimination practices in all areas, especially education, employment, housing and healthcare;
Amendment 882 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39 b. Regrets that Roma people still face antigypsyism, systematic and also institutional racism; calls on Member States to come up with a roadmap to tackle institutional racism among their authorities;
Amendment 883 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 c (new)
Paragraph 39 c (new)
39 c. Regrets that in the application of the Racial Equality Directive there are still shortcomings, including in the area of awareness of rights and access to justice;
Amendment 884 #
2016/2009(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Notes that people belonging to the Roma minority are entitled to freedom ofUrges Member States to safeguard free movement of Roma, and calls on the Member States not to plan resettlement policies based on ethnic reasons; reiterates that forced eviction of Roma people in several Member States breaches the rights to equal treatment and security; calls on the Commission to closely monitor forced evictions and repatriations to detect the possible breach of the relevant EU law;
Amendment 895 #
2016/2009(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on Member States, in the light of the Commission’'s Report on the implementation of the EU Framework for National Roma Integration Strategies 2015, to fully and rapidly implement their own national Roma Strategy and to put in place specific measures to fight antigypsyism and ethnic discrimination against Roma in line with the Racial Equality Directive provisions, and to combat anti-Ggypsyism in line with the Framework Decision on Racism and Xenophobia;
Amendment 900 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Condemns the existing practice of segregation of Roma pupils in schools; supports the Commission's efforts to challenge this practices; recalls that several Member States are under infringement procedure because of segregation of Roma children in schools; and calls on Member States to take effective steps to eliminate school segregation and to come up with detailed plans on integration measures for Roma children;
Amendment 920 #
2016/2009(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes the rise in euroscepticism, far-right populism and violent political views with great concern, and therefore urges the EU and its Member States to strengthen participation by citizens and civil society organisations in EU matters so that Europeans understand that their voices are being heard in the EU and that policymakers are responsive to public opinion expressed through democratic channels;
Amendment 937 #
2016/2009(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes that civil society organisations, including volunteering and youth work, play a key role in social participation and calls on the EU and the Member States to support and to promote their work; regrets that in Hungary, Poland and Lithuania there are on-going smear campaigns against NGOs; calls on Member States and EU to provide for adequate public investment in the work of NGOs, including equality bodies;
Amendment 947 #
2016/2009(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Believes that civic education improves citizens’' understanding of the importance of social and political participation, while human rights education raises awareness of their own rights and teaches them respect for the rights of others; calls on Member States to draw up national plans of action for fundamental rights education, including the EU's contribution to the development of the fundamental rights framework, and to implement the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education;
Amendment 26 #
2016/2005(ACI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the importance of the provisions of the new IIA on better law- making tools (impact assessments, public and stakeholder consultations, evaluations, etc.) for a well-informed, inclusive and transparent decision-making process and for the correct application of legislation, whilst safeguarding the prerogatives of the legislators; welcomes the aim of improving the implementation and application of Union legislation, inter alia through better identification of national measures that beare not relation toquired by the Union legislation that is to be transposed ("gold-plating");
Amendment 27 #
2016/2005(ACI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the importance of the provisions of the new IIA on better law- making tools (impact assessments, public and stakeholder consultations, evaluations, etc.) for a well-informed, inclusive and transparent decision-making process and for the correct application of legislation, whilst safeguarding the prerogatives of the legislators; welcomes the aim of improving the implementation and application of Union legislation, inter alia through better identification of national measures that bear no relation to the Union legislation that is to be transposed ("gold-plating"), bearing in mind that Member States remain free to apply higher standards in cases where Union law provides only for minimum harmonisation;
Amendment 36 #
2016/2005(ACI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the letter of 15 December 2015 from the First Vice -President of the Commission on the functioning of the new Regulatory Scrutiny Board, which is to oversee the quality of the Commission's impact assessments (but without giving it a power of veto over legislative proposals, which is a matter for the elected authorities); points out that the legislators may also carry out their own impact assessments where they consider this necessary; underlines that, furthermore, the new IIA provides for exchanges of information between the institutions on best practice and methodologies relating to impact assessments, thus providing an opportunity to review the functioning of the Regulatory Scrutiny Board in due time;
Amendment 39 #
2016/2005(ACI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the commitment made that impact assessments should also address the "cost of non-Europe" (i.e. the cost to producers, consumers, workers, administrators and the environment of not adopting necessary legislation);
Amendment 48 #
2016/2005(ACI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importance of the agreed "Annual Burden Survey" as a tool to help avoid overregulation and reduce administrative burdens; points out that the feasibility and desirability of establishing objectives for the reduction of burdens in specific sectors must be evaluated on a case-by-case basis in close cooperation between the institutions; welcomes in this respect the fact that the three institutions have agreed that impact assessments should also address the impact of proposals on administrative burdens, particularly as regards small and medium-sized enterprises; recognises that appropriate Union legislation can cut administrative burdens for SMEs by replacing 28 divergent sets of rules with a single set of rules for the single market;
Amendment 65 #
2016/2005(ACI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Also believes that more concrete arrangements are needed in order to enhance thebetter use should be made of the arrangements for political dialogue with national parliaments;
Amendment 94 #
2016/2005(ACI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Asks its competent committee to examine the extent to which amendments or interpretation of the Rules of Procedure or changes to Parliament's practices, administration and channels of contact with other institutions are necessary for the implementation of the new IIA;
Amendment 1 #
2016/0823(CNS)
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Declaration by the President of the European Council, the President of the Commission and the Prime Minister of Denmark of 15 December 2016, which stressed the operational needs, but also the exceptional and transitional nature, of the foreseen arrangement between Europol and Denmark,
Amendment 2 #
2016/0823(CNS)
Draft legislative resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the aforementioned Declaration, which stressed that the foreseen arrangement is conditional on Denmark’s continued membership of the Union and of the Schengen area, Denmark’s obligation to fully implement in Danish law Directive (EU) 2016/680/EU1a on data protection in police matters by 1 May 2017 and Denmark’s agreement to the application of the jurisdiction of the Court of Justice of the European Union and the competence of the European Data Protection Supervisor, ________________ 1aDirective (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 5 #
2016/0823(CNS)
Draft legislative resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
(3a) Calls on the Council to provide, within the provisions of the future arrangement between Europol and Denmark, for an expiry date of five years after the date of entry into force thereof, in order to ensure its transitional nature with a view to full membership or the conclusion of an international agreement in accordance with Article 218 TFEU;
Amendment 219 #
2016/0413(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. PIn case of a violation against the rules laid down in this Regulation personal data obtained in accordance with Articles 3, 4, 5 (3), and 6 shall be stored by the competent authorities and the Financial Intelligence Unit for a period of five years after the date on which it was collected. At the expiry of this period it shall be deleted or rendered anonymouonly up to three years. If there are indications that the cash is related to a criminal activity, personal data obtained in accordance with Articles 3, 4, 5 (3), and 6 shall be stored by the competent authorities and the Financial Intelligence Unit only up to a total of five years. In such case the reasons for this longer storage shall be justified and recorded. If no decision is taken on the continued storage that data shall be erased automatically after three years.
Amendment 34 #
2016/0412(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Before deciding to apply a ground for non-recognition and non-execution, the executing authority should consult the issuing authority, in order to obtain any necessary additional information.
Amendment 37 #
2016/0412(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The proper practical operation of this Regulation presupposes close communication between the competent national authorities involved, in particular in cases of simultaneous execution of a confiscation order in more than one Member State. The competent national authorities should therefore consult each other whenever necessary.
Amendment 39 #
2016/0412(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Any interested party, including bona fide third parties, should have legal remedies against the recognition and execution of a freezing or confiscation order to preserve his or her rights, including the right of access to the file and the effective possibility to challenge the order before a court or claim title of ownership or other property rights in accordance with Directive 2014/42/EU. The action should be brought before a court in the executing State.
Amendment 60 #
2016/0412(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Obligation to inform the interested parties Following the execution, the executing authority shall, without delay, notify its decision to the person against whom the confiscation order has been issued and to any interested party, including bona fide third parties.
Amendment 67 #
2016/0412(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Article 22, following the execution, the executing authority shall, without delay, notify its decision to the person against whom the freezing order has been issued and to any interested party including bona fide third parties of which the executing authority has been informed in accordance with Article 14(6).
Amendment 68 #
2016/0412(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The notification shall contain information, at least briefly,comprehensible information on the reasons ofor the freezing order, on the authority whoich issued the order and on the existing legal remedies under the national law of the executing State.
Amendment 69 #
2016/0412(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. For the purpose of safeguarding ongoing investigations, the issuing authority may request the executing authority to keep the execution of the freezing order confidential for a limited period of time. The issuing authority shall inform the executing authority when the reasons for confidentiality no longer apply.
Amendment 70 #
2016/0412(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) if the amount obtained from the execution of the confiscation order is more than EUR 10 000, 50 70% of the amount shall be transferred by the executing State to the issuing State.
Amendment 4 #
2016/0403(COD)
Proposal for a regulation
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 2 #
2016/0402(COD)
Proposal for a directive
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 137 #
2016/0359(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Workers and their representatives should be provided with all the documents and information regarding the proposed restructuring plan in order to allow them to undertake an in-depth assessment of the various scenarios. Furthermore, workers and their representatives should be allowed active involvement in all the consultation and approval phases for the definition of the plan and should be guaranteed access to expert advice in connection with the restructuring.
Amendment 142 #
2016/0359(COD)
Proposal for a directive
Recital 38
Recital 38
(38) A full discharge or the end of disqualification after a short period of time are not appropriate in all circumstances, even after carrying out an insolvency procedure, for instance in cases where the debtor is dishonest or has acted in bad faith. Member States should provide clear guidance to judicial or administrative authorities on how to assess the honesty of the entrepreneur. For example, in establishing whether the debtor was dishonest, judicial or administrative authorities may take into account circumstances such as the nature and extent of the debts, the time when these were incurred, the efforts of the debtor to meet the debts and comply with legal obligations including public licensing requirements and proper bookkeeping, and actions on his or her part to frustrate recourse by creditors. Disqualification orders may last longer or indefinitely in situations where the entrepreneur exercises certain professions which are considered sensitive in the Member States or where he or she was convicted for criminal activities. In such cases it would be possible for entrepreneurs to benefit from a discharge of debt, but still be disqualified for a longer period of time or indefinitely from exercising a particular profession.
Amendment 166 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'class formation' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests, taking into account possible pre-existing entitlements, liens or inter-creditor agreements, and their treatment under the restructuring plan. For the purpose of adopting a restructuring plan, creditors should be divided into different classes of creditors, where, as a minimum, secured and unsecured claims should be treated in distinct classes, whilst workers should constitute a separate privileged class;
Amendment 196 #
2016/0359(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall ensure that workers’ representatives can communicate concerns to debtors and entrepreneurs about the situation of the business. Member States shall also ensure that workers’ representatives are in a position to have recourse to an independent expert of their choice and are given access to relevant, up-to-date, clear and user-friendly information regarding the situation of the business and the different restructuring strategies being envisaged, including a transfer to worker ownership;
Amendment 271 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point f – point iii a (new)
Article 8 – paragraph 1 – point f – point iii a (new)
(iiia) all organisational aspects and possible consequences on employment levels, emanating from the restructuring plan, including the impact on subsidiaries and subcontractors, on working conditions and remuneration of workers;
Amendment 293 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Member States shall ensure that, if the plan includes decisions likely to lead to substantial changes in work organisation or in contractual relations, workers who are affected by the restructuring plan shall have the right to vote on it and their approval shall be compulsory for confirmation of the plan.
Amendment 335 #
2016/0359(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) to have due regard to the interests of creditors, workers and other stakeholders;
Amendment 344 #
2016/0359(COD)
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
(1) The period of time after which over-indebted entrepreneurs may be fully discharged from their debts shall be no longer than threfive years starting from:
Amendment 349 #
2016/0359(COD)
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. By way of derogation from Articles 19, 20 and 21, Member States mayshall maintain or introduce provisions restricting access to discharge or laying down longer periods for obtaining a full discharge or longer disqualification periods in certain well-defined circumstances and where such limitations are justified by a general interest, in particular where:
Amendment 50 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall also apply to businesses established under the laws of a third country in respect of their digital business establishments that are specifically directed towards consumers or businesses in a Member State or that principally receive their revenue from activity in a Member State, where the business meets the conditions laid down in points (b) to (d) of paragraph 1. For the purpose of ascertaining whether a digital establishment is specifically directed towards consumers or businesses in a Member State, the physical locations of the consumers or users and suppliers of the goods and services provided shall be taken into account, in accordance with the OECD’s BEPS Action 1. If these cannot be ascertained, regard shall be had to whether the establishment is conducting its business under the top level domain of the Member State or of the Union or, in relation to mobile- application-based businesses, is distributing its application via the Member State-specific part of a mobile application distribution centre or whether the business is conducted under a domain which – for example as a result of the use of names of Member States, regions or towns – makes it clear that the establishment is directed towards consumers or businesses in a Member State, or the business activity is subject to General Terms and Conditions applicable specifically for the European Union or a Member State, or the web presence of the business provides advertising space specifically aimed at consumers and businesses in a Member State.
Amendment 51 #
2016/0337(CNS)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 – point 33 a (new)
Article 4 – paragraph 1 – subparagraph 1 – point 33 a (new)
(33a) ‘digital establishment’ means - as defined by the OECD’s BEPS Action 1 - an establishment which is specifically directed towards consumers or businesses in a Member State, with due regard for the physical locations of the consumers or users and of suppliers of the goods and services provided. If these cannot be ascertained, regard shall be had to whether the establishment is conducting its business under the top level domain of the Member State or of the Union or, in relation to mobile-application-based businesses, is distributing its application via the Member State-specific part of a mobile application distribution centre or whether the business is conducted under a domain which – for example as a result of the use of names of Member States, regions or towns – makes it clear that the establishment is directed towards consumers or businesses in a Member State, or the business activity is subject to General Terms and Conditions applicable specifically for the European Union or a Member State, or the web presence of the business offers advertising space specifically aimed at consumers and businesses in a Member State.
Amendment 39 #
2016/0336(CNS)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall also apply to businesses established under the laws of a third country in respect of their digital business establishments that are specifically directed towards consumers or businesses in a Member State or that principally receive their revenue from activity in a Member State, where the business meets the conditions laid down in points (b) to (d) of paragraph 1. For the purpose of ascertaining whether a digital establishment is specifically directed towards consumers or businesses in a Member State, the physical locations of the consumers or users and suppliers of the goods and services provided shall be taken into account, in accordance with the OECD’s BEPS Action 1. If these cannot be ascertained, regard shall be had to whether the establishment is conducting its business under the top level domain of the Member State or of the Union or, in relation to mobile- application-based businesses, is distributing its application via the Member State-specific part of a mobile application distribution centre or whether the business is conducted under a domain which – for example as a result of the use of names of Member States, regions or towns – makes it clear that the establishment is directed towards consumers or businesses in a Member State, or the business activity is subject to General Terms and Conditions applicable specifically for the European Union or a Member State, or the web presence of the business provides advertising space specifically aimed at consumers and businesses in a Member State.
Amendment 40 #
2016/0336(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28a) ‘digital establishment’ means - as defined by the OECD’s BEPS Action 1 - an establishment which is specifically directed towards consumers or businesses in a Member State, with due regard for the physical locations of the consumers or users and of suppliers of the goods and services provided. If these cannot be ascertained, regard shall be had to whether the establishment is conducting its business under the top level domain of the Member State or of the Union or, in relation to mobile-application-based businesses, is distributing its application via the Member State-specific part of a mobile application distribution centre or whether the business is conducted under a domain which – for example as a result of the use of names of Member States, regions or towns – makes it clear that the establishment is directed towards consumers or businesses in a Member State, or the business activity is subject to General Terms and Conditions applicable specifically for the European Union or a Member State, or the web presence of the business offers advertising space specifically aimed at consumers and businesses in a Member State.
Amendment 117 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to violate human dignity and any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation.; (b) any incitement to commit terrorist acts or the glorification of such acts.
Amendment 137 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) protect all minors from content which may impair their physical, mental or moral development;
Amendment 140 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.and audiovisual commercial communication violating human dignity and containing incitement to violence or hatred based on sex, nationality, racial or ethnic origin, religion or belief, disability, age or sexual orientation;
Amendment 146 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) protect all citizens from content inciting to commit terrorists acts or the glorification of such acts;
Amendment 147 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b b (new)
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from content which may impair their physical or mental development.
Amendment 78 #
2016/0132(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. To increase the effectiveness of the Union system to return illegally staying third- country nationals is needed in order to maintain public trust in the Union migration and asylum system, and should go hand in hand with the efforts to protect those in need of protection. _________________ 26 Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24,12,2008, p. 98.
Amendment 81 #
2016/0132(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) National authorities in the Member States experience difficulties in identifying illegally staying third-country nationals who use deceptive means to avoid their identification and to frustrate the procedures for re-documentation in view of their return and readmission. It is thereforeIt is essential to ensure that information on third-country nationals or stateless persons who are found to be staying illegally in the EU are collected and transmitted to Eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third-country nationals apprehended in connection with the unlawful crossing of the external borders of the Union, in order to facilitate their identification and re-documentation and to ensure their return and readmission, and to reduce identity fraud. It should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third-country nationals, including the period during which they may be kept in administrative detention awaiting removal. It should also allow identifying third countries of transit, where the illegally staytng third-country national may be readmitted.
Amendment 83 #
2016/0132(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Member States should have a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under this Regulation in respect of comparing, collecting and transmitting fingerprint and facial image data of illegally staying third-country nationals who entered by irregularly crossing the external border of the Schengen area.
Amendment 86 #
2016/0132(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration to and secondary movements of illegally staying third- country nationals in the Union. Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of the Member States. _________________ 27 EU Action Plan on return, COM(2015) 453 final.
Amendment 111 #
2016/0132(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes byrelating to the prequesting Member State in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the childvention, detection and investigation of child trafficking and for the protection of missing children and for taking measures for family tracing and reunification.
Amendment 119 #
2016/0132(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals. and the European Union Agency for Fundamental Rights' (FRA) checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac.34a Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals and stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34. _________________ 34 COM(2015) 150 final, 27.5.2015 COM(2015) 150 final, 27.5.2015 34aFRA(2015) Fundamental rights implications of the obligation to provide fingerprints for Eurodac, 22.10.2015
Amendment 128 #
2016/0132(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) In its conclusions on Statelessness of 4 December 2015, the Council and the Representatives of the Governments of the Member States recalled the Union's pledge of September 2012 that all Member States will accede to the 1954 Convention relating to the Status of Stateless Persons and will consider acceding to the 1961 Convention. In its resolution of 25 October 2016 on human rights and migration in third countries, the European Parliament recalled the importance of identifying stateless persons in order to afford them the protections available under international law.
Amendment 153 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegalrregularly staying third- country nationals and stateless persons for determining the appropriate measures to be taken by Member States, if applicable, including removal and repatriation of persons residing without authorisation or granting permanent resident status.
Amendment 162 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) assist the Member States in protecting and identifying child victims of trafficking in human beings and in protecting and identifying missing children and taking measures for family tracing and reunification
Amendment 169 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States are obliged to take the fingerprints and facial image of persons referred to in Article 10(1), 13(1) and 14(1) for the purposes of Article 1(1)(a), (b) and (bca) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation. Member States shall, at all times, respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image.
Amendment 175 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images especially for the purpose laid down in point (ca) of Article 1(1). The minor shall be informed in written and oral form in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image. Mental or physical coercion in order to coerce the taking of fingerprints or a facial image from minors or vulnerable persons shall not be allowed.
Amendment 185 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States may introduce, where appropriate, well justified administrative sanctions, in accordance with their national law and with full respect of the Charter of Fundamental Rights of the European Union, for non- compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity, for as short a time as possible and necessary, should only be used as a means of last resort after effective counselling if there is no other way to determine or verify a third-country national's or stateless person's identity and there is a risk of absconding. Detention of minors shall be prohibited.
Amendment 191 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals or stateless persons who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image nor mental or physical coercion. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
Amendment 216 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes and in strict compliance with Article 17 of the Staff Regulations on professional secrecy for every person involved in the testing only in the following circumstances:
Amendment 224 #
2016/0132(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Each Member State shall keep a list of the designated authorities and communicate it without delay to the Commission and to eu-LISA. Eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where that list has been amended, eu- LISA shall publish once a year an updated consolidated list online.
Amendment 231 #
2016/0132(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints and facial images with Eurodac data are fulfilled. Europol shall designate in agreement with any Member State the National Access Point of that Member State whichWhere the conditions are fulfilled, Europol shall communicate its requests for comparison of fingerprint and facial image data to the Central System.
Amendment 234 #
2016/0132(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For the purposes laid down in Article 1 (1)(c), Europol shall designate an operating unit that is authorised to request comparisons with Eurodac data through its designated National Access Point. The designated authority shall be an operating unit of Europol which is competent to collect, store, process, analyse and exchange information to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling within Europol's mandate.
Amendment 251 #
2016/0132(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month and shall contain a breakdown of the data subjects' year of birth and gender. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu-LISA . The statistics shall contain a breakdown of data for each Member State.
Amendment 253 #
2016/0132(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of Regulation (EU) No , transmit them together with the data referred to in Article 12 (c) to (n) of this Regulation to the Central System. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 261 #
2016/0132(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] and [Regulation (EU) No. 439/2010].
Amendment 267 #
2016/0132(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 269 #
2016/0132(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(g a) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help with possible family tracing or reunification;
Amendment 275 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back or who remains physically on the territory of the Member States and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 281 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 283 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point g a (new)
Article 13 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification;
Amendment 290 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC].
Amendment 294 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is found illegally staying within its territory. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 297 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 298 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point g a (new)
Article 14 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification.
Amendment 301 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States may waive the obligations laid down in paragraphs 1 and 2 in respect of illegally residing third- country nationals who entered by irregularly crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 346 #
2016/0132(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as t. The Member State of origin becomes aware thatshall be informed immediately if the person concerned has acquired such citizenship in order to erase the data.
Amendment 365 #
2016/0132(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of fingerprint and facial image data to the Central System, the designated authorities referred to in Article 6(1) via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison referred to in Articles 21 or 22, as appropriate, are fulfilled.
Amendment 408 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) the recipients or categories of recipients of the data;
Amendment 416 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Where a person covered by Article 10(1), Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner and in a child-friendly environment.
Amendment 419 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 3
Article 30 – paragraph 3 – subparagraph 3
The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the possible administrative sanctions under national law, which a person could face for non-compliance with the fingerprinting process and capturing a facial image, the rights of the data subject, the possibility of information and assistance by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.
Amendment 432 #
2016/0132(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 437 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. By way of derogation from Article 37 of this Regulation, theonly the necessary personal data relating to persons referred to in Articles 10(1), 13(2), 14(1) obtained by a Member State following a hit for the purposes laid down in Article 1(1)(a) or (b) may be transferred or made available to a third- country in accordance with Article 46 of Regulation (EU) No. […/2016], if necessary in order to prove the identity of third-country nationals for the purpose of return, only where the following conditions are satisfied:
Amendment 438 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information maywill be shared with the authorities of athat third-country.
Amendment 440 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(ca) a final decision on the third- country national's application for international protection has been taken.
Amendment 441 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(a) and (b) shall not be transferred to third countries if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.
Amendment 443 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 14 #
2016/0070(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62, Article 62, Article 151 and points (a) and (b) of Article 153(1) thereof,
Amendment 36 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 246 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law ofapplicable terms and conditions of employment should be those established by the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that, without prejudice to more favourable terms and conditions of employment afforded to the worker under provisions from which the parties cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationnational law which would have applied otherwise. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services.
Amendment 63 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In the interests of transparency and in accordance with Directive 2014/67/EU1a of the European Parliament and of the Council, the continuity of the undertaking which posts the workers should be ensured in order to fight against the creation of letterbox companies. In addition, every employer should be able to demonstrate that a worker has an adequate length of service with the undertaking posting him or her. _________________ 1aDirective 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('the IMI Regulation') (OJ L 159, 28.5.2014, p. 11).
Amendment 64 #
2016/0070(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
Amendment 75 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – title
Article 2 a – title
Posting exceeding twenty-foursix months
Amendment 76 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried outsix months, or when the posting is not considered to be genuine under Directive 2014/67/EU, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 81 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2
Article 2 a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or a similar task at the same place, - be it by another posted worker or the same posted worker returning after a break - the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 86 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory at least the terms and conditions of employment which covering the following matters which,laid down in the Member State where the work is carried out, are laid down:
Amendment 95 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 - subparagraph 1 - point g a (new)
Article 3 – paragraph 1 - subparagraph 1 - point g a (new)
(ga) allowances associated with the posting including reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Amendment 98 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of remuneration shall be determined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 114 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 96/71/EC
Article 3 – paragraph 1 b
Article 3 – paragraph 1 b
1b. Member States shall provide that the undertakings referred to in Article 1(3)(c) guarantee posted workers the terms and conditions which apply pursuant to Art. 5 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work to temporary workers hired-out by temporary agencies established in the Member State where the work is carried out. In so doing, equality of treatment shall be guaranteed between these temporary agency workers and national temporary agency workers.
Amendment 115 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 1 c
Article 3 – paragraph 1 c
(ca) The following paragraph is inserted: "1c. Member States may also, in accordance with national law and practice and on a non-discriminatory basis, base themselves on collective agreements or arbitration awards which are, as defined by the Member State where the work is carried out, representative in the geographical area, the profession or industry concerned and which offer the most favourable terms and conditions of employment to the worker".
Amendment 117 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a
Article 1 – paragraph 1 – point 2 – point d a
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) The following paragraph is inserted: ‘"9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed".’
Amendment 119 #
2016/0070(COD)
(2b) The following Article is inserted: ‘"Article 6 b This Directive shall be without prejudice to the Member States' ability to apply or introduce laws and administrative provisions which are more favourable to workers or allow to promote the use of collective agreement provisions that are more favourable to workers".’
Amendment 4 #
2015/2352(INI)
Motion for a resolution
Recital B
Recital B
B. whereas indigenous sources of oil and gas can contribute significantly to Europe’s existing energy needs and are particularly important for energy security and energythe reduction of oil and gas consumption is an important prerequisite for meeting EU and global climate and environmental objectives and a sustainable dieversitylopment;
Amendment 38 #
2015/2352(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also regrets the fact that the way civil liability is handled varies considerably from one Member State to another and; stresses that there is no liability in many of the Member states with offshore and gas activities for most third-party claims for compensation for traditional damage caused by an accident; no regime in the vast majority of Member States for compensation payments; and no assurance in many Member States that operators or liable persons, would have adequate financial assets to meet claims; moreover, stresses that there is often uncertainty as to how Member States’ legal systems would deal with the diversity of civil claims that could result from offshore oil and gas incidents;
Amendment 43 #
2015/2352(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that most Member States have not yet transposed the relevant provisions of the OSD; calls on the Commission to ensure the close monitoring of its implementation with a view to assess the appropriateness of introducing further harmonised rules on liability, compensation and financial security to improve compliance with the OSD as soon as possible in order to effectively prevent any future accidents with cross-border implications;
Amendment 51 #
2015/2352(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission concluded in its report on liability, compensation and financial security for offshore and gas operations (COM/2015/0422), that there is no need to consider further steps for harmonising and improving safety, civil and criminal liability and various financial security mechanisms before its implementation report of the OSD, due for July 2019; calls on the Commission to ensure instead that all possible safeguards are built into the EU and national legislations as soon as possible in order to provide adequate coverage for future accidents with cross- border impact;
Amendment 52 #
2015/2352(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 7 #
2015/2343(INI)
Motion for a resolution
Citation 20
Citation 20
— having regard to the results of the Special Eurobarometer of the European Parliament conducted in the 28 Member States of the European Union from 9 to 18 April 2016 in order to sound out the views and expectations of Europeans about EU measures, counterterrorism, and the mutual assistance clause,
Amendment 14 #
2015/2343(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is resolved to frame a common defence policy leading to a common defence which reinforces its European identity and autonomy in order to promote peace, and security and progress in Europe and in the world;
Amendment 26 #
2015/2343(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Treaty on European Union clearly defines the objectives in the area of the CSDP and the mechanisms and framework for their achievement; whereas very limited progress has been achieved in fulfilment of these objectives;
Amendment 42 #
2015/2343(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the development of the CSDP requires shared values and common interests, and political will from the Member States, as well as the setting-up of robust institutional cooperation structures; whereas the CSDP should be a common policy and not a mere sum of the national policies of the Member States;
Amendment 49 #
2015/2343(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU now has competence to define and implement a common security and defence policy that includes the progressive framing of a common Union defence policy; whereas the Union should use this competence to coordinate and supplement the actions of the Member States, without thereby prejudicing or superseding their competence in defence;
Amendment 65 #
2015/2343(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EU citizens are calling for more European intervention in defence and security, with two thirds wishingtwo thirds of the EU citizens questioned would like to see greater EU engagement in matters of security and defence policy;
Amendment 81 #
2015/2343(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the European Council should establish thea European Defence Union without delay, as advocated by Parliament, as well as the Union’s common defence; whereas the Member States should adopt the decision on common defence in accordance with their respective constitutional requirements;
Amendment 85 #
2015/2343(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Parliament actively supports the European Defence Union and will continue to make appropriate proposals to that end; whereas the interparliamentary conference on the CFSP and CSDP should become the forum for the implementation of effective and regular interparliamenmust be fully involved at every stage when the European Defence Union is being put in place and, as regards out-of-area military cooperation on the CSDP and the progressive framings, should have a right of a common Union defence policynsent;
Amendment 92 #
2015/2343(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the interparliamentary conference on the CFSP and CSDP should become the forum for the implementation of effective and regular interparliamentary cooperation on the CSDP and the progressive framing of a common Union defence policy;
Amendment 135 #
2015/2343(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the CSDP, as provided for in the Treaty on European Union (TEU), includes the progressive framing of a common Union defence policy that will lead to a future common defence when the European Council, acting unanimously, so decides; calls on the Member States to commit as a matter of priority to the provisions of the Treaty on the CSDP, and to ensure tangible progress in the achievement of the objectives as defined in those provisions;
Amendment 144 #
2015/2343(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the reform and innovation that the Lisbon Treaty brings to the CSDP constitute a sufficient and coherent framework and should set the path for a truly common policy, based on shared resources and capabilities as well as on coordinated planning at Union level; stresses that the progress of the CSDP within the current institutional and legal framework is dependent more on the political will of Member States than on legal considerations;
Amendment 163 #
2015/2343(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ConsiderNotes that where the TEU provides that the Council acts by a qualified majority to adopt decisions under the CSDP, in particular those under Articles 45(2) and 46(2) TEU, all, all administrative expenditure to which the implementation of such decisions gives rise shouldcan be charged to the Union budget; considers that, to that end, there is a need for additional funding or co-funding from Member States;
Amendment 175 #
2015/2343(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, therefore, that the European Defence Agency (EDA) and PESCOthe European External Action Service (EEAS) should be treated as Union institutions sui generis, as is the case with the European External Action Service (EEAS); considers that this requires amending the Financial Regulation in order to include EDA and PESCO in Article 2(b) thereof, with a specific section in the Union budget;
Amendment 178 #
2015/2343(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 187 #
2015/2343(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is furthermore convincedNotes that Article 41(2) TEU applies to the operating expenditure of EDA and PESCO, except for expenditure arising from operations having military or defence implications, that is to say, provided that such expenditure is not directly linked to the implementation of a military mission as referred to in Article 42(1) TEU, to defence operations of a Member State where it is the victim of an armed aggression on its territory, or to defence operations of Member States where they fulfil their obligation of aid and assistance under Article 42(7) TEU;
Amendment 195 #
2015/2343(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers, therefore, that for EDA and PESCO the funding of theirits administrative and operating expenditures from the Union budget is the only option under the treaties, notwithstanding that both institutions may administer funds directly provided by Member Stn accordance with Article 41 TEU is the only option under the treaties;
Amendment 228 #
2015/2343(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that security and defence constitute an area where European added value can be easily demonstratedis made manifest, in terms of economic and efficiency gains, by giving Member States increased and more cost- effective capacity, through greater coherence, coordination and interoperability in security and defence, as well as in terms of contributing to consolidating solidarity and cohesion within the Union;
Amendment 235 #
2015/2343(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that the reinforcement of the CSDP must be in line with the Treaties will not impinge on national sovereignty as this policy is driven by the Member States; is convinced that there is no greater respect for sovereignty than defending the territorial integrity of the European Union through a common defence policy;
Amendment 247 #
2015/2343(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the projectedNotes that the increase in national defence expenditure to 2 % of EU GDP; highlights that this would mean extra expenditure of nearly EUR 100 billion on defence by the end of the coming decade; considers that this boost should be used to launch more strategic cooperative programmes within and through the Union, by better structuring the demand and supply sides and making both sides more efficient and more effective;
Amendment 269 #
2015/2343(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the continued need for the establishment of a Council format of Defence Ministers, in order to provide sustained political leadership andfact that a Council format of Defence Ministers should be established, in order to coordinate the implementation of the CSDP;
Amendment 281 #
2015/2343(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that the Steering Board of the EDA, made up of the representatives of Member States’ defence ministries, is the body that is suitable tocould exercise the advisory and supervisory functions required to implement Articles 42, 45 and 46 TEU;
Amendment 298 #
2015/2343(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises the underused potential of the EDA in supporting the development of the CSDP; calls on the Member States to define and commit to a common level of ambition within a reformed EDA; calls for the reinforcement of the EDA’s political backing, funding, and resources, as well as of its coordination with the actions of the Commission and other actors, especially in the areas of capability development, defence procurement and research;
Amendment 304 #
2015/2343(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes the EDA’s decision to review the Capability Development Plan (CDP) in line with the EU Global Strategy, and looks forward to a future CDP which reflects EU and Member States’ priorities and needs in a more relevant way;
Amendment 318 #
2015/2343(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. RegretNotes that Member States have not yet developed a common European armaments and capabilities policy (EACP) within the EDA as foreseen by Article 42(3) TEU; calls on the VP/HR to inform Parliament of the results achieved by the existing working relationship between the EDA and the Commission and of both with the European Space Agency (ESA) and the Organisation for Joint Armament Cooperation (OCCAR);
Amendment 340 #
2015/2343(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that the Union should make provision, in agreement with the Member States concerned, for participation in capability programmes undertaken by them; considers that the Union’s financial contribution to such programmes should not exceed the contributions made by the participating Member States;
Amendment 368 #
2015/2343(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that the European Parliament should play a prominent role in the supervision of implementation and in the evaluation of the CSDP; insists that Parliament must be consulted on majorall decisions in the area of the CSDP, includingparticularly regarding military missions and strategic defence operations, and should have a right of assent in the event of military operations outside EU territory;
Amendment 1 #
2015/2326(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Interinstitutional Agreement on better law-making between the European Parliament, the Council of the European Union, and the European Commission,
Amendment 2 #
2015/2326(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Maintains that the citizens of the Union may feel confident about Union law and can benefit effectively from its correct application in the Member States only if Union law is established in full compliance with the principle of conferral and the principles of subsidiarity and proportionality, as set out in Article 5 of the Treaty on European Union;
Amendment 8 #
2015/2326(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Commission invokes Article 4(3) TEU and the principle of sincere cooperation between the Union and Member States in order to enforce its obligation to exercise discretion in relation to Member States during EU Pilot procedures;
Amendment 9 #
2015/2326(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas EU Pilot procedures are intended to make for closer and more coherent cooperation between the Commission and Member States so as to remedy breaches of EU law at an early stage in order, wherever possible, to avert the need to resort to formal infringement proceedings;
Amendment 23 #
2015/2326(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that Parliament should play a more structuredstronger role in the analysis of how accession countries and countries with association agreements with the European Union comply with EU law;
Amendment 25 #
2015/2326(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s 32nd ‘Annual Report on Monitoring the Application of EU Law’, and notes that environment, transport, and internal market and services were the policy areas in 2013 in which most infringement cases remained open in 2014; also notes that in 2014 environment, health, and consumers, and mobility and transport were again the policy areas in which the highest numbers of new infringement proceedings were instituted;
Amendment 31 #
2015/2326(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that according to the Annual report, ‘the number of formal infringement procedures has decreased in the last five years’, and that, according to the Commission, this reflects the effectiveness of the structured dialogue with Member States via EU Pilot; points out, however, that the Commission does not carry out any EU Pilot procedures when directives have been transposed late;
Amendment 33 #
2015/2326(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers, therefore, that the decrease in recent years and the decrease expected to occur in coming years are due to the continuing fall in the number of new Commission legislative proposals;
Amendment 37 #
2015/2326(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes and reiterates that the increase in the number of new EU Pilot files during the period under examination, and the decrease in the number of open infringement cases, show that the EU Pilot system has proved its worth; reiterates, however, that the enforcement of EU law is neither sufficiently transparent nor subject to any real control by the complainants and the interested parties, and regrets that, despite its repeated requests, Parliament still has inadequate access to information about the EU Pilot procedure and pending cases;
Amendment 39 #
2015/2326(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that sincere cooperation between the Commission and Parliament is an obligation incumbent on them both; calls, therefore, for the Framework Agreement on Relations between the European Parliament and the European Commission to be revised so as to enable information about EU Pilot procedures to be supplied in the form of a (confidential) document to the parliamentary committee responsible for the interpretation and application of Union law;
Amendment 40 #
2015/2326(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that in future, should Member States transposing directives into national law decide to add elements having no connection with the Union law concerned, such additions will be made visible either in the transposition act or acts or by means of the necessary documents, in order to ensure that the measures in question will be clearly communicated to the public; points out, however, that this in no way affects the Member States’ prerogative of adopting higher social and environmental standards at national level than those agreed at EU level:
Amendment 22 #
2015/2319(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights furthermore that the Commission, in preparing and drafting delegated and implementing acts, must ensure that all documents, including draft acts, must be communicated to the European Parliament and the Council at the same time as to the Member States’ experts, as agreed in the Interinstitutional Agreement on Better Law-Making of 12 May 2016.
Amendment 3 #
2015/2283(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the package of better regulation measures adopted on 19 May 2015; believes however that material criteria for establishing the existence of a violation of the subsidiarity and proportionality principles should be proposedrecalls that every Commission proposal is accompanied by an explanatory memorandum setting out inter alia how the initiative complies with the principle of subsidiarity and the principle of proportionality;
Amendment 8 #
2015/2283(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in 2014 three, of the 41 national chambers, three (the Danish Folketing, the Dutch Tweede Kamer and the UK House of Lords) issued reports with detailed proposals on how to strengthen the role of national parliaments in the decision- making process;
Amendment 10 #
2015/2283(INI)
Motion for a resolution
Recital F
Recital F
Amendment 16 #
2015/2283(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the continued consideration of the principles of subsidiarity and proportionality, which are guiding principles for the European Union when it chooses to act; stresses that subsidiarity and democratic legitimacy are closely intertwined concepts; highlights that subsidiarity checks can be considered an important tool for reducing the so- called ‘democratic deficit’; points out that national parliaments have a vital role to play in ensuring that decisions are taken as closely as possible to the citizen; stresses that, with regard to any new legislative initiative, the Commission is obliged to examine whether the EU has the right to take action and whether this is also justified;
Amendment 17 #
2015/2283(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the continued consideration of the principles of subsidiarity and proportionality, which are among the guiding principles for the European Union when it chooses to act; stresses that subsidiarity and democratic legitimacy are closely intertwined concepts; highlights that subsidiarity checks can be considered an important tool for reducing the so- called ‘democratic deficit’; points out that national parliaments can have a vital role to play in ensuring that decisions are taken at the level that is most effective and as closely as possible to the citizen;
Amendment 17 #
2015/2283(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. RegretNotes the decrease in the number of reasoned opinions received from national parliaments in 2014; takes note of the Commission’s view that, far from reflecting a decrease in interest on their part, this might be the this is a result of the declining number of legislative proposals from the Commission;
Amendment 23 #
2015/2283(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes also that only 15 Chambers issued reasoned opinions in 2014 and that this represents a decrease of approximately 50% in the participation of the 41 Chambers in all compared to 2013;
Amendment 27 #
2015/2283(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the decrease in the number of reasoned opinions received from national parliaments in 2014; points out, however, that such a decrease might be as a result of the declining number of legislative proposals by the Commission and not of a loss of interest on the part of national parliaments; draws attention to the fact that in 2014 no Commission proposal received a sufficient number of reasoned opinions to trigger thewas subject to ‘yellow’ or ‘orange card procedures’ under Protocol No 2 on the application of the principles of subsidiarity and proportionality; recalls that the fact that the yellow card procedure was triggered twice in the past (2012 and 2013) is a sign that the system is already functional while national parliaments are worried about the subsidiarity principle.
Amendment 27 #
2015/2283(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes, nevertheless, that it is important to raise the awareness of national parliaments on subsidiarity issues and to support them with tools permitting information exchange; stresses that, especially since the volume of reasoned opinions received from national parliaments in 2014 remained unchanged in proportion to the number of Commission proposals, a mechanism should be developed for the participation of national parliaments in the EU legislative process;
Amendment 32 #
2015/2283(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned by the factNotes that some national parliaments have highlighted that, in a numbersome of the Commission’s legislative proposals, the justification of subsidiarity and proportionality is insufficient or non- existent in substance; stresses, in this connection, the need for the European institutions to make it possible for national parliaments to scrutinise legislative proposals by ensuringensure that the Commission provides detailed and comprehensive grounds for its legislative decisions on subsidiarity and proportionality, in accordance with Article 5 of Protocol No 2 to the TFEU;
Amendment 40 #
2015/2283(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern thatWelcomes the Impact Assessment Board (‘IAB’) considered more than 32 % of impact assessments (‘IAs’) reviewed by them in 2014 to have included an unsatisfactory analysis of the principles of subsidiarity or proportionality, or both; notes the crucial importance of impact assessments as tools for aiding decision-making in the legislative process, and stresses the need, in this context, for proper consideration to be given to ikage of measures aimed at improving regulation which was adopted by the Commission on 19 May 2015 and which addresses the concerns raised by the Impact Assues relating tosment Board concerning subsidiarity and proportionality; welcomes, in this connecti the Commission’s new line on, the package of better regulation measures adopted by the Commission on 19 May 2015, which place new emphasisubject which gives greater prominence to the principles onf subsidiarity and proportionality, in the context of impact assessments;cluding in its impact analyses.
Amendment 45 #
2015/2283(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. BelievStresses that the period of eight weeks given to national parliamentnational parliaments are given a period of eight weeks to issue a reasoned opinion under Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality should be extended significantly; recalls that in addition it is possible for the national parliaments to raise subsidiarity concerns at any time under the consultation procedure or in the framework of political dialogue through an opinion addressed to the Commission;
Amendment 46 #
2015/2283(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RecCalls concerns raised in previous reports regarding the somewhat perfunctory character of the annual reports on subsidiarity and proportionality prepared by the Commission, which often fail to pay detailed consideration to how the Commission to provide more detailed annual reports on subsidiarity and proportionality that provide a thorough analysis of the principles of subsidiarity and, in particular, proportionality are observed in EU policy-making; calls on the Commission to produce more analytical annual reports;proportionality.
Amendment 51 #
2015/2283(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the reports made by a number of national parliaments as a valuable contribution to the debate on the role of national parliaments in the EU decision-making process and takes note of the proposals included therein; notes, in this connection, that these reports suggest that reasoned opinions should not only concern compliance with the principle of subsidiarity, but also compliance with the principle of proportionality and the legal basis for the proposal; believes that the practicability of these proposals depends on a revision of the Treaties and the Protocols thereto; encourages other national parliaments to share their views on the role that national parliaments should play in the EU decision-making process;
Amendment 51 #
2015/2283(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 61 #
2015/2283(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Suggests that in any review of the Treaties and the Protocols thereto consideration should be given to whether reasoned opinions should be limited to examining subsidiarity grounds, to maintaining the threshold for the appropriate number of national parliament responses required to trigger a ‘yellow’ or ‘orange card’ procedure, and to what the effect should be in cases where the threshold for these procedures is reached; believes that consideration should be given to the introduction of a ‘red card’ mechanism whereby the consideration of a proposal by the EU co-legislators should be stayed if a significant number of national parliaments expresses concern on subsidiarity grounds, unless the proposal is amended to accommodate those concerns;s set by Article (7)2 of Protocol No. 2 on the application of the principles of subsidiarity and proportionality.
Amendment 63 #
2015/2283(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the adoption of legal acts requires the agreement of a large majority within the Council, comprising the national ministers of all EU Member States, who are politically accountable to their national parliaments, and thus in that way too the principle of subsidiarity is fully respected;
Amendment 68 #
2015/2283(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion thatNotes that several national parliaments in COSAC have expressed their interest in proposing the introduction of a ‘'green card’ mechanism could also be considered, which would afford national parliaments the opportunity to propose the introduction, amendment or repeal of Union legislation; suggests, in this connection, that consideration should be given to the number of national parliaments needed in order to trigger such a procedure, and to the extent of its impact' as an instrument in the context of improving political dialogue, which would afford national parliaments, having first secured the support of the European Parliament, the opportunity to suggest constructive proposals for the Commission's consideration and with due regard for the Commission's right of initiative;
Amendment 73 #
2015/2283(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the request from a number ofcertain national parliaments to extend the eight-week period in which they can issue a reasoned opinion under Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality; notes, in this regard, that the current timeframe for national parliaments to carry out subsidiarity checks is often deemed insufficient; considers that a twelve-week period would be more appropriatnational parliaments may intervene and consider the question of compliance with the principle of subsidiarity before the presentation of a legislative initiative by the Commission in the form of Green and White Papers or the annual presentation of the Commission’s work programme;
Amendment 74 #
2015/2283(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the request from a number of national parliaments to extend the eight-week period in which theyRecalls that the period in which the national parliaments can issue a reasoned opinion underis eight weeks according to Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality; notes, in this regard, that the current timeframe for national parliaments to carry out subsidiarity checks is often deemed insufficient; considers that a twelve-week period would be more appropriate;. Stresses that this period is the result of striking a balance between the desire to consult national parliaments and the need to avoid an excessively slow legislative process.
Amendment 78 #
2015/2283(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the adoption of legal acts requires the agreement of a large majority within the Council, comprising the national ministers of all the Member States, who are politically accountable to their national parliaments, and that this is another way in which the principle of subsidiarity is fully respected;
Amendment 79 #
2015/2283(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that reasoned opinions issued by national parliaments in accordance with Article 7(1) of Protocol No 2 are to be duly taken into accountconsideration by all institutions involved during the decision- making process of the Union and, in this connection, calls on the EU institutions to make the appropriate arrangements to ensure this;.
Amendment 80 #
2015/2283(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the principle of proportionality enshrined in Article 5 of the Treaty on European Union (TEU) requires ‘that the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties’; emphasises that the Court of Justice has stated that the principle of proportionality ‘requires that measures implemented through provisions of European Union law be appropriate for attaining the legitimate objectives pursued by the legislation at issue and must not go beyond what is necessary to achieve them’ and that ‘in the fields in which the European Union legislature has a broad legislative power’ the lawfulness of a measure adopted in this context can be affected only if the measure is manifestly inappropriate with respect to the objective which the competent institutions are seeking to pursue, although the European legislator must nonetheless ‘base its choice on objective criteria’ and, when assessing the burdens associated with various possible measures, ‘examine whether objectives pursued by the measure chosen are such as to justify even substantial negative economic consequences for certain operators’;.
Amendment 86 #
2015/2283(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 90 #
2015/2283(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the Declaration from the Presidents of the Italian Chamber of Deputies, the French National Assembly, the German Bundestag, and the Luxembourg Chamber of Deputies, which underlined „that more, not less, Europe is needed to respond to the challenges we face, both internally and externally";
Amendment 91 #
2015/2283(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 93 #
2015/2283(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
Amendment 96 #
2015/2283(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– proposes forwarding the reasoned opinions of national parliaments sent underrecalls that pursuant to Rule 42(3) of the Parliament’s Rules of Procedure ‘If a national parliament sends the President a reasoned opinion in accordance with Article 3 of the Protocol on the role of national parliaments in the European Union and Article 6 of the Protocol No 2 annexed to the TEU and the TFEU to the co- legislators without delay;on the application of the principles of subsidiarity and proportionality, that document shall be referred to the committee responsible for the subject- matter and forwarded for information to the committee responsible for respect of the principle of subsidiarity’.
Amendment 97 #
2015/2283(INI)
Motion for a resolution
Paragraph 14 – indent 3
Paragraph 14 – indent 3
Amendment 100 #
2015/2283(INI)
Motion for a resolution
Paragraph 14 – indent 4
Paragraph 14 – indent 4
Amendment 102 #
2015/2283(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 105 #
2015/2283(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that legislative proposals may change substantially in the course of the legislative procedure and, in this connection, reiterates that consideration should be given to the introduction of further subsidiarity checks and impact assessments when a major amendment is likely to be adopted and at the conclusion of the legislative negotiations and in advance of the adoption of the final text, in order that compliance with subsidiarity can be guaranteed and that assessments including proportionality can be made;impact assessments at the beginning of the legislative procedure are an important and necessary instrument for compliance with the principles of subsidiarity and proportionality. Stresses that these guiding principles, which ensure that the European Union is close to its citizens, must guarantee the effectiveness of the EU institutions while avoiding excessive bureaucracy.
Amendment 89 #
2015/2254(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, the rule of law is the backbone of European liberal democracy, and is one of the founding principles of the European Union stemming from the common constitutional traditions of all Member States
Amendment 102 #
2015/2254(INL)
Motion for a resolution
Recital D
Recital D
D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serrequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligatiouns threat to the stability, securityderiving from the Treaties and pfrosperity of the Union;m international law.
Amendment 105 #
2015/2254(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and in their legal systems, hence it is of vital importance to establish an area of freedom, security and justice without internal borders
Amendment 106 #
2015/2254(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas such confidence has been seriously damaged in recent years and current challenges, the Union faces, require even closer cooperation in the field of police and justice cooperation, the Schengen area, and asylum and migration policies in order to ensure the welfare and security of citizens and those in need of international protection alike, this confidence has to be rebuilt
Amendment 110 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities;, hence an independent, impartial judiciary with the responsibility to interpret them plays a vital role
Amendment 127 #
2015/2254(INL)
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF)a high level of protection of democracy, rule of law and fundamental rights (DRF) is the sine qua non for guaranteeing cultural diversity and national traditions;
Amendment 136 #
2015/2254(INL)
Motion for a resolution
Recital G
Recital G
G. whereas a high degree ofsafeguarding the rule of law and effective justice systems plays a key role in creating confidence, and hence also for an investment-friendly environment, restoring confidence, and for providing greater regulatory predictability and sustainable growth;
Amendment 139 #
2015/2254(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the European Parliament, in its resolution of 8 September 2015 on the situation of fundamental rights in the EU (2013–2014), called on the Commission to establish a scoreboard on the basis of common and objective indicators that would enable it to carry out an annual country assessment of compliance with the rule of law and the situation of fundamental rights in all Member States of the European Union;
Amendment 149 #
2015/2254(INL)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas there is a strong link between corruption, conflict of interest and the quality of rule of law, national authorities investigating, combating or prosecuting such crimes shall be closely monitored; preserving the integrity of the public sector is a key element of rule of law
Amendment 159 #
2015/2254(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice;
Amendment 176 #
2015/2254(INL)
Motion for a resolution
Recital L
Recital L
Amendment 220 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
Amendment 244 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 280 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union;
Amendment 283 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that while the main purpose of such a mechanism is to prevent and correct breaches of Union values, suggests that such mechanism also contains possible sanctions that can act as effective deterrence such as freezing of EU funds or other fines;
Amendment 327 #
2015/2254(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. InvitWelcomes the CJEU to make proposals in order to speed up its procedures, with a view to improving access to justicreform of the Court of Justice of the European Union, through which the number of judges at the Court is gradually being increased in order to handle the fwor individuals challenging violkload and reduce the durations of DRF; procedures;
Amendment 353 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
- Article 2 TEU to becomIntroducing an article in the Treaty on the Functioning of the European Union to provide a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure, on the basis of the values set out in Article 2 TEU,
Amendment 357 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 1 a (new)
Paragraph 9 – indent 1 a (new)
- Changing the prerequisite for a European Council decision set out in Article 7(2) TEU from unanimity to a qualified majority;
Amendment 366 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
- Enabling individualsnatural or legal persons who are directly and individually affected by an action to bring actions before the CJEU against a Member State,
Amendment 373 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 502 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.1
Annex – Article 8 – point 8.1
8.12. Indicators for Democracy – Free elections at reasonable intervals by secret ballot – Separation of powers – The impartial nature of the state – decisions after elections – checks and balances which ensure that the impartial state is not called into question – institutions, based on the immutability of the constitution – Freedom and pluralism of the media – corruption –, including conflict of interest, corruption, transparency and accountability The reversibility of political The existence of institutional The permanence of the state and – Freedom and pluralism of the media Integrity and absence of Transparency and accountability – Title V of the Charter of Fundamental Rights of the European Union ('the Charter')
Amendment 512 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
8.21. Indicators for the Rule of Law:
Amendment 515 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 6
Annex – Article 8 – point 8.2 – indent 6
Amendment 612 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard, if a Member State receives onthree or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.
Amendment 1 #
2015/2222(INI)
Draft opinion
Recital A
Recital A
A. whereas 18 Member States recognise forms of participcodetermination, consultation and information of workers;
Amendment 8 #
2015/2222(INI)
Draft opinion
Recital C
Recital C
C. whereas workers’ rights to representation on company boards are recognised by the primary and secondary law of the EU, in the fifth paragraph of the Preamble of the Charter of Fundamental Rights of the European Union, and in Article 153 TFEU, which emphasises the fundamental right for workers on information and consultation within the undertaking set out in Art. 27 of the Charter of Fundamental Rights of the European Union;
Amendment 10 #
2015/2222(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to provide a coherent framework for the political and legislative instruments of company law already in force in the field of workers’ participcodetermination;
Amendment 20 #
2015/2222(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is worried about the impact that the proposal for a directive on single-member private limited liability companies could have on workers’ rights, in particular workers’ representation; therefore calls on the Commission to withdraw the proposal for a directive on single- member private limited liability companies;
Amendment 24 #
2015/2222(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to submit a proposal on the crossborder transfer of seats, the so called "14th Company Law Directive" as requested by the Committee on Legal Affairs in 2012;
Amendment 35 #
2015/2222(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to consider making a proposal on how to introduce permanent forms of workers’ participcodetermination, by ensuring common minimum standards for information, consultation and participcodetermination;
Amendment 42 #
2015/2222(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reaffirms the right of workers to elect their own representatives, in accordance with the national representation systems, and supports the idea of presenting gender- balanced lists of candidates, in order to create a legal environment for future legislative initiatives to enhance the gender balance in companies;
Amendment 52 #
2015/2222(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to define common minimum criteria for workers’ representation at board level, notably on the size of the company, on balanced gender representation, and on the extension of the right to participateof codetermination in public and semi-public companies;
Amendment 53 #
2015/2222(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reaffirms the necessity to create a body of workers representation in order to ensure the balance of opposite parties´ interests; furthermore calls on the Commission to introduce a co- determination scheme of mandatory quotas in relation to the size of the company: - For companies from 50 to 250 employees (also taking into account direct and indirect subsidiaries), two or three workers representatives should be part of the management; - For companies up to 1,000 employees (also taking into account direct and indirect subsidiaries), workers should be represented to the extent of one third of the board; - For large companies with more than 1,000 employees (also taking into account direct and indirect subsidiaries), a strong parity between workers and employers should be established;
Amendment 56 #
2015/2222(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to submit legislative proposals and financial instruments aimed at promoting enhanced information, participcodetermination and consultation of workers.
Amendment 10 #
2015/2128(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Encourages the Council to give a new impetus to the negotiations on the PIF Directive in order to strengthen the existing legal framework by establishing common minimum rules for the definition of offences affecting the Union’s financial interests and by laying down sanctions and time limits for such cases, particularly in view of the decision of the Court of Justice of the European Union in the Taricco case, in which it was established that there a direct connection between the levying of VAT in the Member States and the financial interests of the EU;
Amendment 14 #
2015/2128(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its call to the Council to keep the Parliament – which will ultimately have to approve the proposed legislative act – informed of and closely involved in the current negotiations for the establishment of the EPPO and recalls the recommendations made in its resolutions of March 2014 and April 2015;
Amendment 16 #
2015/2128(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern about the estimated losses on VAT collections in the EU, amounting to EUR 168 billion; reiterates therefore that VAT fraud should be governed by the PIF Directive in order to assign to a future European Public Prosecutor’s Office the power to investigate this offence and prosecute suspected offenders;
Amendment 17 #
2015/2128(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls, therefore, for Article 325 to be implemented right across the spectrum of Union policies, and for action not just in response to cases of fraud but also to prevent them; for compliance with Article 325, and particularly paragraph 5 on annual reports, on which there is currently a year’s delay; for simplification, especially, of the way that EU subsidies are used in cohesion policy; for adherence to agreed procedures and for the ratification of the agreements on combating fraud at regional and international level which have been concluded between the Union and third countries or third-party organisations; for follow-up on the action plan and recommendations in Parliament’s resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken (2013/2107(INI)), especially recommendations 130 (on the visibility of measures by the Member States to combat organised fraud and crime) and 131 (on a general action plan for the period 2014- 2019 to eradicate organised crime, corruption and money laundering – points i-xxii); for every effort to be made to secure the speediest possible adoption of the plan for a European Public Prosecutor’s Office and the directive on common anti-fraud measures under criminal law; for the initial results of implementation of the Money Laundering Directive to be made available; and for more information to be provided about the anti-corruption instruments used by the European Anti-Fraud Office (OLAF) and about the coordination of Member States’ procedures for recovering monies disbursed as a result of fraud.
Amendment 22 #
2015/2128(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s first Anti- Corruption Report and its recommendations to the administrations of the Member States, and calls on the Commission to publish its second Anti- Corruption Report no later than the beginning of 2016, in its next report, which is expected no later than the beginning of 2016, to include a chapter containing proposals for a strategy to improve external auditing of the EU Institutions among measures to fight corruption;
Amendment 22 #
2015/2128(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for every effort to be made to secure the speediest possible adoption of the plan for a European Public Prosecutor’s Office and the directive on combating fraud to the Union’s financial interests by means of criminal law (the so- called PIF Directive); calls on the Council to keep Parliament informed, on an ongoing basis, about the latest state of play in negotiations about the European Public Prosecutor’s Office; points out that the Court of Justice of the European Union, in its judgment in Case C-105/14 of 8 September 2015, found there was a direct link between the levying of VAT in the Member States and the EU’s financial interests; reiterates therefore that VAT fraud should be governed by the PIF Directive in order to assign to a future European Public Prosecutor’s Office the power to investigate this offence and prosecute suspected offenders.
Amendment 57 #
2015/2063(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a successful security policy has to address the underlying factors of extremism and radicalisation, such as intolerance and discrimination by promoting political and religious tolerance, developing social cohesion and inclusiveness and facilitating reintegration;
Amendment 175 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publishropose guidelines on measures to be implemented in Europe's prisons aimed at preventing Europeaninmates from becoming radicalised; recommends that the Member States segregate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation on other inmates and to contain radicalisation in those institutions and containing the spread of radicalisation;
Amendment 207 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicals in prison; considers that accompanying measures should also be offered subsequently to the release from prison;
Amendment 208 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicalised inmates in prison; stresses the need to address prison radicalisation with utmost respect for the human rights of inmates;
Amendment 239 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role incan be a platform for fuelling the radicalisation of European citizens, as it facilitates the rapid, large- scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have especially on younger people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giantsindustry with a view to preventing the online distribution of hate messages and to eradicating them swiftlincitement to violence at the request of the responsible law enforcement authority;
Amendment 280 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giantonsiders that the internet industry and service providers should develop powerful and attractive narratives to counter hate speech and radicalisation online and calls on the Commission and Member States to assist them in that effort; calls on the digital companies and corporations to cooperate with the EU and Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 296 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. States that the internet giantindustry and service providers, through internet referencing, have the power tomay promote radicalisation prevention messages aimed at countering messages that praise terrorism; feels that it is thus their duty to highlight messages that oppose hate speech and praise for terrorism, thereby making online radicalisation more difficult;
Amendment 305 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to flag illegal content circulating on the internet and on social media networks easily and quickly, while respecting basic freedoms andfundamental rights, especially freedom of expression;
Amendment 338 #
2015/2063(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Considers that all measures and new policy making on the part of the EU and of the Member States must obey the proportionality principle and be compliant with fundamental rights and EU values and principles; is of the view that judicial checks must be introduced in all new legislation on the matter, especially in areas where this might impact on freedom of expression and freedom of the media;
Amendment 353 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing radicalisationthe spread of violent extremism; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues in schoolstolerance and anti-discrimination in schools; highlights that Member States should also ensure that schools' education internal functioning respect and promote the fundamental values of the Union (non-discrimination, contribution from all minorities to Europe, democratic participation, respect for diversity, critical thinking and individuality);
Amendment 446 #
2015/2063(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. supports the formation of support and counselling centres, which can be contacted by people fearing the radicalization of relatives or friends;
Amendment 459 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 476 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of relevant information between the law enforcement authorities in the Member States and the relevant EU agencies, subject to the appropriate data protection and privacy safeguards; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust;
Amendment 508 #
2015/2063(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that criminalising terrorist acts carried out by foreign fightersEuropean citizens and foreigners residing in the EU who join terrorist groups abroad may requires the collection of evidence in third countries to be possible; calls, therefore, on the European Union to work on establishing judicial cooperation agreements with third countries in order to facilitate such processes; ; recalls, however, that the collection of evidence, interrogation and other such investigative techniques must be carried out within strict legal standards, must respect EU laws, principles and values and international human rights; in this regard, warns that the use of cruel, inhuman and degrading treatment, torture, extra-judicial renditions, kidnapping is prohibited under international law and shall not take place for the purpose of collecting evidence of criminal offences committed inside the territory of the EU or outside of its territory by EU nationals; calls, therefore, on the European Union to work on establishing judicial cooperation agreements with third countries in order to facilitate such processes, with clear human rights safeguards under judicial control; additionally, stresses that it is also of vital importance to support victim groups and communities to collect evidence, as part of justice and of future reconciliation;
Amendment 617 #
2015/2063(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Suggests that Member States examine the idea of including mentors in the process to deradicalise EU citizens who have returned from fighting for terrorist organisations, to help support them in their reintegration into society; underlines the necessity for a better best-practice exchange among member states to that respect;
Amendment 637 #
2015/2063(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Supports measures to weaken terrorist organisations from the inside and lessen their potential influence on EU citizens and non-EU nationals legally residing in the EU; urges the European Union to look into ways of dismantling jihadterrorist networks and identifying how they are funded; encourages the Commission to propose a regulation on identifying terrorism fuand countering the ways in which they are funded; encourages Member States to implement the highest standards of transparency concerning access to information on beneficial owners of all corporate structures in the EU and ing channel opaque jurisdictions, which can be vehicles to finance terrorist organisations;
Amendment 1 #
2015/2041(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to its decision of 15 April 2014 on the modification of the inter- institutional agreement on the Transparency Register1 (EU lobby register); __________________ 1 Texts adopted, P7_TA(2014)0376.
Amendment 18 #
2015/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls theSuggests that there is a need to improve the transparency of legislative negotiations, including trialogues; notes in particular that, under Rule 73(4) of the Rules of Procedure of the European Parliament, after each trialogue the negotiating team must report to the committee responsible and make available to it documents reflecting the outcome of the last trialogue; calls, therefore, for both the oral report and the documents to contain detailed information on the state of the trialogue negotiations; calls furthermore for a list of the dates of trialogue meetings and the names of the participants to be made publicly accessible.
Amendment 22 #
2015/2041(INI)
Motion for a resolution
Recital D
Recital D
D. whereas non-transparent, one-sided lobbying can poses a significant threat to the integrity of policy-makers, policy-making and to the public interest;
Amendment 28 #
2015/2041(INI)
Motion for a resolution
Subheading 1
Subheading 1
Introducing a legislative footprint, making the lobbtransparency register as mandatory as possible
Amendment 37 #
2015/2041(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the Commission, Parliament and the Council should record and discloseevaluate if all input received from lobbyists/interest representatives on draft policies, laws and amendments as a ‘legislative footprint’could be collected centrally, e.g. by the Committees’ secretariats, and made public online; suggests that thisa legislative footprint should consist of a formbe annexed to reports, detailing all the lobbyists with whom thoseconsisting of a form, detailing organizations with which the rapporteur in charge of a particular file have mets been in contact with in the process of drawing up each report and a second document listing all written input received;
Amendment 70 #
2015/2041(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests that the Code of Conduct should be amended so as to make it mandatory for rapporteurs and committee chairs toshould adopt the same practice of exclusively meeting lobbyists registered lobbyin the Transparency Registser and publish information on such meetings online and for rapporteurs to publish a legislative footprscheduled meetings having the purpose to influence EU-legislation onlinte;
Amendment 79 #
2015/2041(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 88 #
2015/2041(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its longstanding call to back up the EU lobbtransparency register with a legal act, if it is not possible to close all loopholes and achieve a fully mandatory register for all lobbyists with an inter- institutional agreement; considers that the proposal for this legal act could take into account the progress achieved by changes in the inter- institutional agreement and Parliament’s Code of Conduct;
Amendment 94 #
2015/2041(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its call to the Council to join the lobbtransparency register as soon as possible;
Amendment 101 #
2015/2041(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers lobby transparency through monthly reporting by lobbyists about their meetings as a keyof lobbying activities as an essential element for future EUa better legislationve process in the EU;
Amendment 104 #
2015/2041(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, when interpreting ‘inappropriate behaviour’ within thBelieves that the Rules of Procedure should be ameanded ing of point (b) of the Code of Conduct, this expression should be taken to include turning down formal invitations to hearings or committees without sufficient reasonrder to withdraw access badges to the European Parliament from representatives of organisations that have refused to cooperate with a parliamentary inquiry; believes that repeated incidents should lead to a temporary suspension from the EU transparency register;
Amendment 116 #
2015/2041(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that registered law firms which are also active in lobbying should declare in the lobbtransparency register all clients on whose behalf they perform covered activities with the purpose of influencing EU- legislation; points out that law firms can only refer to the attorney client privilege when giving legal advice;
Amendment 124 #
2015/2041(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Bureau to restrict access to Parliament’s premises for non-registered organisations or individuals by makEmphasises that the European Parliament as the European citizens’ chamber should retaing all visitors to its premises sign a declaration that they are not lobbyists falling within the scope of the register or otherwise declare their n open door policy towards the citizens and that no unnecessary obstacles should be created, which could discourage citizens from visiting the European Parliament’s pregmistrationes;
Amendment 132 #
2015/2041(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes it to be necessary, as a matter of urgency, to introduce a proper monitoring system for submitted information in order to ensure that the information that registrants provide is meaningful, accurate, up-to-date and comprehensive; calls in this regard to substantially increase the resources of the Transparency Unit within the European Parliament and the Joint Transparency Register Secretariat;
Amendment 143 #
2015/2041(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that at least 5 % of declarations should be checked by the Transparency Unit each year;
Amendment 154 #
2015/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that representations of national, regional and local governments should not fall under the EU lobby register if they have their own mandatory lobbtransparency register, and do not offer workspace for private or corporate actors within their representationss they are part of the EU’s multi-level system of governance;
Amendment 170 #
2015/2041(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the members of the Advisory Committee chosen from among Members of the European Parliament should be complemented by a majority of externally chosen members who must be qualified experts in the field of ethics regulation and should be drawn from an open call and include members of civil society; omposed of MEPs should be chosen according to their expertise, inter alia in accounting, legal affairs and ethics regulation; underlines that the composition of the Advisory Committee must at the same time reflect the political balance in the European Parliament, for example through a rotation system;
Amendment 183 #
2015/2041(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the Code of Conduct should be amended to additionally empower the enlarged Advisory Committee to adopt final decisions instead of the Presidentinitiate the procedure for investigating a possible breach of the code of conduct for MEPs, and to empower the Conference of Presidents to adopt final decisions instead of the President; requests that the Advisory Committee is informed about the final decision in due course;
Amendment 186 #
2015/2041(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deems it necessary that the Advisory Committee has access to information and documents relevant to cases it has to examine, including the results of OLAF investigations;
Amendment 195 #
2015/2041(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that the Rules of Procedure should be amended with regard to Members’ declarations of financial interests to task the Advisory Committee andintroduce more accurate categories for income from external sources and to task the supportive administration with factual checks in samples and to empower them to ask for proof where necessary;
Amendment 222 #
2015/2041(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 261 #
2015/2041(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that for Members of the Commission the ‘cooling-off period’ should be extended to three years and that a two-year cooling-off period should also apply to all Commission staff involved in the drafting or implementation of EU legislation or treaties, includall EU officials including temporary, contract agents and national experts must undergo full training contract staff how to deal with lobbyists;
Amendment 277 #
2015/2041(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Supports the Ombudsman’s call for entry in the lobbtransparency register to be made a requirement for appointment to expert groups provided that the Members concerned are not government officials and do not receive all or the vast majority of their other income from state institutions such as universities;
Amendment 290 #
2015/2041(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers control by Parliament of the financing of European political parties to be an unnecessary conflict of interestNotes that under Regulation No 1141/2014 applying from 1 January 2017 the total amount of Union funding awarded to the eligible European political parties and foundations is determined under the annual budgetary procedure and that the distribution between the eligible European political parties and foundations follows a fixed distribution key; notes further that the control with respect to Union funding is exercised by the independent Authority for European political parties and European political foundations on the basis of external audit reports, whose decisions may be the subject of court proceedings before the Court of Justice of the European Union;
Amendment 293 #
2015/2041(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 310 #
2015/2041(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for citizens to have the same right of appeal whenon all EU-institutions to handle citizens’ requestings for information asin they enjoy when requesting specific documents most favourable manner, without prejudice to the right of citizens to get access to specific documents under Regulation (EC) No 1049/2001;
Amendment 326 #
2015/2041(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Requests that the Commission make sure that non-EU actors which receive EU funds should be as aceffectively countable as EU institutions are wrols then spending such fundof EU funds by non-EU actors;
Amendment 351 #
2015/2041(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Believes that the chairs of Parliament’s committees should proactively publish minutes and all documents used in trialoguesInsists that Parliament’s negotiators in trilogues fulfil their obligation under Rule 73 (4) of the Rules of Procedure to report back to the following meeting of the responsible committee and to make documents available which reflect the outcome of the last trilogue; calls for both the oral report and the documents to contain information on the state of the trilogue negotiations; calls furthermore for a list of the dates of trilogue meetings and the names of the direct participants to be made publicly accessible;
Amendment 361 #
2015/2041(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Presidency of the Council to include allonsiders that Parliament and the Council ought to provide for more transparency in trialogue documents in the documents register to allow for access in accs and conciliation procedures; recalls the need to improve the transparency of legislative negotiations and underlines the impordtance with Regulation (EC) No 1049/2001of publishing the progress of negotiations after each trilogue;
Amendment 369 #
2015/2041(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. TakWelcomes the view that Members should have access to all Commission documents, where necessary under exceptional circumstances through a reading roomagreement between the European Parliament and the European Commission of 2 December 2015, which gives Members full access to all documents with regards to the TTIP negotiations;
Amendment 378 #
2015/2041(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Deems it unacceptable that Parliament has less, or less open,Members of the European Parliament have less access to documents in trade negotiations than some members of national parliaments;
Amendment 388 #
2015/2041(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Calls on the Council to publish the negotiation mandates for international trade negotiations;
Amendment 396 #
2015/2041(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Believes that, when the Commission engages in trade negotiations, it should publish the negotiation mandates, all negotiating positions, and all requests and offers and all consolidated draft negotiation texts prior to each negotiation round, so that the European Parliament and national parliaments, as well as civil society organisations and the wider public, can make recommendations thereon before the negotiations are closed for comments and the agreement goes to ratification; underlines that the Commission must also persuade negotiating partners to increase transparency at their end to make sure that this is a reciprocal process in which the EU's negotiating position is not compromised;
Amendment 404 #
2015/2041(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Commission to propose an inter-institutional agreement in order to codify those principles for all trade negotiations, as foreseen under paragraph 40 of the draft inter-institutional agreement on Better Law-Making;
Amendment 422 #
2015/2041(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. RegretNotes the Ombudsman’'s finding that mostsome EU institutions have not yet properly implemented rules to protect whistleblowers; points out that to date onlythe European Parliament, the Commission, the Ombudsman and the Court of Auditors have adopted such rules;
Amendment 426 #
2015/2041(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Believes effective whistleblower protection to be a key weapon against corruption and therefore reiterates its call to the Commisscalls on the Member States and the EU-institutions to prepare a whistleblower protection directive, including minimum Europe-wide standards of protectionensure the protection of whistleblowers on their respective level;
Amendment 440 #
2015/2041(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. "Believes that the ongoing review of EU elecpolitical parties are best placed to contribute to the fight against corruption lawand should include a rule thattherefore play a stronger role on this issue by excluding persons found guilty of high-level corruption against the EU’'s financial interests or within Member States may not run for office in the next two terms of the European Parliamentfrom electoral lists for European elections";
Amendment 10 #
2015/0809(CNS)
Draft legislative resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to assess, after the entry into force of the new Europol Regulation, the provisions contained in the cooperation agreement; calls on the Commission to inform the Parliament and the Council of the outcome of this assessment and, if appropriate, to submit a recommendation for an authorisation to open international renegotiation of the agreement;
Amendment 5 #
2015/0808(CNS)
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 35 #
2015/0269(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 41 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies and persons concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated.
Amendment 56 #
2015/0269(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) It is necessary to include minimum requirements for safe storage of firearms in this Directive. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 69 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian use. The classification of weapons in category "A" should be carried out on the basis of technical and objective criteria.
Amendment 74 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easily erased and to clarify on which components thethat markings should be affixed on all essential components of a firearm, common Union rules on marking should be introduced.
Amendment 82 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokers. However, an exception to this rule may be permissible if, following an on line sale, the firearm in question or its essential components can be collected by the person acquiring the firearm only at the premises of police or other competent authorities of Member States as determined under national law.
Amendment 105 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
1h. For the purposes of this Directive, "replica firearms" shall mean objects that have the physical appearance of a firearm, – excluding toy weapons clearly designed for children – but are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustible propellant.
Amendment 123 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that all the essential components of any firearm or part placed on the market hasve been marked and registered in compliance with this Directive.
Amendment 129 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and its essential components, Member States shall, at the time of manufacture of each firearm or each essential component for that firearm or at the time of import to the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 132 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 136 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm or any of its essential components from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government.
Amendment 142 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
This filing system shall record each firearm's type, essential components, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 169 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditised suitability tests, consisting of an evaluation of the physical and cognitive abilities and the psychological well-being of the persons referred to in paragraph 1 for the issuing or renewing authorisations as referred to in paragraph 1. If the result of this suitability test indicates that a person is not suitable for the acquisition and possessions on the basis of which it was granted is no longer metf a firearm, then the Member States in question shall not grant or shall withdraw the authorisations as referred to in paragraph 1.
Amendment 174 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2a (new)
Article 5 – paragraph 2a (new)
(2a) Provided that the correct procedure is followed for the standardised test, no liability shall attach to the authority or the individual conducting the suitability test in relation to the actions of a person subject to that test.
Amendment 175 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2b (new)
Article 5 – paragraph 2b (new)
(2b) Member States shall withdraw the authorisations referred to in paragraph 1 if any of the conditions contained in this Article are no longer met.
Amendment 179 #
2015/0269(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Since brokers provide services similar to those of dealers, they should also be covered by this Directive and should be subject to the same obligations as dealers in all relevant respects.
Amendment 182 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1a (new)
Article 6 – paragraph 1a (new)
For the purposes of national defence, and without prejudice to paragraph 1, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition by reservists or other specifically defined categories of individuals, where this is not contrary to public security or public order.
Amendment 186 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – subparagraph 2
Article 6 – subparagraph 2
Member States may authorise bodies or persons concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b). or where they have been exempted from deactivation on grounds of the conservation of cultural and historical heritage and if it can be demonstrated that their storage does not put public safety and security or public order at risk.
Amendment 187 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearms.
Amendment 197 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. Member States may derogate from this rule if, following an on line sale, the firearm in question or its essential components can be collected by the person acquiring the firearm only at the premises of police or other competent authorities of Member States as determined under national law.
Amendment 224 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10c (new)
Article 10c (new)
Article 10c Member States shall ensure that a person who lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm and the ammunition for that firearm are secured from loss or theft and are not accessible to third parties.
Amendment 247 #
2015/0269(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to include minimum requirements for safe storage of firearms in Directive 91/477/EEC. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 285 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive 91/477/EEC and by maintaining them under the category to which they respectively belonged before their transformation. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 354 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1g
Article 1 – paragraph 1g
1g. For the purposes of this Directive, "salute and acoustic weapons" shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre performances, photographic sessions, movies and television recordings.
Amendment 365 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
1h. For the purposes of this Directive, "replica firearmfirearm reproductions" shall mean objects that have the physical appearance of a firearm, but and are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustibled propellant.
Amendment 374 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parcomponents of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
Amendment 419 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partessential component thereof placed on the market: (a) has been marked and registered in compliance with this Directiveprovided with a unique marking, which is clear and permanent; and (b) that marking is registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt implementing acts establishing technical specifications for the marking. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b.
Amendment 459 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 481 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall makregulate the pursuit of the activity of dealers or brokers within their territory, making it conditional upon authorisation on the basis of at leastthe following measures: (a) registration of brokers and dealers operating within their territory; (b) licensing or authorisation of the activities of brokers and dealers; (c) a check of the private and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 502 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b
Article 4b
Amendment 529 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 572 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the first subparagraph of this paragraph, Member States may establish or maintain a system of monitoring on a continuous or periodic basis.
Amendment 576 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall withdraw the authorisations referred to in paragraph 1 if any of the conditions laid down in this Article is no longer met.
Amendment 585 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In special cases for reasons of national security and defence the competent authorities may grant strictly limited authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 710 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purpose of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard toby electronic means via a data-exchange platform or interoperable data-exchange platforms, including, without limitation, information on the structure of their computerised data-filing systems as referred to in Article 4(4) with a view to enabling their interconnection with other existing instruments concerning: (a) their application of Articles 5 and 6; (b) authorisations granted for the transfer of firearms to another Member State; and (c) refusals to grant authorisations as definedprovided for in Article 7.
Amendment 715 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusals and the establishment and maintenance of a European platform for data exchange. The Commission shall adopt the first such delegated act by ... [9 months after the date of entry into force of this Amending Directive].
Amendment 780 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 785 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8 a (new)
Annex I – part II – point A – category A – point 8 a (new)
8a. Any firearm under category A which has been converted into a salute and acoustic weapon.
Amendment 805 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm under category B which has been converted to a salute and acoustic weapon."
Amendment 807 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii b (new)
Article 1 – point 13 – point a – point ii b (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 b (new)
Annex I – part II – point A – category B – point 7 b (new)
(iib) in category B, the following point is added: "7b. Firearms classified in points 1 to 7 of category A after having been deactivated."
Amendment 816 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replica and reproduction firearms;
Amendment 818 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5 a (new)
Annex I – part II – point A – category C – point 5 a (new)
5a. Any firearm under this category having been converted to salute and acoustic weapons.
Amendment 18 #
2015/0068(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The principle must apply that companies pay taxes in the countries in which they generate their profits. This requires the profits to be recorded in a country-specific manner.
Amendment 1 #
2014/2257(INI)
Motion for a resolution
Citation 8
Citation 8
– having regard to the Commission report of 31 AprilMarch 2015 on the European Citizens’ Initiative,
Amendment 6 #
2014/2257(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Citizens’ Initiative is an extraordinary and innovative tool of participatory democracy in the European Union, whose potential must be exploited fully and enhanced in order to achieve the best resultencourage as many citizens of the Union as possible to participate in the further development of the European integration process;
Amendment 10 #
2014/2257(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, three years on from the entry into application of Regulation 211/2011 on 1 April 2012, it is necessary to thoroughly evaluate its implementation in order to identify any shortcomings and to propose viable solutions for its prompt reviewsion;
Amendment 11 #
2014/2257(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the majority of organisers of European Citizens’ Initiatives (ECIs) have encountered a number of difficulties in setting up an ECI, in relation to both practical and legal aspects, and whereas the organisers of several rejected ECIs have consequently submitted complaints to the Court of Justice and the European Ombudsman against the Commission’s decision, as has emerged from extensive contact with civil society and from research on not to register their ECIs;
Amendment 14 #
2014/2257(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of institutions, NGOs, think tanks and civil society groups have considered the various deficiencies in the implementation of the Regulation on the Citizens’ Initiative and in the organisation of ECIs and have proposed many improvements;
Amendment 24 #
2014/2257(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 33 #
2014/2257(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to provide as much guidance as possiblcomprehensive guidance – especially of a legal nature – to organisers of ECIs via the Europe Direct Contact Centre, so that they are aware of the possibilities open to them and will not fail by proposing an ECI that is outside the Commission’s powers, or else to assign the task of giving advice to another independent company or body so as to avoid a possible conflict of interest within the Commission itself; notes, however, that under the Treaty of Lisbon the issues raised by ECIs may not correspond entirely tomanifestly outside the Commission’s jurisdictionpowers; takes the view, furthermore, that the Commission should consider setting up a dedicated ECI office at its representations in each Member State;
Amendment 49 #
2014/2257(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that under the terms of Article 4 of Regulation 211/2011, in the event of a refusal by the Commission to register an ECI, ‘the Commission shall inform the organisers of the reasons for such refusal and of all possible judicial and extrajudicial remedies available to them’; acknowledges, in this connection, the many complaints from organisers about not receiving detailed and exhaustive reasons for the rejection of their ECIs, and; invites the Commission to provide as many elements as possible in order to explain the reasons and guide organisers to a possible solutionexplain in detail the reasons for rejection of an ECI if in its view an ECI which has been submitted is ‘manifestly outside the Commission’s powers’ and at the same time to inform the organisers of the relevant legal considerations, so that they can decide whether to revise their ECI and resubmit it in a modified form;
Amendment 54 #
2014/2257(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Commission to consider the possibility of registering only part of an initiative in the event that the entire ECI does not fall within the Commission’s powers, and to give the organisers, at the time of registration, an indication as to which part they could register;
Amendment 61 #
2014/2257(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve the user-friendly character of its software for the online collection of signatures and in particular to make it more accessible for people with disabilities, and to offer its servers for the storage of online signatures for free on a permanent basis;
Amendment 64 #
2014/2257(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Invites the Commission to reconsider the automatic start of the signature collection period following the registratCalls for an end to the automatic link between the registration of an ECI and the beginning of the 12-month period within which expressions of an ECI and to allow the organisers to decide when it should beginsupport can be collected, so that the organisers of an ECI themselves can decide when they wish to start to collect expressions of support;
Amendment 71 #
2014/2257(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Deems it too complicated for organisers to provide different personal data in support of ECIs in the 28 Member States, as laid down in Regulation 211/2011 on the basis of the various national provisions, and suggests that consideration be given to establishing an EU digital citizenship; calls on the Commission, therefcalls for the introduction of a uniform procedure for making statements of support; urges the Member States, accordingly, to dispense with personal identification numbers as a requirement for making a statement of support, since they are not only a needless bureaucratic obstacle to the collection of statements of supporet, to explore this issue in its digital agendabut are also not necessary in order to check the identity of a signatory;
Amendment 77 #
2014/2257(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the requirements for signatories under Article 3(4) to be amended and for the minimum age for supporting a citizens' initiative not to be tied to the right to vote in elections to the European Parliament, but, rather, to be uniformly set at 16 across the EU in order to give young people in particular the possibility of becoming actively involved in taking the European project forward;
Amendment 81 #
2014/2257(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges the delicate problem of organisers’ personal liability with regard to data protection when collecting signatories’ personal data, and proposes that the range of data required be reduced, or liability extended to volunteer campaigners, and that the wording of Article 13 of Regulation 211/2011, on liability, be changed to make it clear that personal liability is not unlimited; proposes, to this end, that citizens' committees should be able to acquire legal personality and that inspiration be drawn from Article 3 of Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, with a view to establishing that organisers are responsible for acts which are ‘unlawful and committed intentionally or with at least serious negligence’;
Amendment 83 #
2014/2257(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 86 #
2014/2257(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 97 #
2014/2257(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to revisefor revision of the wording of Article 10(c) of Regulation 211/2011 so as to allow propermore extensive follow-up to a successful ECI, including a parliamentary debate in plenary followed by a vote on the ECI; urges the Commission to start preparing a legal act on successful ECIs within 12 months of their acceptanceafter issuing a positive opinion;
Amendment 104 #
2014/2257(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that, in order to emphasise the political dimension of ECIs, a public hearing held under the terms of Article 11 of Regulation 211/2011 should be structured in such a way as to allow organisers to engage in a dialogue with Members of the European Parliament; stresses that hearings on ECIs should be organised byunder the auspices of a 'neutral' committee, i.e. a body that does not have the main responsibility for their subject- matter in terms of content, and that external experts should furthermore be involved at all times;
Amendment 113 #
2014/2257(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Invites the Commission to explore the possibility of fundingproviding financial support for ECIs through the EU budget, via European programmes such as the Europe for Citizens programme and the Rights, Equality and Citizenship programme, given that there is a real need for financial support for the organisation of ECIs and that numerous amendments to the EU budget have been submitted to this end;
Amendment 122 #
2014/2257(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s report of 31 AprilMarch 2015 on the ECI and calls on itEuropean Ombudsman decision OI/9/2013/TN, and calls on the Commission to ensure that, in its revision of this instrument, all the appropriate legal measures are implemented when an ECI is deemed to have been completed successfully;
Amendment 127 #
2014/2257(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission, in view of the various shortcomings which have arisen, to submit as soon as possible a proposal to revise Regulation No 211/2011;
Amendment 26 #
2014/2254(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of ensuring, in all Member States, effective and coherent protection of the rule of law and prevention of infringements of fundamental rights; recalls that Article 7 of the EU Treaty contains a mechanism for responding to any serious, persistent breach of the fundamental rights by a Member State; points, however, at the same time to the high obstacles in its implementation, in particular that the formal establishment of the existence of a serious and persistent breach of the fundamental values of the Union in a Member State in accordance with Article 7 (2) TEU requires unanimity in the Council;
Amendment 32 #
2014/2254(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes, therefore, the framework provisions adopted by the Commission on 11 March 2014 to protect the rule of law in the EU and the decision of the General Affairs Council of 16 December 2014 on the establishment of a continuous dialogue on the state of the rule of law in the EU between Member States in the Council, since both mechanisms should be applied prior to the initiation of proceedings under Article 7 TEU, and calls on the Commission and the Council to notify Parliament regularly;
Amendment 69 #
2014/2254(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
Amendment 71 #
2014/2254(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
– having regard to its resolution of 21 May 2013 on the EU Charter: standard settings for media freedom across the EU,
Amendment 83 #
2014/2254(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, the rule of law is the backbone of European liberal democracy, and is one of the founding principles of the European Union stemming from the common constitutional traditions of all Member States;
Amendment 86 #
2014/2254(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas respecting the rule of law is a prerequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligations deriving from the Treaties and from international law.
Amendment 92 #
2014/2254(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights in full;
Amendment 145 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas freedom of the press and freedom of opinion are fundamental freedoms and whereas diverse and independent media have a crucial function in shaping opinion and popular will in democratic societies, as they enable everyone to exercise their right to information,
Amendment 200 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) make provision for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the various parties involved, instituinstitutions of the European Union, like the Commission and FRA, the Council of Europe, the United Nationals and otherwisecivil society organisations, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and dialogue;
Amendment 203 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) ensure that the annual policy cycle is based on the compliance with the rule of law as it is a pre-requisite for the protection of fundamental rights
Amendment 219 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) develop, in cooperation with the FRA, a database that collates and publishes data onbe based on a system of annual country assessment, developed by the Commission and the Council, on the compliance with the rule of law and the situation regardingof fundamental rights in the EU and in individual Member States; reiterates, iall Member States of the European Union, based on data of FRA, Council of Europe and its Venice Commission and NGOs. In that connection, the need for the Commission to propose a revision of the FRA Regulation is essential in order to grant the FRA wider powers; in particular in relation to the situation assessment in each Member States and the possibility of the FRA auto-referral as part of an alert mechanism;
Amendment 224 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) bproadenvide clear indicators in order to assess the enforcement and respect of fundamental rights, and to trigger alert mechanisms in the case of violations. Such indicators could take the form of a fundamental rights scoreboard, possibly as an extension of the scope of the EU Justice Scoreboard t, which should also cover the assessment of criminal justice systems and of efforts to uphold fundamental rights and the rule of law; indicators should include clear data collection mechanisms, including equality data collection disaggregated according to the different discrimination grounds;
Amendment 241 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law is a good tool under the current legal framework provided by the Treaties; considers, however, that the proposed mechanism willmay not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 251 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
(a) making it part of the internal strategy on fundamental rights, as rule of law is a pre-requisite for the protection of fundamental rights in the European Union and its Member States;
Amendment 252 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point a a (new)
Paragraph 6 – point a a (new)
(aa) finding a way to make better use of the expertise of the Council of Europe and setting up a formal channel of cooperation in matters relating to the rule of law and fundamental rights;
Amendment 257 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
(b) clearly definifying the criteria for its application and ensuring that it is implemented swiftly without waiting for fundamental rights violations to materialise and considering setting up these criteria in a manner that any breach could automatically trigger the mechanism;
Amendment 264 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point c
Paragraph 6 – point c
(c) ensuring the full involvementand guaranteeing the use of all available data, at the launch and dialogue stages, not only of the Commission and the Member State in question, but also of the European Parliament, the Council, national parliaments, the FRA and civil society, and guaranteeing the use of all available data, the Council of Europe, and its Venice Commission and civil society;
Amendment 277 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the fact that the Council will hold debates on the rule of law; considers, however, that such debates are not the most effective ways to resolve any non-compliance with the fundamental values of the European Union; regrets the fact that it is neither informed nor involved into the organisation of these debates; calls on the Council to base its debates on the results of annual and specific reports of the European Commission, the European Parliament, the civil society, the Council of Europe and its Venice Commission and other parties involved, institutional and otherwise;
Amendment 279 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Council to push for a more ambitious plan on the rule of law framework that enables the various European institutions to monitor and safeguard Member States' compliance with the rule of law; either in form of a Treaty change, allowing the fundamental values enshrined in Article 2 to be monitored and safeguarded beyond the areas covered by EU law, or in form of a peer review, with the involvement of the European institutions and possibly the Council of Europe and its Venice Commission; considers that such ambitious plan should also foresee a more important role for the European Court of Justice that is not limited to procedural guarantees;
Amendment 281 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Council to find a common ground on the precise content of the principles and standards stemming from the rule of law that vary at national level and to consider the already existing definition of the rule of law of the European Court of Justice, as a starting point for debate, that include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law;
Amendment 336 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that free, independent, diverse and pluralist media, both online and offline, are a fundamental building block of democracy which contributes significantly to democratic opinion formation and decision making, and stresses the importance of a plurality of information sources for genuine freedom and diversity of the media; stresses that it is in the common interest to maintain, protect and promote free and independent media across Europe;
Amendment 384 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Is disturbed at the numerous instances of mistreatment of journalists, and other offences against their physical integrity, by participants in demonstrations; also deplores the numerous instances of the use of force against journalists by police and security forces during reporting on demonstrations, particularly the disproportionate use of non-lethal weapons such as truncheons, rubber bullets, tasers, etc.; calls on the Member States to ensure that the uniforms of law enforcement personnel bear a means of identifying the wearer and that such personnel are always held to account for their actions;
Amendment 466 #
2014/2254(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the EU and the Member States to ban all discrimination on grounds of gender identity and to combat and prosecute all forms of violence andEmphasises that regarding article 21 and 22 of the Charter of Fundamental Rights of the EU everyone is equal before the law and that any discrimination, including based on sex, shall be prohibited; urges the Member States to implement that ban on discrimination against womenresolutely;
Amendment 474 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges, due to the fact that 33 % of women in the EU since the age of 15 have experienced physical and/or sexual violence and 35 % of women before the age of 15 have experienced physical, sexual or psychological violence, the members states to combat and prosecute all forms of violence against women and girls;
Amendment 2 #
2014/2252(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes continued consideration ofObserves that the principles of subsidiarity and proportionality, which are guiding are fundamental principles for the European Union when it chooses to act;
Amendment 3 #
2014/2252(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. BelievesObserves furthermore that the principles of subsidiarity and proportionality represent the starting point for policy formulation; considers that it is not always the case that European action can achipolicy objectives can be achieved better at European level the policy objectives better thanan by means of national or regional initiatives may do, or even global efforts where the will for joint action exists;
Amendment 8 #
2014/2252(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 9 #
2014/2252(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the Commission’s annual reports are on an appropriate scale and that the aim of reporting on the application of the principles of subsidiarity and proportionality is suitably achieved;
Amendment 11 #
2014/2252(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Questions some ofNotes the assumptions made in the 2012 and 2013 Annual reports, such as that of classifying reasoned opinions submitted by national parliaments on a package of proposals as only one reasoned opinion, rather than a reasoned opinion on each of the individual proposals; believes that this is an inappropriate assumption, as objections raised on a package should be considered as an objection on each legislative proposal;
Amendment 13 #
2014/2252(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. ConsiderNotes that, when taken as a whole, the proportion of reasoned opinions has increased significantly as a percentage of total submissions when compared to 2010 and 2011; notes that in 2012 reasoned opinions represented 25 % of all submissions, while in 2013 they accounted for 30 % of submissions from national parliaments under the Protocol 2 process; expresses concern that an increasing proportion of the submissions made by national parliaments are raising strong reservations about compliance with subsidiarity;
Amendment 16 #
2014/2252(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls concerns raised in previous European Parliament reports regarding instances where subsidiarity had not been adequately addressed in impact assessments (IAs) prepared by the Commission; further recalls that the Annual Reports of the Impact Assessment Board (IAB) have raised this issue; expresses concernnotes that the IAB considered more than 30 % of IAs reviewed by them in 2012 and 2013 to have included an unsatisfactory analysis of the principle of subsidiarity; expresses serious concernnotes that this number rose to 50 % in 2014, and urges the Commission in its revision of the guidelines applying to IAs to address this issue and reverse this trend;
Amendment 18 #
2014/2252(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. StressNotes that thorough impact assessments which thoroughlyinter alia evaluate subsidiarity compliance are essentiala procedure to improve the trust of citizens, who often consider the subsidiarity principle a key aspect of the democratic process; highlights, therefore, that enhanced subsidiarity checks could be considered an important tool for reducing the so- called ‘democratic deficit’;
Amendment 19 #
2014/2252(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses disappointment at the response of the Commission to national parliaments in instances where yellow cards have been issued; believes that it is necessary forConsiders that the Commission tocould respond comprehensively to anyto concerns raised by national parliaments, and on an individual basis as part of a dialogue in addition to any published opinion; considers that it is also necessary for the Commission to appear before the relevant committee or committees of the Parliament to explain its position in detail;
Amendment 20 #
2014/2252(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that political dialogue is increasingly important in ensuring that subsidiarity is respected; considers that political dialogue should be improved not only in instances of a yellow or orange card, but as a general rule; welcomes in this regard the Juncker Commission’s undertaking to appear before more national parliaments, and calls for the Parliament to consider undertaking similar initiatives; believes that rapporteurs could be encouraged to engage more often with national parliaments, particularly as video-conferencing and other methods of online engagement are made easier and more effective;
Amendment 21 #
2014/2252(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the adoption of legal acts requires the agreement of a large majority within the Council, comprising the national ministers of all EU Member States, who are politically accountable to their national parliaments, and thus in that way too the principle of subsidiarity is fully respected;
Amendment 23 #
2014/2252(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses that, since the entry into force of the Lisbon Treaty, the ‘yellow card’ procedure has been used in two cases and the ‘orange card’ procedure not at all when national parliaments have examined the compliance of proposals with the subsidiarity principle; considers that what is of prime interest is rather the substance of proposals than the subsidiarity aspect; observes that many national parliaments are making greater use of the available scope for influencing the positions of the respective ministers within the Council;
Amendment 26 #
2014/2252(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the European institutions and the national parliaments still have much to do to creahould continue to work to promote a ‘subsidiarity culture’ across the European Union; recommends twoa particular initiatives which would aid better consideration of subsidiarity in the legislative process at present, namely facilitating greater inclusion of positions, perspectives or other suggestions made by national parliaments in the political dialogue, in particular in the course of preparatory work such as Green Papers or White Papers produced by the Commission, and undertaking to extend the period for consultation of national parliaments under the subsidiarity check contained in Protocol 2; considers that this could be achieved through a political undertaking agreed by the institutions and the national parliaments, in advance of any change to the Protocol itself;
Amendment 27 #
2014/2252(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that the eight-week time limit for the delivery of a reasoned opinion by national parliaments has essentially proven justified;
Amendment 29 #
2014/2252(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that a stronger approach is needed to fully recognise the principle of subsidiarity; considers therefore that the introduction of a stronger ‘red card’ procedure could be a positive first step; suggests that consideration should be given to what the appropriate number of national parliament responses should be in order to trigger such a procedure, whether it should be limited to subsidiarity alone or include proportionality grounds, and what its effect should be; views such a discussion as a useful stage in the evolution of the power given to national parliaments, aligning incentives to exercise scrutiny with effects at European levelthe approach adopted to date is sufficient to fully recognise the principle of subsidiarity;
Amendment 32 #
2014/2252(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 34 #
2014/2252(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that legislative proposals may change dramatically in the lead-up to adoption by the institutions; recalls that a check on compliance with the principle of subsidiarity is only undertaken at the outset and not at the conclusion of the legislative process; further recalls that impact assessments more generally are only prepared for the initial rather than the final stages of the legislative processof the legislative process, thus enabling national parliaments to become involved at an early stage;
Amendment 38 #
2014/2252(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CRecalls therefore for a furat ther subsidiarity check and full impact assessment to be undertaken at the conclusion of the legislative negotiations and in advance of the adoption of a final text, in order that compliance with subsidiarity can be guaranteed and that assessments including proportionality can be made; believes that such a ‘cooling off’ period would help policy-makers in assessing whether legislation complies with the principles of the Union, and would increase transparency about the results of periods of often rather intense negotiationby the Commission is absolutely essential in order to guarantee compliance with subsidiarity and proportionality before a legislative initiative is launched;
Amendment 342 #
2014/2249(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Takes the view that the independence of the President of the Commission could be increased if every Member State were to designate at least three candidates of both genders who could be considered by the elected President of the Commission for the purpose of constituting his or her Commission;
Amendment 386 #
2014/2249(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of the subsidiarity principle, as laid down in Article 5 TEU, which is binding on all institutions and bodies, notably the CoR and the EESC, and of the instruments contained in Protocol (No 2) on the application of the principles of subsidiarity and proportionality; supports a flexible interpretation of the deadlines enshrined in the Protocol and calls on the Commission to improve the quality of its responses to reasoned opinions;
Amendment 400 #
2014/2249(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that the pcooperactical possibilities foron between national parliaments to ensure the principles of subsidiarity and proportionality should be improved, and cooperation between national parliamentsshould be strengthened, to enable them, in close cooperation among themselves, to reach the necessary quorum under article 7(3) of the Protocol on the application of the principles of subsidiarity and proportionality;
Amendment 527 #
2014/2249(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Recalls that the euro is the currency of the Union and that the EU budget is designed to help less developed Member States catch up and become able to join the eurozone;
Amendment 709 #
2014/2249(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls on the Commission to set upadopt social criteria for the macro-economic evaluation of Member States’' performance, and to recommend and support structural reform, through the modification of Regulation No 1303/2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, to ensure better use of regional and social funds;
Amendment 879 #
2014/2249(INI)
Motion for a resolution
Paragraph 104 a (new)
Paragraph 104 a (new)
104a. Stresses that, according to Article 86 TFEU, a European Public Prosecutor's Office (EPPO) can be established to combat crimes affecting the financial interests of the EU (PIF crimes) only with the consent of the European Parliament; therefore reiterates the recommendations made in its decisions of March 2014 and April 2015 on the precise organisation of the EPPO and underlines that the EPPO Regulation should be adopted without delay so that the EPPO may have the power to investigate all PIF crimes, including VAT fraud, and prosecute suspected offenders;
Amendment 9 #
2014/2248(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 21 #
2014/2248(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the decision of the European Convention 2002-2003 to include Union symbols into the Treaties to make the common European identity visible,
Amendment 45 #
2014/2248(INI)
Motion for a resolution
Recital B
Recital B
B. whereas progress towards a Union that can really deliver on and achieve its goals are impaired by a failure of governance owing to a continuous and systematic search for unanimity in the Council (which is still based on the so- called Luxembourg Compromise) and the lack of a credible single executive authority enjoying full democratic legitimacy and competence to take effective action across a wide spectrum of policies; whereas recent examples such as the uncontrolled migrationinadequate management of refugee flows, the slow clean-up of our banks after the outbreak of the financial crisis and the lack of an immediate common response to the internal and external threat of terrorism have aptly demonstrated that the Union’s incapacity, paralysed by Member States, has not been able to respond effectively and quickly;
Amendment 51 #
2014/2248(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European Union cannot fulfil the expectations of the European citizens, because its primary law does not provide all the necessary instruments, competences and decision- making procedures to effectively tackle common challenges like migration, internal and external security, the economic and fiscal policies as well as social investment;
Amendment 72 #
2014/2248(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, instead of fostering the Union, the system whereby Member States make progress at different speeds in accordance with their different capacities and circumstances, further reinforced in the Lisbon Treaty, which introduced new formal methods of enhanced cooperation, has increased the complexity of the Union and accentuated its ‘variable geometry’; whereas more and more Member States are declining to agree on the goals and prefer ‘à la carte’ solutions, some of them even unilaterally the Treaties offer forms of flexible and differentiated integration on secondary law level through the instruments of enhanced and structured cooperation, whereby Member States make progress at different speeds in accordance with their different capacities and circumstances; whereas twenty years after its introduction the impact of enhanced cooperation remains limited; whereas enhanced cooperation has been granted in three instances, namely with regards to common rules for the applicable law for divorces of international couples, the European patent with unitary effect, and the introduction of a Financial Transaction Tax (FTT);
Amendment 99 #
2014/2248(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, as regards Schengen, the free movement of people and the resulting abolition of internal border controls, all formally integrated into the Treaties, ‘opt- outs’ were given to the UK and Ireland; whereas four other Member States are also not taking part, but have the obligation to do so, while ‘opt-ins’ were accorded to three countries outside the European Union; whereas this fragmentation not only prevents the total abolition of some remaining internal borders, but also hinders the establishment of a true internal market and of a fully integrated area of freedom, security and justice;
Amendment 155 #
2014/2248(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the unanimity requirement for the harmonisation of taxes prevents tackling harmful tax competition between Member States and the existence of tax havens within the European Union; whereas corporate tax rates significantly below EU-average and tax benefits for multinational corporations distort the functioning of the internal market, endanger the Member States’ tax income, and ultimately shift the tax burden towards citizens and SMEs;
Amendment 156 #
2014/2248(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the European Union is a constitutional system based on the rule of law; whereas the Treaties must be changed to give the European Court of Justice (ECJ) jurisdiction over all aspects of EU law, in particular common foreign and security policy (founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas the European Union’s existing instruments to assess and sanction breaches of these principles by Member States have proven insufficient; whereas infringement procedures launched against specific legal acts or actions by a Member State violating EU law are inadequate to address systemic breaches of the EU’s fundamental values; whereas under Article 7 (1) TEU the Council acts by a majority of four fifth of its members when determining a clear risk of a serious breach of the fundamental values, and pursuant to Article 24(17 (2) TEU) and monetary and economic policy (Article 126(10 the European Council acts by unanimity when determining the existence of a serious and persistent breach; whereas as a consequence neither the preventive measure under Article 7 (1) TEU nor the sanctioning mechanisms of Article 7 (2) and (3) TFEU); have been invoked;
Amendment 171 #
2014/2248(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the Treaties must be changed to give the European Court of Justice (ECJ) jurisdiction over the common foreign and security policy (Article 24(1) TEU);
Amendment 178 #
2014/2248(INI)
Motion for a resolution
Recital M
Recital M
M. whereas this review is also needed to rebalance the functioning of the Union, with the aim of less bureaucratic regulation and more effective policymaking; whereas this exercise also concerns the competences conferred on the Union that impair the abilitymore effective policymaking closer to the needs of the citizens; whereas the European Union requires the necessary competences to make progress towards some of its stated objectives such as the energy union, common migration managementand asylum management, social rights, combating unemployment, taxation and security policy;
Amendment 180 #
2014/2248(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas building systematic dialogue with civil society organisations and strengthening social dialogue, at all levels and in accordance with the principles laid down in Articles 11 TEU and 152 TFEU, are key to overcoming Euroscepticism and to reasserting the importance of Europe’s solidarity based dimension, social cohesion and the construction of a participatory and inclusive democracy, as a supplement to representative democracy;
Amendment 183 #
2014/2248(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas the role of the European Economic and Social Committee (EESC) and the Committee of the Regions (CoR) must be safeguarded as institutional representatives of civil society organisations, and regional and local actors;
Amendment 213 #
2014/2248(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas clarifications are still needed as regards the European elections and on the matter of who leads the Union; whereas, despite the outcome of the 2014 European parliamentary elections having, the 2014 European parliamentary elections through the nomination of lead candidates by the European political parties have led for the first time led directly to the nomination of the candidate for President of the Commission, a clear direct democratic link is still lacking, although the European Counci; whereas the supranational chas agreed to review the ‘Spitzenkandidat’ process in time for 201918 ; whereas, moreover, there is stillracter of the European elections should be further reinforced; __________________ 18 EUCO confclusion – not least among third parties – about the interrelationship of the Presidents of the Commission and the European Council; __________________ 18s of 27 June 2014. EUCO conclusions of 27 June 2014.
Amendment 234 #
2014/2248(INI)
Motion for a resolution
Recital R
Recital R
R. whereas, finally, the urgency for reform of the Union has been dramatically increased by the United Kingdom’s decision, through a referendum, to leave the European Union; whereas it is crystal clear that the negotiations to set out the arrangements for the UK’s withdrawal also need to take account of the framework for its future relationship with the Union; whereas this agreement must be negotiated in accordance with Article 218(3) TFEU and be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament;
Amendment 241 #
2014/2248(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the UK’s decision creates an opportunity to reduce and drastically simplify the ‘variable geometry’ and complexity of the Union; whereas it offers at least the opportunity to clarify what membership of the Union really means and what could be a clear structure in the future for the EU’s relationship with non- members in our periphery (the United Kingdom, Norway, Turkey, Ukraine, etc.); whereas the founding fathers of the Union had already envisaged a type of ‘associate status’neighbourhood;
Amendment 296 #
2014/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that recent Eurobarometer polling demonstrates that, contrary to popular belief, EU citizens are still fully aware of the importance of, and in support of, genuine European solutions19 , inter alia in the fields of security and migration; __________________ 19 Standard Eurobarometer 84 - Autumn 2015 & Special Eurobarometer EP - June 2016.
Amendment 309 #
2014/2248(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes with great concern the prolifermultiplication of subsets of Member States undermining the unity of the Union by causing a lack of transparency, as well as diminishing the trust, and that some Member States openly break Union law, by refusing to implement two Council Decisions of September 2015 ofn the peoplereallocation of refugees;
Amendment 318 #
2014/2248(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that a comprehensive democratic reflection on the reform of the Treaties can and must only be achieved through a Convention, which guarantees inclusiveness through its composition ofincludes representatives of national parliaments, governments of all the Member States, the Commission and the European Parliament, and, also providess observers, the Committee of Regions and the pEuroper plan Economic and Social Committee; to this end a participatform for such reflection and engagement with European citizensy mechanism, as for example national Conventions in all Member States, for the input of European citizens and civil society both before and during the convention should also be created and the public should have access to the deliberations and all relevant information in order to ensure transparency;
Amendment 335 #
2014/2248(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 344 #
2014/2248(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the fracturing process of ‘variable geometry’ has found its way into the European decision-making process every time the European Council decides to apply intergovernmental methods and to bypass the ‘Union method’ (‘Community method’) as defined in the Treaties; this not only leads to less effective policy- making but also contributes to a growing lack of transparency, democratic accountability and control;
Amendment 385 #
2014/2248(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Proposes that the next revision of the Treaties should rationalise the current disorderly ‘variable geometry’, i.e. ‘l’Europe à la carte’, by ending the disruptive practice of opt-outs, opt-ins and exceptionsput an end to opt-outs by individual Member States on the level of EU primary law;
Amendment 399 #
2014/2248(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 410 #
2014/2248(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 437 #
2014/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that, until the Treaties cease to apply to the United Kingdom, it will continue to participate in all decision-making of the Union throughout itsin the EU institutions, with the exception of the negotiations and the agreement concerning its own withdrawal; considers that for the time of the withdrawal negotiations, intermediate arrangements will need to be madeshould be considered concerning the UK’s participation in European decision-making, as it will be politically difficult to allow a Member State in the process of leaving to influence decisions affecting the Union of which it will soon cease to be a member;
Amendment 444 #
2014/2248(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Expects, therefore, that when it triggers Article 50 TEU, the United Kingdom will clarify how it intends to act in the Council during deliberations and decision-making on ongoing legislative procedures, so as not to hinder the progress of the EU 27;
Amendment 451 #
2014/2248(INI)
Motion for a resolution
Subheading 3
Subheading 3
New Economic Governance and establishment of a Social Europe
Amendment 538 #
2014/2248(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes therefore merging the deficit and debt procedures, the macroeconomic imbalance procedure and the country-specific recommendations into a singleReiterates its call for the adoption of a ‘convergence code’ of, as a legally binding nature, setting minimum and maximum standards, where only compliance with this code would allow access to EU funds for investment projects or participation in new instruments that combine economic reform with fiscal incentiv act by ordinary legislative procedure, to streamline the existing coordination of economic policies into a more effective convergence of economic policies; such as a fiscal capacity for the euro area or a common debt instrument; the coordination of economic policies as provided for in Article 5 TFEU would therefore become a ‘shared competence’ between the Union and the Member Statggests that the code should be focusing for the first period on convergence criteria regarding taxation, labour market, including among others minimum wages, investment, social cohesion and public administrative and good governance capacities;
Amendment 546 #
2014/2248(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Suggests that the coordination of economic policies as provided for in Article 5 TFEU should become a ‘shared competence’ between the Union and the Member States;
Amendment 710 #
2014/2248(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers it necessary to lift the unanimity requirement for the harmonisation of certain taxes to allow the EU to set minimum tax rates and tax corridors with the aim of safeguarding the fair and smooth functioning of the internal market and to avoid harmful tax competition between Member States;
Amendment 713 #
2014/2248(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Considers a strong social dimension indispensable for a comprehensive EMU and that Article 9 TFEU in its current form is not sufficient to guarantee a proper equilibrium between social rights and economic freedoms; calls therefore for these rights to be equally ranked and conflict between them solved by the principal that no right should be limited more than necessary in order to protect countervailing rights;
Amendment 730 #
2014/2248(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Underlines that climate change is one of the key global challenges facing the EU; stresses the need for the full ratification and implementation of the Paris Agreement and the adaptation of binding EU climate targets and actions accordingly; notes that the exclusive competence of the Member States to determine the conditions for exploiting its energy sources, its choice between different energy sources and the general structure of its energy supply (Article 194(2) TFEU) may undermine the successful implementation of common energy policies;
Amendment 731 #
2014/2248(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that the development of new and renewable energy resources should be incorporated into the Treaties as the prime objective for all Member States;
Amendment 744 #
2014/2248(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that the Treaties provide ample means to set up a humane, well- functioning migration management and asylum system including a European Border and Coast Guard and welcomes the progress in this regards; believes, however, that the Treaties, particularly Article 79(5) TFEU, are too restrictive regarding other aspects of migration, especially on the establishment of a genuine European legal migration system; insists that democratic scrutiny by Parliament is needed on the implementation of border control, asylum and migration policies, and that the safeguarding of national securityinterests cannot be used as a pretext to circumvent European action;
Amendment 802 #
2014/2248(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that for the Union to strengthen the defence of the EU territory, as a pillar within NATO, which remains the cornerstone of the European security architecture, and toe need to create a proper European Defence Union, which in strategic partnership with NATO could enable the Union to act autonomously in operations abroad, mainly with a view to stabilising its neighbourhood, the Treaties should provide for the possibility of establishing a; stresses that the European Parliament should be fully involved in all steps of the creation of the European dDefence uUnion and have the right of consent in case of operations abroad;
Amendment 826 #
Amendment 829 #
2014/2248(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Underlines that respect for and the safeguarding of the EU’s fundamental values are the cornerstone of the European Union as a community based on values and bind European Member States together;
Amendment 831 #
2014/2248(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34b. Calls for a revision of the procedures laid down in Article 7 TEU to make the preventive mechanism and the sanctioning mechanism with regards to violations of the EU’s fundamental values relevant and applicable; proposes that the Council should act by qualified majority instead of a majority of four fifth of its members when determining a clear risk of a serious breach of the fundamental values under Article 7 (1) TEU, and that the European Council should act by qualified majority instead of unanimity when determining the existence of a serious and persistent breach under Article 7 (2) TEU;
Amendment 833 #
2014/2248(INI)
Motion for a resolution
Paragraph 34 c (new)
Paragraph 34 c (new)
34c. Proposes to amend Article 258 TFEU in order to explicitly allow the Commission to take ‘systemic infringement action’ against Member States violating fundamental values; understands ‘systemic infringement action’ as the bundling of a group of related individual infringement actions suggesting a serious and persistent violation of Article 2 TEU by a Member State;
Amendment 903 #
2014/2248(INI)
Motion for a resolution
Paragraph 39 – subparagraph 1 (new)
Paragraph 39 – subparagraph 1 (new)
(1) Stresses also the need to discuss the issue of introducing an article into the Treaties containing the symbols of the Union to strengthen the common European identity of Citizens;
Amendment 905 #
2014/2248(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Stresses the need to better inform citizens about the EU, their role in European decision-making and their rights, which can be achieved amongst other means through civic education across the EU; reiterates its call from 28 October 2015 to reform the European Citizens Initiative to ensure that citizens engage directly with the EU institutions and become more actively involved in the framing of European policies and legislation;
Amendment 909 #
2014/2248(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Calls for an increase in the capacity of the European Economic and Social Committee (EESC) and the Committee of the Regions (CoR) to directly impact the policy-shaping and legislative processes of the European Union by including them at the earliest stage possible in the Union’s legislative programming and by formally acknowledging their role in the assessment of EU policies and legislations;
Amendment 971 #
2014/2248(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recognises the significant role played by national parliaments in the constitutional order of the European Union, and in particular their role in transposing EU legislation into national law and the role they would play in both ex-ante and ex-post control of legislative decisions and policy choices made by their members of the new Council of States, including its specialised configuratthe European Unions; suggests therefore complementing and enhancing the powers of national parliaments by introducing a ‘green card’ procedure whereby national parliaments could submit legislative proposals to the Council for its considerationconsiders that the political dialogue between national parliaments and the European Parliament should be intensified and made more meaningful and substantial, without overstepping the limits of their respective constitutional competences;
Amendment 986 #
2014/2248(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Calls for the full replacement of the consultation procedure by co-decision between Parliament and Council;
Amendment 1019 #
2014/2248(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Believes, finally, that the current Treaty ratification procedure is too rigid to befit such a supranational polity as the European Union; proposescould be amended allowing amendmentchanges to the Treaties to come into force if not by an EU-wide referendum then after being ratified by a qualified majority of four-fifths of the Member States, having obtained the consent of Parliament; correspondingly, once this threshold has been met, Member States which still decline to ratify the amended Treaty should decide, in accordance with their own constitutional requirements, whether to start the process of secession or to opt for an associate statuswith a double majority, i.e. a majority of the European electorate and a positive public vote within a majority of the Member States or after being ratified by a qualified majority of four-fifths of the Member States, having obtained the consent of Parliament;
Amendment 1035 #
2014/2248(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Is of the opinion that the 60th anniversary of the Treaty of Rome would be an appropriate moment to modernisestart an in- depth reflection on the future of the European Union and to startleading to a Convention with the purpose of making the European Union ready for the decades ahead;
Amendment 6 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas investment protection provisions and investor state dispute settlement are an essential tool in international economic relations and are very important fo, but no study exists which proves any link between investor state disputes and greater investment activity, and whereas a balanced relationship between the necessary and effective protection of investors, and the right of States to regulate and an appropriate dispute settlement procedurein the public interest is fundamental;
Amendment 6 #
2014/2228(INI)
Draft opinion
Paragraph 1 - point (d) - Subpoint (i.(new) - (precedes point i)
Paragraph 1 - point (d) - Subpoint (i.(new) - (precedes point i)
i. to evaluate the implications of TTIP in order to ensure policy coherence, namely the consistency between the different areas of EU´s external action and between these and its other policies;
Amendment 9 #
2014/2228(INI)
Draft opinion
Paragraph 1. - Point (d) - Subpoint (i.)
Paragraph 1. - Point (d) - Subpoint (i.)
i.) to specify the role and the legal quality of the Regulatory Cooperation Council’s findings, taking into consideration that the regulatory cooperation should respect the EU current constitutional and institutional framework, the capacity of European, national and local authorities to legislate their own policies, in particular social and environmental policies, and that any direct application of its recommendations for the relevant EU instances would imply a breach of the law- making procedures laid down in the Treaties;
Amendment 13 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
B. whereas nine EU Member States have concluded bilateral investment protection agreements with the USA granting US undertakings the right to bring complaints against those Member States, and whereas numerous bilateral agreements between EU Member States contain numerous ISDS clauses, but Regulation No 912/2014 states that existing bilateral investment agreements to which Member States are parties are to be replaced by the inclusion of an investment chapter in TTIP, even without ISDS;
Amendment 22 #
2014/2228(INI)
Draft opinion
Recital C
Recital C
C. whereas international agreements are a basis for legal certainty and predictability and whereas there have been many cases in which the EU and other States have brought legal actioncomplaints against the USA under the aegis of the WTO, which traditionally uses an inter-state dispute settlement mechanism, because the USA was believed to have failed to comply with its international obligations;
Amendment 27 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
a. ConsiderObserves that the Commission’s proposals for reform initiatives relating to investment protection accord with the European Parliament resolution on the future European international investment policy (2010/2203(INI)); observes, however, that the reservations felt by the public should be taken into account in these reformreservations felt by the public should be reflected in negotiations on trade and investment agreements;
Amendment 35 #
2014/2228(INI)
iii.) while a certain extent of confidentiality is necessary for effective negotiations on a trade agreement of such high economic and political importance, to continueto continue and strengthen its effort to render TTIP negotiations more transparent and accessible to the public, as European institutions should be at the forefront of promoting transparency;
Amendment 41 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
b. Observes that the reforms incorporated in CETA for mechanisms for the settlement of disputes between States and investors do not represent the right approach and must be developed furtherare therefore superfluous for TTIP;
Amendment 49 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
c. Observes that existing dispute settlement mechanisms work well but also display weaknesses and that therefore improvements are needed and they must be modernised in order to improve their legitimacy and the institutionalisation of mechanisms for the settlement of disputes between States and investors, so that they can then also be taken as a model for other partnershipsdisplay serious weaknesses in terms of both procedure and substance;
Amendment 53 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point d
Paragraph 1 – point d
d. Calls on the Commission, in this context, to take account of and to supplement, firstly, the constructive contributions made by the public consultation on TTIP, and, secondly, the dispute settlement mechanisms incorporated in CETA, in order to establish clear structures, impartial procedures, a lawful pool of judges selected by States and a code of conduct for judges, to increase the transparency and legitimacy of such dispute settlement procedures, to limit the scope for legal action in order to prevent forum shopping, to maintain the democratic legitimacy of national and European legislatures for amendments to legislation with defined standards and levels and to assess the feasibility of establishing a permanent court and a multilateral appeal system in TTIP;eleted
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
e. Calls on the Commission to ensure that foreign investors from the EU are not disadvantaged in the USA, including in relation to investors from other third States (such as Canada, Mexicoare treated in a non- discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, Cwhina, India and TPP States), which already now, or in future on the basis of negotiations currently under way, enjoyle benefiting from no greater rights than domestic investors; to oppose the inclusion of ISDS in TTIP, as other options to enforce investorment protection and have access to mechanisms for the settlement of disputes between States and investorre available, such as domestic remedies;
Amendment 76 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point f
Paragraph 1 – point f
f. Calls on the Commission to ensure that in the case of future dispute settlement mechanisms in TTIPCETA and TTIP and their administrative operation it is guaranteed that decisions on individual cases will not replace the national law of the contracting parties which is in force or render it ineffective, and that amendments by future legislation – provided that they are not made retroactive – cannot be contested under such a dispute settlement mechanism;
Amendment 81 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point g
Paragraph 1 – point g
g. Calls on the Commission to ensure that clearly defined rules on regulatory coherence are comprehensively incorporated in TTIP;guarantee that the established regulatory systems on both sides of the Atlantic and the role of the European Parliament in the EU’s decision-making procedure and its powers of scrutiny of the EU's regulatory processes will be fully and completely respected in creating the framework for future cooperation;☺
Amendment 87 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point h
Paragraph 1 – point h
h. Calls on the Commission to ensure that the adoption of national legislation continues to be performed exclusively by legitimate legislative bodies of the EU and the USA and that the Regulatory Cooperation Body is not assigned any legislative powers and cannot take any binding decision but serves purely for purposes of cooperation, information exchange and supobservisation of the implementation of CETA and TTIP provisions;
Amendment 94 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
i. NotStresses that TTIP gives contracting parties the option of increasing protection of intellectual property, including in relation to third States, while neither EU Member States nor the European Union have taken a decision on comprehensive harmonisation of the right to intellectual property, including copyright, trade marks and patents, the Commission ought not to negotiate on these interests in CETA or TTIP.
Amendment 107 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
ia. Considers that there may fundamentally be a mutual interest in the elimination of non-tariff barriers to trade, but that it must be confined to various technical standards and regulations and, where appropriate, the abolition of duplicate authorisation procedures which are genuinely comparable; stresses that mutual recognition of standards and authorisation procedures can be accepted only if it does not result in any lowering of the level of protection; considers that parliamentary sovereignty over the definition of standards and authorisation procedures must be preserved;
Amendment 108 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
ib. Rejects competition which entails dumping, in the course of which States and undertakings secure advantages through social or environmental dumping; considers, therefore, that, in the context of CETA and TTIP, the aim must be to improve rights of codetermination, labour standards, standards of health protection and consumer protection, and social and environmental standards;
Amendment 109 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i c (new)
Paragraph 1 – point i c (new)
ic. Observes that, in the field of public procurement, social and ecological procurement criteria and their possible extension must not be called into question;
Amendment 110 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i d (new)
Paragraph 1 – point i d (new)
id. Observes that CETA and TTIP must prove their value by contributing to progress in the protection of employees’ rights, consumer protection and sustainable economic development on a global scale;
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i e (new)
Paragraph 1 – point i e (new)
ie. Calls on the Commission to ensure that both contracting parties undertake, in particular, to respect and implement core ILO labour standards and the OECD Guidelines for Multinational Enterprises; considers that compliance with labour and social standards must be effectively secured in case of conflict;
Amendment 112 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i f (new)
Paragraph 1 – point i f (new)
if. Stresses that under no circumstances may the right to codetermination, works constitution and free collective bargaining or other protective rights for workers, the environment and consumers be interpreted as 'non-tariff trade barriers';
Amendment 113 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i g (new)
Paragraph 1 – point i g (new)
ig. Stresses that the transatlantic negotiations should also be used to step up regulation of sectors of global financial markets which have hitherto been insufficiently regulated ;
Amendment 114 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i h (new)
Paragraph 1 – point i h (new)
ih. Observes, furthermore, that unclear definitions of legal terms in CETA and TTIP such as ‘fair and equitable treatment’ or ‘indirect expropriation’ must be rejected;
Amendment 115 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i i (new)
Paragraph 1 – point i i (new)
Amendment 116 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i j (new)
Paragraph 1 – point i j (new)
ij. Calls on the Commission to ensure that CETA and TTIP include clauses which make it possible to correct undesirable and wrong developments and, where appropriate, permit termination of the agreements;
Amendment 762 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved withoutle benefiting from no greater rights than domestic investors; to oppose the inclusion of an ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputin TTIP, as other options to enforce investment protection are available, such as domestic remedies;
Amendment 6 #
2014/2150(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Commission communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Better regulation for better results - An EU agenda’, COM(2015)215 of 19 May 2015; having regard to the Commission communication to the European Parliament and the Council entitled ‘Proposal for an Interinstitutional Agreement on Better Regulation’, COM(2015) 216; having regard to the Commission decision establishing the REFIT Platform C(2015) 3261 and the Commission communication entitled ‘The REFIT Platform - Structure and Functioning’ C(2015) 3260; having regard to the decision of the President of the European Commission on the establishment of an independent Regulatory Scrutiny Board C(2015) 3263 and the communication to the Commission ‘Regulatory Scrutiny Board - Mission, tasks and staff’ C(2015) 3262, and to the Commission communication ‘Standard Explanatory Memorandum’ C(2015) 3264/2; having regard to the Commission staff working document ‘Better Regulation Guidelines’ SWD(2015) 111,
Amendment 9 #
2014/2150(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the smart regulation agenda constitutes an attempt to consolidate efforts to introduce better lawmaking, simplify EU law and reduce administrative and regulatory burdens, and to embark on a path towards good governance grounded in evidence-based policymaking, in which impact assessments and ex-post controls play an essential roleREFIT Programme is a key component of the new Commission strategy for better lawmaking;
Amendment 13 #
2014/2150(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the REFIT Programme aims to consolidate better lawmaking procedures, simplify EU law and reduce administrative and regulatory burdens, and to embark on a path towards good governance grounded in evidence-based policymaking, in which impact assessments and ex-post controls play an essential role;
Amendment 14 #
2014/2150(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Commission has set up a new Refit Platform to support its work in the context of the REFIT Programme, which is made up of two groups: the ‘government group’, comprising high- level experts from the civil service in each Member State, and the ‘stakeholder group’, comprising up to 20 experts, two of whom represent the European Economic and Social Committee and the Committee of the Regions, with the remaining experts representing business, including SMEs, the social partners and civil society organisations;
Amendment 15 #
2014/2150(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the annual REFIT scoreboard allows for the assessment of progress made in all policy areas and of each initiative identified by the Commission, including actions taken by Parliament and the Council;
Amendment 20 #
2014/2150(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, in its communication ‘Better regulation for better results - An EU agenda’ of 19 May 2015, the Commission has now proposed a coherent holistic approach to better lawmaking that takes account of the entire policy cycle of lawmaking and requires targeted interaction among all the institutions, and for this reason it will be closely studied by Parliament in order to achieve the best possible results in the interest of Union citizens;
Amendment 58 #
2014/2150(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the Commission’s commitment to negotiate a new interinstitutional agreement on better lawmaking that takes account of the changes brought about by the Lisbon Treaty and the Framework Agreement between Parliament and the Commission, and to consolidate bestaims to improve practices in areas such as legislative planning, impact assessments, systematic ex-post checks of EU legislation and the implementation and handling of delegated and implementing acts, and stresses its resolve to conclude the negotiations by the end of the year;
Amendment 60 #
2014/2150(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the confirmation given by the Commission that its better regulation strategy is not aimed at deregulating particular policy areas or calling into question values to which we attach importance, such as social protection, environmental protection and fundamental rights, including the right to health;
Amendment 79 #
2014/2150(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the recognition by the Commission of the important role played by the consultation process in the REFIT programme; pPoints out that, according to Article 11(2) TEU, all EU institutions are required to maintain an open, transparent and regular dialogue with representative associations and civil society; calls on the institutions to pay special attention to the obligatory and regular dialogue with representative associations, and with civil society, in the negotiations on a new interinstitutional agreement;
Amendment 85 #
2014/2150(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Observes that, in its better law-making strategy, the Commission significantly upgrades the role of public consultation; notes that in future the Commission will carry out a 12-week public consultation exercise (a) before drafting new legislative proposals or (b) when existing legislative provisions are assessed and their suitability checked or (c) on roadmaps and ex ante impact assessments; notes furthermore that, in addition, after a proposal has been adopted, the Commission will give citizens and stakeholders the opportunity to comment on the Commission proposal within eight weeks and will forward these positions to the Council and Parliament;
Amendment 86 #
2014/2150(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission, in this light, to conduct a balanced and transparent assessment of the positions of, and feedback from, all participants in the consultation procedure and in particular to ensure that public consultations cannot be misused for their own purposes by well funded and organised stakeholder organisations; calls on the Commission to publish its conclusions from consultations;
Amendment 87 #
2014/2150(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Observes that impact assessments should be published only as soon as the Commission has adopted the political initiative concerned; in the interests of the transparency of Commission decisions, considers it necessary that impact assessments should also be published when it has taken the decision not to submit a legislative proposal;
Amendment 97 #
2014/2150(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the Commission’s decision in future also to conduct four-week public consultation exercises on draft delegated acts and major implementing acts before the Member States vote on their position in the committee responsible;
Amendment 99 #
2014/2150(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Notes the new ‘Lighten the Load – Have Your Say’ section of the Commission’s web pages on better law- making and calls for a balanced and transparent examination by the Commission and by the new REFIT Platform of the comments received there;
Amendment 106 #
2014/2150(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that impact assessments constitute an important tool for supporting decision-making in all EU institutions and play a significant role in better regulation; remains, however, conscious of the factat the same time stresses, however, that such assessments are not a substitute for political assessments and decisions;
Amendment 117 #
2014/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WBelcomieves the Commission’s commitment regularly to revise the impact assessment guidelines in order to improve this process; belieat impact assessments must be comprehensives, that the Commission should assess there must be a balanced evaluation of economic, social and environmental consequences, and better evaluate in particular, and theat impact of its policy on the fundamental rights of citizens in order to fully grasp its effects, keeping in mindmust be assessed; stresses that the cost-benefit analysis is only one of many criteria;
Amendment 125 #
2014/2150(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the conversion of the Commission’s Impact Assessment Board (IAB) into an independent ‘Regulatory Scrutiny Board’ (RSB) and expects that the inclusion of independent experts will have an advantageous effect on the impact assessment process within the Commission; insists that impact assessments should be based on estimating what the additional costs would be for the Member States if there were no solution at European level;
Amendment 157 #
2014/2150(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s clear commitment to further improving the SME test, particularly in view of the extremely large number of small and medium-sized enterprises, which are the cornerstone of economic activity and employment; supports consideration of adapted agreements and more flexible SME impact assessment rules, provided that it can be shown that they do not undermine the effectiveness of legal provisions and that exemptions or more flexible provisions do not encourage fragmentation of the internal market or hamper access to it; welcomes therefore the Commission's commitment to give consideration to more flexible rules for SMEs, including an outright exemption for microbusinesses, only if that is appropriate and feasible and effective realisation of the social, ecological and economic objectives of proposed legal provisions is not undermined;
Amendment 204 #
2014/2150(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Acknowledges that, in most casthe case of directives, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level, and welcomes any decision to do so; reaffirms that that must not be regarded as 'gold plating'; calls, however, on the competent national authorities to be aware of the possible consequence of the so-called practice of ‘gold plating’, by which unnecessary bureaucratic burdens are added to EU legislation, since this may lead to a misconception of the legislative activity of the EU, which in turn might foster EU scepticism; recommends, for the sake of transparency and user-friendliness, that any additional innovations introduced at national level be clearly identified as such;
Amendment 37 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) promote a common respect for and understanding of fundamental and human rights, as crucial elements of common police ethics, especially regarding the rights of crime victims, witnesses and suspects or accused persons;
Amendment 478 #
2014/0121(COD)
Proposal for a directive
Article 2 – paragraph -1 a (new)
Article 2 – paragraph -1 a (new)
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(-1a) In Article 18, the following paragraph is inserted after paragraph 2: '2a. In the notes to the financial statements large undertakings and public- interest entities shall also disclose, specifying by Member State and by third country in which they have an establishment, the following information on a consolidated basis for the financial year: (a) name(s), nature of activities and geographical location; (b) turnover; (c) number of employees on a full time equivalent basis; (d) value of assets and annual cost of maintaining those assets; (e) sales and purchases; (f) profit or loss before tax; (g) tax on profit or loss; (h) public subsidies received; (i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
Amendment 479 #
2014/0121(COD)
Proposal for a directive
Article 2 – point -1 b (new)
Article 2 – point -1 b (new)
(-1b) In Article 18, paragraph 3 is replaced by the following: '3. Member States may provide that point (b) of paragraph 1 and paragraph 2a are not to apply to the annual financial statements of an undertaking where that undertaking is included within the consolidated financial statements required to be drawn up under Article 22, provided that that information is given in the notes to the consolidated financial statement.
Amendment 34 #
2013/0409(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings
Amendment 49 #
2013/0409(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order for suspects or accused persons who are deprived of libertyin criminal proceedings to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings, they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid. Member States should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty andfrom the time that they are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence and in any event before any questioning, and it should be available at least until the competent authority has taken the decision on legal aid and, in cases of full or partial rejection, this decision has become final, or, where the application for legal aid is granted, the appointment of the lawyer by the competent authority has taken effect.
Amendment 62 #
2013/0409(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons canmay be recovered from those persons if, in the subsequent assessment by the competent authority of whether they have a right to legal aid, they are found to not meet the criteria to benefit from legal aid under national law. , and if they knowingly provided the competent authorities with false information on their personal financial situation. In order to ensure that any recovery of costs relating to provisional legal aid does not prejudice the suspect or accused person in such a way as to undermine the overall fairness of the proceedings, Member States should ensure that the conditions attached to recovery of costs are clear and reasonable and take account of the specific financial situation of the suspect or accused person.
Amendment 66 #
2013/0409(COD)
Proposal for a directive
Recital 14
Recital 14
(14) To ensure that requested persons can effectively exercise their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, in accordance with Directive 2013/48/EU, the issuing Member State should ensure that requested persons have access to legal aid for the purpose of the European arrest warrant proceedings in the executing Member Stateprovisional legal aid and to legal aid for the purpose of legal representation in that Member State to assist the lawyer in the executing Member State in the course of European arrest warrant proceedings. Thise right to legal aid may be subject to an assessment of the means of the requested person and/or whether it is in the interests of justice to provide legal aid, according to the applicable eligibility criteria in the issuing Member State in question.
Amendment 73 #
2013/0409(COD)
Proposal for a directive
Recital 16
Recital 16
(16) When implementing this Directive, Member States should ensure the respect of the fundamental right of legal aid as provided for in Articles 47(3) of the Charter and Article 6(3)(c) ECHR and ensure that legal aid is available to those who do not have sufficient resources to pay for legal assistance and/or when the interest of justice so requires. Where the granting of legal aid is conditional upon a means test, such tests should take into account considerations particular to vulnerable suspects or accused persons.
Amendment 75 #
2013/0409(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) The principle of effectiveness of Union law requires that Member States put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by Union law. An effective remedy should be available, where the provision of legal aid has been undermined, delayed or denied, where suspects or accused persons have not been adequately informed of their right to legal aid and where provisions about eligibility or cost recovery have been unclear. Therefore, persons applying for legal aid should have the right to appeal a decision refusing legal aid.
Amendment 77 #
2013/0409(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should collect data showing how the right to legal aid for suspects or accused persons and requested persons have been accessed. Member States should also collect data on the number of cases where provisional legal aid was provided for suspects or accused persons deprived of liberty, as well as for requested persons, and the number of cases where this right was not exercised. Such data should include the number of requests for legal aid in European arrest warrant proceedings when the Member State acts as issuing and executing State, as well as the number of cases where these requests were granted. Data on the costs for providing provisional legal aid for persons deprived of libertysuspects or accused persons and for requested persons should also be collected.
Amendment 83 #
2013/0409(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the right to provisional legal aid and to legal aid for suspects or accused persons in criminal proceedings who are deprived of liberty, and
Amendment 88 #
2013/0409(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) suspects or accused persons in criminal proceedings, who are deprived of liberty and who have a right of access to a lawyer pursuant to Directive 2013/48/EU;
Amendment 98 #
2013/0409(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) provisional legal aid means legal aid to a person deprived of libertyprovided until the decision on legal aid has been taken and come into effect,
Amendment 103 #
2013/0409(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Access to provisional legal aid and to legal aid
Amendment 107 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) suspects or accused persons in criminal proceedings, who are deprived of libertyhave the right of access to a lawyer pursuant to Directive 2013/48/EU;
Amendment 111 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) requested persons deprived of liberty in the executing Member Stat, who have the right of access to a lawyer pursuant to Directive 2013/48/EU, including legal assistance both in the executing as well as in the issuing Member State, in line with Article 10 of that Directive.
Amendment 114 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Provisional legal aid shall be granted without undue delay after deprivation of libertyfrom the time that they are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence and in any event before questioning.
Amendment 120 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Provisional legal aid shall be ensured until the final decision on legal aid has been taken and comes into effect, or,and (a) where the suspects or accused persons are granted legal aid, the appointment of the lawyer has taken effect, or (b) where legal aid has been denied, the person has had sufficient time to find and engage a lawyer.
Amendment 126 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall be able tomay provide that the costs relating to provisional legal aid can be recovered from suspects or accused persons and requested persons who do not meet the eligibility criteria for legal aid as applicable under national law, and who knowingly provided the competent authorities with false information on their personal financial situation. In order to ensure that any recovery of costs relating to provisional legal aid does not prejudice the suspect or accused person in such a way as to undermine the overall fairness of the proceedings, Member States shall ensure that the conditions attached to recovery of costs are clear and reasonable and take account of the specific financial situation of the suspect or accused person.
Amendment 128 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. Member States shall take appropriate measures to ensure that the persons referred to in Article 4(1), if they so wish, have access to legal aid: (a) if they lack sufficient financial resources to meet parts or all of the costs of their defence and the proceedings ('means'), based on an assessment including all relevant and objective factors, among them income, capital, family situation, standard of living, costs of legal representation; and/or (b) if the interests of justice so require ('merits'), based on an assessment of the urgency and complexity of the case, the seriousness of the offence, the social and personal situation of the person concerned as well as the severity of the potential penalty.
Amendment 131 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 5 b (new)
Article 4 – paragraph 5 b (new)
Amendment 134 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 5 c (new)
Article 4 – paragraph 5 c (new)
5 c. Member States shall provide to the persons referred to in 4(1) all relevant information on provisional legal aid and on legal aid in criminal proceedings. Such information shall be provided in an easily accessible and understandable way and include the criteria on eligibility for legal aid, information on how, when and where to apply, as well as information on possible ways to appeal a decision resulting in a refusal of legal aid or in insufficient legal assistance.
Amendment 141 #
2013/0409(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The executing Member State shall ensure that requested persons have the right to legal aid upon arrest pursuant toprovisional legal aid and to legal aid once a European arrest warrant has been issued until they are surrendered, or, in cases of non-surrender, until the decision on surrender has become final.
Amendment 145 #
2013/0409(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Appeals and remedies 1. Any person who applies for legal aid under this Directive shall have the right to appeal a decision refusing legal aid before an independent court, with a view to preserving the right to a fair trial and the right to defence. 2. Member States shall ensure that suspects, accused persons and requested persons have an effective remedy if their rights under this Directive have been breached. Those remedies shall include a right to judicial review where access to legal aid has been undermined or delayed or if persons have not been adequately informed of their rights to provisional legal aid and to legal aid.
Amendment 84 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust's competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimUntil the date when the European Public Prosecutor’s Office (‘EPPO’) has assumed its investigative and prosecutorial tasks conferred on it in accordance with Article [75] of Regulation [implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office], Eurojust’s competence shall cover the criminal offences listed in Annex 1. However, from the date when the EPPO assumes its talks, Eurojust shall not be competent for those offences for which the European Public Prosecutor's Office is competent.
Amendment 87 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Eurojust shall remain competent: (a) for offences laid down in Directive [(EU) 2017/... on the Fight against Fraud to the Union’s Financial Interests by means of Criminal Law (‘the PIF Directive’)] insofar as the EPPO is not competent or does not exercise its competence; (b) in cases regarding offences laid down in the PIF Directive, for requests from Member States which are not participating in the EPPO; (c) in cases involving both participating Member States and Member States which are not participating in the EPPO, for requests from those Member States which are not participating in the EPPO and for requests from the EPPO itself.
Amendment 89 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Eurojust's competence shall cover criminal offences related to the criminal offences laid down in Annex 1. The following offences shall be regarded as related criminal offences:
Amendment 94 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) assist the competent authorities of the Member States in ensuringensure the best possible coordination of investigations and prosecutions conducted by the competent authorities of the Member States;
Amendment 95 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;
Amendment 97 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) support, and where appropriate participate in, the Union centres of specialised expertise developed by Europol and other Union bodies.
Amendment 102 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority or on its own initiative Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptly forwarded to the Member States concerned.
Amendment 112 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) all the national members when the College exercises its operational functions under Article 4;
Amendment 113 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) all the national members and two representatives of the Commission when the College exercises its management functions under Article 14management issues are discussed or measures thereon are adopted.
Amendment 145 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6a. For the purposes of paragraph 3 to 6 the competent authorities of the Member States shall exchange the information referred to therein at the latest within 14 days.
Amendment 179 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The President of the CollegBefore taking office, a newly appointed President of the College shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members. During his or her term of office, he or she shall appear before the European Parliament, at their request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.
Amendment 182 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
4. Eurojust shall transmit its Annual Report to the national Parliaments. Eurojust shall also transmit to the national Parliaments the documents referred to in paragraph 3 in the respective official languages. .
Amendment 202 #
2013/0256(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should be obliged, within a clear deadline, to inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least three Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.
Amendment 205 #
2013/0256(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Whilst the processing of personal data at Eurojust fallFollowing the adoption in April 2016 of Regulation (EU) 2016/679 ('the General Data Protection Regulation') and Directive (EU) 2016/680 ('the Police Directive), the Commission has proposed a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies uander on the scope offree movement of such data (COM (2017)8 final) which will repeal current Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data13 , t. The processing of personal data by the Member State's authoritiesat Eurojust and the transfer of such data toby Eurojust arshould fall under the scovered by the Council of Europe Convention 108 [to be replaced by the relevant Directive in force pe of the revised Regulation repealing Regulation (EC) 45/2001. The processing of personal data by the Member State's authorities and the transfer of such data the moment of adoption]. o Eurojust are covered by the 'Police Directive'. _________________ 13 OJ L 8, 12.1.2001, p. 1
Amendment 206 #
2013/0256(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 211 #
2013/0256(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Specifically as regards the European Public Prosecutor’s Office (‘EPPO’), Eurojust should retain a residual competence for offences laid down in the PIF Directive, where the EPPO is not competent; where the EPPO is competent but does not exercise its competence; where Member States which are not participating in the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust. In addition, an ongoing competence for Eurojust in respect of offences for which the EPPO will ultimately be competent should be ensured, until such time as the EPPO is set up and has assumed the tasks conferred on it in Regulation [implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office].
Amendment 227 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor's Office is competenUntil the date when the European Public Prosecutor’s Office (‘EPPO’) has assumed its investigative and prosecutorial tasks conferred on it in accordance with Article 75 of Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, Eurojust’s competence shall cover the criminal offences listed in Annex 1. However, from the date the EPPO assumes its tasks, Eurojust shall only be competent in cases where the EPPO is competent but does not exercise its competence; where Member States which are not participating the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust.
Amendment 230 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 232 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Eurojust’s competence shall cover related criminal offences to the criminal offences laid down in Annex 1. The following offences shall be regarded as related criminal offences:
Amendment 234 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b) assist the competent authorities of the Member States in ensuringe the best possible coordination of investigations and prosecutions conducted by the competent authorities of the Member States;
Amendment 236 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
c) give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;
Amendment 240 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
e a) support, and where appropriate participate, in the Union centres of specialised expertise developed by Europol and other Union bodies;
Amendment 245 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority, or on its own initiative, Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptly forwarded to the Member States concerned.
Amendment 259 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
a) all the national members when the College exercises its operational functions under Article 4;
Amendment 262 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
b) all the national members and two representatives of the Commission when the College exercises its management functions under Article 14management issues are discussed or measures thereon are adopted.
Amendment 311 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. For the purposes of paragraphs 3- 6 above, the competent authorities of the Member States shall inform their national members at the latest within 14 days.
Amendment 320 #
2013/0256(COD)
Proposal for a regulation
Chapter 4 – title
Chapter 4 – title
Amendment 322 #
Amendment 330 #
2013/0256(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Amendment 332 #
2013/0256(COD)
Proposal for a regulation
Article 27 b (new)
Article 27 b (new)
Article 27 b Processing of Administrative personal data 1. Regulation (EC) No 45/2001 applies to all administrative personal data held by Eurojust. 2. Eurojust shall determine the retention periods for administrative personal data in the data protection provisions of its rules of procedure.
Amendment 333 #
Amendment 338 #
2013/0256(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28 a Lawfulness of processing Processing shall be lawful only if and to the extent that processing is necessary for the performance of a task carried out by Eurojust and that it is based on Union law.
Amendment 339 #
2013/0256(COD)
Proposal for a regulation
Article 28 b (new)
Article 28 b (new)
Article 28 b Distinction between different categories of data subjects Eurojust shall, where applicable and as far as possible, make a clear distinction between personal data of different categories of data subjects, such as: (a) persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence; (b) persons convicted of a criminal offence; (c) victims of a criminal offence or persons with regard to whom certain facts give rise to reasons for believing that they could be the victim of a criminal offence; and (d) other parties to a criminal offence, such as persons who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, persons who can provide information on criminal offences, or contacts or associates of one of the persons referred to in points (a) and (b).
Amendment 340 #
2013/0256(COD)
Proposal for a regulation
Article 28 c (new)
Article 28 c (new)
Article 28 c Distinction between personal data and verification of quality of personal data 1. Eurojust shall distinguish, as far as possible, personal data based on facts from personal data based on personal assessments. 2. Eurojust shall process personal data in such a way that it can be established which authority provided the data or where the data has been retrieved from. 3. Eurojust shall take all reasonable steps to ensure that personal data which are inaccurate, incomplete or no longer up to date are not transmitted or made available. To that end, Eurojust shall, as far as practicable, verify the quality of personal data before they are transmitted or made available. As far as possible, in all transmissions of personal data, it shall add necessary information enabling the recipient to assess the degree of accuracy, completeness and reliability of personal data, and the extent to which they are up to date shall be added. 4. If it emerges that incorrect personal data have been transmitted or personal data have been unlawfully transmitted, the recipient shall be notified without delay. In such a case, the personal data shall be rectified or erased or processing shall be restricted.
Amendment 341 #
2013/0256(COD)
Proposal for a regulation
Article 28 d (new)
Article 28 d (new)
Article 28 d Specific processing conditions 1. When Eurojust provides for specific conditions for processing, it shall inform the recipient of such personal data of those conditions and the requirement to comply with them. 2. Eurojust shall comply with specific processing conditions for processing provided by a national authority in accordance with Article 9 (3) and (4) of Directive (EU) 2016/680.
Amendment 342 #
2013/0256(COD)
Proposal for a regulation
Article 28 e (new)
Article 28 e (new)
Amendment 343 #
2013/0256(COD)
Proposal for a regulation
Article 28 f (new)
Article 28 f (new)
Article 28 f Processing of special categories of personal data 1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, personal data concerning health or personal data concerning a natural person's sex life or sexual orientation shall be allowed only where strictly necessary for the performance of tasks of Eurojust, subject to appropriate safeguards for the rights and freedoms of the data subject and only if they supplement other operational personal data already processed by Eurojust. 2. The data protection officer shall be informed immediately of recourse to this Article.
Amendment 344 #
2013/0256(COD)
Proposal for a regulation
Article 28 g (new)
Article 28 g (new)
Article 28 g Automated individual decision-making, including profiling The data subject shall have the right not to be subject to a decision of Eurojust based solely on automated processing, including profiling, which produces legal effects concerning him/her or similarly significantly affects him/her.
Amendment 345 #
2013/0256(COD)
Proposal for a regulation
Article 28 h (new)
Article 28 h (new)
Amendment 346 #
2013/0256(COD)
Proposal for a regulation
Article 28 i (new)
Article 28 i (new)
Amendment 347 #
2013/0256(COD)
Proposal for a regulation
Article 28 j (new)
Article 28 j (new)
Amendment 348 #
2013/0256(COD)
Proposal for a regulation
Article 28 k (new)
Article 28 k (new)
Amendment 349 #
2013/0256(COD)
Proposal for a regulation
Article 28 l (new)
Article 28 l (new)
Article 28 l Exercise of rights by the data subject and verification by the European Data Protection Supervisor 1. In the cases referred to in Articles 28h(3), 28i and 28k(4), the rights of the data subject may also be exercised through the European Data Protection Supervisor. 2. Eurojust shall inform the data subject of the possibility of exercising his or her rights through the European Data Protection Supervisor pursuant to paragraph 1. 3. Where the right referred to in paragraph 1 is exercised, the European Data Protection Supervisor shall at least inform the data subject that all necessary verifications or a review by it have taken place. The European Data Protection Supervisor shall also inform the data subject of his or her right to seek a judicial remedy in the Court of Justice of the European Union.
Amendment 350 #
2013/0256(COD)
Proposal for a regulation
Article 28 m (new)
Article 28 m (new)
Amendment 351 #
2013/0256(COD)
Proposal for a regulation
Article 28 n (new)
Article 28 n (new)
Amendment 352 #
2013/0256(COD)
Proposal for a regulation
Article 28 o (new)
Article 28 o (new)
Amendment 358 #
2013/0256(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 362 #
2013/0256(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 377 #
2013/0256(COD)
Proposal for a regulation
Chapter 4 a (new)
Chapter 4 a (new)
Amendment 400 #
2013/0256(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 403 #
Amendment 410 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The President of the CollegBefore taking office, the newly appointed President of the College shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members. During his or her term of office, he or she shall appear before the European Parliament, at theirits request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.
Amendment 412 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
4. Eurojust shall transmit its Annual Report to the national Parliaments. Eurojust shall also transmit to the national Parliaments the documents referred to in paragraph 3 in the respective official languages.
Amendment 14 #
2013/0255(APP)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that the European Public Prosecutor's Office should have competence for offences related to fraud against the financial interests of the European Union. With that in mind, recalls that the relevant criminal offences are to be laid down in the proposed Directive on the fight against fraud to the Union's financial interests by means of criminal law (the so-called 'PIF Directive'). While acknowledging the progress made by the co-legislators in negotiations for the adoption of the PIF Directive, calls on the Council to renew its efforts to find agreement on that directive as a pre-condition for the establishment of the European Public Prosecutor's Office;
Amendment 21 #
2013/0255(APP)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deems it crucial to ensure within a short period of time the establishment of a single, strong, independent EPPO that is able to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the Union’s financial interests; and considers that any weaker solution would be a cost for the Union budget;
Amendment 25 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points out that it is of the utmost importance that the relationship between the European Public Prosecutor´s Office and other existing bodies, such as Eurojust and OLAF, should be defined and clearly demarcated. Calls on the Council to clarify the competence of each existing body in charge of protecting the Union's financial interests;
Amendment 26 #
2013/0255(APP)
Motion for a resolution
Subheading 1
Subheading 1
An independent European Public Prosecutor's Office
Amendment 29 #
2013/0255(APP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the structure of the EPPO should reflect a maximum degree of independence and therefore calls for openness and transparency in the selection and appointment procedures of the European Chief Prosecutor, his/her deputies, the European Prosecutors and the European Delegated Prosecutors;
Amendment 33 #
2013/0255(APP)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of its involvement in the appointment procedures for the European Prosecutors and suggests an open competition for candidates with adequatethe necessary professionalism, experience and skills, who might be shortlisted by the European Commission, evaluated by an independent panel of experts and heard by the European Parliament, with the final decision on appointment to be made by the Council and approved by the European Parliament; the European Parliament and the Council should appoint the European Chief Prosecutor by common accord;
Amendment 36 #
2013/0255(APP)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that Member States must involve national judicial self-governing bodies in the nomination procedures for European Delegated Prosecutors in accordance with national laws and practice;
Amendment 37 #
2013/0255(APP)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Takes the view that in order to ensure the full independence of the European Prosecutors, and to prevent any perceived conflict of interest, the position of European Prosecutor should be a full- time position. In that respect, does not agree with the draft provision authorising them to discharge their duties on a part- time basis as proposed in Article 11(3) of Council document 166993/14 of 18 December 2014 on the Proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office (hereafter 'the Council text');
Amendment 38 #
2013/0255(APP)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the provision of an annual reporting to the EU Institutions in order to guarantee a continuous assessment of the activities carried out by the new body; contained in the Council text; calls on the Council to ensure that the annual report contains, inter alia, details on the willingness of national authorities to cooperate with the European Public Prosecutor's Office;
Amendment 42 #
2013/0255(APP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that rules governing the division of jurisdiction between the EPPO and the national authorities should be clear and avoid any misinterpretation in the operational phase:, the EPPO should have jurisdiction to investigate and prosecute the offences constituting fraud to the Union's financial interests according to the directive on the fight against fraud to the Union’'s financial interests by means of criminal law; the powers of the European Public Prosecutor's Office should extend to offences other than those affecting the Union's financial interests only where cumulatively: (a) the particular conduct simultaneously constitutes an offence affecting the Union's financial interests and other offences; and (b) the offences affecting the Union's financial interests are predominant and the other are merely ancillary; and (c) the other offences would be barred from further trying and punishment if they were not prosecuted and brought to judgment together with the offences affecting the Union's financial interests; In case of disagreement between the European Public Prosecutor's Office and the national prosecution authorities over the exercise of competence, the College of the European Public Prosecutor's Office shall decide who shall investigate and prosecute. The determination of competence in accordance with those criteria should always be subject to judicial review;
Amendment 48 #
2013/0255(APP)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note that the option of a collegiate structure is under scrutiny by the Member States, instead of the hierarchical one initially proposed by the European Commission; in this regard, believes that the decisions concerning the choice of the competent jurisdiction, the dismissal ofecision to prosecute, the decision to dismiss a case, the decision to reallocate a case and the decision on transaction should all be taken at the central level by the Chambers; Permanent Chambers referred to in Article 9 of the Council text;
Amendment 50 #
2013/0255(APP)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. In the light of that proposed collegiate structure, calls on the Council to provide details of the impact on the EU budget which will be brought about by the new proposed structure, particularly bearing in mind that the original Commission proposal was intended to be cost-efficient, relying heavily on existing resources from both OLAF and Eurojust;
Amendment 62 #
2013/0255(APP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the legislator to ensure streamlined procedures for the EPPO to obtain the authorisation of investigative measures in cross-border cases, in accordance with the law of the Member States where the measure in question is executedrequested and executed; recalls that the co-legislators agreed on criteria for Member States to request investigative measures based on the principle of mutual recognition in Directive 2014/41/EU regarding the European Investigation Order in Criminal Matters. Considers that the same criteria should apply in respect of investigative measures to be authorised by the EPPO particularly with regard to the grounds for refusal;
Amendment 65 #
2013/0255(APP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Council to ensureprovide clarity regarding the admissibility of the evidence gathered by the EPPO throughout the Union, as this is crucial for the effectiveness of the prosecutions. The conditions for admissibility of evidence should be such as to respect all rights guaranteed by the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, and the European Court of Human Rights case law in accordance with Article 6 of the Treaty on the European Union;
Amendment 69 #
2013/0255(APP)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reiterates the need for the European Public Prosecutor's Office to seek all relevant evidence whether inculpatory or exculpatory, In addition, insists that it is necessary to grant the suspect or accused in any investigation undertaken by the European Public Prosecutor's Office certain rights concerning evidence, in particular: (a) The suspect or accused should have the right to present evidence for the consideration of the European Public Prosecutor's Office; (b) The suspect or accused should have the right to request the European Public Prosecutor's Office to gather any evidence relevant to the investigation, including appointing experts and hearing witnesses;
Amendment 70 #
2013/0255(APP)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Given the possible multiple jurisdictions for cross-border offences falling under the competence of the European Public Prosecutor's Office, considers it essential to ensure that the European Prosecutors, European Delegated Prosecutors and national prosecuting authorities fully respect the principle of ne bis in idem in respect of prosecutions relating to offences falling under the competence of the European Public Prosecutor's Office;
Amendment 73 #
2013/0255(APP)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Affirms that the right to a judicial remedy should be upheld at all times in respect of the EPPO's activity and recognises also the need for the EPPO to operate effectively without undue delay; therefore, any decision taken by the European Public Prosecutor's Office should be subject to judicial review before the competent court; in that regard, insists that decisions taken by the European Public Prosecutor before or independently from the trial, such as the decision to launch an investigation, the choice of jurisdiction for prosecution, the dismissal of a case or a transaction, should be subject to judicial review before the Union Courts;
Amendment 75 #
2013/0255(APP)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls thatGiven that the proposals for legislative measures at Union level regarding the procedural rights of suspected and accused persons in criminal proceedings have not yet all been adopted and that protection of those rights at Union level is in any case not comprehensive, reiterates the necessity for the new Office shouldto carry out its activities within full respect for the rights enshrined inof suspects and accused in so far as they are enshrined in Article 6 of the Treaty on the European Union, Article 16 of the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union as well as in those legal framework provided by the Union on theislative measures already adopted at Union level on procedural rights of suspected and accused persons in criminal proceedings and on the protection of personal data;
Amendment 80 #
2013/0255(APP)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recalls that the proposed Directive on Legal Aid has not yet been adopted by the co-legislators. Affirms that if and when adopted that Directive should apply equally to all suspects and accused under investigation or being prosecuted by the European Public Prosecutor's Office. Emphasises that in the absence of an agreed EU directive on legal aid, it is imperative that all suspects and accused in investigations and prosecutions carried out by the European Public Prosecutor's Office have the right to legal aid in accordance with the relevant national law;
Amendment 83 #
2013/0255(APP)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. With reference to Article 19(2) of the Council text, insists that national authorities carrying out investigations of offences which may fall under the competence of the European Public Prosecutor's Office should be obliged to inform the European Public Prosecutor's Office of such an investigation. To ensure the independence and effectiveness of the Office, reiterates the need for the European Public Prosecutor's Office to have the right to take over such investigations where it determines that that is appropriate;
Amendment 242 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crimecertain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
Amendment 286 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and: trafficking in human beings, sexual exploitation of children, illicit trafficking in narcotic drugs, illicit trafficking in weapons and illicit trafficking in munition and explosives if :
Amendment 329 #
2011/0023(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 331 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.
Amendment 340 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 342 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.
Amendment 345 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or a certain type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in line with the requirement set out in paragraph 3. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 361 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or seriousa type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Unionnational databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such filesdata bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and
Amendment 363 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigationin accordance with Article 4a (new) and pfrosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; andm Passenger Information Units from other Member States in accordance with Article 7.
Amendment 374 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 377 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5 and regularly reviewed. The regular review shall involve the Data Protection Officer and ensure that the assessment criteria remain targeted, specific, justified, proportionate and fact-based. The assessment criteria shall in no circumstances be based on data revealing a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership, health or sexual life. sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning, health or sex life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.
Amendment 397 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to all data transmitted to the Passenger Information Unit and from the Passenger Information Unit to a competent authority pursuant to Article 5. If the Data Protection Officer considers that transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, who shall have the power to order the receiving competent authority to erase the data.
Amendment 400 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 401 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4c. Member States shall bear the costs of use, retention and exchange of PNR data.
Amendment 406 #
2011/0023(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 445 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph -1
Article 6 – paragraph -1
-1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') anonymised PNR data pursuant to Article 4 (a), to the extent that such data are already collected by them in their normal course of business, to the Passenger Information Unit.
Amendment 451 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') the specific PNR data as defined in Article 2(c) and specified in the Annexpursuant to Article 4 (b) and (c) , to the extent that such data are already collected by them, in their normal course of business to the database of the national Passenger Information Unit of thea Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 790 #
2011/0023(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.
Amendment 9 #
2008/2234(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Treaty of Lisbon makes it possible for one million EU citizens from different Member States collectively to invite the Commission to submit legislative proposals, and believes that such a legal right will significantly raise awareness of EU citizenship among Europeans; calls on the Commission to prepare transparent and easily understandable procedures implementing the ‘citizenship initiative’, so that EU citizens are be able to effectively initiate legislation immediately after the Treaty of Lisbon enters into force; while it hopes that it will not be necessary, stresses that the CommissUnion should incorporate this right of initiative into its policirocedures regardless of the final status of the Treaty;
Amendment 1 #
2008/2169(INI)
Motion for a resolution
Title
Title
Amendment 2 #
2008/2169(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Treaty of Lisbon introduces the European Citizens’ Initiative, whereby EU citizens numbering at least one million and including nationals of a significant number of Member States can take the initiative of calling on the Commission to present appropriate proposals, within the limits of its powers, on subjects on which, in the opinion of those citizens, an EU legislative act is required in order to implement the Treaties – Article 11(4) of the EU Treaty in the new wording (‘EUTnw’),
Amendment 4 #
2008/2169(INI)
Motion for a resolution
Recital C
Recital C
C. whereas citizens will thus take a direct part in the exercise of the European Union’s sovereign power by being, for the first time be, directly involved in the European legislative process,
Amendment 7 #
2008/2169(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the procedures and conditions for a citizens’ initiative, including the minimum number of Member States from which the citizens taking the initiative must come, are to be determined by the European Parliament and the Council in accordance with the proper legislative procedure by means of a regulation (Article 24(1) FEUT),
Amendment 12 #
2008/2169(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Article 11(4) EUTnw applies to all Union citizens, excluding no-one on grounds of age or on any other grounds,
Amendment 18 #
2008/2169(INI)
Motion for a resolution
Recital S, first bullet point
Recital S, first bullet point
• it contains a request to the Commission to submit a proposal for a legal act of the Union, which must include a complete draft or a sufficiently detailed description of the legal act that is being called for
Amendment 21 #
2008/2169(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the task of verifying the authenticity of statements of support cannot be carried out by the Commission and should therefore be fulfilled by the Member States; whereas, however, the obligations of the Member States deriving therefrom only extend to initiatives in the framework of Article11(4) EUTnw and under no circumstances to initiatives that are inadmissible on the grounds stated; whereas it is therefore necessary for the Member States, even before beginning to collect statements of support, to have legal certainty as regards the admissibility of the citizens’ initiative,
Amendment 22 #
2008/2169(INI)
Motion for a resolution
Recital Va (new)
Recital Va (new)
Va. whereas verification of the admissibility of a citizens’ initiative by the Commission is, however, restricted exclusively to the aforementioned legal questions and may on no account include considerations of political expediency; whereas this will ensure that the Commission is not free to decide in the light of political considerations of its own whether a citizens’ initiative is or is not to be declared admissible,
Amendment 24 #
Amendment 25 #
2008/2169(INI)
Motion for a resolution
Recital W a (new)
Recital W a (new)
Wa. whereas the citizens’ initiative is a means of exercising public sovereign power in the area of legislation and is subject as such to the transparency principle; whereas this means that the organisers of a citizens’ initiative must publicly assume accountability for its funding, including the sources of that funding,
Amendment 55 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 5 - point (b) - bullet point 1
Annex - paragraph 5 - point (b) - bullet point 1
• It contains a request to the Commission to submit a proposal for the adoption of a legal act of the European Union, which must include a complete draft or a sufficiently detailed description of the legal act that is being called for.
Amendment 61 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 5 - point (b) - after the bullet points
Annex - paragraph 5 - point (b) - after the bullet points
In accordance with Article 41 of the Charter of Fundamental Rights of the European Union the Commission provides organisers with all due support to prevent the registration of inadmissible initiatives. The Commission also notifies the organisers of current or proposed legislative proposals on matters raised in the citizens’ initiative and on successfully registered citizens’ initiatives that wholly or partly concern the same matters. Where an initiative is inadmissible, the Commission shall refer to other instruments (initiatives or legal remedies) with which the request could be pursued in a way that is admissible.
Amendment 66 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 5 - point (c)
Annex - paragraph 5 - point (c)
(c) Within two months of registration of the citizens’ initiative the Commission must decide whether the registration has succeeded. The decision must state whether the citizens’ initiative is admissible. Registration may be rejected only on legal grounds and on no account on grounds of political expediency.
Amendment 94 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 7 - point (c)
Annex - paragraph 7 - point (c)
(c) Within two months of presentation of the citizens’ initiative the Commission must decide whether that presentation has succeeded. The decision must include a statement on the representativeness of the initiative. The presentation may be rejected only on legal grounds and on no account on grounds of political expediency.
Amendment 107 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 8 a - new subtitle
Annex - paragraph 8 a - new subtitle
The principle of transparency
Amendment 108 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 8 a (new)
Annex - paragraph 8 a (new)
8a. The organisers of a successfully registered citizens’ initiative shall be required, within an appropriate period of time after the conclusion of the procedure, to present to the Commission a report on the funding of the initiative, including the sources of funding (transparency report). The report shall be examined by the Commission and published together with an opinion.
Amendment 109 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 8 b (new)
Annex - paragraph 8 b (new)
8b. As a general rule the Commission should begin to address the content of a citizens’ initiative only after a transparency report has been presented in due form.
Amendment 1 #
2008/2120(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Treaty of Lisbon, in particular, Article 1 (12),
Amendment 2 #
2008/2120(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the Protocol attached to the Treaty of Lisbon on the role of national parliaments in the European Union annexed to the Treaty of Lisbon, in particular Article 9 thereof,
Amendment 3 #
2008/2120(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the Protocol attached to the Treaty of Lisbon on the application of the principles of subsidiarity and proportionality annexed to the Treaty of Lisbon,
Amendment 4 #
2008/2120(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the peoples of the Unioncitizens are directly represented at EU level in the European Parliament and the Member States are represented toin the fulCouncil by the European Parliament andir respective governments, which themselves are democratically accountable to their national parliaments, each in its ow (see Article 12 of the EU Treaty in the Lisbon Trealmty version); consequently the necessary parliamentarisation of the European Union must rely on two fundamental approaches involving the broadening of the European Parliament’s powers vis-à-vis all the Union’s decisions and the strengthening of the powers of the national parliaments vis-à-vis their respective governments,
Amendment 11 #
2008/2120(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the newobligations and rights of the national parliaments under the Treaty of Lisbon – which is a 'Treaty of the parliaments' – which enhance their role in the political processes of the European Union; considers that these rights can be divided into three categories: Rights to be informedInformation about: – the evaluation of policies conducted in the area of freedom, security and justice; – proceedings of the Standing Committee on Internal Security; – proposals to amend the Treaties; – applications to become a member of the Union; – simplified Treaty revisions (six months in advance); – proposals for Treaty-supplementing measures; Rights to aActively participateion in: – the proper functioning of the Union (“umbrella” provision); – control of Europol and Eurojust together with the European Parliament; – conventions dealing with Treaty changes; Rights to oObjections to: – legislation not complying with the principle of subsidiarity, through the “yellow card” and “orange card” procedures; – Treaty changes in the simplified procedure; – measures of judicial cooperation in civil- law matters (family law); – an infringement of the principle of subsidiarity, by bringing an action before the Court of Justice (if permitted by national law);
Amendment 25 #
2008/2120(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that control over the national governments by the national parliaments must be exercised, first and foremost, in accordance with the relevant constitutional rules; notes, however, that the effective fulfilment of this task as a specific element of the principle of representative democracy is now regarded as a legal precondition for the work of the Union;
Amendment 3 #
2008/2073(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the promotion of equal representation of women and men in the decision-making process is an internationally recognised prerequisite for democracy and a necessary step towards a more democratic Union,
Amendment 11 #
2008/2073(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that gender balance must be respected in nominations; all three positions – the President of the European Council, the President of the Commission and the High Representative/Vice- President – must not be filled by persons of the same sex;
Amendment 58 #
2008/2073(INI)
Motion for a resolution
Paragraph 60 – indent 1
Paragraph 60 – indent 1
– the High Representative/Vice-President should propose the nomination of special representatives, taking into account the equal representation of women and men, with a clear mandate defined in accordance with Article 33 of the Treaty on European Union, to assist him/her in specific areas of his/her competences in CFSP matters (those special representatives, nominated by the Council, should also be heard by the European Parliament and should keep the European Pparliament regularly informed of their activities);
Amendment 1 #
2008/2063(INI)
Draft opinion
Paragraph 2 - point a
Paragraph 2 - point a
Amendment 6 #
2008/2063(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. A more general issue will be how to implement, as far as FSJA-related policies are concerned, the new Treaty provisions on delegated and implementing powers (Article 290 and Article 291, TFEU). AWithout prejudice to Article 290 TFEU, according to which the essential elements, like a limitation of the exercise of fundamental rights, shall always be reserved for the legislative act, a general principle to follow should be that a measure which could affect the scope of fundamental rights protection should be adopted under the delegated powers regime which gives Parliament the power to revoke the decision. 1 Draft 18-month programme of the Council, N° 10093/08, http://register.consilium.europa.eu/pdf/en/08/st10/st10093.en08.pdfOr. en
Amendment 7 #
2008/2063(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. In the transitional period Parliament will face several changes in the form and substance of pending legislation. For the Committee on Civil Liberties, Justice and Home Affairs, Parliament should maintain its insistence on reaching an inter- institutional agreement on the freezing of the adoption of pending 3rd pillar legislative proposals with a fundamental rights dimension until the entry into force of the new Treaty, so as to allow fulluniform judicial scrutiny throughout the whole Union. This could be the case for measures such as the recasting of the framework decision on terrorism.
Amendment 29 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) It is necessary for the Council to adopt the framework decision on procedural rights as soon as possible in order to lay down certain minimum rules on the availability of legal assistance to individuals in the Member States.
Amendment 30 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 8 b (new)
Recital 8 b (new)
(8b) It is also necessary for the Council to adopt as soon as possible the framework decision on the protection of personal data processed within the framework of police and judicial cooperation in criminal matters, providing for an adequate level of data protection. The Member States must ensure a level of protection of personal data in their national law at least equal to that provided under the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and its Additional Protocol of 8 November 2001 and, in so doing, shall take account of Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe to the Member States regulating the use of personal data in the police sector, as well as ensure the protection of data which are not processed automatically.
Amendment 44 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 12
Article 1 – point 12
Decision 2002/187/JHA
Article 13a – paragraph -1 (new)
Article 13a – paragraph -1 (new)
-1. Eurojust shall immediately inform the competent authorities of the Member States concerned, including the respective European Judicial Network contact points, when the College decides that a case falls within its competence and Eurojust takes action in respect of it.
Amendment 35 #
2008/0802(CNS)
Proposal for a decision
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. The Member States shall also ensure that their contact points have sufficient resources to adequately fulfil their tasks as contact points.
Amendment 36 #
2008/0802(CNS)
Proposal for a decision
Article 3 – point b
Article 3 – point b
(b) it shall organise periodic meetings of the Member States' representatives in accordance with the procedures laid down in Articles 5, 6 and 76;
Amendment 37 #
2008/0802(CNS)
Proposal for a decision
Article 3 – point c
Article 3 – point c
(c) it shall constantly provide a certain amount of up-to-date background information, in particular by means of an appropriate telecommunications network,IT tool under the procedures laid down in Articles 8,8 and 9, ands well as provide for secure communication in accordance with Article 10.
Amendment 70 #
2008/0140(CNS)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In the implementation of this directive and when judging complaints of discrimination, there should be as much awareness as possible of multiple discrimination, taking account not only of religion or belief, disability, sexual orientation or age, but also of gender and of racial and ethnic origin.
Amendment 81 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydecisive factors for the assessment of risk.
Amendment 285 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. In the context of their national legal systems, Member States shall take the measures required to ensure that the loss or damage, including immaterial damage, suffered by a person as a result of an instance of discrimination within the meaning of this Directive is actually and effectively compensated for or made good. The relevant measures must be dissuasive and consistent with the nature of the damage suffered.
Amendment 295 #
2008/0140(CNS)
Proposal for a directive
Article 10
Article 10
10. Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force, are brought to the attention of the persons concernedgeneral public by appropriate means throughout their territory.
Amendment 303 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies mayshould form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 319 #
2008/0140(CNS)
Proposal for a directive
Article 14
Article 14
14. Member States shall lay down the rules on sanctions applicable to breaches of the national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. Sanctions may comprise the payment of compensation, whichust be effective, proportionate and dissuasive. Member States shall ensure that the victims of discrimination are entitled to compensation, including compensation for the immaterial damage suffered. In that connection, the compensation may not be restricted by the fixing of a prior upper limit, and must be effective, proportionate and dissuasive.
Amendment 326 #
2008/0140(CNS)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission's report shall take into account, as appropriate, the viewpoints of the social partners and relevant non- governmental organizations, as well as the EU Fundamental Rights Agency. In accordance with the principle of gender mainstreaming, this report shall, inter alias, provide an assessment of the impact of the measures taken on women and men. This report shall also contain information about multiple discrimination, covering not only discrimination on grounds of religion or belief, sexual orientation, age and disability, but also discrimination on grounds of sex, race and ethnic origin. In the light of the information received, this report shall include, if necessary, proposals to revise and update this Directive.
Amendment 28 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 1 – subpoint b a (new)
Article 1 – point 1 – subpoint b a (new)
Decision 2001/470/EC
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(ba) the following paragraph (2a) is added: '(2a) The Member States shall also ensure that their contact points have sufficient resources to adequately fulfil their tasks as contact points.'
Amendment 35 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Decision 2001/470/EC
Article 4 – point 3 a (new)
Article 4 – point 3 a (new)
2a). The following point (3a) is added to Article 4: '3a. it shall cooperate with the contact points of the Judicial Network in criminal matters where this is useful and in the common interest; if required, joint meetings of members of both networks shall be held. '
Amendment 40 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b– subpoint ii
Article 1 – point 3 – subpoint b– subpoint ii
Decision 2001/470/EC
Article 5 – paragraph 2 – point c a
Article 5 – paragraph 2 – point c a
'c)a(ca) inform the public, especially but not only through the website of the Network, on judicial cooperation in civil and commercial matters in the European Union, relevant Community and international instruments and the domestic law of the Member States, with particular reference to access to justice;'
Amendment 41 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint ii a (new)
Article 1 – point 3 – subpoint b – subpoint ii a (new)
Decision 2001/470/EC
Article 5 – paragraph 2 – point c b (new)
Article 5 – paragraph 2 – point c b (new)
(iia) the following point (c(b) is inserted: '(c(b) make the Network, including the website of the Network, better known to the local judicial authorities, especially judges dealing with judicial cooperation in civil and commercial law.'
Amendment 42 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint ii b (new)
Article 1 – point 3 – subpoint b – subpoint ii b (new)
Decision 2001/470/EC
Article 5 – paragraph 2 – point c c (new)
Article 5 – paragraph 2 – point c c (new)
(ii(b) the following point (cc) is inserted: '(cc) promote the organisation of training sessions on judicial cooperation in civil and commercial matters for the benefit of the local judicial authorities of their Member States, where appropriate in cooperation with the European Judicial Training Network.'
Amendment 43 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint ii c (new)
Article 1 – point 3 – subpoint b – subpoint ii c (new)
Decision 2001/470/EC
Article 5 – paragraph 2 – point c d (new)
Article 5 – paragraph 2 – point c d (new)
(iic) the following point (cd) is inserted: '(cd) make the website of the Network better known to the public.'
Amendment 47 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 4 a
Article 1 – point 4 a
Decision 2001/470/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
4a) In article 7, paragraph 1 shall be replaced by the following: '1. To facilitate the practical operation of the Network, each Member State shall ensure that the contact points have adequate knowledge of an official language of the institutions of the Union other than their own, given that they need to be able to communicate with the contact points in other Member States.'
Amendment 51 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 5
Article 1 – point 5
Decision 2001/470/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The contact points shall respond to all requests submitted to them without delay and at the latest within ten working days of receipt thereof. If a contact point cannot reply to a request within ten working days of receipt thereof, it shall inform the requester briefly of this fact, indicating how long it considers it will need to reply.
Amendment 56 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 8
Article 1 – point 8
Decision 2001/470/EC
Article 12 a – paragraph 1 a (new)
Article 12 a – paragraph 1 a (new)
(1a) The Network shall establish close relations with the European Court of Justice and the Court of First Instance.
Amendment 63 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Decision 2001/470/EC
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
(11a) The following paragraph (3a) shall be inserted in Article 14: (3a) The Member States shall likewise include links on their national websites, that concern judicial cooperation in civil and commercial matters, to the website of the Network.
Amendment 64 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 12
Article 1 – point 12
Decision 2001/470/EC
Article 17 – paragraph 4 –point b
Article 17 – paragraph 4 –point b
'(b) arrange, within the limits of available resources, for the translation into the official languages of the Institutions of the CommunityUnion of information on the relevant aspects of Community law and procedures, including Community case law, and of the information system's general pages and the information sheets referred to in Article 15, and install them on the Network's dedicated site.'
Amendment 10 #
2008/0078(CNS)
Proposal for a regulation
Article 11A a (new)
Article 11A a (new)
Amendment 11 #
2008/0078(CNS)
Proposal for a regulation
Article 12
Article 12
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall expire on the date to be fixed by the Council, acting in accordance with Article 55(2) of Regulation (EC) No 1987/2006, and in any event no later than on 30 June 2010..
Amendment 10 #
2008/0077(CNS)
Proposal for a decision
Article 11A a (new)
Article 11A a (new)
Amendment 11 #
2008/0077(CNS)
Proposal for a decision
Article 12
Article 12
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall expire on the date to be fixed by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA, and in any event no later than on 30 June 2010.
Amendment 8 #
2007/2115(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Parliament has had its own 1 Rule 9(4) of the Rules of Procedure. 2 Annex IX, article 3 of the Rules of Procedure. register for lobbyists1 from as long ago as 1996, as well as a Code of Conduct2 which obliges registered lobbyists to act according to high ethical standards,
Amendment 9 #
2007/2115(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there are currently approximately 5 000 registered lobbyists in Parliament,
Amendment 21 #
2007/2115(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that a Member may, as he or she sees fit (on a voluntary basis), use a ‘legislative footprint’, i.e. an indicative list (attached to Parliament’s reports) of registered interest representatives who were consulted during the preparation of the report; stresses, nevertheless, that it is even more important for the Commission to attach such ‘legislative footprint’ to its legislative initiatives;
Amendment 25 #
2007/2115(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 43 #
2007/2115(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses also, however, that the regions and municipalities of the Member States, as well as political parties at national and European level, are privileged partners of the European Parliament, whose representatives are not to be regarded as lobbyists within the meaning of the projected rules;
Amendment 61 #
2007/2115(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is aware of the arguments in favour of both voluntary and compulsory registration of lobbyists; notes the Commission’s decision to start with a voluntary register and evaluate the system after one year; recalls that entry in Parliament’s register is already de facto mandatory, because registering is a prerequisite for gaining, however, an absolute precondition for obtaining the status of lobbyist registered with the European Parliament and the rights associated therewith, including the right of free access to Parliament;
Amendment 68 #
2007/2115(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that Parliament’s current Rules of Procedure already provide that any breach of the Code of Conduct may lead to the withdrawal of the nominative pass, which entails deletion from the registerdeletion from the register and hence to withdrawal of the status of lobbyist registered with the European Parliament, together with the rights deriving from that status, including the right of free access to the European Parliament;
Amendment 78 #
2007/2115(INI)
Motion for a resolution
Paragraph 16 – introductory paragraph
Paragraph 16 – introductory paragraph
16. Notes the Commission’s decision to ask for financial disclosure byhat interest representatives joining the register to apply tomust provide the following financial information:
Amendment 81 #
2007/2115(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the requirement of financial disclosure must apply equally to all registered interest representatives;
Amendment 18 #
2007/0216(COD)
Citation 1 a (new)
- having regard to the opinion of the European Data Protection Supervisor of 26 March 2008,
Amendment 19 #
2007/0216(COD)
Proposal for a regulation – Amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) There is regrettably still no large, comprehensive study of the use of fingerprints from children. The existing pilot projects in this field do not provide sufficient information to take such a fundamental and far-reaching decision. An age limit should therefore be chosen in a responsible manner and must be based on past experience (e.g. the US visitors' programme or Eurodac).
Amendment 22 #
2007/0216(COD)
Proposal for a regulation – amending act
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 2252/2004
Article 1 – paragraph 2 a
Article 1 – paragraph 2 a
(2) the followingIn Article 1, paragraph 2a ishall be inserted after paragraph 2: "2a. The following persons shall be exempt from the requirement to give fingerprints: (a) children under the age of 614; the age from which children are required to provide fingerprints shall be considered to be provisional and shall be reviewed after three years in accordance with Article 5a; (b) persons, where fingerprinting is physically impossible."
Amendment 19 #
2005/0267(CNS)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) In this context it is of paramount importance to adopt as soon as possible the framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, providing for an adequate level of data protection and including the processing of personal data at national level.
Amendment 20 #
2005/0267(CNS)
Proposal for a decision
Article 9 – paragraph -1 (new)
Article 9 – paragraph -1 (new)
-1. The processing of personal data for the purposes of this Framework Decision shall comply with at least the following basic principles: (a) data processing shall be permitted by law, and shall be necessary and proportionate in relation to the purposes of collection and/or further processing; (b) data shall be collected only for specified and legitimate purposes and further processed in a way compatible with those purposes; (c) data shall be accurate and up-to-date;
Amendment 21 #
2005/0267(CNS)
Proposal for a decision
Article 9 – paragraph -1 a (new)
Article 9 – paragraph -1 a (new)
Amendment 29 #
2005/0202(CNS)
Recital 6 b
Amendment 35 #