18 Amendments of Jordi SOLÉ related to 2018/0208(COD)
Amendment 16 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) According to Articles 8 and 10 of the Treaty of Functioning of the EU, the Justice Programme in all its activities should support gender mainstreaming, including gender budgeting, and the mainstreaming of non-discrimination objectives.
Amendment 18 #
Proposal for a regulation
Recital 2
Recital 2
(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, equality, rights and EU values: human rights, respect for human dignity, freedom, democracy, gender equality, non-discrimination, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). __________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 19 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on our common history and memory. A strong and independent women’s rights and lgtbi movement is essential for improving gender equality. It is key for the EU, in line with its core values, to provide sufficient support to these organisations, grassroots groups and defenders, particularly those working in challenging contexts. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 21 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles and values, such as non-discrimination, gender equality, equal treatment on the basis of sex, race or ethnic origin, religion or belief, disability, age and sexual orientation effective access to justice for all, the rule of law and a well-functioning independent judicial system shall be ensured in the further development of a European area of justice.
Amendment 26 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The incorporation of the gender perspective in justice systems should be considered an important goal to further develop the European area of justice. Intersectional discrimination in the justice system is still one of the main barriers in terms of women’s equal access to justice. The programme should therefore actively contribute to the elimination of any discrimination and barriers to minority, disabled, migrants, asylum seekers, elderly, people living in remote areas or any vulnerable groups that might find restrictions to access to justice and support victim-friendly and gender sensitive procedures and decisions in judicial systems;
Amendment 27 #
Proposal for a regulation
Recital 8
Recital 8
(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable. Specific gender training for judges, police and prosecutors should be made available in order to ensure sure victims of trafficking, of gender-based violence and of other crimes are properly protected, identified and respected and to promote cooperation and good practices among judicial system with victim- friendly and gender sensitive procedures;
Amendment 33 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The programme should also support the promotion of best practices between courts specifically handling gender-based violence and the exchange of common resources and training materials on gender-based violence for judges, public prosecutors, lawyers, police and other professionals that come in contact with victims of gender based violence;
Amendment 40 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The programme should also aim at promoting better implementation and coordination between the various EU victim-protection instruments, such as the Regulation 606/2013 on mutual recognition of protection measures in civil matters; Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime; and Directive 2011/99 of the European Protection Order. Special attention shall be also put in promoting the well- functioning of the European Protection Order and to coordinate programmes to initiate awareness-raising campaigns within the Member States to inform victims of crime of the possibility to apply for cross-border protection measures and to ensure that victims are aware and have full access to their rights across the EU;
Amendment 45 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to support and promote judicial training, including gender trainings, with a view to fostering a common legal, judicial and rule of law culture;
Amendment 48 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to facilitate effective and equal access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.
Amendment 49 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) To promote the integration of the gender perspective in European justice systems and support victim-friendly and gender sensitive procedures in judicial systems;
Amendment 50 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The budget allocated for actions linked to the promotion of gender equality shall be indicated annually in an independent budget stand;
Amendment 53 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that data, where applicable disaggregated by gender, 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.
Amendment 55 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Evaluations shall be carried out in a timely manner to feed into the decision- making process. All evaluations shall be gender sensitive and include a specific chapter on gender equality with a detailed analysis of the programme budget dedicated to gender equality related activities.
Amendment 57 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 1. The group of experts consulted shall be gender balanced.
Amendment 58 #
Proposal for a regulation
Annex I – paragraph 1 – point 2 a (new)
Annex I – paragraph 1 – point 2 a (new)
2 a. Exchange of good practices on best ways to promote and incorporate the gender perspective in all the phases of the judicial system and best ways to ensure equal access to justice for all
Amendment 61 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 a (new)
Annex I – paragraph 1 – point 4 a (new)
4 a. Specific gender training for judges, layers, police and prosecutors on gender based violence and victims- friendly procedures and exchange of best practices between courts specifically handling gender-based violence
Amendment 63 #
Proposal for a regulation
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
The Programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data (disaggregated by gender where applicable) will be collected as regards the following set of key indicators: