Activities of Gwendoline DELBOS-CORFIELD related to 2022/2051(INL)
Plenary speeches (1)
Proposals of the European Parliament for the amendment of the Treaties (debate)
Shadow opinions (2)
POSITION IN THE FORM OF AMENDMENTS on proposals of the European Parliament for the amendment of the Treaties
OPINION Proposals of the European Parliament for the amendment of the Treaties
Amendments (38)
Amendment 7 #
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the proposals made by the plenary of the Conference on the Future of Europe (‘the Conference’) of 9 May 2022 in relation to the field of civil liberties, justice and home affairs1 ; calls upon the Union to more systematically uphold the rule of law principles andand democracy, ensure fundamental rights protection, and to scrutinize respect for all these values and principlesenshrined in Article 2 TEU, both in the accession of new members and continually across all Union policies and across the Member States; _________________ 1 In particular the following proposals: 22, 25, 26, 27, 28, 29, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
Amendment 14 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the abolishment of all unanimity requirements in the Treaties and the systematic use of the ordinary legislative procedure for adopting legislation in the area of freedom, security and justice, including for the use of passerelle clauses;
Amendment 20 #
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the Union’s main political instrument to address and reverse systemic rule of law threats and violationbreaches in the Member States, Article 7 TEU, has been whollyso far ineffective as the rule of law situation further deteriorated since the activation of the procedure in relation to both Poland and Hungary;2 therefore, considers it necessary to reform Article 7 TEU as follows: to change the Council voting thresholds of Article 7(1) TEU from four- fifths majority to qualified majority voting, and of Article 7(2) TEU from unanimity to a four-fifthsqualified majority; to involve the institution which triggers Article 7(1) TEU throughout the procedure;3 to require the Council to periodically organize hearings,invite a representative of the body that submitted the reasoned proposal to present it, to organize at least two hearings for each country concerned per half year, to draft country-specific recommendations and evaluate their implementation under Article 7(1) TEU; to involve the Parliament and the Commission in drafting modalities for the 7(1) TEU hearings;4 to allow the Parliament to trigger Article 7(2) TEU; to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearingdicate that Member States, the Commission and the Parliament shall consider triggering Article 7(2) TEU if the procedure under Article 7(1) TEU lasts more than five years; to specify further the rights deriving from the application of the Treaties which may be suspended under Article 7(3) TEU, including the right to hold the Presidency of Council configurations; to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearings; to allow the Council, acting by qualified majority, to take appropriate budgetary measures, including a suspension of commitments and payments, taking into account the possible consequences of such measures on the rights and obligations of natural and legal persons; to allow the Parliament and the Council, with the ordinary legislative procedure, to adopt the provisions for the procedure applicable to the adoption and lifting of such measures; _________________ 2 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)); European Parliament resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (2022/2647(RSP)). 3 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)). 4 European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (2020/2072(INI).
Amendment 28 #
Motion for a resolution
Paragraph 1 – point a (new)
Paragraph 1 – point a (new)
(1) The Treaty on European Union shall be amended as follows: (a) in Article 2, the second sentence shall be replaced by the following: “These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and gender equality prevail.”;
Amendment 32 #
Motion for a resolution
Paragraph 1 – point b (new)
Paragraph 1 – point b (new)
(1) The Treaty on European Union shall be amended as follows: (b) In Article 3(3), the second subparagraph is replaced by the following: “It shall combat social exclusion and discrimination, and shall promote social justice and protection, gender equality, solidarity between generations and protection of the rights of the child.”;
Amendment 34 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Treaties currently do not contain a legal basis to introduce legislation to defend and promote the common values expressed in Article 2 TEU and that this absence has seriously limited the Union in creating suitable and effective mechanisms to redress national threats and breaches to the common values; calls for the inclusion of such a provision, which would allow the Union, through the ordinary legislative procedure, to introduce new mechanisms for the structural monitoring and assessment of the developments as regards the common values in each Member State, including annual reports on the situation aclearly assessing whether there were deficiencies, a risk of a serious bregards theach or an actual breach of Article 2 TEU values in each of the Member States, and to issue country-specific recommendations with implementation deadlines, targets and concrete actions to be taken as well as benchmarks to measure progress, to ensure these country- specific recommendations andinclude those relevant for the European Semester, especially the CSRs linked to the independence of the judiciary and the public prosecutor, and to fighting corruption and ensuring transparency and integrity; and swiftly impose measures in case of lack of remedial action;
Amendment 37 #
Motion for a resolution
Paragraph 1 – point d (new)
Paragraph 1 – point d (new)
(1) The Treaty on European Union shall be amended as follows: (d) In Article 13, the following paragraph shall be added: “5. The composition of the Union’s institutions as well as of its governing and consultative bodies created by them shall aim to be gender balanced and shall ensure diversity and seek gender parity.”;
Amendment 43 #
Motion for a resolution
Paragraph 2 – point a (new)
Paragraph 2 – point a (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (a) in Article 4(2), point (k) shall be replaced by the following: “(k) common safety concerns in public health matters and the protection of human health, including on sexual and reproductive health and rights.”;
Amendment 47 #
Motion for a resolution
Paragraph 2 – point c (new)
Paragraph 2 – point c (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (c) Article 8 shall be replaced by the following: “Article 8 In all its activities, the Union shall aim to eliminate inequalities and to promote gender equality, implementing gender mainstreaming in all policy areas and gender responsive-budgeting.”;
Amendment 47 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the inclusion of the Charter of fundamental rights as the second chapter of the EU Treaty in order for fundamental rights and freedoms to feature more prominently in the founding Treaties; calls for the inclusion in the Treaties of a fundamental rights mainstreaminghorizontal provision similar to Articles 8, 9 and 10 TFEU, so as to makeinstream the Union’s horizontal obligation to incorporate a fundamental rights perspective in all policies at all levels and at all stages explicit, hence remindquiring the co-legislators just as all Union institutions, bodies, offices and agencies and the Member States when they are implementing Union law to respect EU fundamental rights and promote their application in all their activities; considers it necessary, in addition, to make it mandatory for Union institutions, bodies, offices and agencies to include fundamental rights monitoring mechanisms and related evaluation clauses which should contain clear targets and benchmarks, in particular whenever legislating in fundamental rights-sensitive policy areas, including the area of freedom, security and justice (enhanced fundamental rights mainstreaming);
Amendment 52 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a widening of the scope of application of the Charter of Fundamental Rights of the European Union in relation to the Member States; to that effect, Article 51(1) of the Charter cshould be revised so as to state that EU fundamental rights should protect Union citizens whenevervis-a-vis Member States act within the scope of a Union competence, whether exclusive or shared, even if such a competence has not yet been exercised by the Union;5 _________________ 5 In light of AG Sharpston’s opinion of 30 September 2010 in Case C-34/09, Zambrano.in all situations;
Amendment 53 #
Motion for a resolution
Paragraph 2 – point d (new)
Paragraph 2 – point d (new)
(2) In the Treaty on the Functioning of the European Union: (d) Article 10 shall be replaced by the following: “Article 10 In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, gender, gender identity, gender expression, sex characteristics, racial or ethnic origin, religion or belief, disability, age or sexual orientation.”;
Amendment 57 #
Motion for a resolution
Paragraph 2 – point e (new)
Paragraph 2 – point e (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (e) in Article 19, paragraph 1 shall be replaced by the following: “1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may take appropriate action to combat discrimination based on sex, gender, gender identity, gender expression or sex characteristics, racial or ethnic origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.”;
Amendment 60 #
Motion for a resolution
Paragraph 2 – point f (new)
Paragraph 2 – point f (new)
Amendment 62 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for making FRA responsible for ensuring that fundamental rights and freedoms are respected by Union institutions and bod, bodies, offices and agencies, and by the Member States when implementing Union law, including by promoting, monitoring and enforcing the Charter of fundamental rights of the European Union and by advising, on its own initiative or on request, all Union institutions and bod, bodies, offices and agencies on fundamental rights and freedoms in the context of EU legislative and administrative measures; calls for introducing in the Treaties an obligation for the to consult the FRA when preparing proposals for legislative acts or recommendations which have an impact on fundamental rights; calls for making FRA the central point coordinating a network of EU Agencies’ Fundamental rRights Officers;
Amendment 63 #
Motion for a resolution
Paragraph 2 – point g (new)
Paragraph 2 – point g (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (g) in Article 83(1), the second and third subparagraphs shall be replaced by the following: “These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, gender based violence, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime”. On the basis of developments in crime, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure may identify other areas of crime that meet the criteria specified in this paragraph.”;
Amendment 66 #
Draft opinion
Paragraph 9
Paragraph 9
9. Points out that the 1993 Paris Principles require human rights institutions to have as broad a mandate as possible, including by handling complaints, to promote and protect human rights and, to function independently and to be provided with adequate resources; requests, therefore, expanding the scope of the mandate of the FRA to cover all Union competences, including the Union’s common foreign and security policy; considers it necessary to give the European Union Authority for Fundamental RightsFRA the status of privileged applicant before the CJEU in actions for annulment where respect for fundamental rights is at stake; considers that in order to reflect its independence and the expansion of its powers and mandate, a change in name from European Union Agency for Fundamental Rights to European Union Authority for Fundamental Rights is appropriate and appropriate financial and human resources should be allocated to sufficiently implement this mandate;
Amendment 67 #
Motion for a resolution
Paragraph 2 – point h (new)
Paragraph 2 – point h (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (h) in Article 153(1), point (i) shall be replaced by the following: “(i) to promote gender equality with regard to labour market opportunities and treatment at work;”;
Amendment 72 #
Motion for a resolution
Paragraph 2 – point i (new)
Paragraph 2 – point i (new)
Amendment 79 #
Motion for a resolution
Paragraph 2 – point k (new)
Paragraph 2 – point k (new)
(k) Declaration on Article 8 of the Treaty on the Functioning of the European Union (no 19) shall be replaced as follows: “The Conference agrees that, in its general efforts to eliminate gender inequalities the Union will aim in its different policies to combat all kinds of gender-based violence. The Member States should take all necessary measures to prevent and punish these criminal acts and to support and protect the victims.”
Amendment 79 #
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for an access of third- country nationals to citizenship of the Union if they have resided legally and continuously within the Union for five years immediately prior to the submission of the relevant application and the Union competence to lay down rules on the acquisition and loss of citizenship of the Union by third country nationals; calls for the prohibition of granting nationality of a Member State or citizenship of the Union in exchange for material gain;
Amendment 80 #
Draft opinion
Paragraph 13
Paragraph 13
13. NotDeplores that horizontal EU legislation on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation has still not been adopted since the 2008 Commission initiative due to the absence of unanimity in Council; recommendproposal due to blockage at Council level; asks therefore that EU action to combat discriminations on the basis of Article 19 TFEU be taken in accordance with the ordinary legislative procedure; in order to ensure a uniform minimum level of protection within the Union for people who are discriminated against; calls for Article 19 TFEU to also cover the grounds of gender, gender identity, gender expression or sex characteristics, social origin, genetic features, language, political or any other opinion, membership of a national minority, property and birth, as well as intersectional discrimination;
Amendment 84 #
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls for the introduction in the TFEU of a new competence to legislate on facilitating the exercise of the rights of people belonging to minorities and for the accession of the Union to the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities;
Amendment 85 #
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls for the introduction in Article 10 TFEU of the grounds of gender, gender identity, gender expression or sex characteristics, and all other grounds mentioned in the Charter of Fundamental Rights, for the Union to combat discrimination when defining and implementing its policies and activities;
Amendment 86 #
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls for the inclusion, in Article 8 TFEU, of a reference to gender inequalities and an obligation for the Union to aim in its different policies to combat all kinds of gender-based violence, including by taking all necessary measures to prevent and punish these criminal acts and to support and protect the victims;
Amendment 87 #
Draft opinion
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Calls for the inclusion, in Article 21(1) of the Charter of Fundamental Rights of the European Union, of gender, gender identity, gender expression, sex characteristics, in order to also prohibit discrimination on these grounds explicitly;
Amendment 88 #
Draft opinion
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Calls for the inclusion of the right to self-determination in the Charter of Fundamental Rights;
Amendment 89 #
Draft opinion
Paragraph 13 f (new)
Paragraph 13 f (new)
Amendment 90 #
Motion for a resolution
Paragraph 3 – point c (new)
Paragraph 3 – point c (new)
(3) The Charter shall be amended as follows: (c) in Article 21, paragraph 1, shall be replaced by the following: “1. Any discrimination based on any ground such as sex, gender, gender identity, gender expression, sex characteristics, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.”;
Amendment 90 #
Draft opinion
Paragraph 13 g (new)
Paragraph 13 g (new)
13 g. Calls for the inclusion of the climate target in Article 37 of the Charter of Fundamental Rights;
Amendment 91 #
Draft opinion
Paragraph 13 h (new)
Paragraph 13 h (new)
13 h. Calls for measures concerning family law with cross-border implications to be adopted in accordance with the ordinary legislative procedure;
Amendment 95 #
(3) The Charter shall be amended as follows: (d) Article 23 shall be replaced by the following: “Article 23 Gender Equality Gender equality must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of women in all their diversity.”
Amendment 99 #
Motion for a resolution
Paragraph 3 – point e (new)
Paragraph 3 – point e (new)
(3) The Charter shall be amended as follows: (e) a new Article shall inserted before Article 24: “Article 23a The right to access to sexual and reproductive health and rights Everyone has the right to bodily autonomy and to have free and informed access to sexual and reproductive health and rights and to all related healthcare services without discrimination, including to a safe and legal abortion.”
Amendment 100 #
Draft opinion
Paragraph 15
Paragraph 15
15. Believes these form a sound basis to respond to calls from citizens expressed at the Conference6 which included strengthening the EU’s role on legal migration, on asylum, on addressing irregular migration, and on strengthening the protectionthe proper management of the European Union's external borders, while respecting fundamental rights, as well as for reform of the common European asylum system and for applying common rules uniformly in all Member States on the reception of migrants and for improving integration policies in all Member States; _________________ 6 Recommendations Nos 41 to 45, see https://www.europarl.europa.eu/resources/l ibrary/media/20220509RES29121/202205 09RES29121.pdf
Amendment 106 #
Draft opinion
Paragraph 16
Paragraph 16
16. Stresses however that action at EU level remains incomplete due to the institutional imbalance between the co- legislators; recommends therefore that the ordinary legislative procedure apply to all Union policies on border checks, asylum and immigration, including for the evaluation of the implementation of those policies (Article 70 TFEU); calls for competences to be fully shared between the EU and the Member States, including for harmonisation of the laws and regulations of the Member States, which at the moment excludes integration measures, even though integration is the natural end point forand inclusion of third-country-nationals is fundamental to the success of efforts to develop common rules fromregarding their arrival of third-country nationalsto and stay into the EU and is a key part of the implementation of the Common European Asylum System;
Amendment 110 #
Draft opinion
Paragraph 17
Paragraph 17
17. Calls for the introduction of a Union competence in Article 82 TFEU to establish minimum conditions for pre-trial detention and custody., and for minimum standards on the admissibility of evidence, in full respect of the right to a fair trial in criminal proceedings; calls for mutual recognition of judicial decisions in criminal matters under Article 83(2) to be fully anchored to the respect, by Member States, of fundamental rights and the rule of law, and of judicial independence in particular;
Amendment 114 #
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls for a stronger involvement of the Parliament under the special legislative procedure of Article 83(1) TFEU, related to the identification of new areas of particularly serious crime with a cross-border dimension; calls for the inclusion of environmental crime and gender-based violence in the list of ‘Euro- crimes’;
Amendment 115 #
Draft opinion
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls for the use of the ordinary legislative procedure under Article 86(4) TFEU to extend the European Public Prosecutor Office's (EPPO) competence to exercise the functions of prosecutor in the competent courts of the Member States in relation to new areas of serious crime with a cross-border dimension; calls for the inclusion of environmental crime among the areas of crimes of ‘Euro-crimes’ in respect of which the EPPO shall be responsible for conducting investigations and prosecutions.