BETA

15 Amendments of Rob ROOKEN related to 2022/2051(INL)

Amendment 5 #
Draft opinion
Paragraph 1
1. SupportNotes 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 and ensure fundamental rights protecwithin its institutions, and to scrutinize respect for these values and principles, both in the accession of new members anincluding in cases of abuses of competence, lobbying, favouritism towards selected countinually across all Union policies and across the Member Stateries or companies and unacceptable ideological bias; _________________ 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.
2022/12/15
Committee: LIBE
Amendment 8 #
Draft opinion
Paragraph 1 a (new)
1 a. Negatively assesses the outcome of the Conference on the Future of Europe as the citizens, Member States and national parliamentarians were effectively caught in a coordinated pincer movement organised by the federalist caucus in the European Parliament and its allies in the centralist panEuropean NGOs;
2022/12/15
Committee: LIBE
Amendment 11 #
Draft opinion
Paragraph 2
2. Calls for the abolishment ofStrongly opposes the proposal to abolish all unanimity requirements in the Treaties for adopting legislation in the area of freedom, security and justice, including for the use of passerelle clauses as the events of the last years show that the majority voting mechanism introduced by the Lisbon Treaty does not sufficiently guarantee the rights of the smaller states, and a further move away from unanimity will only exacerbate this problem, because imposition of qualified majority voting carries the risk of increasing disparities between Member States, as well as the domination of the largest states in Union policy-making;
2022/12/15
Committee: LIBE
Amendment 32 #
Draft opinion
Paragraph 4
4. Notes that the Treaties currently do not contain a legal basis to introduce legislation to defend the common values expressed in Article 2 TEU and that this absence has seriously limited the Union in creating suitable mechanisms to redress national threats 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 as regards the Article 2 TEU values in each of the Member States, and to issue country- specific recommendations and impose measures in case of lack of remedial action;deleted
2022/12/15
Committee: LIBE
Amendment 44 #
Draft opinion
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 mainstreaming provision similar to Articles 8, 9 and 10 TFEU, so as to make the Union’s horizontal obligation to incorporate a fundamental rights perspective in all policies at all levels and at all stages explicit, hence reminding 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 to include fundamental rights monitoring mechanisms and related evaluation clauses whenever legislating in fundamental rights-sensitive policy areas, including the area of freedom, security and justice (enhanced fundamental rights mainstreaming)Stresses that the nature of Member States' obligations under the Charter is limited, i.e. confined to their implementation of Union law; in view of the progressive extension of Union law to further areas, underlines the importance of the principles of subsidiarity, as expressed in Article 51 of the Charter, and respect for the limits of the powers of the Union as conferred on it in the Treaties;
2022/12/15
Committee: LIBE
Amendment 50 #
Draft opinion
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) Charter could be revised so as to state that EU fundamental rights should protect Union citizens whenever 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.deleted
2022/12/15
Committee: LIBE
Amendment 59 #
Draft opinion
Paragraph 7
7. Requests giving the FRA a foundation in the Treaties, including laying down, in accordance with the UN General Assembly’s Paris Principles of 1993, itStresses that the FRA's status as an authorit body independent ofrom both the EU institutions and the Member States, its powers and its new mandate, and introducing the ordinary legislative procedure for amending it should be considered fulfilled in the current state of law, and that there is no need to amend the Treaties in this respect; recalls that Regulation (EU) 2022/555 amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights emphasises in several recitals mandate articles the independence of both the Agency and its members;
2022/12/15
Committee: LIBE
Amendment 61 #
Draft opinion
Paragraph 8
8. Calls for making FRA responsible for ensuring that fundamental rights and freedoms are respected by Union institutions and bodies 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 bodies 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;deleted
2022/12/15
Committee: LIBE
Amendment 64 #
Draft opinion
Paragraph 9
9. Points out that the 1993 Paris Principles require human rights institutions to have as broad a mandate as possible to promote and protect human rights and to function independently; 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 Rights 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;deleted
2022/12/15
Committee: LIBE
Amendment 68 #
Draft opinion
Paragraph 10
10. Considers it necessary to give the European Data Protection Supervisor the status of privileged applicant before the CJEU in actions for annulment where the right to data protection is at stake;deleted
2022/12/15
Committee: LIBE
Amendment 71 #
Draft opinion
Paragraph 11
11. Considers it necessary to give the CJEU full jurisdiction on the common foreign and security policy in view of the potential impact of those policy areas on Article 2 TEU values and the fundamental rights protection, which is moreover an essential requirement towards accession of the Union to the European Convention for Human Rights;deleted
2022/12/15
Committee: LIBE
Amendment 92 #
Draft opinion
Subheading 3
Policies on Border checks, Asylum and Immigrationdeleted
2022/12/15
Committee: LIBE
Amendment 93 #
Draft opinion
Paragraph 14
14. Reaffirms the objectives and general principles on which the common policies on borders, asylum and immigration are based in the Treaties, such as free movement under Articles 77 and 79(2)(b) TFEU, non-refoulement under Article 78(1) TFEU, fair treatment of third-country nationals, or the principle of solidarity and fair sharing of responsibility between the Member States under Article 80 TFEU, which should be used as a complementary legal basis for legislation under this Treaty chapter;deleted
2022/12/15
Committee: LIBE
Amendment 97 #
Draft opinion
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 protection 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 /library/media/20220509RES29121/20220 509RES29121.pdfdeleted
2022/12/15
Committee: LIBE
Amendment 102 #
Draft opinion
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 for efforts to develop common rules from the arrival of third- country nationals into the EU and is a key part of the implementation of the Common European Asylum System;deleted
2022/12/15
Committee: LIBE