41 Amendments of Jorge BUXADÉ VILLALBA related to 2023/2068(INI)
Amendment 4 #
Motion for a resolution
Citation 7
Citation 7
Amendment 5 #
Motion for a resolution
Citation 9
Citation 9
Amendment 6 #
Motion for a resolution
Citation 10
Citation 10
Amendment 7 #
Motion for a resolution
Citation 11
Citation 11
Amendment 8 #
Motion for a resolution
Citation 12
Citation 12
Amendment 9 #
Amendment 10 #
Motion for a resolution
Citation 14
Citation 14
Amendment 12 #
Motion for a resolution
Citation 15
Citation 15
Amendment 14 #
Motion for a resolution
Citation 16
Citation 16
Amendment 15 #
Motion for a resolution
Citation 17
Citation 17
Amendment 21 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to Article 51 of the Charter, its provisions are addressed to the institutions, bodies, offices and agencies of the Union, due regard being had for the principle of subsidiarity, and to the Member States when they are implementing Union law, and whereas the Charter itself goes on to state that it does not extend the field of application of Union law beyond their competences, or establish any new power or task for the Union, or modify powers or tasks defined in the Treaties; and whereas Articles 4 and 5 of the Treaty reiterate - given their systemic relevance - the principle that any competence not conferred on the Union in the Treaties lies with the Member States;
Amendment 23 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Article 10 of the Charter recognises the right of everyone to freedom of thought, conscience and religion, and Article 11 recognises the right to freedom of expression, including freedom of opinion, without interference by public authority and regardless of frontiers;
Amendment 28 #
Motion for a resolution
Recital B
Recital B
B. whereas all forms and manifestations of hatred and intolerance, including hate speech and hate crime, are incompatible with the Union values of human dignity, freedom, democracy, equality, rule of law and respect for human rights, as enshrined in Article 2 of the TEU;
Amendment 39 #
Motion for a resolution
Recital C
Recital C
C. whereas hate speech and hate crime are particularly serious crimes and affect not only the individual victims and their communities, causing them suffering and limiting their fundamental rights and freedoms, but also society as a whole, undermining the foundations of the EUcriminal law is the last resort in accordance with the European legal tradition and the most elementary principle of respect for human dignity and freedom;
Amendment 49 #
Motion for a resolution
Recital D
Recital D
Amendment 53 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the terms intolerance and hatred are legally indeterminate, yet politically and subjectively charged;
Amendment 58 #
Motion for a resolution
Recital E
Recital E
E. whereas in the last few decades there has been a sharp rise in discrimination, hate crime and hate speech across the EU4, an increase in various forms of racism, xenophobia and other forms of intolerance and an alarming spike in online and offline hate speech and incitement; whereas this is being exacerbated in many Member States by extremist and populist movements and the multiplier effect of the online environment and social media, which favours revictimisation; _________________ 4 See, for instance, the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2019 and the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2020, and the study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs entitled ‘Hate speech and hate crime in the EU and the evaluation of online content regulation approaches’, July 2020.violence in European cities, most recently demonstrated by the violent riots in France last July, and whereas attempts are made to seek to justify such conduct politically and in the media with inappropriate claims of minority rights on many occasions;
Amendment 66 #
Motion for a resolution
Recital F
Recital F
F. whereas minors are particularly vulnerable victims of hate speech and hate crime and whereas such attacks endanger their physical and mental integrity and affect their development and mental health;
Amendment 74 #
Motion for a resolution
Recital G
Recital G
G. whereas Member States do not address hate speech and hate crime in the same way in their respective criminal laws, which makes it difficult to define a common European strategy to combat itin accordance with their sovereign competences and the social reality of each Member State;
Amendment 81 #
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework onlalready covers hate speech and hate crimes on the grounds of race, skin colour, religion and national or ethnic origin; whereas tand where ias a clear need to effectively address hate speech and hate crimes based on other grounds, such as sex, sexual orientation, age and disabilityll Member States' Constitutions and legislation firmly proclaim the equality of all citizens before the law;
Amendment 86 #
Motion for a resolution
Recital I
Recital I
Amendment 90 #
Motion for a resolution
Recital J
Recital J
Amendment 96 #
Motion for a resolution
Recital K
Recital K
Amendment 100 #
Motion for a resolution
Recital L
Recital L
Amendment 111 #
Motion for a resolution
Recital N
Recital N
N. whereas this Council decision would be a first step in creating the necessary legal basis to adopt, as a second step, a common legal framework to combat hate speech and hate crimein any case be an act that would exceed the competences of the Council in that neither the social criteria nor the criteria for a cross the EU; whereas such a common legal framework is urgentlyiminal response (particular seriousness of a crime, cross- border dimension, a special needed to combat hate speech and hate crime on a common European basis in order to ensure consistent protection of the potential victims of such acts across the Unionoffences on a common basis) required by Article 83(1) TFEU are met; whereas those criteria, since they constitute an exceptional and extraordinary derogation from the rule of law of the Member States, must be interpreted and applied restrictively;
Amendment 112 #
Motion for a resolution
Recital O
Recital O
O. whereas the Council has yet to adopt a decision; whereas some Member States have been blocking concrete progress on this specific file in the Council;
Amendment 115 #
Motion for a resolution
Recital P
Recital P
P. whereas Article 83(1) TFEU requires unanimity in the Council to identify ‘other areas of crime’; whereas this requirement proved detrimental to achieving necessary common progress in an area where the common European interest should prevail;
Amendment 128 #
1. Urges the Council to close the file to adopt a decision to include hate speech and hate crime as a criminal offence within the list under Article 83(1) TFEU, soif that the Commission can initiate the second stage of the procedureere is no unanimity among Member States;
Amendment 131 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Rrecalls that Member States’' criminal laws deal with hate speech and hate crime in different ways, that minimum rules exist only when such crimeare their exclusive and sovereign competence and that the Union's competence is are based on race, skin colour, religion or national or ethnic origin, which makes it difficult to implement a successful common strategy to combat hatredstricted to the areas, cases and conditions set out in Articles 82 to 86 of the Treaty;
Amendment 136 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 140 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to work together responsibly and constructively to resume negotiations within the Council in order to adopt a Council decision before the end of the current parliamentary termand cooperate actively to provide a criminal-law response to any form of criminal offence penalised in their national criminal laws, to regard equality before the law as constituting a legal right to be protected and to tackle discriminatory acts, in accordance with the universally accepted principle of ultima ratio;
Amendment 144 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 147 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 152 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the current and future Presidencies of the Council of the Union to consider the Commissguarantee the integrity and correct application of the Treaties, limiting the exercise of competences by the Union's institution’s proposal as a priority when drawing up their agenda and defining objecto those expressly attributed in the Treaties, without extensive and abusive interpretations that go against the European interest, respecting the rule of law and in compliance with the Treatives;
Amendment 156 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the factNotes that Article 83 TFEU requires unanimity in the Council, and calls for the passerelle clause to be activwelcomes this as a guarantee of an effective consensus among Member Stateds;
Amendment 160 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 170 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that freedom of expression should not be exploited as a shield for hate speech and hate crimes, but neither should it be unjustifiably restricted;
Amendment 179 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Asks the Commission to consider an open-ended approach whereby the list of grounds of discrimination will not be limited in order to effectively combat hate speech and hate crimes motivated by new and changing social dynamicsrespect the Treaties in this and all matters, adhering to the rule of law;
Amendment 181 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 192 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to give particular consideration to minors so as to give them special protection from hate speech and hate crimes, to prevent these incidents from occurring and to minimise their impact on minors’ development and mental health, without having to resort to criminal law, which should be a last resort;
Amendment 203 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to establish adequate data collection systems for obtaining solid and homogenous data on anonymous hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to assess the impact that policies and regulations have on the fight against hate speech and hate crimes;