Activities of Heidi HAUTALA related to 2009/2241(INI)
Legal basis opinions (0)
Amendments (11)
Amendment 3 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that, as the accession of EU to the Convention for the Protection of Human Rights and Fundamental Freedoms is an accession of a non-State Party to a legal instrument created for States, the accession of EU to the Convention should be completed without altering the features of the Convention and modifications to its judicial system should be kept minimal;
Amendment 5 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines also that the EU accession to the ECHR will imply a competence of the ECtHR on all aspects of EU law and legislation, in particular in the field of Justice and Home Affairs, including its external dimension;
Amendment 6 #
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that accession will enhance the European Union’s credibility in talks on human rights with non-Member States; regrets however the reservations made by UK, Poland and the Czech Republic to the Charter of Fundamental Rights which weaken the standing of the human rights protection of the EU as Union;
Amendment 9 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out the added value of the Five Protocols to the Convention by way of enforcing and protecting certain Rights and Freedoms within and outside the scope of Convention and Conferring upon the European Court of Human Rights Competence to give Advisory Opinions; is of the opinion that, when acceding of EU to the Convention, the Union should also accede to the Protocols of the Convention;
Amendment 9 #
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that EU accession to the ECHR will provide the Union’s citizens with an additional mechanism for enforcing theirhuman rights, namely the possibility of lodging a complaint with the European Court of Human Rights (ECtHR) in relation to an act or failure to act by an EU institution or a Member State implementing EU law and falling at the same time within the remit of the ECHR. Stresses, however, that this does not alter the present system of jurisdiction of the Court of Justice of the European Union (ECJ), and that the requirement that all domestic judicial remedies should have been exhausted will remain the condition for the eligibility of any application. Reminds that a complaint in certain cases may relate to acts performed or producing effect outside the Union's territory;
Amendment 10 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes elimination of double standards in the human rights policy of the Union as before accession EU was legally not bound to respect human rights, whereas after Accession there will be external judicial control of Union acts monitoring the compatibility of Union acts with the ECHR;
Amendment 11 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes, that as guaranteed in Article 1 of the Convention, any person who comes within the jurisdiction of the Union will be able to invoke the Convention against the Union's acts, and that in line with this all acts in the remit of foreign relations will potentially be subject to the Court's jurisdiction;
Amendment 12 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Further welcomes, that Article 1 of the Convention would not only guarantee protection to the EU citizens and other individuals within the Union territory, but also to any individuals who come under jurisdiction of the Union also outside its territory;
Amendment 14 #
Draft opinion
Paragraph 7 – indent 1
Paragraph 7 – indent 1
- the fact that the scope of the accession should be precisely defined in the mandate; the EU should also accede, at the least, to all those Additional Protocols to the ECHR which complement the rights enshrined in the ECHR and which have already been ratified by all the EU Member States, thus forming part of the EU’s human rights corpus. Furthermore, the accession to the revised European Social Charter shouldare already enshrined by EU law, including the Charter of Fundamental Rights of the European Union, and so applicable to the EU. In consequence, the accession to the revised European Social Charter and other relevant Council of Europe human rights treaties must be taken into consideration;
Amendment 22 #
Draft opinion
Paragraph 9a (new)
Paragraph 9a (new)
9a. While supporting call for the Union to complement accession to the Convention by acceding also the European Social Charter, further calls for accession by the Union to the Council of Europe bodies such as the CPT on the prevention on torture, the ECRI on fighting racism and intolerance and the CEPEJ on the efficiency of justice;
Amendment 23 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that, as the European Court of Human Rights has acknowledged the extra-territorial applicability of the Convention, the Union must aim to respect this obligation fully in its external relations and activities;