87 Amendments of Panayiotis DEMETRIOU
Amendment 1 #
2009/2012(INI)
Proposal for a recommendation
Citation 12 a (new)
Citation 12 a (new)
- having regard to the proposal for a Council Framework Decision on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (17506/08),
Amendment 3 #
2009/2012(INI)
Proposal for a recommendation
Citation 13 a (new)
Citation 13 a (new)
- having regard to the Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union1,
Amendment 4 #
2009/2012(INI)
Proposal for a recommendation
Citation 16
Citation 16
- having regard to the Treaty of LisbChapter 4, Articles 82 to 86 (judicial cooperation in criminal matters) of the Treaty on the Functioning of the European Union,
Amendment 9 #
2009/2012(INI)
Proposal for a recommendation
Recital H
Recital H
H. whereas the implementation of the mutual recognition principle, which has been the cornerstone of judicial cooperation since the Tampere European Council, is far from having been satisfactorily achieved,
Amendment 16 #
2009/2012(INI)
Proposal for a recommendation
Recital L
Recital L
L. whereas many steps forward have been taken in the area of judicial training, in particular thanks to the contribution offered by the European Judicial Training Network (EJTN) and its activities,
Amendment 18 #
2009/2012(INI)
Proposal for a recommendation
Recital O
Recital O
O. whereas future action towards the development of the EU criminal justice spacearea cannot but be based on an objective, impartial, transparent, accurate and continuous monitoring of the implementation of EU policies and legal instruments as well as of the quality and efficiency of justice in the Member States,
Amendment 25 #
2009/2012(INI)
Proposal for a recommendation
Paragraph 1 - point a
Paragraph 1 - point a
(a) noting that an EU criminal justice area must be based on respect for fundamental rights, urges the Council to restart working on safeguarding fundamental rights and notably to adopt without delay:
Amendment 26 #
2009/2012(INI)
Proposal for a recommendation
Paragraph 1 - point a - indent 1
Paragraph 1 - point a - indent 1
- an ambitious legal instrument on procedural safeguards in criminal proceedings, based on the principle of presumption of innocence, such as the right to a "Letter of Rights", the right to legal advice, the right to adduce evidence, the right to be informed in a language understandable by the suspect/defendant of the nature of and/or the reasons for the charges and/or of the grounds for suspicion, the right of access to all relevant documents in a language which the suspect/defendant understands, the right to an interpreter, the right to a hearing and the right of defence;
Amendment 37 #
2009/2012(INI)
Proposal for a recommendation
Paragraph 1 - point g - indent 1
Paragraph 1 - point g - indent 1
- take the form of an EU Agency, modelled on the Agency for Fundamental Rights of the European Union, and the European Police College within which a pre- eminent role should be given to national judicial schools and judicial networks and with the association of the Commission,
Amendment 42 #
2009/2012(INI)
Proposal for a recommendation
Paragraph 1 - point j
Paragraph 1 - point j
(j) take action with a view to the publication, every year, of a comprehensive report on crime in the EU, consolidating reports related to specific areas such as OCTA (Organised Crime Threat Assessment), the Eurojust annual report etc,
Amendment 29 #
2009/0027(COD)
Proposal for a regulation
Article 2 - paragraph 2
Article 2 - paragraph 2
2. The Office shall provide operational support by granting resources and additional forms of assistance to Member States subject to strong pressure on their asylum systems, including the coordination of asylum support teams made up of asylum experts.
Amendment 31 #
2009/0027(COD)
Proposal for a regulation
Article 4 - point b
Article 4 - point b
(b) the management and development of a multilingual and translation portal for gathering information on countries of origin and its maintenance;.
Amendment 5 #
2008/2331(INI)
Motion for a resolution
Indent 13 c (new)
Indent 13 c (new)
Amendment 90 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 h (new)
Paragraph 12 h (new)
12h. Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (United Nations General Assembly resolution 45/158 of 18 December 1990);
Amendment 118 #
2008/2331(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses its shock at the human tragedy that is caused by illegal migratory sea routes, notably in the Union’s southern maritime borders, where boat people leave the African shores on perilous journeys towards Europe; strongly calls for urgent action to stop this human tragedy once and for all; considers the bilateral agreements with neighbouring countries for readmission of illegal immigrants who enter or try to enter into a Member State as an effective measure which has to be enhanced and calls upon neighbouring countries to fulfil their commitments;
Amendment 132 #
2008/2331(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on FRONTEX and the Commission to carry out a study, with estimates, on the possibility of FRONTEX acquiring its own equipment and on the possible transformation of FRONTEX into an EU coast and land borders guard;
Amendment 139 #
2008/2331(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Supports the establishment of specialised offices of the agency to take account of the diversity of situations, particularand better assess the specific situations in borders of particular sensitivity, especially for the land borders to the East and the maritime borders to the South;
Amendment 168 #
2008/2331(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Council to consider enacting legislative provisions with a view to establish a European “Laissez Passer” issued to illegally residing third-country nationals with a view to facilitating readmission to third countries. Action should be taken to incorporate the European “Laissez Passer” in the Union’s Readmission Agreements to render it binding on Third Countries concerned;
Amendment 188 #
2008/2331(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that all agreements with countries of origin and transit should include chapters on co-operation on immigration and calls for an ambitious policy with third countries on police and judicial co-operation to combat international criminal organisations engaged in human trafficking and to bring the persons concerned to justice; calls also on the Commission to intensify its support, including financial and technical assistance, in favour of third countries; so as to create economic and social conditions discouraging illegal immigration, drug activities and organized crime;
Amendment 3 #
2008/2234(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. TConsidering, among other things, the low number of EU citizens resident in Member States other than their own who take advantage of the opportunity to vote or stand in either European or municipal elections in their place of residence, as well as the practical obstacles that potential voters are too often confronted with in the exercise of their rights, takes the view that the 2009 European elections should be seen as an opportunity for the preparation and application of a pan- European action plan designed to develop the awareness of European citizens as to their rights; regrets, therefore, the absence of any relevant reference to this in the fifth report;
Amendment 5 #
2008/2234(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need for initiatives that promote European citizenship rights for young people; underlines therefore the great importance of programmes such as "Youth in Action Programme 2007- 2013", which was established to facilitate structured dialogue with young people at regional, national and European level;
Amendment 8 #
2008/2234(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the necessary reforms of the European election procedures in all Member States1, with a view to making those procedures more similar and finding ways to promote active European citizenship (e.g. transnational lists). 1 Duff Report on a proposal for a modification of the Act concerning the election of Members of the European Parliament by direct universal suffrage of 20 September 1976 [2007/2207(INI) – PE 412.180 v02- 00].Or. en
Amendment 13 #
2008/2234(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes with regret that the Fifth Report on Citizenship of the Union contains no concrete proposals concerning the exercise by citizens of their rights and the duty of the Member States to safeguard those rights in practice; asks that the Sixth Report be more proactive in this respect;
Amendment 15 #
2008/2234(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Expresses its disappointment at the Commission's failure to consult civil society in the preparation of the Fifth Report, and expects such consultation to take place as part of the preparation of the Sixth Report, as pledged by the Commission;
Amendment 19 #
2008/2234(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. In view of, among other things, the low number of EU citizens resident in a Member State other than their own who exercise their right to vote or stand in either European or local elections in their place of residence, as well as the practical obstacles that potential voters are too often confronted with in the exercise of their rights, takes the view that the 2009 European elections should be seen as an opportunity for the preparation and application of a pan-European action plan designed to develop the EU identity of EU citizens and to raise their awareness of their rights;
Amendment 21 #
2008/2234(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out the need to launch better and more effective information campaigns that promote EU citizenship rights among young people such as setting up a "citizenship programme" in schools and universities, with a view to preparing the younger generation for active citizenship;
Amendment 45 #
2008/2234(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets the low number of EU citizens resident in Member States other than their own who take advantage of the right to vote or stand in either European or municipal elections in their place of residence; notes the practical obstacles that too often confront potential voters in the exercise of their rights; urges the Commission, Member States and local authorities to launch, in view of the imminent 2009 European elections, to launch pan- European, effective information campaigns about the electoral rights of EU citizens and give practical advices on how to exercise them at local level;
Amendment 48 #
2008/2234(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls for the necessary reforms of the European election procedures in all Member States, with a view to making those procedures more similar and finding ways to promote active EU citizenship, and calls for appropriate information campaigns to be conducted once those reforms are completed;
Amendment 4 #
2008/2184(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to its resolution of 5 February 2009 on the implementation in the European Union of Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers and refugees: visits by the Committee on Civil Liberties 2005-20081 , _______________________ 1 Texts Adopted, P6_TA(2009)0047.
Amendment 7 #
2008/2184(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the draft resolution of its Committee on Civil Liberties, Justice and Home Affairs on the problems and prospects concerning European citizenship,
Amendment 49 #
2008/2184(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2.Calls on Member States to fully implement the rights granted under Article 2 and Article 3 of Directive 2004/38/EC not only to different sex spouses, but also to registered partners, members of the household and partners, including same- sex couples and irrespective of nationalityrecognised by a Member State, irrespective of nationality and without prejudice to their non-recognition by another Member State, on the basis of the principles of mutual recognition, equality, non-discrimination, dignity, private and family life; in this regard, calls the Commission to issue strict guidelines, in addition drawing on the analysis and conclusions contained in the Fundamental Rights Agency report;
Amendment 17 #
2008/2169(INI)
Motion for a resolution
Recital S, introductory part
Recital S, introductory part
S. whereas a citizens’ initiative is successfulcan proceed only if it is admissible, in the sense that:
Amendment 19 #
2008/2169(INI)
Motion for a resolution
Recital S, third bullet point and last subparagraph
Recital S, third bullet point and last subparagraph
• the requested legal act is not patently andmanifestly unlawful, contrary to any provision of the EU Treaties or to any EU Law, A citizens´ initiative is successful if it is representative, in the sense that it is supported by at least one million citizens who are nationals of a significant number of Member States,
Amendment 23 #
2008/2169(INI)
Motion for a resolution
Recital W
Recital W
W. whereas it would seem appropriate for the procedure for a citizens’ initiative to be divided into the following four stages: • registering the initiative, • collecting statements of support, • presenting the initiative, • the Commission states its posit• positioning of the Commission,
Amendment 38 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 1
Annex - paragraph 1
1. The minimum number of Member States from which the citizens taking part in the initiative must come is foura quarter of the Member States.
Amendment 47 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 4, fourth bullet point
Annex - paragraph 4, fourth bullet point
• the Commission states its positpositioning of the Commission.
Amendment 50 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 5 - point (a)
Annex - paragraph 5 - point (a)
(a) A European Citizens’ Initiative must be duly registered by its organisers with the Commission. To register, organisers state their name, date of birth, nationality and home address, and the exact wording of the citizens’ initiative in one of the European Union’s official languages. The organisers of the initiative should be at least one hundred representing the nationalities of at least a quarter of the Member States.
Amendment 59 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 5 - point (b) - bullet point 4
Annex - paragraph 5 - point (b) - bullet point 4
• The requested legal act is not patently unlawfulmanifestly contrary to EU Treaties or to any EU Law.
Amendment 64 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 5 - point (c)
Annex - paragraph 5 - point (c)
(c) Within two months of registration of the citizens’ initiative the Commission must decide whether the registration has succeeded. The decision must state whether the citizens’ initiative is admissible and registrable. Registration may be rejected only on legal grounds.
Amendment 76 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 6 - introductory part
Annex - paragraph 6 - introductory part
6. The second stage of the European Citizen’s Initiative covers the collecting of individual statements of support for the successfully registered initiative and official confirmation by the Member States of the collection resultprocess. Its main features are as follows:
Amendment 88 #
2008/2169(INI)
Motion for a resolution
Annex - paragraph 7 - point (b) - bullet point 2
Annex - paragraph 7 - point (b) - bullet point 2
• who are nationals of at least four • who are nationals of at least a Member States, quarter of Member States,
Amendment 4 #
2008/2125(INI)
Draft opinion
Paragraph 1 – point g
Paragraph 1 – point g
(g) enhancing and providing, without delay, tools and financial support for improving the taking of evidence in other Member States such as video- conferencing;
Amendment 7 #
2008/2125(INI)
Draft opinion
Annex – point 7
Annex – point 7
7. (Videoconferencing) The use of videoconferences in the context of criminal proceedings in certain Member States is quite common. It allows gathering evidence by taking the statements of accused persons, witnesses or experts in their physical absence at the same time allowing providing adequate protection to those needing protection. The 2000 European Convention on Mutual Assistance in Criminal Matters provides for rules on the hearing of witnesses, accused persons and experts by videoconference. It has now been ratified by 24 Member States. The European Parliament calls on Member States to complete the ratification process as soon as possible. No statistics are yet available on the practical application of videoconferences. Still it seems that videoconferencing is not fully exploited, one of the reasons being the lack of the necessary electronic support. This supportSupport and financial assistance by the EU must be delivered as soon as possible.
Amendment 2 #
2008/2026(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that in its resolution of 18 June 2008 on Missing Persons in Cyprus1 Parliament supported the allocation of further financial support to the Committee on Missing Persons (CMP) for the years 2009 onwards; calls on the Council to agree to this further financial assistance for 2009of EUR 2 million for 2009, as specifically requested in the above-mentioned resolution, and on the Commission not only to continue the work, but also to increase capacity, (particularly field capacity), to hire more scientists and to fund more equipment; 1 Texts adopted, 18.6.2008, P6_TA-PROV(2008)0292.Or. en
Amendment 31 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) It is important to ensure appropriate protection for all types of personal data and for all kinds of personal data filing systems, whether automated or manual, used by Eurojust1. In this respect, the Rules of Procedure on the processing and protection of personal data at Eurojust should apply to automated and structured files as well as to case-related manual files compiled by national members or assistants. _____________ 1 OJ C 68, 19.3.2005, p. 1.
Amendment 32 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 8 b (new)
Recital 8 b (new)
(8b) The rights of the defendant need to be taken into account in determining which Member State is best placed to prosecute or take other law enforcement action.
Amendment 33 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 8 c (new)
Recital 8 c (new)
(8c) Adequate procedural safeguards, both during and after the investigations, , are a necessary condition for mutual recognition of judicial decisions in criminal matters.
Amendment 34 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 8 d (new)
Recital 8 d (new)
(8d) The Member States shall ensure judicial redress when the investigation was carried out at the request of Eurojust based on manifestly insufficient grounds.
Amendment 35 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 3
Article 1 – point 3
Decision 2002/187/JHA
Article 5a – paragraph 3
Article 5a – paragraph 3
3. When in urgent cases a request for judicial cooperation needs to be executed in several Member States, the competent authority may forward it to the ECC through the representative of its Member State in the ECC. The representative of the Member State concerned in the ECC shall transmit the request to the competent authorities of the relevant Member States for execution. Where nois not possible to identify a competent national authority has been identified or it is not possible to identify it in a timely manner, the member of the ECC shall have the power to execute the request himself. In such a case, the ECC member concerned shall inform the College in writing without delay of the steps taken and the reasons for the failure to identify a competent national authority in a timely manner.
Amendment 38 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 7 – point c
Article 1 – point 7 – point c
Decision 2002/187/JHA
Article 9 – paragraph 4
Article 9 – paragraph 4
(b) registers, other than those in (a), of his Member State containing information that is necessary for him to be able of his or her Member State, other than those in point (a), containing information that he or she deems necessary to fulfil his or her tasks.
Amendment 41 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 8
Article 1 – point 8
Decision 2002/187/JHA
Article 9a – paragraph 3
Article 9a – paragraph 3
3. National members may, in urgent cases and where no competent national authority has been identified or it is not possible to identify ita competent national authority in a timely manner, be able to authorise and coordinate controlled deliveries. In such a case the national member concerned shall inform the College in writing without delay of the steps taken and the reasons for the failure to identify the competent national authority in a timely manner.
Amendment 43 #
2008/0803(CNS)
Proposal for a decision – amending act
Recital 4
Recital 4
(4) It is therefore necessary to provide clear and common solutions which define the grounds for refusal of the execution of a decision rendered in absentia and the discretion left to the executing authority.
Amendment 45 #
2008/0803(CNS)
Proposal for a decision – amending act
Recital 6
Recital 6
(6) Common solutions on grounds for refusal in the relevant existing Framework Decisions should take into account the diversity of situations with regard to the right to informing the accused personperson concerned of his right to a retrial or to appeal and of his rights to a retrialparticipate in such retrial or appeal and have the merits of the case, including fresh evidence re-examined, with the possibility that the original decision may be quashed.
Amendment 49 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 1
Article 2 – point 1
Framework Decision 2002/584/JHA
Article 1 – paragraph 4
Article 1 – paragraph 4
4. For the purpose of this Framework Decision, "decision rendered in absentia" shall mean a custodial sentence or a detention order when the person did not personally appear in the court proceedings resulting in that decision.
Amendment 50 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point a
Article 4a – point a
(a) was summoned in person or duly informed in accordance with the national law of the issuing Member State through a competent representative or other means and in due time, of the scheduled date and place of the hearingtrial which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial;
Amendment 53 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point c – point i
Article 4a – point c – point i
(i) will be personally served with it at the latest on the fifthimmediately and in any event not later than three days after the surrender and will be expressly informed about the right to a retrial andor to be present at that trialappeal and participate in the hearing;
Amendment 54 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point c – point ii
Article 4a – point c – point ii
(ii) will have at least […]¹ daysthe right to request a retrial. ¹ Period to be provided or appeal within the applicable timeframe.
Amendment 57 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 4
Article 2 – point 4
Framework Decision 2002/584/JHA
Annex – box d – point 2.3.2 –indent 1
Annex – box d – point 2.3.2 –indent 1
– the person will be served with the decision rendered in absentia within … days after the surrenderpersonally served immediately, but in any event not later than three days after the surrender, with the decision rendered in absentia ; and
Amendment 59 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 3 – point 1
Article 3 – point 1
Framework Decision 2005/214/JHA
Article 1 – point e
Article 1 – point e
(e) "Decision rendered in absentia" shall mean a decision as defined in (a) when the person did not personally appear in the court proceedings resulting in that decision.
Amendment 60 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 3 – point 2 - subpoint b
Article 3 – point 2 - subpoint b
Framework Decision 2005/214/JHA
Article 7(2) – point i – subpoint i
Article 7(2) – point i – subpoint i
(i) was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other meands in due time, of the scheduled date and place of the hearingtrial which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial; or
Amendment 61 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 3 – point 2 – subpoint b
Article 3 – point 2 – subpoint b
Framework Decision 2005/214/JHA
Article 7(2) – point i – subpoint iii
Article 7(2) – point i – subpoint iii
(iii) after being served with the decision rendered in absentia and being duly informed about the right to a retrial and to be present at that trialor appeal and to participate in the hearing:
Amendment 62 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 4 – point 2
Article 4 – point 2
Framework Decision 2006/783/JHA
Article 8(2) – point e – subpoint i
Article 8(2) – point e – subpoint i
(i) was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other means and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial; or
Amendment 63 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 4 – point 2
Article 4 – point 2
Framework Decision 2006/783/JHA
Article 8(2) – point e – subpoint ii
Article 8(2) – point e – subpoint ii
- did not request a retrial or appeal in the applicable timeframe which was of at least […]¹ days. ¹ Period to be provided.
Amendment 64 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 5 – point 2
Article 5 – point 2
Framework Decision 2008/.../JHA
Article 9(1) – point f
Article 9(1) – point f
(f) according to the certificate provided for in Article 4, the decision was rendered in absentia, unless the certificate states that, in accordance with the national law of the issuing Member State, the person:
Amendment 65 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 5 – point 2
Article 5 – point 2
Framework Decision 2008/.../JHA
Article 9(1) – point f – subpoint i
Article 9(1) – point f – subpoint i
(i) was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other means and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial; or
Amendment 66 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 5 – point 3
Article 5 – point 3
Framework Decision 2008/.../JHA
Annex – box k – point 1– subpoint b.1 – first paragraph
Annex – box k – point 1– subpoint b.1 – first paragraph
b.1 the person was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other means and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial
Amendment 67 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 5 a (new)
Article 5 a (new)
Amendment 57 #
2008/0244(COD)
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) in order to determine, within the framework of the preliminary interview, the elements on which his application for asylum is based which in other circumstances absence of detention could be lost;
Amendment 111 #
2008/0244(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall as soon as possible take measures to ensure the necessary representation of unaccompanied minors by legal guardianship entrusted with the duty to advise and protect the child and to ensure that all decisions are taken in the child's best interests, or, where necessary, representation by an organisation which is responsible for the care and well-being of minors, or by any other appropriate representation. Regular assessments shall be made by the appropriate authorities.
Amendment 17 #
2007/2212(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the important role that civil society can play in the matter should complement and reinforce the considerable responsibility of the Member States and international organisations to cooperate in the fight against the production of and trafficking in drugs, as they do in the case of terrorism,
Amendment 105 #
2007/2212(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Emphasises the experience of European organisations which are involved in switching local cultivation to commercial, therapeutic and medical uses, recalling at the same time that such cultivation should be kept constantly under the strictest of controls;
Amendment 107 #
2007/2212(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls upon the Commission and the Member States to initiate and consolidateexplore ways of cooperation with European civil-society organisations which are involved in the promotion of legal substances derived from coca leaves for lawful use only as a means of contributing effectively (by absorbing raw materials) to international action against drugs trafficking, ensuring at the same time the safety of use of such substances;
Amendment 17 #
2007/0236(CNS)
Recital 6 a (new)
(6a) EU action to combat terrorism should be undertaken in close cooperation with local and regional authorities which have a key role to play particularly in preventing terrorism, in so far as the instigators and perpetrators of terrorist acts live within local communities and interact with local population employing services and instruments of democracy.
Amendment 23 #
2007/0236(CNS)
Recital 12
(12) Additional jurisdictional rules shcould be established to ensure that public provocationincitement to commit a terrorist offence, recruitment for terrorism and training for terrorism may be effectively prosecuted when they are directed towards or resulted in the commission of a terrorist offence which is subject to the jurisdiction of a Member State.
Amendment 25 #
2007/0236(CNS)
Recital 14
(14) The Union observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapters II and VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as freedom of expression, assembly, or of association, the right to respect for private and family life, including the right to respect of the confidentiality of correspondence and in particular to reduce or restrict the freedom of press and freedom of expression of other medias as they result from constitutional traditions or rules governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability.
Amendment 29 #
2007/0236(CNS)
Recital 15 a (new)
(15a) The criminalisations provided for in this Framework Decision should be effected in such a way as to be proportionate to the legitimate aims pursued and compatible with the rules of democracy and the rule of non- discrimination.
Amendment 38 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 1 − point (a)
Article 3 − paragraph 1 − point (a)
(a) "public provocationincitement to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite intentionally advocating, directly or indirectly the commission of one of the actoffences listed in Article 1(1)(a) to (h), where such conduct, whether or not directly advocating terrorist offences, can be reasonably expected to causes a danger that one or more such offences may be committed;
Amendment 44 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 3 a (new)
Article 3 − paragraph 3 a (new)
3a. The Member States shall ensure that the acts referred to in paragraph 2(a) to (c) of this Article are criminalised with due respect to the obligations relating to freedom of speech and freedom of association by which those States are bound, in particular the obligations relating to freedom of the press and freedom of expression in other media.
Amendment 47 #
2007/0236(CNS)
Article 1 − point 2
Framework Decision 2002/475/JHA
Article 4 − paragraph 3 a (new)
Article 4 − paragraph 3 a (new)
"3a. Each Member State may decide to criminalize and make proportionally punishable the attempt to commit an offence referred to in Article 3 (b) and (c).''
Amendment 49 #
2007/0236(CNS)
Article 1 − point 3
Framework Decision 2002/475/JHA
Article 9 − paragraph 1 a
Article 9 − paragraph 1 a
1a. Each Member State shallmay also establish its jurisdiction over the offences referred to in Article 3(2)(a) to (c) where the offence was directed towards or resulted in the carrying out of an offence referred to in Article 1 and such offence is subject to the jurisdiction of the Member State under any of the criteria set out in paragraph 1(a) to (e) of this Article.
Amendment 19 #
2006/2209(REG)
Parliament's Rules of Procedure
Rule 192 – paragraph -1 (new)
Rule 192 – paragraph -1 (new)
-1. Admissible petitions shall be considered by the committee responsible in the course of its normal activity, either through discussion at a regular meeting or by written procedure. Petitioners may be invited to participate in meetings of the committee if their petition is to be the subject of discussion, or they may request to be present. The right to speak shall be granted to petitioners at the discretion of the chair. The provisions laid down in the first subparagraph are subject to the condition that the preliminary consideration of the petition may be referred to a subcommittee of five to seven members who thereafter will present their conclusions to the committee for final consideration and decision.
Amendment 22 #
2006/2209(REG)
Parliament's Rules of Procedure
Rule 191 – paragraph 2 a (new)
Rule 191 – paragraph 2 a (new)
2a. Where a petition is signed by several natural or legal persons, the signatories shall designate a representative and a deputy representative who shall be regarded as the petitioners for the purposes of implementation of the subsequent provisions. Where no such designation has occurred the first signatory or another appropriate person shall be regarded as the petitioners.
Amendment 25 #
2006/2209(REG)
Parliament's Rules of Procedure
Rule 191 – paragraph 5
Rule 191 – paragraph 5
5. Petitions entered in the register shall be forwarded by the President to the committee responsible, which shall first ascertain whether the petitions registered fall within the sphere of activities of the European Unionby consensus or by a majority establish the admissibility or otherwise of the petition in accordance with Article 194 of the EC Treaty, following a proposal by the coordinators.
Amendment 28 #
2006/2209(REG)
Parliament's Rules of Procedure
Rule 191 – paragraph 8 a (new)
Rule 191 – paragraph 8 a (new)
8a. Notwithstanding the provisions contained in paragraph 8, the petitioner may request that his or her name be withheld in order to protect his or her privacy, in which case Parliament must respect such a request. Where the petitioner's complaint cannot be investigated for reasons of anonymity, the petitioner shall be consulted as to the further steps to be taken.
Amendment 28 #
2006/0135(CNS)
Proposal for a regulation – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EC) No 2201/2003
Article 2 – point 11 a (new)
Article 2 – point 11 a (new)
(1a) In Article 2, the following point shall be inserted: "11a. the term 'habitual residence' shall mean a person's place of ordinary abode."
Amendment 29 #
2006/0135(CNS)
Proposal for a regulation – amending act
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 2201/2003
Article 3a – paragraph 1 – point c a (new)
Article 3a – paragraph 1 – point c a (new)
(ca) their marriage took place in that Member State.
Amendment 30 #
2006/0135(CNS)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 2201/2003
Article 20a – paragraph 1 – point d a (new)
Article 20a – paragraph 1 – point d a (new)
(da) the law of the State in which the marriage took place.