115 Amendments of Monika BEŇOVÁ related to 2011/2069(INI)
Amendment 28 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas respecting and promoting these values is an essential element of the European Union identity and a condition to becoming an EU member and to fully preserving the member prerogatives;
Amendment 31 #
Motion for a resolution
Recital C
Recital C
C. whereas, with the entry into force of the Treaty of Lisbon, the Charter has become legallythe same value of the founding Treaties and is binding on the institutions, bodies and agencies of the EU, as well as the Member States when implementing EU law, as described by the Charter art. 51 explanation according to which "(...) it follows unambiguously from the case-law of the Court of Justice that the requirement to respect fundamental rights defined in the context of the Union is only binding on the Member States when they act in the scope of Union law .."1; __________________ 1 Judgment of 13 July 1989, Case 5/88 Wachauf [1989] ECR 2609; judgment of 18 June 1991, Case C-260/89 ERT [1991] ECR 1-2925; judgment of 18 December 1997, Case C-309/96 Annibaldi [1997] ECR 1-7493
Amendment 33 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas accession by the EU to the ECHR, as required by the TEU, will allow the acts of the EU to be subject to review by the ECtHR, creating greater accountability for the EU and improving access to justice for individuals;
Amendment 36 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the effective safeguard and promotion of rights must constitute an overall objective of all EU policies, including their external dimension and whereas observing the duty to protect, promote and fulfil does not require new competences for the EU but rather proactive institutional engagement with human rights;
Amendment 39 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the EU's hitherto fragmentary approach to human rights has led to calls for a coherent EU human rights policy; whereas no mechanism bringing together the various fundamental rights actors within the EU structure currently exists;
Amendment 41 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas citizens can enjoy their rights fully only if the fundamental values and principles, such as the rule of law, the independence of judiciary, freedom of the media and the lack of discrimination are respected;
Amendment 42 #
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas the gap between fundamental rights and their implementation undermines the credibility of the EU as well of its Member States and the effective respect and promotion of human rights, within its territory and throughout the world;
Amendment 44 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas together with Article 2 TEU, Article 7 TEU grants the EU institutions the power to assess human rights in the Member States, to politically engage with the countries concerned to prevent and redress violations;
Amendment 49 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the effective protection and the promotion of fundamental rights calls for Member States to accept in a spirit of solidarity and of sincere cooperation with the other Member states the EU scrutiny of the respect of EU values in the legislation policies and practices;
Amendment 54 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the current economic crisis challenges the principle of solidarity, which is an essential component of the EU history and identity, as well as the underlying bond bringing together the EU citizens as member of the same political community 1; __________________ 1 see notably the Charter articles on social rights as well the relevant specific Treaties articles on solidarity: art. 80 and 122 TFEU.
Amendment 59 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. While welcoming steps by the Commission to ensure that legislative proposals comply with the Charter, notes that there remains considerable room for improvement, as proposals continue to emerge that fail to consider at all, or fail to consider adequately, the impact of proposed measures on fundamental rights; urges the Commission to take tangible steps towards improving the verification of its proposals with the Charter, including ensuring adequate expertise within the Commission's legal service, responsible for checking compliance of proposals with the Charter;
Amendment 67 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission – and Council, where it initiates legislation – to make systematic use of external independent expertise notably of the Fundamental Rights Agency during the preparation of impact assessments;
Amendment 72 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to ensure that its annual report on the implementation of the Charter adopts a more balanced and self-critical analysis, to include not only positive developments, but also analysis of where it could strengthen its approach in the future;
Amendment 76 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Council to include in its annual reports on human rights in the world an analysis of the situation in the Member States by taking also in account the measures to be taken to implement the ECtHR judgments and adapt the internal legislation and practice accordingly;
Amendment 78 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Deplores the insufficient cooperation between the Commission and Council with NGOs and civil society in pre- legislative and legislative processes and calls on the EU institutions to work closely with all relevant stakeholders;
Amendment 79 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission and the Council to ensure that a sufficient level of funding is maintained in funding programmes dedicated to fundamental rights during the coming Multiannual Financial Framework for NGOs working at the EU level to effectively represent the views of groups in society whose voices would not otherwise be heard at the EU level, such as the elderly, those living in extreme poverty, ethnic and racial minorities, children, LGBT persons, or persons with disabilities;
Amendment 80 #
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Call on the Commission to revise the EU legislative acquis by taking into account the light of the rights outlined in the EU Charter; the possible tensions between economic freedoms and fundamental rights should be addressed already at legislative level and not only by the EU judiciary;
Amendment 81 #
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Regrets the Commission's apathy in revising the former third pillar domain (police and judicial cooperation in penal matters) in the light of the Charter; recalls its recommendation on the Stockholm Programme asking for a consistent revision of this legislation and reminds the Commission that on 1st December 2014 all that legislation adopted in a totally different constitutional framework will be applied as such in the EU and will unduly affect the rights of the individual under EU jurisdiction;
Amendment 84 #
Motion for a resolution
Paragraph 5 – indent 1
Paragraph 5 – indent 1
– the lack of transparency inof the Commission's dialogue with Member States when fundamental rights or the interests of European citizens are at stake; considers that such a lack of transparency with regard ton the transposition of EU law could beis contrary to the EU rules on transparency and the principle of legal certainty, is extremely prejudicial for the other EU countries, for the EU citizens ands well as for the other institutions, particular notably when social and economic rights of the citizens are at stake; welcomes the initiatives announced by the Commission to improve transparency on Member States' action or inaction in the framework of the implementation of the internal market and considers that the transparency announced for fiscal policy should be even improved when fundamental rights are at stake;
Amendment 85 #
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
– the lack of transparency inof the EU agencies, which makes it difficult to ascertain whether or notif their actions comply with the principles of transparency, good administration, data protection and antidiscrimination, as well as of necessity and proportionality; regrets the Commission's persisting lack of interest in a legislative framework granting an open, independent and efficient administration as required by Article 41 of the Charter and by Article 298 TFEU;
Amendment 91 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Proposes to ensure continuous channels of information sharing on fundamental rights in the EU between the relevant bodies and within the EU institutions, and EU agencies, and to hold a yearly interinstitutional forum to discuss for assessing the situation on EU fundamental rights; considers that such a forum should be a preparatory step of the EP annual debate on fundamental rights and on the development of the European area of freedom security and justice; considers that such an interinstitutional forum should convene representatives of the Commission, the Council Working Group on Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP), of the EP´s Committee of Civil Liberties, Justice and Home Affairs (LIBE) and the Committee on Petitions (PETI), the Committee on Employment and Social Affairs, the Committee on Regional Development, as well as representatives of the European Ombudsman, the Fundamental Rights Agency (FRA), EUROFOUND, and the European Data Protection Supervisor (EDPS);
Amendment 96 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges national parliaments to enhance their role in human rights scrutiny of EU activities and national implementation of EU law and invites them to hold periodic meetings focused on the strategies to be developed to implement the Charter and the jurisprudence of the EU Courts;
Amendment 99 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the unacceptable delays and blockages in the EU's accession to the ECHR, which are mainly due to specific Member States, and urges the Commission to conclude the procedremind the Member States concerned of the duty of loyal cooperation to be fulfilled in international negotiations and to conclude the procedure at least in time for the end of this legislature;
Amendment 103 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that, even before the conclusion of the negotiation for the EU accession to the ECHR, the EU and its Member States should consider transposition by the Member States of the Strasbourg jurisprudence a matter of common interest;
Amendment 109 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that participation in international treaties for the protection and promotion of human rights can only serve to strengthen the protection of fundamental rights within the EU and welcomes the fact that the EU has joined the Convention on the Rights of Persons with Disabilities and will join the ECHR; calls on the Council and Commission to take steps towards becoming party to other international human rights treaties, such as the UN Convention on the Rights of the Child;
Amendment 114 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets the weak reaction of the Commission to specific violations of fundamental rights in Member States and calls on the Commission to ensure that infringement proceedings secure the effective protection of human rights, rather than aiming for negotiated settlements with Member States following a change in national legislation, notwithstanding the possible de facto continuation of rights violations;
Amendment 116 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that, in order to maintain the credibility of the accession conditions, Member States should also be continuously assessed for their continued compliance with the EU's fundamental values and the fulfilment of their commitments concerning the functioning of democratic institutions and the rule of law;
Amendment 123 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls therefore on the Commission to come up withupdate its 2003 communication (COM(2003) 606) and work out before the end of 2012 a detailed proposal for a clear cut monitoring mechanism and early warning system, associating notably the national fundamental rights bodies created in compliance with the Paris principles and building on the provisions of Article 7 of the TEU and Article 258 of the TFEU;
Amendment 125 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines its commitment to use its powers to act as a human rights litigant, in particular to ensure that EU acts respect, protect, promote and fulfil human rights;
Amendment 129 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls for the revision of the procedural rules of the CJEU and General Court to facilitate third-party interventions, by human rights NGOs in particular;
Amendment 131 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls for the setting-up of appropriate National Human Rights Institutions in all Member States and for measures facilitating the networking of these bodies across the EU with the support of the FRA; invites the EU institutions and the Member States to develop the capacity of Equality Bodies and Data Protection Bodies, of NHRIs and of FRA as human rights litigants;
Amendment 142 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points to shortcomings in the current multi-annual framework of the FRA, notably the limited number of comparative evaluation between Member States;
Amendment 145 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers that the FRA scientific committee should be composed of former members of the European and national constitutional Courts, appointed by designation, as follows: a third by the EP, a third by the Council and a third by the Commission; considers that it should play an independent and neutral role in the interest of the EU institutions, as is done by the Council of Europe Venice Commission;
Amendment 148 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Points out that the Paris Principles on NHRIs should be used as a model for reforming the national institutions as well as the FRA and calls for the remit of the FRA to be aligned following an ordinary legislative procedure by the European Parliament and by the Council to the full scope covered by Article 6 TEU and notably to the European Charter implementation by the EU Institutions Agencies offices and bodies as well to the Member State activities falling in the EU policies; considers that the FRA Scientific Committee and the FRANET network should submit to the European and national parliaments and publish annually a thematic and more focused report assessing the situation in the EU Member States, as was done until 2006 by the former Network of Experts on Fundamental Rights; calls on the FRA to fully respect Article 15 of the TFEU by making its proceedings open and by giving access to its documents via a publicly accessible register as foreseen by Regulation 1049/2001;
Amendment 154 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that, beyond informing individuals of their Charter rights, the Commission must ensure they are aware of how to exercise their right of access to justice and enforce their rights in relevant fora; considers that informal networks, such as those successfully developed for the internal market (SOLVIT), should be established at national and regional level to assist and advise people whose rights risk being violated (such as migrants, asylum seekers, vulnerable people); considers that these support structures for right restoration and economic and social integration should be a priority for regional funds;
Amendment 157 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on Member States to collect disaggregated data for all grounds of discrimination, as well as to develop fundamental rights indicators in cooperation with the FRA, in order to ensure properly informed and targeted legislation and policies, particularly in the field of non-discrimination and in the context of national Roma integration strategies;
Amendment 161 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Deplores the fact that not all Member States have properly transposed the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law 1; calls on Member States to prosecute xenophobia, racism, and hate speech; recalls that on December 1st 2014 this framework decision will become fully enforceable as well as all the FD into force at that time; __________________ 1 OJ 2008 L 328 of 12.5.2008, p. 55.
Amendment 163 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to propose a recast of the Framework Decision to include other forms of bias-motivated crime, including on grounds of sexual orientation, gender identity and gender expression;
Amendment 165 #
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on the Member States to ensure that offences motivated by racist, xenophobic, homophobic or transphobic intent are punishable within the criminal law system, and that these crimes are investigated effectively, prosecuted and punished, that victims are offered proper assistance, protection and compensation, and that such offences are properly registered;
Amendment 172 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the principles of human dignity and equality before the law are foundations of democratic society; deems incomprehensibleregrettable and contrary to the spirit and the letter of the Treaty the current blockage of Council negotiations on the Commission's proposal for a horizontal directive extending comprehensive protection against discrimination on all grounds, including religion or belief, disability, age or sexual orientation, and urges efforts to ensure adoption as soon as possible; calls on the Member States which are currently blocking the negotiations to make public their arguments so that EU citizens can better understand why no progress is made;
Amendment 199 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on Member States to address racial and ethnic discrimination in employment, housing, education, health, access to goods and services;
Amendment 201 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Regrets that citizens of Roma origin are subjected to collective expulsion procedures by Member States and deplores the weak reaction of the Commission in certain cases;
Amendment 211 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges Member States to adopt the necessary legislative changes with regard to sterilization and to financially compensate the victims of coercive sterilizations performed on Roma women and women with mental disabilities, in line with the case-law of the ECtHR;
Amendment 219 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Member States to eliminate spatial segregation, forced evictions and homelessness faced by the Roma setting up effective and transparent housing policies;
Amendment 226 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Calls on the Member States to address the high levels of unemployment among the Roma by removing barriers to accessing employment;
Amendment 231 #
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Calls on the Member States to reform their national educational systems in order to address the needs of Roma children and to dismantle segregated educational arrangements;
Amendment 235 #
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Reiterates its call for a targeted approach to the social inclusion of Roma women in order to avoid multiple discrimination and ethnic segregation;
Amendment 250 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the EU institutions to explore the implementation of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the EU legal framework;
Amendment 253 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Member States to ensure through efficient measures the protection for pregnant workers and women on maternal leave;
Amendment 255 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Urges Member States to address the issue of violence against women, domestic violence and sexual exploitation in all its forms and to combat trafficking in human beings;
Amendment 257 #
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Calls on the Member States to ensure that national action plans address multiple discrimination and protect women belonging to ethnic minorities and immigrant women;
Amendment 269 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on Member States to adopt the national legislative framework to address discriminations experienced by LGBT people and same-sex couples on grounds of their sexual orientation or gender identity, and urges them to guarantee effective implementation of the existing EU legal framework and CJEU case-law; 1; __________________ 1 Case C-147/08, Jürgen Römer v Freie und Hansestadt Hamburg; Case C- 267/06; Tadao Maruko v Versorgungsanstalt der deutschen Bühnen
Amendment 270 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the Commission proposals on jurisdiction and applicable law for the property effects of marriages and registered partnerships; considers however that the choice of two different instruments 1 and of a separate approach for registered partnerships and marriages are unjustified; considers that the same choices of jurisdiction and applicable law should apply in both cases; __________________ 1 COM(2011)127 final and COM(2011)126 final.
Amendment 276 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on Member States who have adopted legislation on same-sex partnerships to recognise provisions with similar effects adopted by other Member States; recalls Member States’ obligation to fully implement Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, including for same-sex couples and their children;
Amendment 277 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to come up with a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 280 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Deplores that transgender people are still considered mentally ill in a number of Member States; calls on Member States to introduce or review legal gender recognition procedures on the model of Argentina and review conditions (including forced sterilisation) set for legal gender recognition; calls on the Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);
Amendment 282 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Welcomes the new set of asylum rules introduced in the Qualification Directive which include gender identity as a ground of persecution; maintains that the asylum package must remain coherent and include sexual orientation and gender identity in the Asylum Procedure Directive;
Amendment 284 #
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on Member States to ensure access to employment and goods and services without discrimination on grounds of gender identity, in line with EU law1; __________________ 1 Directive 206/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast); Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.
Amendment 285 #
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;
Amendment 286 #
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;
Amendment 287 #
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Calls on the Commission to use the results of this survey to prepare an EU Roadmap for equality on grounds of sexual orientation and gender identity, with a view to adoption by 2014;
Amendment 288 #
Motion for a resolution
Paragraph 26 h (new)
Paragraph 26 h (new)
26h. Calls on Member States to ensure the effective protection of participants in LGBT public events, including pride marches, and to ensure these events can take place lawfully;
Amendment 289 #
Motion for a resolution
Paragraph 26 i (new)
Paragraph 26 i (new)
26i. Calls on Member States to fully transpose Directive 2003/86/EC of the Council on the right to family reunification, without any discrimination on the grounds of sex or sexual orientation; recalls that, according to European Court of Human Rights jurisprudence, same-sex couples fall under the scope of family life1; __________________ 1 Schalk and Kopf v Austria, Application No. 30141/04, ECHR
Amendment 306 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on all the Member States to ratify the UN Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol and to ensure that all national action plans are in line with the European Disability Strategy 2010-2020 and aim at improving accessibility, employment, inclusive education and training, as well as independent living for the disabled;
Amendment 312 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Calls on the EU and on the Member States to improve access to employment and training of persons with disabilities, including persons with intellectual disabilities, using existing EU funds;
Amendment 314 #
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30c. Calls on the Member States to fund organisations active in supporting the independent living of disabled people and de-institutionalisation programmes;
Amendment 316 #
Motion for a resolution
Paragraph 30 d (new)
Paragraph 30 d (new)
30d. Calls on the Commission and Member States to ensure that EU funds are not directed towards renovating existing or building new institutions for persons with disabilities but are used instead to facilitate community living, in accordance with Articles 5 and 19 of the CRPD and Articles 21 and 26 of the Charter;
Amendment 317 #
Motion for a resolution
Paragraph 30 e (new)
Paragraph 30 e (new)
30e. Stresses the need to increase the political participation of persons with disabilities in elections by accommodating their special needs;
Amendment 325 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Is concerned at the existing trends of restricting the independence of data protection authorities and welcomes the Commission vigilance; calls on Member States to comply with existing provisions and the relevant case-law1; __________________ 1 CJEU, C-518/07, Commission v. Germany, 9 March 2010.
Amendment 330 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Expresses its concern regarding the shortcomings of the Data Retention Directive highlighted by the Commission’s report, the EDPS, several national parliaments and the constitutional courts of several Member States that have declared it unconstitutional;
Amendment 333 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32c. Welcomes that under the EU- Australia PNR agreement data is collected only for the purpose of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime, and that effective redress and protection safeguards are ensured;
Amendment 336 #
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32d. Regrets that in the EU-US PNR Agreement, the purposes for the collection of PNR data are not explicit and that data protection safeguards provided for in the agreement are not fully in line with EU standards;
Amendment 338 #
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32e. Calls on the Commission to address the concerns expressed by the EDPS, the Article 29 working party, the EESC, the FRA and by several national parliaments on the proposed directive on the European Passenger Name Record (PNR) 1 ,by limiting the scope of application to flights to and from third countries, the length of data retention and the list of data stored and by ensuring an effective evaluation of the system; __________________ 1 COM(2011) 32 final.
Amendment 340 #
Motion for a resolution
Paragraph 32 f (new)
Paragraph 32 f (new)
32f. Points out with concern that the first inspection performed by the Europol Joint Supervisory Body (JSB) raises serious concerns about compliance of the TFTP Agreement of the EU with the US with data protection principles;
Amendment 341 #
Motion for a resolution
Paragraph 32 g (new)
Paragraph 32 g (new)
32g. Stresses that a European terrorist finance tracking system 1 should be an efficient and targeted extraction system with clear access rights ensuring the termination of the current transfers of bulk data to the US as soon as possible; __________________ 1 COM (2011) 429 final.
Amendment 354 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Welcomes the improvements in the revised Qualification Directive 1 , notably a greater acknowledgment of gender- specific forms of persecution, the inclusion of gender identity as a ground of persecution for which protection should be granted, and the commitment to take the best interest of the child into account; __________________ 1 OJ L 337, 20.12.2011, p.9.
Amendment 355 #
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Urges Member States to implement the Qualification Directive in a manner which ensures full consistency with international human rights law and calls on the Member States that wish to do so to go beyond the minimum level of benefits and rights ensured by the text;
Amendment 356 #
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35c. Stresses that the broadened scope of the Directive on Long-term Residents 1 to refugees and beneficiaries of subsidiary protection, will contribute to their effective integration that carries benefits for the EU and the Member States; __________________ 1 OJ L 132, 19.5.2011, p. 1
Amendment 357 #
Motion for a resolution
Paragraph 35 d (new)
Paragraph 35 d (new)
35d. Welcomes the revised Commission proposal recasting the Reception Conditions Directive 1 and stresses that basic reception conditions should be offered from the moment asylum seekers arrive and that they should be encouraged to contribute to the host community, irrespective of the length of their stay; __________________ 1 COM(2011) 320 final.
Amendment 358 #
Motion for a resolution
Paragraph 35 e (new)
Paragraph 35 e (new)
35e. Stresses that gaps and ambiguities in the amended proposal of a Directive on common procedures for granting and withdrawing international protection status 1 must be addressed in a manner which can enable Member States to avoid the risk of increased costs and potential misuse, while ensuring access to fair and high quality asylum decisions for those in need of protection; __________________ 1 COM (2011) 319 final.
Amendment 359 #
Motion for a resolution
Paragraph 35 f (new)
Paragraph 35 f (new)
35f. Recommends the setting up of asylum expert teams assisting states with insufficient asylum infrastructures; takes the view that the existence of minimum standards and of quality assessment mechanisms can raise the quality of asylum decision-making;
Amendment 360 #
Motion for a resolution
Paragraph 35 g (new)
Paragraph 35 g (new)
35g. Emphasises that asylum-seekers do not enjoy equivalent levels of procedural and substantive protection in all Member States due to inadequate transposition of EC law or to differing approaches to implementation;
Amendment 361 #
Motion for a resolution
Paragraph 35 h (new)
Paragraph 35 h (new)
35h. Expresses concern at the current Dublin system’s impact on the legal rights of asylum-seekers, including their right to have their claim to asylum examined fairly and, where recognized, to effective protection, as well as at the uneven distribution of asylum claims among Member States;
Amendment 362 #
Motion for a resolution
Paragraph 35 i (new)
Paragraph 35 i (new)
35i. Stresses the need for completing negotiations on an effective mechanism for suspending transfers under the Dublin II Regulation to Member States where there is a risk of a violation of their fundamental rights, in line with recent ECtHR 1 and CJEU case-law 2; __________________ 1 In the case of M.S.S. v. Belgium and Greece the ECtHR condemned Greece and Belgium for violation of Articles 3 and 13 of the ECHR. 2 Joint Cases: NS/Secretary of State for the Home Department (England and Wales - C-411/10) and M. E. e. a./Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform (Ireland - C-493/10), judgement of 21 December.
Amendment 366 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Stresses the need to monitor the practical implementation of EASO’s mandate and that the fundamental rights related aspects of Europol’s work should addressed in the renegotiation of its mandate in 2013;
Amendment 367 #
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls for the effective implementation of the provisions on fundamental rights of the Schengen Borders Code and of the Community Code on Visas in the context of future Schengen evaluations;
Amendment 368 #
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36c. Stresses that the principles of necessity and proportionality of the data collected and stored should apply to the new technologies for storing personal data and for border surveillance;
Amendment 384 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Calls on the EU institutions and on all Member States to elaborate child- friendly policies in areas such as employment, environment, security or migration; stresses the importance of investing in children-oriented actions by re-orientating existing budgetary lines and by new investments;
Amendment 391 #
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Calls on the Member States to ensure the adequate implementation of the Directive on combating the sexual abuse of children and child pornography 1 and of the Directive on preventing and combating trafficking in human beings 2; __________________ 1 OJ L335, 17.12.2011, p.1. 2 OJ L 101, 15.4.2011, p.1.
Amendment 393 #
Motion for a resolution
Paragraph 40 c (new)
Paragraph 40 c (new)
40c. Calls on all EU Member States who have not yet done so to ratify the Optional Protocol to the UN CRC on the sale of children, child prostitution and child pornography and the 2007 Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse;
Amendment 394 #
Motion for a resolution
Paragraph 40 d (new)
Paragraph 40 d (new)
40d. Welcomes the fact that several Member States have already amended their criminal code to criminalise violence on the internet as well as various forms of sexual violence;
Amendment 395 #
Motion for a resolution
Paragraph 40 e (new)
Paragraph 40 e (new)
40e. Stresses the need to evaluate the progress made in the fight against trafficking in human beings in the light of the findings of the EU Anti-Trafficking Coordinator;
Amendment 396 #
Motion for a resolution
Paragraph 40 f (new)
Paragraph 40 f (new)
40f. Welcomes the Commission’s action plan on unaccompanied minors 2010- 2014; calls on the Commission to inform the EP on the findings of the expert group on unaccompanied minors in the migration process;
Amendment 397 #
Motion for a resolution
Paragraph 40 g (new)
Paragraph 40 g (new)
40g. Calls on the Commission to mainstream children’s rights in all EU activities and to assess the work to date of the Children’s Rights Coordinator and the European Forum on the Rights of the Child;
Amendment 398 #
Motion for a resolution
Paragraph 40 h (new)
Paragraph 40 h (new)
40h. Encourages the use of child rights indicators elaborated by the FRA in the reviewing of EU actions; calls for the elaboration of practical guidelines on how such indicators could best be used;
Amendment 402 #
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Calls on Member States to reform their asylum procedures in order to comply with the requirement to ensure an effective remedy as laid down by the ECtHR and CJEU case-law, notably on applicable timelines to lodge an appeal against a decision, a negative decision and provisions on the right to stay in the host country during the appeal process;
Amendment 403 #
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Highlights the importance of negotiations in view of amending the Dublin II Regulation and stresses that more efficient procedures should not be sought at the expense of the rights of applicants;
Amendment 404 #
Motion for a resolution
Paragraph 41 c (new)
Paragraph 41 c (new)
41c. Recalls the importance of the directive for seasonal workers 1 for reducing irregularity at work and the risk of exploitation and urges the swift conclusion of negotiations; __________________ 1 COM(2010) 379 final.
Amendment 405 #
Motion for a resolution
Paragraph 41 d (new)
Paragraph 41 d (new)
41d. Calls on the Commission, in the light of its evaluation of European Readmission Agreements 1 (EURAs) to refrain from supporting the hasty conclusion of new agreements that lead to violations of fundamental rights; calls on the Council to observe the ‘no agreement at any cost’ principle; __________________ 1 COM(2011) 76 final.
Amendment 406 #
Motion for a resolution
Paragraph 41 e (new)
Paragraph 41 e (new)
41e. Strongly condemns the extensive use by most Member States of detention to facilitate removal of immigrants, including minors, and urges Member States to introduce alternatives to detention in national legislation;
Amendment 407 #
Motion for a resolution
Paragraph 41 f (new)
Paragraph 41 f (new)
41f. Calls for fundamental rights-sensitive border controls and stresses the need for democratic oversight by Parliament over Frontex operations;
Amendment 413 #
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Urges Member States to restructure their court systems, review the level of court fees, reform the legal aid system and to provide alternative dispute settlement mechanisms so as to facilitate access to justice to the maximum extent possible;
Amendment 416 #
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Urges the EU institutions and the Member States to examine how common legal principles on collective redress could fit into the EU legal system and into the legal orders of the Member States;
Amendment 420 #
Motion for a resolution
Paragraph 43 c (new)
Paragraph 43 c (new)
43c. Calls on Member States to deal with gender-specific crimes and to propose effective means for tackling domestic violence, if necessary by adopting legislation on protection measures;
Amendment 423 #
Motion for a resolution
Paragraph 43 d (new)
Paragraph 43 d (new)
43d. Welcomes the Roadmap for strengthening the rights and protection of victims, adopted by the Council and the proposal by the Commission of the victims´ package that addresses specifically the needs of child victims and of victims of terrorism;
Amendment 425 #
Motion for a resolution
Paragraph 43 e (new)
Paragraph 43 e (new)
43e. Calls on the Member States to provide the financial resources for crime victim services, taking into account the upcoming assessment by the FRA of options and promising practices in the Member States;
Amendment 427 #
Motion for a resolution
Paragraph 43 f (new)
Paragraph 43 f (new)
43f. Stresses that international cooperation in the fight against terrorism should be based on full compliance with international standards and obligations in the area of human rights;
Amendment 428 #
Motion for a resolution
Paragraph 43 g (new)
Paragraph 43 g (new)
43g. Calls on Member States to establish the truth on their involvement in the CIA rendition and secret detention programmes, to investigate allegations of human rights and reform their systems to avoid future similar abuse;
Amendment 429 #
Motion for a resolution
Paragraph 43 h (new)
Paragraph 43 h (new)
43h. Welcomes the Roadmap on criminal procedures and calls on the Commission and the Member States to step up efforts in order to achieve strong EU-wide standards for procedural rights of both defendants and victims;
Amendment 430 #
Motion for a resolution
Paragraph 43 i (new)
Paragraph 43 i (new)
43i. Draws attention to the remaining deficiencies regarding minimum guarantees of the rights of defence, and points out that the Commissioner for Human Rights of the CoE questioned the absence of effective remedies against the European Arrest Warrant and its use for minor crimes;
Amendment 442 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls on the Commission and Member States to distribute information on the right to diplomatic and consular protection; calls on Member States to cooperate actively in order to secure the protection of EU citizens outside the EU, including in times of crisis or disaster;
Amendment 447 #
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45b. Points out the need to launch effective information campaigns that promote EU citizenship rights among young people such as setting up an ‘active citizenship programme’ in schools and universities;
Amendment 450 #
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
Amendment 452 #
Motion for a resolution
Paragraph 45 d (new)
Paragraph 45 d (new)
45d. Underlines the need for swift reform of the European Parliament electoral system, ensuring the active participation of EU citizens in the EU’s functioning;
Amendment 454 #
Motion for a resolution
Paragraph 45 e (new)
Paragraph 45 e (new)
45e. Calls on the EU and the Member States to increase public awareness of the Citizens’ Initiative, a tool for direct democracy aimed at enhancing the Union’s democratic functioning;