46 Amendments of Monika BEŇOVÁ related to 2013/2078(INI)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
– having regard in particular to Article 2, Article 3(3), second indent, and Articles 6 and 7 of the Treaty on European Union, as well as to Articles related to the respect, promotion and protection of fundamental rights in the EU, both in the TEU and in the TFEU,
Amendment 13 #
Motion for a resolution
Citation 23
Citation 23
– having regard to the activities, annual reports and, studies and opinions of the European Union Agency for Fundamental Rights, in particular the Annual Report on the Situation of Fundamental Rights in the EU in 2012,
Amendment 41 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European Union operates on the basis of the presumption and mutual trust that EU Member States conform with democracy, the rule of law and fundamental rights, as enshrined in the ECHR and in the Charter of Fundamental Rights, notably in relation to the development of an Area of Freedom, Security and Justice and the operation of the mutual recognition principle;
Amendment 44 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the principle of mutual recognition leads to a situation where persons can be transferred from one jurisdiction to another, without any prior human rights scrutiny of the respective decisions;
Amendment 58 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the FRA underlined in the focus section of its Annual Report on 2012 dedicated to "The European Union as a Community of values: safeguarding fundamental rights in times of crisis" that a common understanding of the Article 2 values and the legal obligations there from is an aspiration that calls for the establishment of a regular dialogue within the EU;
Amendment 61 #
Motion for a resolution
Recital E
Recital E
E. whereas the Commission has indicated its desire to strengthen the rule of law in the European Union and whereas it could propose the use of letters of formal notice under Article 7(1) of the existing EU Treaty; whereas it has also spoken of the need to amend the treaties and has announced that it might propose amendments before the end of 2013, or in early 2014, with a view to holding a debate during elections (including on Article 7) and seeking a consensus on these proposals, the aim of which should be that of ensuring that the EU policy on fundamental rights in the EU is based on clear rules and mechanisms; objective indicators, data and evidence, which are transparent, fair and predictable and provide strong protection for individual rights, democracy and the rule of law;
Amendment 65 #
Motion for a resolution
Recital G
Recital G
G. whereas numerous fundamental rights violations are still occurring in the European Union and in the Member States, as detailed in (annual and special) reports by the Commission, NGOs and the Council of Europe, in UN documentsthe FRA, the Council of Europe (annual reports and judgments of the European Court of Human Rights, documents and reports of the European Commissioner responsible for human rights, CoE Parliamentary Assembly documents), UN documents, documents produced by NGOs (such as Human Rights Watch, Amnesty International, Open Society Institute, ILGA-Europe, the ECRE, Reporters without Borders, Freedom House, etc.), etc.;
Amendment 68 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas these organisations have expressed and recorded their concerns, particularly with regard to the situation of Roma, migrants, asylum seekers, refugees, minorities, members of LGBT communities, the media and journalists, the actions of the security forces, police and secret services, the investigations necessary to prosecute and punish those responsible for human rights violations, state involvement in acts of torture and ill- treatment committed third countries, the use of evidence thus obtained, conditions of detention and the ill-treatment of detainees;
Amendment 97 #
Motion for a resolution
Paragraph 3 – point b
Paragraph 3 – point b
(b) ensure that the drafting and transposition of European law which affects and develops fundamental rights are strengthened and are correct, by following a rigorous policy of evaluation, monitoring and bringing violations before the Court of Justice of the European Union and notably in the areas where the EU has competence, such as anti-discrimination, equality, gender, disability, data protection, asylum and immigration;
Amendment 98 #
Motion for a resolution
Paragraph 3 – point c
Paragraph 3 – point c
(c) plan ambitious policies and action programs for fundamental rights and common European values, particularly in order to carry out proactively and systematically the obligations of the European Union with regard to combating discrimination and promoting equality as referred to in Articles 8 and 10 TFEU and Article 21 of the Charter of Fundamental Rights;
Amendment 103 #
Motion for a resolution
Paragraph 3 – point d
Paragraph 3 – point d
(d) cooperate in a more systematic and coordinated fashion with the Council of Europe and other international institutions based on their specialised expertise in order to avoid any duplication; streamlining the multiplicity of mechanisms already available to prevent violation of fundamental rights in the EU would make for a more comprehensive way to tackle breaches of fundamental rights and avoid forum shopping;
Amendment 109 #
Motion for a resolution
Paragraph 3 – point e
Paragraph 3 – point e
(e) establish a "new Copenhagen mechanism" to ensure that the fundamental rights and the values of the Union referred to in Article 2 of the EU Treaty and in the Charter of Fundamental Rights are respected, protected and promoted;
Amendment 117 #
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Stresses that this "new Copenhagen mechanism" could be activated immediately, on the basis of a Commission decision, and that it should:
Amendment 120 #
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) set indicators, on the basis of existing or already developed and recognised fundamental rights standards indicators developed for instance at UN and Council of Europe level (FRA and Commission);
Amendment 121 #
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) be based on objective and reliable data and information structured around such indicators, which would be further developed through a transparent and credible process (FRA, Commission);
Amendment 124 #
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
(b) monitor the situation in the EU, as well as in the Member States through a regular and objective process (FRA, Commission, Council, Parliament);
Amendment 126 #
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) carry out objective and, comparative and regular assessments, for each of the fundamental right s and/or subject-areas and for each Member State individually, of all instruments relating to human rights, such as the ECHR, Council of Europe and UN documents, NGOs, etc. – while striving for a maximum of comparability -, also on the basis of the findings and recommendations issued by existing monitoring mechanisms of the Council of Europe, United Nations, and EU institutions and bodies, in addition to information submitted by civil society organisations (FRA reports, Commission annual reports, Parliament annual reports, Council annual reports) and on this basis issue recommendations;
Amendment 129 #
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) establish a European strategy and a policy cycle on the application of Article 2 of the EU Treaty (democracy, rule of law, fundamental rights, equality) to provide an annual and multiannual framework, and an open annual interinstitutional forum on these European values, in particular the protection of fundamental rights;
Amendment 130 #
Motion for a resolution
Paragraph 4 – point d a (new)
Paragraph 4 – point d a (new)
(da) bring all existing data and analysis from national, European and international bodies together in order to make existing information relevant for the protection of fundamental rights, the rule of law, democracy and equality more accessible and visible;
Amendment 131 #
Motion for a resolution
Paragraph 4 – point d b (new)
Paragraph 4 – point d b (new)
(db) ensure that DG Justice and the FREMP working party in the Council work with the European Parliament's Committee on Civil Liberties to establish a regular structured dialogue between these institutions and civil society organisations on fundamental rights issues inside the EU
Amendment 139 #
Motion for a resolution
Paragraph 4 – point f
Paragraph 4 – point f
(f) incorporate an early-warning system, political and technical dialogue, letters of formal notice and a ‘freezing procedure’ - as already called for by Parliament, to ensure that Member States, at the request of EU institutions, suspend the adoption of laws that might disregard or breach fundamental rights or the EU legal order;
Amendment 145 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in collaboration with the FRA, to adopt a decision establishing this "new Copenhagen mechanism", as it did for the monitoring of corruption in the EU and in the Member States, and to revise the rules of the Fundamental Rights Agency to give it enhanced powers and competences;
Amendment 147 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the creation, preferably under an inter-institutional agreement, of a "Copenhagen commission" composed of independent high-level experts on fundamental rights, to be appointed also by the EP, whose aim shall be to ensure compliance by all Member States with the common values enshrined in Article 2 TEU, the continuity of the 'Copenhagen criteria' and advising and reporting in relation to fundamental rights matters, awaiting for the modification of the Regulation of the Fundamental Rights Agency to allow it to have a wider scope and stronger powers, as requested by the EP repeatedly;
Amendment 154 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to propose the announced amendments to the treaties with a view to strengthening fundamental rights and revising Article 7 ofWelcomes the statements made by the President of the Commission and by Vice- President Reding announcing a communication with possible changes to the EU Treaty, drawing on Article 121 of the Treaty on thies, in addition to the options available Functioning ofder the Ecuropean Union, the extension of the possibilities for redress and the powers of the Commission and the Court of Justice, a revision of the unanimity rule for amending the rules of the FRA and the deletion of Article 51 of the Charter; calls, also, for Article 7 of the EU Treaty to be substantially revised, with the addition ofrent Treaties, and calls on its competent Committees to examine the following proposals in detail, with a view to strengthening fundamental rights protection in the EU Treaties: - a revision of Article 7 of the EU Treaty, adding an ‘'application of Article 2 of the EU Treaty’' stage, separating the ‘'risk’' stage from the ‘'violation’' stage, with different thresholds for the majorities provided for, a strengthening of the technical and objective (not only political) analysis, enhanced dialogue with the Member States' institutions and a wider range of detailed and predictable penalties which are applicable throughout the procedure; calls for Parliament to be able to launch these procedures- drawing on Article 121 of the Treaty on the Functioning of the European Union to devise a stronger and detailed fundamental rights coordination and supervision mechanism; - the extension of the possibilities for redress and of the powers of the Commission and the Court of Justice; - a reference to the Fundamental Rights Agency in the treaties, including a legal base allowing to amend the Agency's founding regulation not by unanimity as is currently the case but via the ordinary legislative procedure; - the deletion of Article 51 of the Charter of Fundamental Rights of the European Union; - provide for Parliament the possibility to launch procedures on the violation of Article 2 TEU on an equal footing with the Commission and the Council; asksnd for the FRA to be able to contribute its necessary specialised support to the procedure; - review the requirement for unanimity in areas related to the respect, protection and promotion of fundamental rights, for instance in relation to equality and non- discrimination (for instance, Article 19 TFUE); Calls also its competent Committee to clarify the application of, and eventually review, the procedure related to the activation by the EP of Article 7 TEU;
Amendment 206 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the fact that a growing number of Member States are respecting the right to found a family through marriage, civil partnership or registered cohabitation and adoption, without discrimination on grounds of sexual orientation, and calls on the remaining Member States to do the same; welcomes the recent judgment by the European Court of Human Rights in the case of Vallianatos and others v. Greece affirming that same-sex couples must be able to enter into civil unions; calls on the Commission and all Member States to propose and adopt legislation and policies to combat homophobia, transphobia and hate crimes, and welcomes the publication of Opinion No 2/2013 of the FRA on the Framework Decision on Racism and Xenophobia - with special attention to the rights of victims of crime; calls on the Commission and all Member States to enforce the directive on freedom of movement without discrimination on grounds of sexual orientation; reiterates its calls for the Commission to draw up a European roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity, and to propose an ambitious regulation on the mutual recognition of the legal effects of civil status documents;
Amendment 212 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is extremely concerned about the number of suicides among young people falling victims of homophobia; recalls the findings of the FRA's EU LGBT survey which showed that 26% of all respondents had been attacked or threatened with violence at home or elsewhere, a figure which rises to 35% among all transgender respondents, while 19% of respondents felt discriminated against at work or when looking for a job, despite legal protection under EU law; consequently calls on the Commission to use these findings as a basis for a comprehensive European response to the fundamental rights problems of LGBT persons, in the shape of an EU Roadmap for equality on grounds of sexual orientation and gender identity, as repeatedly called for by Parliament and NGOs;
Amendment 216 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Regrets that legal gender recognition procedures for transgender people still include compulsory sterilisation in 14 Member States; calls on Member States to review these procedures so they fully respect transgender people's right to dignity and bodily integrity; congratulates the Commission for its commitment to work within 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 224 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses its concern about the numerous breaches of the right of asylum and of the obligation to extend protection in the event of removal, expulsion and extradition of any migrant; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention and the principle of non-refoulement, and the obligation to come to the assistance of people at sea who are risking their lives to reach the European Union, and to arrange for reception conditions and procedures which respect their dignity and fundamental rights; welcomes the adoption of the ‘'asylum’' package; deplores, however, the fact that minorschildren can still be placed in detention and calls for them to be systematically excluded from expedited procedures; calls for the establishment of common minimum standards for the reception and protection of unaccompanied minorschildren; welcomes the recent ECJ judgment stating that LGBT applicants for asylum can constitute a particular social group who may be persecuted on account of their sexual orientation and that the existence of a term of imprisonment in the country of origin sanctioning homosexual acts may constitute an act of persecution per se, provided that it is actually applied, while asylum seekers seeking protection from sexual orientation based persecution cannot be expected to "conceal [their] homosexuality in [their] country of origin or exercise restraint in expressing it";
Amendment 231 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the vulnerability of persons crossing Europe's southern sea borders, calls for a viable solution of the overall issue of immigration in the Mediterranean in full respect of the principle of non-refoulement and, as an absolute minimum, requires Member States and EU institutions to take the recent opinions of the FRA in consideration on how to best protect the fundamental rights of migrants in the context of maritime surveillance;
Amendment 238 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes the handbook on European law relating to asylum, borders and immigration produced by the EU Fundamental Rights Agency together with the European Court of Human Rights as a concrete contribution assisting legal practitioners in Europe to uphold fundamental and human rights;
Amendment 242 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls EU Member States and the Council to accelerate the works of the task force for the Mediterranean to ensure a significant expansion of rescue capacity at sea and to launch a comprehensive plan on migration and asylum, based on solidarity and responsibility sharing, focusing on all relevant aspects such as the revision of EU and Member States laws allowing the criminalization of humanitarian assistance to persons in distress at sea, the development of safe and legal routes for refugees and migrants to Europe as well as development, cooperation with third countries to strengthen democracy, fundamental rights and the rule of law to ensure that tragedies such as those of Lampedusa don't take place anymore;
Amendment 252 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the integration of people with disabilities and the rights of LGBT persons; reiterates for the umpteenth time its call for the Council to adopt the Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the FRA Opinion 1/2013 on the situation of equality in the European Union 10 years on from initial implementation of the equality directives in this regard;
Amendment 270 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses its concern about the situation of the Roma in the European Union and the numerous instances of persecution, violence, stigmatisation, discrimination and expulsion, contrary to fundamental rights and European Union law; calls for more vigorous action to promote integration, particularly in the field of protection of fundamental rights, and calls for an end to illegal expulsions and to segregation of Roma children in schools;
Amendment 272 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses its concern about the situation of the Roma in the European Union and the numerous instances of persecution, violence, stigmatisation, discrimination and expulsion, contrary to fundamental rights and European Union law; calls for more vigorousstrengthened and pertinent action to promote integration, particularly in the field of protection of fundamental rights, and calls for an end to illegal expulsions and to segregation of Roma children in schools; and the fight against violences and discriminations, for education, employment, housing, health services, and calls for an end to illegal expulsions and to segregation of Roma children in schools; calls political leaders to refrain from racist and xenophobic speeches and reminds police authorities that registers based on ethnicity are contrary to fundamental rights; believes that the Commission should follow up words with action by bringing to the ECJ cases of discrimination of Roma in violation of EU directives; calls for the FRA to continue its data collection on the situation of Roma and develop and propose a "dashboard" of Roma inclusion indicators that would make possible tracking progress in that area; calls for the development of the European Framework for National Roma Integration Strategies into a fully-fledged European Strategy;
Amendment 288 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns racist, anti-Semitic, homophobic and xenophobic violence and violence against migrants, which have reached alarming levels in certain Member States, in the absence of strong action by the authoritiesalls on Member States, to promote integration of minorities as well as promote equality in the field of Fundamental Rights, to ensure prosecution of cases relating to xenophobia, racism, anti-gypsyism and other forms of violence and hatred against any minority groups, including hate speech;
Amendment 292 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns racist, anti-Semitic, homophobic/transphobic and xenophobic violence and violence against migrants, which have reached alarming levels in certain Member States, in the absence of strong action by the authorities to combat these types of violence; calls for the revision of the Framework Decision 2008/913/JHA on Racism and Xenophobia to cover also hate speech and acts of anti-Semitism, Islamophobia and religious intolerance, anti‑ Gypsyism, homophobia and transphobia, and strengthen its application; fully supports the initiative launched under Irish Presidency to strengthen the fight against intolerance and calls the Council to continue such constructive work; calls the Commission and EU Member States to launch a coordinated and comprehensive action to combat and prevent hate crime systematically in the EU and to make hate crime visible through data, which should be made comparable to allow for an EU overview of the situation, by working together with FRA to improve hate crime data collection and harmonisation of data;
Amendment 298 #
Motion for a resolution
Paragraph 18a (new)
Paragraph 18a (new)
18a. Calls on Member States, recognizing that education is vital in the fight against discrimination, to ensure that their integration strategies focus on reforming national curriculums to include xenophobia, racism and anti-gypsyism within syllabi, to establish this as a form of discrimination in public discourse from a young age;
Amendment 299 #
Motion for a resolution
Paragraph 18b (new)
Paragraph 18b (new)
18b. Reiterates its call for a targeted approach to the social inclusion of Roma women in order to avoid multiple discrimination;
Amendment 301 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points to FRA Opinion 2/2013, on the Framework Decision on Racism and Xenophobia and stresses the need to ensure the rights of victims of crime, and in particular in cases of hate crime;
Amendment 322 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for stronger action to help homeless persons and provide them with shelter and support, condemns laws and policies at national or local level criminalizing those persons, who are more in need, as this amounts to a striking and inhumane violation of fundamental rights,
Amendment 335 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the entry into force of the Lisbon Treaty makes it necessary to increase transparency and openness in the Union; deplores the interinstitutional blockage of the revision of Regulation (EC) No 1049/2001 on the right of access to documents and information; calls on the Council and CommissioWhilst stressing the need to safeguard the common values enshrined in Article 2 TEU, in order to effectively monitor the Fundamental Rights situation in the EU, Member States are encouraged to provide comprehensive data in relation to Fundamental Rights breaches particularly in cases involving violations against minorities; this monitoring could be placed in tohe resume their work on the revision of this Regulation, on the basis of the proposals by Parliamentmit of the Copenhagen Commission in cooperation with the FRA to ensure equitable Fundamental Rights reporting and subsequent data collection;
Amendment 346 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the right to freedom of movement and residence of European citizens and their families laid down in the Treaties and guaranteed by the Directive on freedom of movement is one of the fundamental rights of European citizens; condemns any attempt to review this acquis, and calls for any breach of the rules to result in action before the Court of Justice, particularly iReiterating that the common European values enshrined in Article 2 TEU place fundamental rights at the centre of the European Union's concern; expresses its concern about the deteriorating fundamental rights situation cases where the principle of non-discrimination on grounds of nationality, ethnic or racial origin or sexual orientation is breached a consequence of the financial and economic crisis;
Amendment 359 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Acknowledges the importance of – in addition to courts – non-judicial and quasi-judicial institutions for access to justice, such as national human rights institutions, equality bodies, ombudsperson institutions, and data protection authorities as well as other such institutions with a human rights remit; underscores in this context, national human rights institutions should be appointed or established in all EU Member States with a view to their full accreditation under the so called Paris Principles (Principles relating to the status and functioning of national institutions for protection and promotion of human rights, UN Res. A/RES/48/134, 20 December 1993); stresses that full independence requirement would benefit also other institutions with a human rights remit;
Amendment 362 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the Commission to continue its work on criminal justice and the implementation of the road map on procedural safeguards and calls on the Member States to take up a more ambitious stance on the matter;
Amendment 363 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Welcomes the FRA report on access to justice in cases of discrimination in the EU and stresses that accessing justice often is complicated and cumbersome; believes that improvements could include facilitated procedures, and enhanced support to those seeking justice;
Amendment 365 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes the roadmapJustice scoreboard issued by the Commission with regard to civil justice, andthat unfortunately covers only civil justice issues, notwithstanding the fact that the EP had requested it to cover also criminal justice, fundamental rights and the Rule of Law; consequently calls for it to be developed so as also to cover at least also criminal justice; stresses that ithe scoreboard should be incorporated into the new procedure which also extends to democracy, the rule of law, fundamental rights and equality,Copenhagen mechanism and in the European policy cycle on the application of Article 2 of the Treaty on European Union;