Activities of Kinga GÁL
Plenary speeches (10)
EU enlargement policy 2023 (debate)
Continuing threat to the rule of law, the independence of justice and the non-fulfilment of conditionality for EU funding in Hungary (debate)
Preparation of the European Council meeting of 14-15 December 2023 (debate)
Presentation of the programme of activities of the Belgian Presidency (debate)
Humanitarian situation in Gaza, the need to reach a ceasefire and the risks of regional escalation (debate)
Situation in Serbia following elections (debate)
Strengthening European Defence in a volatile geopolitical landscape - Implementation of the common foreign and security policy – annual report 2023 - Implementation of the common security and defence policy – annual report 2023 (joint debate - European security and defence)
The murder of Alexei Navalny and the need for EU action in support of political prisoners and oppressed civil society in Russia (debate)
Council and Commission statements - Preparation of the European Council meeting of 21 and 22 March 2024 (debate)
Screening of third country nationals at the external borders - European Criminal Records Information System - Third Country Nationals - Common procedure for international protection in the Union - Establishing a return border procedure, and amending Regulation (EU) 2021/1148 - Asylum and migration management - Addressing situations of crisis and force majeure - Establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013, for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) - Union Resettlement Framework - Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection - Standards for the reception of applicants for international protection (recast) (joint debate - Migration and Asylum package)
Shadow reports (1)
REPORT on a European Parliament recommendation to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit
Institutional motions (7)
MOTION FOR A RESOLUTION on the 80th anniversary of the start of the Second World War and the importance of European remembrance for the future of Europe
MOTION FOR A RESOLUTION on opening accession negotiations with North Macedonia and Albania
JOINT MOTION FOR A RESOLUTION on opening accession negotiations with North Macedonia and Albania
MOTION FOR A RESOLUTION on the commemoration of the 30th anniversary of the Romanian revolution of December 1989
MOTION FOR A RESOLUTION on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament
on the Rule of Law and the consequences of the ECJ ruling
MOTION FOR A RESOLUTION on the need for EU action on search and rescue in the Mediterranean
Oral questions (3)
Functioning of the internal market
Putting forward an EU Strategy for Demography
Alleged conflicts of interest and influence-trafficking by judges of the Court of Justice of the European Union and the Commission
Written explanations (10)
Promotion of the freedom of scientific research in the EU (A9-0393/2023 - Christian Ehler)
A tudományos kutatás szabadsága egy kiemelt fontosságú elv, amely a legtöbb uniós tagállamban, így Magyarországon is, Alaptörvényben rögzített, alkotmányos érték. Ezért támogatom a tudományos kutatás szabadságának védelmét és az elv súlyos megsértésének tartom, hogy az Európai Bizottság és a Parlament megfosztja a magyar modellváltó egyetemek hallgatóit, oktatóit és kutatóit az Erasmus+ és Horizont Európa programokban való részvételtől.A jelentés azonban ahelyett, hogy a valós problémákkal foglalkozna, a tudományos kutatás szabadságának elvéből is politikai fegyvert próbál kovácsolni. Továbbá egy újabb kísérletet képez Magyarország támadására és lejáratására. Ez elfogadhatatlan, ezért nem támogattam a jelentést.
Nature restoration (A9-0220/2023 - César Luena)
A tagállamok hatékony és sikeres fellépésének köszönhetően, az intézményközi tárgyalások során sikerült új irányba terelni a javaslatot a természet-helyreállítási jogszabályról. Úgy vélem, hogy a területért felelős korábbi uniós biztos, Frans Timmermans teljes mértékben felelős a kezdeti kudarcokért, hiszen alelnökként azt várta el, hogy a Közös Agrárpolitika költségvetéséből finanszírozzák a helyreállítást. A keret túlterheltsége miatt ez a javaslat azonban komolytalan volt, így azt semmilyen formában nem lehetett támogatni.Meglátásom szerint a korábbi hibákat orvosolták, a Közös Agrárpolitika már nincs veszélyben. Kiemelten fontosnak tartom, hogy az uniós természet-helyreállítási intézkedések nem veszélyeztethetik Európa élelmezésbiztonságát. Szavazatommal támogattam az ideiglenes megállapodást, hiszen az abban foglalt javaslatok kellő garanciát nyújtanak a rugalmassági intézkedések és a vészfék mechanizmus alkalmazása révén.
Driving licences (A9-0445/2023 - Karima Delli)
Az Európai Bizottság javaslatának a céljai között szerepelt a közlekedésbiztonság szintjének a növelése, és a hivatásos sofőrök hiányának kezelése is.Az utóbbi cél elérése érdekében az Európai Bizottság javaslatot tett a C, D és E jogosítványkategóriák esetében a korhatárok csökkentésére, és a kisérővel történő vezetés uniós szintű bevezetésére.Az Európai Parlament szakbizottságának a jelentése, majd pedig a plenárison elfogadott jelentés több esetben is figyelmen kívül hagyta ezeket a célkitűzéseket, és olyan megoldásokat javasolt, amelyek nincsenek összhangban a szubszidiaritás elvével, és indokolatlanul szűkítik a tagállami mozgásteret, például úgy mint, a kötelező orvosi vizsga és az önértékelés közötti választás lehetőségének következetes fenntartása minden jogosítvány kategória esetében. A kezdeti célok támogatása mellett, a fenn említett fenntartások miatt, a végszavazásnál a jelentés ellen szavaztam.
The murder of Alexei Navalny and the need for EU action in support of political prisoners and oppressed civil society in Russia (RC-B9-0147/2024)
Együttérzünk a Navalnij család tagjaival, és egyetértünk azzal, hogy ki kell vizsgálni halálának körülményeit. Kiállunk az emberi élet és méltóság védelme mellett. Több mint két éve zajlik a háború Ukrajnában. Álláspontunk a kezdetektől egyértelmű: elítéljük Oroszország katonai agresszióját és kiállunk Ukrajna területi integritása és szuverenitása mellett. Azonban minél tovább tart a háború, annál több lesz a kár és az emberáldozat. Meggyőződésünk, hogy ennek a pusztításnak csak és kizárólag a béke vethet véget és nem pedig az újabb fegyverszállítások, a katonai támogatás fenntartása. A Fidesz európai parlamenti képviselőcsoportja ezért tartózkodott a határozat megszavazásánál.
The need for unwavering EU support for Ukraine, after two years of Russia’s war of aggression against Ukraine (RC-B9-0143/2024)
Magyarország mindig a nemzetközi jog talaján állt, és kezdettől fogva elítéljük Oroszország katonai agresszióját Ukrajna ellen. A háború kezdete óta elismerjük Ukrajna önvédelemhez, szuverenitásához és területi integritásához való jogát. A magyar kormány erőn felüli humanitárius segítséget biztosít Ukrajnának, több mint 1,3 millió menekültet fogadtunk eddig.A háború immár két éve tart, több százezer ember vesztette életét a harcokban. A pusztításnak csak fegyverszünet, béketárgyalások és tartós béke vethet véget.A határozat szövegében azonban nem esik szó tűzszünetről, béketárgyalások kezdeményezéséről. Ehelyett még több fegyver szállítását, a háború folytatását ösztönzi. A szankciós politika nem érte el a hozzá fűzött reményeket. Ez a szöveg az energiákra vonatkozó szankciórendszer még drasztikusabb kiterjesztését indítványozza például a nukleáris ágazat és a ROSZATOM-mal való együttműködés terén is, amely súlyos és közvetlen kihatással lenne Magyarország helyzetére is. A Fidesz európai parlamenti képviselőcsoportja ezért a határozat ellen szavazott.
Council decision inviting Member States to ratify the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization (A9-0040/2024 - Cindy Franssen, Kira Marie Peter-Hansen)
Magyarország eltökélt a munkahelyi zaklatás és erőszak valamint a férfiak és nők közötti különbségek eltörlésében. Ennek azonban nem megfelelő módja az, hogy az Unió ismét tagállami hatáskörbe avatkozva kényszerítené rá a tagállamokat egy nemzetközi egyezmény ratifikálására.A nemzetközi nőnap meggyalázása az, hogy a nők ünneplése helyett az Európai Parlament ezen alkalmat a balliberális gender ideológiájának terjesztésére használja fel. Az Európai Unió nem tagja a Nemzetközi Munkaügyi Szervezetnek, az egyes tagállamok a szervezet tagjai. A felvetést támogató tagállamok nagy része már bevezette saját szuverenitása körében az Nemzetközi Munkaügyi Szervezet 2019. évi (190. sz.) Erőszak és Zaklatás Elleni Egyezményét bármiféle eljárásjogi aggály vagy Uniós engedélyezés nélkül. Magyarország több tagállam mellett nem kívánta az egyezményt ratifikálni, annak ideológiai tartalma miatt, az hogy a Tanács erre kötelezné a tagállamokat elfogadhatatlan. Minden nő védelmet és tiszteletet igényel. Ennek biztosítása pedig uniós kereteken belül tagállami hatáskörbe tartozik.A megerősítésre való felkérést ezért a Fidesz európai parlamenti képviselőcsoportja ellenezte.
European Media Freedom Act (A9-0264/2023 - Sabine Verheyen)
A rendeletjavaslat elvileg a médiapluralizmust és a média függetlenségét kívánta védeni, valójában azonban ez egy brüsszeli cenzúratörvény, a tagállamok hatásköreibe beavatkozva akarja rendszabályozni a tagállami médiarendszereket. A jogszabály a médiapiaci sajátosságokat figyelmen kívül hagyva egységes, minden tagállam számára kötelező szabályrendszert határoz meg, s akár szankciókkal is korlátozhatja bizonyos tartalmak megjelenését a tagállami közmédiában.Az uniós szabályozás célja, hogy csak Brüsszel hangja szólalhasson meg a tagállami nyilvánosságban, és lehetőséget teremt arra, hogy Brüsszel elnyomja a nemzeti és keresztény-konzervatív véleményeket, értékeket. A jogszabály alattomos hatáskörbővítést jelent az EU részéről, hiszen a szabályozás tárgya, az EU alapító szerződései szerint nem EU-s hatáskör, hanem tagállami, ezért végszavazásnál nemmel szavaztam.
Creation of a European initiative for an annual designation of European capitals for children (B9-0174/2024)
A gyermekek európai fővárosának éves kijelölésére irányuló európai kezdeményezés létrehozásról szóló határozat támogatását semmi nem indokolja, mivel a gyermekvédelem tagállami hatáskör. Ezen kívül ez a program nem turisztikai vagy kulturális céllal jönne létre, hanem az EU értékeinek és céljainak (pl. LGBTQI, inkluzivitás, liberális ideológia, stb.) népszerűsítésére a gyermekek körében és a gyermekek bevonásával. Számos hasonló program áll már az uniós polgárok rendelkezésére, például Európai Ifjúsági Portál.Aggodalomra ad okot, hogy a gyermekjogokat eszközként akarják felhasználni arra, hogy a gyermekeket minél korábban a brüsszeli "értékekkel" tudják megismertetni ("brainwashing") és érzékenyítésre használnák ezt a kezdeményezést is. Maga a kezdeményezés egy bujtatott hatáskör elvonást is takar, hisz a gyerekvédelem nemzeti hatáskörbe tartozik. Meggyőződésünk, hogy a gyermekek elsődleges szocializációs forrásának a családoknak kell lennie, ez a javaslat azonban a család gyengítését eredményezi, ezért nem támogattam a határozatot.
Cohesion policy 2014-2020 – implementation and outcomes in the Member States (A9-0049/2024 - Andrey Novakov)
Az Európai Parlament március 14-ei plenáris ülésén szavazott a 2014-2020 közötti kohéziós politikát értékelő jelentésről.Az előterjesztés számos hasznos, helytálló, előremutató megállapítást fogalmaz meg. Felhívja például a figyelmet a kohéziós politika fontosságára az elmúlt évek súlyos válságai során. Kiemeli azt is, hogy a kohéziós politika segítségével jelentős eredményeket sikerült felmutatni többek között a foglalkoztatás, az energiai és közlekedési infrastruktúrák, vállalkozások, egészségügy, éghajlatváltozás elleni küzdelem területén.A rendkívül sok konstruktív gondolat mellett azonban sajnos ismételten megjelenik a jogállamiság gondolata, a jelentés ugyanis „elvárja a Bizottságól, hogy maradéktalanul vegye figyelembe a jogállamisági szempontokat a partnerségi megállapodások és a kohéziós politikai programok jóváhagyásakor.”Elfogadhatatlannak és ugyanakkor rendkívül sajnálatosnak tartom, hogy a jelentés helyesnek tartja, hogy nehezen definiálható, elfogult ideológiai feltételekhez kössék a kohéziós politikai pénzek folyósítását, ezért a jelentés plenáris szavazása során tartózkodó álláspontot képviseltem.
The adoption of the Special Measure in favour of Tunisia for 2023 (B9-0173/2024)
Magyarország számára kulcsfontosságú a régió országaival való együttműködés az Európába irányuló illegális migráció megállítása, az embercsempészet felszámolása érdekében. Emiatt volt lényeges a megállapodás az EU és Tunézia között. A Szomdszédságpolitikáért és Bővítésért felelős biztos előkészítő munkája eredményeként a Bizottság fontos lépést tett a két fél közötti együttműködés megszilárdítása érdekében.A költségvetési támogatás formájában jutattott segítségnyújtás egyszerre jelent hozzájárulást Tunézia gazdasági stabilitásához, amely fontos szempont az illegális migrációval szembeni és a régió polgárainak, kiemelten a fiatalok helyben maradásáért folytatott küzdelemben. Ha Tunézia stabilitása veszélybe kerül, úgy az Unió országaira helyeződő bevándorlási nyomás drámai mértékben erősödne. Továbbra is elkötelezettek vagyunk a Tunéziával való szoros együttműködés mellett, ezért a Fidesz európai parlamenti képviselőcsoportjának képviselői a határozat ellen szavaztak.
Written questions (10)
Cuban authorities’ use of EU funds for increased violence and repression
Ensuring the rights of the Hungarian minority in Ukraine
Activities of left-wing Hungarian politicians in Brussels to block Hungary’s access to EU funds
Discrimination against Hungarian university students
Discrimination against Hungarian researchers
Disregard for the opinion of the rectors of Hungary’s universities
Alleged involvement of the European Commission in negotiations regarding oil transit via the Druzhba pipeline
EU actions to promote linguistic diversity in the Erasmus+ programme
Policies to support families
Violation of the rule of law by the new Polish Government and the Commission’s silence
Amendments (1705)
Amendment 36 #
2023/2114(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the European Commission 2023 Communication on EU Enlargement Policy,
Amendment 55 #
2023/2114(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the New growth plan for the Western Balkans,
Amendment 56 #
2023/2114(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Regulation of the European Parliament and of the Council on establishing the Reform and Growth Facility for the Western Balkans,
Amendment 106 #
2023/2114(INI)
Motion for a resolution
Recital C
Recital C
C. whereas accession to the EU must always be a merit-based procedure whereby each applicant is assessed on their own merit in fulfilling the Copenhagen criteria, in particular those of ensuring full respect for human rights, democracy and the rule of law; whereas positive outcomes should be sought as quickly as possible, while avoiding fast-tracking or counterproductive fixed deadlines;
Amendment 129 #
2023/2114(INI)
Motion for a resolution
Recital E
Recital E
E. whereas candidate countries must also demonstrate their adherence to the fundamental values of the EU by progressively aligning with the common foreign and security policy;
Amendment 299 #
2023/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merit in fulfilling the Copenhagen criteria and in ensuring full respect for human rights, democracy and the rule of law; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership;
Amendment 309 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries welcomes the adoption of the Reform and Growth Facility for the Western Balkans and reiterates its importance in accelerating the EU rule of law mechanism and its annual reporting exercise, automatically activating pre- accession cooperation and verification mechanismuropean Union accession process;
Amendment 364 #
2023/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 429 #
2023/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 182 #
2023/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union laws, rules, standards, policies and practices with a view to Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, democratic transition, support for national and ethnic minorities, public procurement and State aid control, public finance management and fight against corruption and organized crime. These objectives should be pursued in a mutually reinforcing manner.
Amendment 202 #
2023/0397(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Activities under the Facility should support children and their families with particular attentions to children living in marginalised communities and in the outermost regions. Activities under the Facility should, where possible, support efforts such as tax benefits and pension funds for large families, equal access to early childhood development by setting up networks of nurses and children's homes and cheap access to compulsory kindergartens from the age of 3, equal access to primary and secondary education with the possibility of learning a languages and digital skills, a targeted strategy to prevent disadvantaged children from dropping out of school by encouraging them to stay in education via as the creation of scholarships, the creation of national talent centres, apprenticeship and traineeship programmes and participation in opportunities to study abroad.
Amendment 368 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Beneficiaries and the Commission shall ensure that equality between men and women, gender mainstreaming and the integration of a gender prespective are taken into account and promoted throughout the preparation of the Reform Agendas and the implementation of the Facility. Beneficiaries and the Commission shall take appropriate steps to prevent any discrimination based upon gendersex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Commission will report on these measures in the context of its regular reporting under the Gender Action Plans.
Amendment 37 #
2022/2204(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas in the General Assembly of the United Nations Serbia has voted for the resolutions condemning Russian aggression in Ukraine while strongly advocating for the territorial integrity and sovereignty of Ukraine to be respected in accordance with the international law;
Amendment 63 #
2022/2204(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that EU membership continues to be Serbia’s strategic goal; underlines the fact that progress on the rule of law and fundamental rights, the normalisation of relations with Kosovo and alignment with the CFSP will determine the dynamics of the accession procesthe normalisation of relations between Belgrade and Pristina and alignment with the CFSP will determine the dynamics of the accession process, reiterates the Commissioner for Enlargement's stance that while Serbia's progress in the area of rule of law is important, further progress will continue to determine the overall pace of accession negotiations;
Amendment 73 #
2022/2204(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets Serbia’s continued low level of alignment with the CFSP, in particular in the context of the Russian war on Ukraine; underlines the fact that, as a candidate country, Serbia must adhere to the EU’s principles and policies, and alignment with a warmongering autocratic regime is unacceptablecommends the positive steps taken in order to provide humanitarian aid to Ukraine; notes that although not part of the negotiating framework, as a candidate country, Serbia should progressively align its foreign policy with the CFSP; commends Serbia’s active participation in EU missions and operations;
Amendment 98 #
2022/2204(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. NotWelcomes Serbia’s alignment with the EU in voting in favour of relevant UN General Assembly resolutions and Russia’s suspension from the Human Rights Council; regretnotes, however, the fact that Serbia has consistently failed to align with the EU’s restrictive measures against Russia; deplores Serbia’'s close relationship with Russia;
Amendment 128 #
2022/2204(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on Serbia and EU Member States to pursue a more active and effective policy of communication about the benefits of EU enlargement targeting both Serbian and EU citizens across all social groups; in this regard, underlines the responsibility of the Serbian authorities and EU institutions in promoting European values and raising awareness of citizens about concrete results achieved, support granted through EU funding and visible and tangible benefits of the European integration process; in this context emphasises the necessity of the European Parliament returning to its traditional role as a vocal supporter of the enlargement process;
Amendment 145 #
2022/2204(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotWelcomes the initialsignificant steps taken by Serbia to align with the EU’s list of non- EU countries whose nationals require visas for the EU and calls for further alignment;
Amendment 149 #
2022/2204(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. NotesCommends Serbia’s progress in strengthening democracy and the rule of law and its increased legislative activities on EU-related reforms, especially the approval of the amendments to the Serbian constitution and stresses that the reform process should continue as a matter of priority; welcomes the adoption of the legislative package on judiciary;
Amendment 164 #
2022/2204(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the adoption of measures on improving the electoral conditions and media environment ahead of the April 2022 elections as a result of the inter-party dialogue facilitated by the European Parliament; welcomes the readiness of the National Assembly to continue this dialogue within the National Assembly;
Amendment 173 #
2022/2204(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the conclusions of the final report of the Organization for Security and Co-operation in Europe / Office for Democratic Institutions and Human Rights election observation mission, according to which the 3 April 2022 parliamentary elections presented diverse political options, but a number of shortcomings resulted in an uneven playing field, favouring the incumbents; welcomes that majority of the recommendations from the ODIHR 2020 report on parliamentary elections were mostly fulfilled; calls on the Serbian authorities to fully address the outstanding recommendations well ahead of the next elections;
Amendment 177 #
2022/2204(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the participation of all relevant political actors in the early parliamentary elections, resulting in a more pluralistic parliament; regrets, however, the delays in the formation of the new parliament and government, which resulted in limited decision-making, including on EU-related reforms;
Amendment 193 #
2022/2204(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes somWelcomes the progress in the fight against corruption; stresses the fact that more effort and political will areis needed to achieve tangible results, in particular with regard to serious and organised crime;
Amendment 201 #
2022/2204(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights the benefits of decentralisation process and encourages the strengthening of the competencies of the Autonomous Province of Vojvodina;
Amendment 202 #
2022/2204(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Reminds that under the terms of the Constitution, the law on the financing of the Autonomous Province of Vojvodina should have been adopted by the end of 2008; therefore encourages the Government to submit the matter to the parliament without any further delay;
Amendment 222 #
2022/2204(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that Serbia’s adequate legislative and institutional framework for upholding fundamental rights needs to be put into practice; urgeshould be more efficiently implemented, therefore calls the Serbian authorities to intensify their efforts to safeguard human rights;
Amendment 228 #
2022/2204(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the efforts the Government has made regarding the realization of the media strategy; encourages Serbia to continue implementing the Media Strategy and its accompanying Action Plan; notes that additional steps should be made in order to further increase media freedom; welcomes the activities of the Working Group for safety of journalists, however, underlines that further efforts are needed in securing freedom of expression; stresses the importance of preventing any possible threats, intimidation, harassment, hate speech and physical violence against journalists; notes the ongoing investigations and prosecution of such cases and urges the authorities to invest further efforts in this area; calls on Serbia to continue fighting disinformation, including manipulative anti-EU narratives;
Amendment 235 #
2022/2204(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 245 #
2022/2204(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 263 #
2022/2204(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 281 #
2022/2204(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. UnderlinWelcomes the importance of arovement of the strategic framework enabling civil society organisations to operate freely and participate in policy-making in inclusive and meaningful ways and underlines its importance; commends the work of the National Convent as an efficient instrument in this regard;
Amendment 297 #
2022/2204(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the significant representation of national minorities in the new parliament; welcomes that some members of the Government come from the ranks of national minorities, and that there are numerous women Government members;
Amendment 309 #
2022/2204(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on Serbia to take all necessary measures to ensure that the composition of state authorities, local self- government bodies and other public authorities reflects the national composition of population in their territories by increasing the number of employees who are members of national minorities and by their education and vocational training for carrying out their tasks and by taking measures to manage national diversity;
Amendment 315 #
2022/2204(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is concerned aboWelcomes the adoption of the National Strategy for Gender Equality and Strategy for Prevention and Protection against Discrimination, but gender-based discrimination and violence should be further tackled; calls on the government to adopt the overdue action plan and funding for the strategy relating to violence against women and domestic violence;
Amendment 334 #
2022/2204(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the adoption of a new general protocol for the protection of children from abuse and neglect; encourages Serbia to further improve the situation of all children;
Amendment 343 #
2022/2204(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. NotWelcomes Serbia’s engagement in regional cooperation initiatives and commends the efforts made in improving good neighbourly relations; encourages it to step up its reconciliation efforts and seek solutions to past disputes; underlines that there is no place for genocide denial or the glorification of war criminals in a candidate country;
Amendment 380 #
2022/2204(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its full support for the EU Special Representative for the Belgrade-Pristina Dialogue; calls on Serbia and Kosovoall parties to engage in this dialogue in good faith and in the spirit of compromise to achieve a comprehensive, legally binding agreement on the normalisation of their relations in accordance with international law; calls for the full implementation of all the relevant agreements, including the long overdue establishment of the Association/Community of Serb- Majority Municipalities;
Amendment 392 #
2022/2204(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. CStrongly condemns all actions that endanger stability and jeopardise the reconciliation process; is deeply concerned about the tensions in North Kosovo and the unacceptable shootingincluding the ethnically motivated murder attempt on Orthodox Christmas Eve; recalls the shared responsibility foron authorities in Pristina to ensure peace and the rule of law for all people living in Kosovo; welcomes the constructive approach of Serbia in the Belgrade- Pristina Dialogue, and Serbia’s commitment to the process of normalisation of relations;
Amendment 411 #
2022/2204(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes Serbia’s progress in developing a functioning market economy but underland attracting significant foreign direct inves the fact that the country’s private sector is hampered by weaknesses in the rule of lawtment (FDI), well above the region’s average; further improvements in rule of law will further strengthen market economy and increase foreign investments;
Amendment 419 #
2022/2204(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls onWelcomes the Serbian authorities to take measurey's efforts to counter depopulation, including the formation of the Ministry of Family Welfare and Demography;
Amendment 432 #
2022/2204(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is deeply concerned about the investments in Serbia by Russia and China and their influence on the political and economic processes in the region, while the EU should further increase its presence and investments in the region;
Amendment 458 #
2022/2204(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Welcomes the recently signed agreement on the Trans-Balkan Electricity Corridor in Serbia representing an investment value of 8,9 million EUR for the implementation of the 84 km section of the Trans-Balkan Electricity Corridor, since the project represents the EU's efforts to improve energy security in the Western Balkans and is partially financed by the Economic and Investment Plan for the Western Balkans;
Amendment 462 #
2022/2204(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Emphasizes that the need for energy diversification as well as the war in Ukraine make Serbia's role increasingly important for the EU in terms of energy transit;
Amendment 470 #
2022/2204(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Expresses concern about air pollution around power plants and municipal areas; welcomes the adoption of the new plan on protecting from air pollution; reiterates its calls on the Serbian authorities to urgently accelerate the implementation of air quality plans;
Amendment 481 #
2022/2204(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Welcomes projects, such as the Belgrade-Budapest railway, which drastically improves connectivity in the region in a low-carbon way, while also allowing for the further enhancement of much-needed trade into the region;
Amendment 484 #
2022/2204(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the government to takecontinue investing efforts in measures regarding river pollution and further align with the EU acquis on water quality and nature protection;
Amendment 31 #
2022/2203(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Russia’s war of aggression against Ukraine highlights the critical importance of EU enlargement for the Western Balkans and the EU;
Amendment 59 #
2022/2203(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the opening of accession negotiations mark a new phase in EU– North Macedonia relations;
Amendment 69 #
2022/2203(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes North Macedonia’s consistent commitment to EU integration, which has been underpinned bybased on the steady progress oin guaranteeingthe area of democracy, the rule of law and fundamental rights, while moving towards cross-cutting policy alignment;
Amendment 93 #
2022/2203(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern about the unjustified delays in the accession process; stresses the need to strengthen the process’s transparency, accountability and inclusiveness, including its parliamentary dimension;
Amendment 80 #
2022/2201(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Member States that have not yet recognised Kosovo as a sovereign state to do so as part of the EU path of Kosovo based on progress in the normalisation of relations with Serbia;
Amendment 97 #
2022/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reiterates its support for Kosovo’s application for membership of the Council of Europe and the country’s plan to join the NATO Partnership for Peace programme, based on progress in the normalisation of relations with Serbia;
Amendment 137 #
2022/2201(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that there have been some successful operations targeting organised crime, but notes with regret that limited progress has been made in investigating and prosecuting such cases; is concerned about the challenging situation regarding the fight against organised crime in the north of Kosovo;
Amendment 151 #
2022/2201(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes Kosovo’s lively and pluralistic media environment, but deplores the derogatory statements and smear campaigns aimed at investigative journalists; is particularly concerned about the lack of freedom of expression in the north of Kosovo; strongly condemns the recent attacks on journalists in Kosovo’s northern municipalities;
Amendment 60 #
2022/2200(INI)
Motion for a resolution
Recital F
Recital F
F. whereas malign foreign interference aims to destabilisecould lead to irregularities in the functioning of the institutions of BiH;
Amendment 134 #
2022/2200(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its call for targeted sanctioninstitutional measures against destabilising actors in BiH;
Amendment 336 #
2022/2200(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates the need for solidarity- based migration and asylum management and a fair distribution of reception capacities; wWelcomes the opening of negotiations on BiH’s upgraded status agreement with the European Border and Coast Guard Agency; regrets persisting shortcomingswelcomes improvementes made in migration and border management and encourages the handling of remaining shortcomings; calls on BiH to fully align with the EU’s visa policy;
Amendment 205 #
2022/2199(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the transformative nature of the substantial EU assistance provided under the IPA III and the Western Balkans Investment Framework, including the Youth Guarantee in the Western Balkans; recalls that, in line with IPA III conditionality, funding must be reduced or suspended in cases of backtracking or unjustified delays in the reform process under the Economic and Investment Plan for the Western Balkans Albania is included in 10 major flagship projects; urges to accelerate / speed up the implementation of these flagship projects for the benefit of all;
Amendment 12 #
2022/2064(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to Commission Opinion on Ukraine’s application for membership of the European Union (COM(2022) 407 final) of 17 June 2022,
Amendment 18 #
2022/2064(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the European Council's decision to grant EU candidate status to Ukraine and the Republic of Moldova on 23 June 2022,
Amendment 21 #
2022/2064(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, including a Deep and Comprehensive Free Trade Agreement (AA/DCFTA), which entered into force on 1 September 2017, and to the related Association Agenda,
Amendment 119 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) recognise that the EU’s prosperity and security rests on its ability to defend democracy, human rights including minority rights and the rules- based multilateral order;
Amendment 127 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) retain the geostrategic relevance and credibility of the EU by enhancing integration in the areas of common foreign, security and defence policies, and by streamlining its decision-making processes;
Amendment 139 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
(b a) take into consideration that enlargement of the European Union is a process of highly political nature which is helping the EU to strengthen its position in Europe and beyond; consequently the accession negotiation must not be regarded as an administrative, benchmarking exercise rather as an opportunity to strengthen core values in our partner countries, who seek membership in the European Union;
Amendment 144 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) undertake a thorough assessment of the EU’s enlargement capacity and enhance it with the new EU strategy for enlargement, including through necessary institutional reforms;
Amendment 174 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(e a) building and strengthening European values through the accession negotiations must be done with consideration to specific political and legal circumstances and historic sensitivities of the candidate countries, assisting them with all means necessary to overcome difficulties on their path to membership;
Amendment 179 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) avoid usingwork on ensuring that unresolved bilateral disputes do noto block candidate countries’ accession processes;
Amendment 225 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(i a) show more understanding and patience towards those candidate countries who already started accession negotiations, noting the progress already made during the accession process and by expecting results progressively;
Amendment 230 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
(k) adhere to already established clear, transparent and consistent performance benchmarks, and improve the measuring of progress and ensure continued political and technical support throughout the accession process;
Amendment 240 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) reward progress with a wider phasing-in of candidate countries into respective EU policies and initiatives; while sanctioning any backtrackmodulating assistance in case of serious backsliding;
Amendment 268 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) assist Bosnia and Herzegovina in addressing 14 key priorities, as a precondition for obtaining candidate statusgrant candidate status to Bosnia and Herzegovina without delay on the understanding that the 14 key priorities are implemented;
Amendment 275 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) encourage the acceleration of Montenegro’s and Serbia's accession processes, as the most advanced candidate countryies;
Amendment 311 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point s
Paragraph 1 – point s
(s) prioritise the alignment of accession countries with the EU’s common foreign and security policy and continue accession negotiations with Serbia only if the country aligns with EU sanctions against Russia;
Amendment 329 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
(t) formally suspendevaluate accession negotiations with Turkey, in accordance with the negotiating framework, until the country reengages with the EU and demonstrates clear and significant progress in EU-related reforms, while continuing partnership in essential areas of joint interest;
Amendment 347 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
(v) bringensure that democratic transformation and the rule of law back tocontinue to be at the very centre of the EU accession process, prioritising judicial independence, the fight against corruption and organised crime, good governance, human rights including minority rights, fundamental freedoms and media freedom;
Amendment 368 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point x
Paragraph 1 – point x
(x) strengthen the rule of law reporting for all accession countries by establishing a monitoring, dialogue and warning mechanism for rectifying major rule of law deficiencies, triggering negative conditionality in the form of the suspension of accession negotiations and pre-accession funding, and enabling the reopening of negotiation chapters under reversibility clausesand call on rigorous implementation of the set criteria;
Amendment 374 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point y
Paragraph 1 – point y
(y) while taking into consideration the specific circumstances of each candidate country, strategically apply targeted conditionality based on clear progress benchmarks, rewarding reforms and sanctionassisting in overcoming regression or a persistent lack of progress;
Amendment 381 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point z
Paragraph 1 – point z
Amendment 414 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point ae a (new)
Paragraph 1 – point ae a (new)
(ae a) encourage the regional cross- border cooperation between EU Member States and Partner countries along the external borders of the European Union;
Amendment 416 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point ae a (new)
Paragraph 1 – point ae a (new)
(ae a) support the Open Balkan initiative of the Western-Balkan countries as an instrument which, while fostering regional cooperation and good- neighbourly relations, helps the preparation of candidate countries for their future membership in the European Union;
Amendment 435 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point af b (new)
Paragraph 1 – point af b (new)
Amendment 438 #
2022/2064(INI)
(af a) foster the Partner countries’ further integration into EU programs, like Erasmus+, Horizon Europe, and Creative Europe, and improve the relevant cooperation in the framework of current and future programmes;
Amendment 440 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point af a (new)
Paragraph 1 – point af a (new)
Amendment 21 #
2022/2049(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
— having regard to the EU Guidelines on the promotion and protection of freedom and religion or belief, adopted on 24 June 2013,
Amendment 48 #
2022/2049(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Union strongly believes in and fully supports multilateralism, a rules-based global orderworld order based on international law and the set of universal values, principles and norms that guide the UN member states;
Amendment 64 #
2022/2049(INI)
Motion for a resolution
Recital F
Recital F
F. whereas violations of the rights to freedom of thought, conscience and religion, including the right to believe or not to believe, to change religion, and to express publicly one's own faith, give rise to situations of oppression, conflict and war around the world;
Amendment 71 #
2022/2049(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms the universality and indivisibility of human rights and the inherent dignity of every human being; stresses, in this regard, its strong commitment to addressing first and foremost the challenges to human rights worldwide and reiterates the duty of the EU andresponsibility of the EU, with the support of its Member States to act as a global leader in the promotion and protection of human rights and democracy in line with the founding values of the Union, while respecting international law;
Amendment 77 #
2022/2049(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Insists that the protection of the human dignity of every human being as well as human rights and fundamental freedoms must be the cornerstone of the Union’s external policy; strongly encourages the Union, to that end, to strive for a continued ambitious commitment to make the protection of human rights a central part of all EU policies in a streamlined manner and to enhance the consistency between the EU’s internal and external policies in this field, while respecting international law;
Amendment 101 #
2022/2049(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance that the EU and its Member States consistently act together and in unity to address global challenges to human rights and democracy, while ensuring that human rights do not become a tool of radical political ideologies in the Union's external and internal relations;
Amendment 106 #
2022/2049(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the EU and its Member States to intensify their efforts all over the world to support democracy and human rights; calls on the EU and its Member States, in this regard, both individually and in cooperation with like-minded international partners, to thwart unacceptable attempts to weaken democratic institutions and universal human rights, especially those that present authoritarian regimes as superior to democracies and diminish the space for and role of civil society, and religious and faith-based actors;
Amendment 119 #
2022/2049(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the EU to reflect on how to promote a human rights-based approach in all EU instruments and strategies in order to strengthen the EU’s human rights foreign policy; underlines that the Neighbourhood, Development and International Cooperation Instrument (NDICI – Global Europe), including its thematic programme on human rights and democracy, is one of the main tools at the EU’s disposal to improve the human rights situation around the world and help foster resilient, inclusive and democratic societies; stresses that the engagement of local civil society, and religious and faith- based actors is vital to protect human rights and democracy in their countries and reiterates its call to fully engage them in all of the EU’s relevant external activities; highlights the importance that NDICI – Global Europe attaches to the promotion of human rights and democracy with strategic international and local partners, particularly through EU Election Observation Missions; underlines Parliament’s role in the instrument’s programming process and calls on the Commission and the European External Action Service (EEAS) to share all the relevant information in a timely manner in order to enable Parliament to play its role accordingly, in particular during high-level geopolitical dialogues with the Commission;
Amendment 135 #
2022/2049(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with deep regret that the post of the EU Special Envoy for the promotion of freedom of religion or belief outside the EU has remained vacant for more than a year; reiterates its urgent call for the Council and the Commission to carry out a transparent and comprehensive assessment of the effectiveness and added value of the position of the Special Envoy as part of renewing and reinforcing its mandate, to provide the Special Envoy with adequate human and financial resources, and to adequately support the Special Envoy’s institutional mandate, capacity and duties; recalls that the Special Envoy’s duties should focus on promoting and protecting freedom of thought, conscience, religion and belief, andincluding the rights to non-belief, apostasy and the espousal of atheistic views not to have a religion and the right to change religion, the fights against forced conversion and misuse of blasphemy legislation, the support to the public and peaceful expression of ones' own faith;
Amendment 151 #
2022/2049(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the initiative of the EEAS to have a regular dialogue and consultation with churches and religious and non-religious actors in the preparation of the EU human rights dialogues and calls other EU institutions to follow this example when designing and implementing their external policies, under the framework of Article 17 of the TFEU;
Amendment 183 #
2022/2049(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that corruption seriously hinders the enjoyment of human rights worldwide; calls for the fight against corruption to be a part of all of the EU’s efforts and policies to promote human rights and democracy, by formulating a dedicated global anti-corruption strategy, including programmes under the EU’s external financial instruments and enhancing Parliament’s role of scrutiny; underlines the utmost importance for the EU and its Member States to lead by example by applying the highest transparency standards to their external funding and by stepping up their support for civil society organisations, churches and faith-based organisations and leaders, activists and investigative journalists engaged in the fight against corruption;
Amendment 195 #
2022/2049(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights that 2022 marks the 10th anniversary of Parliament’s decision to exert political leadership in committing to a major advancement in its democracy support activities, which it has implemented through a Comprehensive Democracy Support Approach since 2014; welcomes, in particular, its support for capacity-building for partner parliaments, mediation and fostering a culture of dialogue, including intercultural and interreligious dialogue and compromise, including among young political leaders, as well as for empowering women parliamentarians, human rights defenders and relevant representatives from civil society organisations, churches and faith- based organisations, and the free media; calls on the Commission to continue to pursue and step up its activities in these areas and to bolster funding and assistance for EU bodies and agencies, as well as other grant-based organisations, respecting the principle of non-discrimination; underlines that in the current context of heightened global tensions and repression in an increasing number of countries, direct support for civil society, religious and faith-based organisations’ leaders and people who express critical and dissenting opinions is of the utmost importance; stresses the importance of EU election observation missions and Parliament’s contribution to developing and enhancing their methodology; calls on the Commission, in this regard, to consider updating the election observation methodology to reflect the developments of the last two decades;
Amendment 223 #
2022/2049(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes with concern the increasing disregard for international humanitarian law and international human rights law, particularly in the ongoing conflicts around the world; underlines the utmost importance for humanitarian aid agencies, as well as humanitarian charitable organisations, including religious and faith-based ones, to be able to provide full, timely and unhindered assistance to all vulnerable populations and calls on all parties to armed conflicts to protect civilian populations and humanitarian, health and medicucational workers, as well as religious actors carrying out humanitarian or pastoral activities; calls for the systematic creation of humanitarian corridors in regions at war and in combat situations, whenever necessary, in order to allow civilians at risk to escape the conflict, and strongly condemns any attacks on them;
Amendment 229 #
2022/2049(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the EU and its Member States to admit the important role of churches and the faith based organizations in responding to humanitarian crises, recognizing that religious actors can contribute to promoting peace in different ways, address non-violence in their communities and stress universal respect for justice and human rights; highlights that religious communities have indispensable potential in conflict- management in developing countries towards political transitions as being key mediator in negotiations;
Amendment 252 #
2022/2049(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 272 #
2022/2049(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates that personal liberty and freedom of assembly, as well as freedom of religion and freedom of expression are cornerstones of democracy; is deeply concerned by the growing use of mass surveillance technologies by totalitarian, dictatorial and authoritarian regimes to curtail these freedoms, which increased further under the guise of COVID-19 prevention measures; calls for a strict and effective ban on sales of mass surveillance technologies to totalitarian, dictatorial and authoritarian regimes; calls for a greater response to the mass infiltration of disinformation and conspiracy theories within the digital sphere, perpetuated largely but not exclusively by authoritarian regimetotalitarian, dictatorial and authoritarian regimes, as well as non-state actors;
Amendment 309 #
2022/2049(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a systematic and consistent approach to promoting and defending children’s rights throughout the EU’s external policies; calls for more concerted efforts to protect children’s rights in crisis or emergency situations and welcomes the Council conclusions on this subject; expresses concern that the growing number of such crisis situations around the world, coupled with the long-lasting effects of the COVID-19 pandemic, has led to increasing violations of child rights around the world, including violence, early and forced marriage, sexual abuse including genital mutilation, paedophilia trafficking, child labour, recruitment as child soldiers, a lack of access to education, including the right to education in the mother tongue and healthcare, malnutrition and extreme poverty; stresses the disproportionate and long-term effects of food insecurity on children, which directly affects not only their health and development but also their education, as well as increasing the outrageous practice of child marriage; stresses that 2021 was the International Year for the Elimination of Child Labour and recalls the EU’s zero tolerance policy on this practice;
Amendment 316 #
2022/2049(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that the right to education has suffered particular setbacks, with unparalleled disruptions to education due to COVID-19 but also to religious extremism and gender discrimination against girlspolitical instrumentalisation of religion and discrimination against girls and serious weakening of the fundamental right and freedom of parents to educate their children in accordance with their ethical, pedagogical or religious views, as recognised in international human rights law; calls for the EU to step up its work to provide access to quality education, including innovative ways to circumvent the obstacles imposed by national authorities; calls on the Commission and the EEAS to step up their support for third countries to help them adapt to the challenges they have faced during the COVID-19 pandemic in the field of education; stresses that support could take the form of an increased funding allocation through NDICI – Global Europe, but could also include providing capacity-building and best practices based on the lessons learned through the EU delegations worldwide; highlights that the changed international environment and emerged sudden major crisis situation may require a financial solution enabling multi donor response to cover the growing gap of funding to achieve SDG4;
Amendment 332 #
2022/2049(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines its opposition to and condemnation of intolerance, xenophobia and discrimination on the basis of race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation or gender identity, which in many of the world’s regions leads to killings and persecution; stresses that racism, discrimination, xenophobia and related intolerance continue to be a major problem worldwide and have been further exacerbated by the COVID-19 pandemic; calls for the EU and its Member States to lead the global fight against increasing antisemitism, andti-Christian hatred and religious persecution, welcomes the adoption of the EU strategy to this end;
Amendment 349 #
2022/2049(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Deplores that many countries despite their international obligations and commitments to protect minorities are pursuing a policy of forced assimilation of national, ethnic and linguistic minorities by disregarding their fundamental and human rights; calls for the EU and its Member States to provide active support for EU partnercountries to respect the fundamental human rights of national, ethnic and linguistic minorities, including their culture, language, religion, traditions and history in order to preserve diversity, linguistic and cultural identity, where these minorities can freely enjoy their individual and community rights, in all areas of education and public life; reiterates the need to fulfil the obligations and commitments based on international treaties and agreements;
Amendment 360 #
2022/2049(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the utmost importance of freedom of expression and access to reliable information for democracy and flourishing civic space; expresses deep concern about the growing limitations to freedom of expression in many countries around the world by state and non-state actors, particularly for journalists, through censorship or the need for self-censorship and the abuse of counter-terrorism laws or anti-corruption laws to silence journalists and civil society organisations as well as members of religious communities and churches; expresses concern, moreover, about the physical safety of journalists and their being targeted in conflicts; as well as religious leaders who are under threat for their commitment to human dignity and fundamental rights;
Amendment 377 #
2022/2049(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes that 2021 marked the 40th anniversary of the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief; notes with grave concern that the right to freedom of thought, conscience and religion, to hold a belief, or not to believereligious or non- religious belief, including the right to change religion or publicly express it, is still violated in many countries around the world; stresses the negative impact of the COVID-19 pandemic, as some governments still use it as a pretext for further discriminatory practices including violence against and scapegoating religious minorities; calls for the EU and its Member States to step up their efforts to protect the right to freedom of thought, conscience, religion or belief, to raise these issues at UN human rights forums and to work with the relevant UN mechanisms and committees;
Amendment 430 #
2022/2049(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reaffirms the inalienable human rights of migrants, refugees and forcibly displaced persons, which must be reflected in the EU’s migration policy and in its cooperation with third countries in this area; stresses that the EU should step up its efforts to acknowledge and develop ways to address the root causes of irregular migration and forced displacement, building the resilience of migrants’ communities of origin and helping them offer their members the possibility to enjoy a decent life in their home country; calls for the EU and its Member States to continue and where possible step up their support for countries hosting most refugees, as well as transit countries; reiterates that close cooperation and engagement with third countries remain key to preventing migrant smuggling; stresses, in this regard, that the dissemination of information and awareness-raising campaigns on the risks of smuggling is crucial; calls for EU- funded humanitarian operations to take into consideration the specific needs and vulnerabilities of children and to ensure their protection while they are displaced; underlines the importance of prioritising the crisis-management locally, respecting the national competences, strengthening the external borders of the Union and developing an effective framework of safe and legal pathways to the EU and welcomes, in this regard, the Commission communication on attracting skills and talent to the EU13 , including the development of Talent Partnerships with partner countries; _________________ 13 Commission communication of 27 April 2022 on attracting skills and talent to the EU (COM(2022)0657).
Amendment 456 #
2022/2049(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Stresses the multitude of threats to human rights caused by modern warfare and conflicts around the world today; underlines that in addition to the states parties themselves, such conflicts often involve non-state agents including private military and security companies as well as terrorist organisations; stresses the disastrous humanitarian consequences of these conflicts and their devastating impact on civilians, who are directly targeted, have to endure grave human rights violations, and often have no or limited access to justice or legal remedies; emphasises that the ethnic and national minorities should not become a target or instrument of any military tension or conflict; calls for the EU to continue developing and implementing tools to enable it to respond swiftly and efficiently to such conflicts, to help put an end to the perpetration of human rights violations, and to provide assistance to the victims;
Amendment 23 #
2022/2047(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas protecting and promoting cultural heritage is an imperative for long lasting peace and security as cultural heritage is a vector for peace, reconciliation, mutual understanding, intercultural dialogue and sustainable development;
Amendment 115 #
2022/2047(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the importance of focusing not only on the protection of cultural heritage, but also on the development of cultural heritage, which is of particular significance for the survival of minorities, their spatial representation in this respect, the survival of their linguistic dialects and the passing on of their cultural traditions;
Amendment 121 #
2022/2047(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 127 #
2022/2047(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for the provision of priority support programmes that explore and demonstrate in all statuses of society the centuries of historical, cultural and artistic contribution to society of Roma people, for the majority and themselves, that particularly promote social dialogue between various communities, and most importantly between Roma and non- Roma people, that can replace feelings and experiences of exclusion with cultural pride as well as social inclusion positively promoting individual and community identity and self-identity, which could have a clearly positive impact on policy aspects of education, employment, healthcare and housing too;
Amendment 70 #
2022/0219(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Reinforcing the European Defence Technological and Industrial Base, the military potential of the Member States, and the independence and readiness of the European Defence capabilities should therefore be at the core of those efforts. Indeed difficulties and gaps still exist and the European defence industrial base remains highly fragmented, lacking sufficient collaborative action and interoperability of products, so the measures taken to reinforce the European defence industry must ensure that the development of defence capabilities does not generate tensions, or asymmetries among the Member States.
Amendment 89 #
2022/0219(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Common investment and defence procurement and the active participation of European SMEs, specifically small business owners, should in particular be incentivised, as such collaborative actions would ensure the competitiveness of the European defence industry, and that the necessary changes in the EU industrial base takes place in a collaborative manner, avoiding further fragmentation of the industry.
Amendment 178 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB) for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities and alternative solutions provided by the European defence industry for the safe operation until replacement of the systems left from the Soviet era;
Amendment 201 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
(2) The objectives shall be pursued with an emphasis on strengthening and developing the Union defence industrial base to reinforce its readiness against external factors while ensuring long-term peaceful cooperation among Member States, to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force.
Amendment 101 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) enhance negotiations on ceasefire and humanitarian corridors for saving lives of civilians; urges continued diplomatic efforts to stop the Russian aggression against Ukraine and find a peaceful solution based on respect for Ukraine’s sovereignty and territorial integrity;
Amendment 107 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 39 #
2021/2249(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Serbia has not imposed sanctions against Russia following the Russian aggression in Ukraine; whereas in the General Assembly of the United Nations Serbia has voted for the resolutions condemning Russian aggression in Ukraine while strongly advocating for the territorial integrity and sovereignty of Ukraine to be respected in accordance with the international law;
Amendment 66 #
2021/2249(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. In connection to the importance of European Grouping for Territorial Cooperation (EGTC) for the further development of cross border cooperation between EU member states and their neighbours, calls on the Serbian Government to provide the necessary legal background that would allow Serbian participation in EGTCs;
Amendment 73 #
2021/2249(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the increased voter turnout at the elections on 3 April 2022 and the return to a more pluralistic parliament, including numerous parties of national minorities; regrets the highly polarised political environment of the campaign, which was characterised by limited media pluralism and pressure on voters; condemns the violent attack on Pavle Grbović, one of the opposition leaders;
Amendment 96 #
2021/2249(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that Serbia has not aligned with EU sanctions following Russia’s invasion of Ukraine; notes that in the General Assembly of the United Nations Serbia has voted for the resolutions condemning Russian aggression in Ukraine while strongly advocating for the territorial integrity and sovereignty of Ukraine to be respected in accordance with the international law; calls on the newly elected authorities to show real commitment to EU values; and progressively to align with the EU’s decisions and positions in foreign and security policy, including sanctions against Russia;
Amendment 173 #
2021/2249(INI)
10a. Highlights the benefits of decentralisation process and encourages the strengthening of the competencies of the Autonomous Province of Vojvodina;
Amendment 174 #
2021/2249(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Reminds that under the terms of the Constitution, the law on the financing of the Autonomous Province of Vojvodina should have been adopted by the end of 2008; therefore encourages the future government to submit the matter to the parliament without any further delay;
Amendment 190 #
2021/2249(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the GRECO Second Interim Compliance Report noting that most of the recommendations have been implemented satisfactorily, which demonstrates significant progress compared to the previous reporting period; transparency on the law drafting process has been further improved and a more effective process of public participation in the legislative process at a preliminary stage has been established; adopting of constitutional amendments allowed the implementation of several GRECO recommendations with the High Judiciary Council now recognized as an independent body guaranteeing the independence of courts and judges; the new Law on Corruption Prevention, recently amended according to GRECO’s recommendations, as well as relevant manuals and guidelines aimed at public officials, improved the rules on conflicts of interest that apply to parliamentarians, judges and prosecutors;
Amendment 219 #
2021/2249(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RWelcomes the efforts the Government has made regarding the realization of the media strategy; notes that additional steps should be made in order to further increase media freedom; regrets the limitations on the freedom and independence of the media and the misuse of the media to gain an unfair political advantage, attack political opponents and spread disinformation;
Amendment 238 #
2021/2249(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the continuing physical attacks, intimidation, hate speech and political slurs against journalists and civil society; welcomes the efforts the Government has made regarding the protection of journalists and calls on the authorities to investigate all cases of such attacks and to improve the safety of journalists;
Amendment 264 #
2021/2249(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes Serbia's commitment in drafting a revised action plan on national minorities in the framework of Action plan for Chapter 23 in the negotiations, which will provide further improvement of implementation and development of the existing practices and legal framework on national minorities in particular in education, in, culture, in access to the media, in adequate representation in judiciary, police, public administration and public companies and in right to official use minority language;
Amendment 270 #
2021/2249(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on Serbia to take all necessary measures to ensure that the composition of state authorities, local self- government bodies and other public authorities reflects the national composition of population in their territories by increasing the number of employees who are members of national minorities and by their education and vocational training for carrying out their tasks and by taking measures to manage national diversity;
Amendment 361 #
2021/2249(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the introduction of a roaming-free zone in the entire Western Balkans as of 1 July 2021; welcomes the adoption of the Brdo Declaration signed by officials of the European Union and leaders of Western Balkan countries that also recognizes the importance of this achievement;
Amendment 385 #
2021/2249(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Welcomes the engagement of Serbia in the process of regional market integration in Western Balkan as a stepping stone toward the EU Single Market; enhanced regional cooperation followed by further economic integration with EU Single Market will attract the needed investments and generate new opportunities for citizens and the business community.;
Amendment 415 #
2021/2249(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on Serbia to step up its efforts to diversify its energy supply and overall energy mix, and in particular to reduce its dependency on Russia; urges the Commission to ensure that the IPA fundsis content that the Economic and Investment Plan, through its investment flagships in the areas of transport, green energy and digital transition contribute to the building of a climate neutral economy in Serbia;
Amendment 418 #
2021/2249(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Serbia is in a process of analysing new potentials for an energy diversification and importing or producing energy from alternative sources; the EU should step up its efforts in supporting Serbia´s endeavour; diversification has been an ongoing process, including the construction of the inter-connector with Bulgaria;
Amendment 424 #
2021/2249(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. The Program on Air Protection with the Action Plan is currently in the process of adoption; also, small scale grants for municipalities, for air quality and waste management improvements, started in 2021 will continue in 2022 for funding the implementation of projects aimed at reducing air pollution in Serbia;
Amendment 433 #
2021/2249(INI)
41a. The Waste Management Program in the Republic of Serbia for the period from 2022 to 2031was adopted on February 1, 2022, and the Waste Management Program Action Plan for the period from 2022 to 2024 is in the process of public presentation; a public debate on the Law on Waste Management has also been launched.
Amendment 437 #
2021/2249(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. The Ecological Information System was put into operation, allowing citizens to report environmental problems;
Amendment 69 #
2021/2248(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Urges Member States to urgently complete the discussions on the Negotiating Framework and decide on holding of the first Intergovernmental conference (IGC) with North Macedonia; furthermore, emphasizes that the official commencement of accession negotiations will be an investment in the credibility of the EU as well as in the stability, prosperity and the ongoing reconciliation processes in the Region;
Amendment 198 #
2021/2248(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the EU to boost its support for humanitarian assistance and border protection in the region; reiteraacknowledges that North Macedonia is on the migration routes its calls for North Macedonia to improve migration management and reception conditions;n the Western Balkans, so it has an extremely important role to play in stemming irregular migration, and as the migratory pressure is expected to intensify in the coming months, close cooperation is essential between the EU and North Macedonia.
Amendment 255 #
2021/2248(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. RWelcomes the European Commission’s Economic and Investment Plan for the Western Balkans, and the concrete proposals for development of infrastructure projects; recalls that EU funding is based on strict conditionality;
Amendment 280 #
2021/2248(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Perspective areas of cooperation should include, amongst others, water management, wastewater and waste treatment technologies,alternative and renewable energy, agricultural and food processing technologies, ICT, pharmaceuticals and medical equipment.
Amendment 292 #
2021/2248(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Welcomes North Macedonia’s OSCE Chairmanship in 2023, as well as their contributing role as a NATO member, especially in the current security context.
Amendment 303 #
2021/2248(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Emphasizes that as a NATO member state the contribution of North Macedonia to the protection of the European Union’s external border is crucial and calls on the EU to intensify its support to border protection in the region;
Amendment 20 #
2021/2247(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that all 33 screened chapters have been opened, but regrets that none have been closed since 2017; encourages Montenegro to specificallycontinue focusing on meeting the remaining interim benchmarks in Chapters 23 and 24 and thereafter on closing chapters;
Amendment 42 #
2021/2247(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that key positions in negotiating structures have remained vacant for a long time; urges the authorities to re-establish a fully functionalWelcomes the consolidation and upgrading of the negotiating structure as soon as possiblein 2021;
Amendment 67 #
2021/2247(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is deeply concerned by the continuing political tensions between and within the executive and legislative powers, and by the boycott of the parliamentcurrent blockade of parliamentary sessions, which continues to slow down the reform process;
Amendment 123 #
2021/2247(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly condemns attacks and harassment of journalists and calls for them to be investigated, sanctioned and for there to be effective judicial follow-up; welcomes the proposal toadoption of the amendments to the Criminal Code and the introducetion of tougher penalties for threats to or attacks on journalists;
Amendment 190 #
2021/2247(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the announcement of the ‘Europe Now’ initiative and calls on the authorities to make the best use of avwhich aims to achieve higher living standards and more competitive economy through a more sustailnable EU pre-accession assistance in this regardand inclusive economic growth model;
Amendment 198 #
2021/2247(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes with concern the negative impact of the COVID-19 pandemic on Montenegro’s economythe recovery of Montenegrin economy in 2021, following a deep recession in 2020;
Amendment 216 #
2021/2247(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the adoption of a national climate change adaptation plan and encourages Montenegro to speed up reforms in line with the EU’s 2020 climate and energy policy framework; and calls on the authorities to make the best use of available EU pre-accession assistance in this regard;
Amendment 227 #
2021/2247(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Reiterates its call on Montenegro to take urgent measures to preserve protected areas, andWelcomes proclamations of three protected areas; reiterates its call on Montenegro to continue identifying potential Natura 2000 sites;
Amendment 95 #
2021/2245(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the impasse in negotiations on electoral law reform and constitutional law reform in BiH and the lack of political will to overcome it; calls on all actors to promptly reach a balanced agreement, to fulfil the constitutional duty of democratic governance and to ensure the transparency and integrity of the electoral process;
Amendment 102 #
2021/2245(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly denounces the disregard for international and national norms and obligations, all hate rhetoric and disruptive action, including withdrawal from institutions, particularly by the leadership of the Republika Srpska entity, which destabilises the country, undermines its statehood in violation of the Dayton Peace Agreement and systematically hampers decisions on key laws and reforms; rejects all attempts to form parallel parastatal institutions, which undermine state institutions, legal order, judicial independence and sovereignty; calls for a full, non-selective and unconditional return to all state institutions;.
Amendment 117 #
2021/2245(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the EU and the international community to use all available tools, including targeted sanctions, against destabilising actors in the country;
Amendment 149 #
2021/2245(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses the need that the most important decisions of the European Union on Bosnia and Herzegovina should be based on the consent of the three constituent nations and the two entities.
Amendment 165 #
2021/2245(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of holding elections on agreed principles by all the parties this year as planned;
Amendment 218 #
2021/2245(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for urgent action to tackle issues in the areas of widespread selective justice, state capture, nepotism, cronyism, high-level corruption and criminal infiltration; reiterates the urgent need for judicial reform across BiH to improve the professionalism and integrity of the judiciary;
Amendment 248 #
2021/2245(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deplores threats from the authorities against civil society; condemns growing restrictions on freedom of expression in the Republika Srpska entity; in Bosnia and Herzegovina
Amendment 325 #
2021/2245(INI)
28. Calls forUrges the EU to take concrete steps to integrate the Western Balkans and BiH within a broader strategic and security context, also in view of the Russian aggression against Ukraine, disinformation and malign interference destabilising the country and region;
Amendment 172 #
2021/2244(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes Albania’s long-standing proven commitment to hosting refugees; recalls the authorities’ obligation to ensure due asylum process and to address the needs of refugees, asylum seekers and migrants; acknowledges that Albania is impacted by migration in the Western Balkans, so it has an extremely important role to play in guaranteeing the security of the Western Balkan region and stemming irregular migration, and meanwhile, developments in the region have an impact on progress in Central Europe and the amount of migration pressure on the continent as a whole;
Amendment 241 #
2021/2244(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. RWelcomes the European Commission’s Economic and Investment Plan for the Western Balkans, and the concrete proposals for development of infrastructure projects; recalls the conditionality of the EU funding under the IPA III and the Economic and Investment Plan for the Western Balkans;
Amendment 273 #
2021/2244(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Emphasises that as a NATO member state the contribution of Albania to the protection of the European Union’s external border is crucial and calls on the EU to intensify its support to border protection in the region;
Amendment 56 #
2021/2236(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the criteria for candidate status should be applied equally to all countries and that the candidate status of countries should be considered on the basis of the same values and criteria, while emphasizes that the accession criteria and the Copenhagen criteria should be binding for all candidates in the accession procedure; at the same time stresses that Georgia and Georgian people deserve the candidate status of the European Union;
Amendment 154 #
2021/2236(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the violence committed against peaceful participants of the Tbilisi Pride march on 5 July 2021 and the journalists covering the event; strongly denounces the lack of diligent investigations into or prosecutions of those responsible for organising the violence; notes that six perpetrators of the violence were sentenced to a maximum of five years in prison in April 2022; calls on the authorities to ensure the protection of the human rights of vulnerable groups, such as women, the LGBTQI+ community and ethnic and persons belonging to minorities;
Amendment 220 #
2021/2236(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 22 #
2021/2181(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to the UN Declarations on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted on 18 December 1992;
Amendment 23 #
2021/2181(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
— having regard to the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, adopted on 5 November 1992;
Amendment 280 #
2021/2181(INI)
Motion for a resolution
Subheading 14 a (new)
Subheading 14 a (new)
National, ethnic and linguistic minorities
Amendment 282 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls for governments of the EU’s partner countries to respect the fundamental human rights of national, ethnic and linguistic minorities, including their culture, language, religion, traditions and history to preserve cultures and diversity; reiterates the need to fulfil the obligations and commitments they have assumed under international treaties and agreements, so as the Council of Europe’s recommendations;
Amendment 284 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Deplores that many countries despite their international obligations and commitments to protect minorities are pursuing a policy of forced assimilation of national, ethnic and linguistic minorities by disregarding their fundamental and human rights;
Amendment 20 #
2021/2065(INI)
Motion for a resolution
Recital C
Recital C
Amendment 22 #
2021/2065(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the time is ripe to reform EU decision-making,Treaty on the European Union already ensures decisions based on mutual respect and solidarity in the field of common foreign and security policy making full and more effective use of the EU’'s hard and soft power instruments, including by introducing qualified majority voting for decision-making in certain EU foreign policy areas such as human rights and the protection of international law, while also ensuring that the EU’s external and internal actions are coherently interlinkedwhile ensuring that the EU's external and internal actions are coherently interlinked; and whereas the common European values include democracy and the equality of the Member States, therefore decision making in the European Union must continue to be based on democratic discourse and on consensus among the Member States;
Amendment 44 #
2021/2065(INI)
Motion for a resolution
Recital F
Recital F
Amendment 47 #
2021/2065(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Parliament’s determination and resolve to protect and defend the Union and the values and principles for which it stands, including the principle of territorial integrity, national sovereignty and the rules-based international order, must be matched by adequate decision- making and institutional structures for external actions are listed in full scope in the Treaties governing the EU's common foreign and security policy;
Amendment 76 #
2021/2065(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 60 #
2021/2055(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in numerous conflicts and crises around the world, attacks on cultural heritage have been an instrument of symbolic violence and the politicization of cultural heritage, often when including its religious aspects directly contributing to humanitarian crises, displacement and migration, the violation of religious and cultural rights as well as human dignity; whereas these can polarize either a society, a country, a region, an ethnical group or a community and increase the risk of violent conflict, thus cultural heritage destruction and looting can be a weapon of war, and a warning sign for future mass atrocities; whereas, furthermore, these represent major obstacles to dialogue, peace and reconciliation;
Amendment 61 #
2021/2055(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the destruction of cultural heritage renders communities, especially religious communities, vulnerable as they are deprived of an important part of their identity, while extremist groups and other conflict parties can easily spread their influence in areas where identities and social cohesion have been weakened and divisions in communities been reinforced;
Amendment 308 #
2021/2055(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses the importance of intercultural dialogue, including interfaith dialogue as a catalyst for reconciliation that can contribute to heal the scars of war and rebuild society, to ensure an adequate vision for the future while learning to live together peacefully and constructively in a multicultural context, developing a sense of community, belonging and mutual trust to envisage a peaceful common future, thus the EU shall use the collaboration in the protection of cultural heritage as a confidence building measure between religions, communities, ethnic groups and states including the protection of cultural heritage as part of CSDP missions planning and operational documents and ensure relevant expertise in the field;
Amendment 326 #
2021/2055(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Underlines the need of enhancing the EU’s role, as a value based actor, in preserving peace, preventing conflict and strengthening international security by adding cultural heritage within the EU’s toolbox as a factor contributing to the development of peace, reconciliation and mutual understanding, intercultural and inter-faith dialogue, international solidarity, identities and social cohesion, capacity building, local, inclusive and sustainable development, cities’ and regions’ regeneration;
Amendment 16 #
2020/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that agricultural productivity and resilience depend on biodiversity to guarantee the long-term sustainability of our food systems; underlines, furthermore, that much of the present biodiversity has been preserved by farming and forest management as well and is dependent on the continued active management of farmland and forest;
Amendment 28 #
2020/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the intention of the Commission to develop a new European biodiversity governance framework and to follow an inclusive approach involving civil society in a compliance watchdog role to monitor the implementation of EU environmental legislation; also welcomes its aim to put forward a new initiative in 2021 on sustainable corporate governance to address human rights and environmental due diligence across economic value chains; insists in this regard on the need to elaborate EU legislation for mandatory human rights and environmental due diligence for EU companies, EU- domiciled companies and third-country companies operating in the internal market, imposing legal obligations to identify, cease, prevent and mitigate adverse impacts throughout their supply chains and establishing effective monitoring and enforcement mechanisms;
Amendment 37 #
2020/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that deforestation and land- grabbing by large corporations has an enormous impact on indigenous peoples and local communities; underlines the importance of sustainable forest management for the health, climate resilience and longevity of forest ecosystems and as the most effective framework tool for the preservation of the multifunctional role of forests including maintaining and improving forest biodiversity; calls on businesses to recognise their rights and to ensure their effective participation in decision-making regarding their lands, in accordance with the United Nations Guiding Principles on Business and Human Rights and the Organisation for Economic Co-operation and Development’s Due Diligence Guidance for Responsible Business Conduct;
Amendment 32 #
2020/2129(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the rights to an effective remedy and fair trial are basic human rights enshrined in Article 8 of the Universal Declaration of Human Rights (UDHR), Article 2(3) of the International Covenant on Civil and Political Rights (ICCPR), as well as in Articles 6 and 13 of the ECHR and Article 47 of the Charter; stresses that the Union, as part of its commitment to promote, protect and fulfil human rights worldwide, must promote the rights of victims of business-related human rights violations and abusesviolations of internationally legally binding human rights rooted in human dignity that amount to criminal offences in third countries, in line with Directives 2011/36/EU1 , and 2012/29/EU2 of the European Parliament and of the Council; _________________ 1 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). 2 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 36 #
2020/2129(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that the United Nations Guiding Principles on Business and Human Rights (UNGPs) highlight the duty of states to protect against human rights abuseviolations within their territories, jurisdictions, or both, by third parties, including businesses; further emphasises that, independently of the ability and willingness of states to fulfil their human rights obligations, businesses have the responsibility to respect internationally legally binding human rights wherever they operate and to address adverse human rights impactviolations with which they arhave connecmmitted, including by enabling providing remedies to victims;
Amendment 48 #
2020/2129(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out that corruption in the context of judicial proceedings can have a devastating effect on the lawful administration of justice and judicial integrity, and intrinsically violate the fundamental right to a fair trial, the right to due process and the victim’s right to effective redress; stresses that corruption generally leads to systematic abuseviolation of human rights in the business context, for example, by preventing individuals from fairly accessing goods and services that states are obliged to proviensure in order to meet their human rights obligations, by encouraging wrongful acquisition or appropriation by businesses of land, or by granting licences or concessions to businesses in the extractive sector;
Amendment 55 #
2020/2129(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Regrets that despite attempts by European companies to implement their corporate responsibility policies to respect human rights, and various polices and laws in place to encourage or require due diligence across different Member States, only 37% of businesses are currently undertaking due diligence in their supply chains and only 16% cover the entire value chain; stresses that protection of internationally legally binding human rights and prevention of business-related abuses and violations cannot be achieved with current policies and that binding Union legislation is necessary to bridge this gap;
Amendment 58 #
2020/2129(INL)
Draft opinion
Paragraph 12
Paragraph 12
12. Notes that corporations and investors are calling for mandatory human rights due diligence at Union level, to harmonise standards, and secure a global level playing field and greater legal and business certainty; stresses that any regulatory requirements need to be sufficiently clear for companies to be able to comply with those requirements and know how to avoid sanctions, and due diligence legislation should ensure competitive advantage for European companies in the short and medium term;
Amendment 66 #
2020/2129(INL)
Draft opinion
Paragraph 13
Paragraph 13
13. Urges the Commission to propose Union mandatory human rights and environmental due diligence legislation imposing legal obligations on Union companies and companies domiciled or operating in the Union internal market and establishing effective monitoring, enforcement and remedy mechanisms; stresses that the legislation should focus on the first tier of the supply chain (T1) outside the EU;
Amendment 77 #
2020/2129(INL)
Draft opinion
Paragraph 14
Paragraph 14
14. Recommends that due diligence as required by Union legislation be extended to all potential or actual adverse impacts which the company has or may have caused, contributed to or with which it may bviolations of internationally legally binding human rights which the company has or may have directly linkcaused; this extends to, but is not limited to, abuseviolations across the entire value chain, including the parent undertaking, all subsidiaries, direct and indirect suppliers and subcontractors or other business partners;
Amendment 81 #
2020/2129(INL)
Draft opinion
Paragraph 15
Paragraph 15
15. Recommends that Union legislation cover all companies and all sectors, including state-owned enterprises, the bankingand provide spector and financial institutions, including the European Investment Bankial exemptions for SMEs in order to avoid disproportionate administrative and regulatory burdens on these small businesses;
Amendment 89 #
2020/2129(INL)
Draft opinion
Paragraph 16
Paragraph 16
16. Stresses that all human rights are universal, indivisible, interdependent and interrelated and should be promoted and implemented in a fair and equitable manner; recommends that due diligence obligations should apply to all business- related violations of internationally legally binding human rights abuses;
Amendment 96 #
2020/2129(INL)
Draft opinion
Paragraph 17
Paragraph 17
17. Recommends that Union mandatory due diligence legislation be adopted to require companies to identify and address their impacts with reference to all internationally recognised human rights including, as a minimum, those encompassed by the UDHR, all nine core international human rights treaties bearing in mind that not every Member State has ratified all the nine treaties, the ILO Declaration on Fundamental Principles and Rights at Work and all fundamental ILO conventions, as well as the ECHR and ICESCR, which are binding on Council of Europe member states and also bind Member States as a result of Union law and the common constitutional traditions of the Member States;
Amendment 111 #
2020/2129(INL)
Draft opinion
Paragraph 22
Paragraph 22
22. Notes that the United Nations High Commissioner for Human Rights and Human Rights Council have stated that climate change has an adverse impact on the full and effective enjoyment of human rights; underlines that the member states of the United Nations have an obligation to respect human rights when addressing adverse impacts of climate change; points out that the Supreme Court of the Netherlands has confirmed that Articles 2 and 8 of the ECHR impose a positive obligation for State Parties to take appropriate measures to prevent dangerous climate change; insists that climate change mitigation and adaptation in line with the Paris Agreement’s temperature goals must form part of businesses’ human rights and environmental due diligence obligations under the legislation;
Amendment 122 #
2020/2129(INL)
Draft opinion
Paragraph 25
Paragraph 25
25. Notes that some businesses are accused of profiting from or even complicity in war crimes and crimes against humanity due to their own activity or that of their business partners in conflict-affected areas or to their business relationships with state- or non-state actors involved in conflicts globally; Recommends that, in order to prevent substantial risks of grave violations of internationally legally binding human rights abuses and serious breaches of international law, the scope of due diligence under Union legislation be extended to breaches of international criminal law and international humanitarian law in which businesses may be implicated;
Amendment 131 #
2020/2129(INL)
Draft opinion
Paragraph 26
Paragraph 26
26. Recommends that, requirements for corporate mandatory human rights and environmental due diligence be grounded in the principle of corporate responsibility to respect universal human rights as articulated by the UNGPs; businesses should avoid infringing human rights and address adverse human rights impacts with which they are directly or indirectly connected, entailthem in case of violations, having in prlactice that they should have in place an embedded human rightse a specific policy, a human rights due diligence process and appropriate and adequate measures to facilitate access to effective remedies for business-related violations of internationally legally binding human rights abuses, including at company level, and other grievance mechanisms;
Amendment 147 #
2020/2129(INL)
Draft opinion
Paragraph 28
Paragraph 28
28. Stresses that universal human rights impacts can be specific to certain rights holders and vulnerable groups due to intersecting factors such as agender, sex, ethnicity, religion, social and employment status, migrant or refugee status, exposure to conflict or violence or other factors; this must be reflected in the due diligence processes, including the human rights impact assessment phase and remedy procedures;
Amendment 154 #
2020/2129(INL)
Draft opinion
Paragraph 29
Paragraph 29
29. Notes that the risk of business- related human rights adverse impactviolations does not always depend on the size of the company; insists that the scope of due diligence obligations must be based on the risk of adverse impactviolations and must be specific to the country and sector of activity; recalls that according to the UNGPs, three factors should be taken into account in assessing the severity of business impacts on human rights: the scale of the impact, the scope of the impact and whether the impact is irremediable;
Amendment 162 #
2020/2129(INL)
Draft opinion
Paragraph 30
Paragraph 30
30. Notes that human right riskviolations are context-specific and that, to accurately assess human rights risks, prevent, mitigate and remedy adverse impactthese violations, businesses should include in their analysis, in addition to information from employees, right-holders, affected communities and workers’ representatives, information from reliable independent expert sources, for which transparency is key; stresses in this regard, the key role of national human rights institutions, NGOs human rights oversight bodies such as the United Nations, ILO and Council of Europe, OSCE supervisory mechanisms, and the European Union Agency for Fundamental Rights as relevant sources of information and reporting;
Amendment 167 #
2020/2129(INL)
Draft opinion
Paragraph 31
Paragraph 31
31. Notes that in order to assess human rights riskviolations, independent and non- ideological monitoring of human rights impacts and working conditions in supply chains is essential, in particular by means of monitoring, which has workers and affected communities at its core and fully involves relevant stakeholders;
Amendment 186 #
2020/2129(INL)
Draft opinion
Paragraph 35
Paragraph 35
35. Notes that rights holders primarily affected by business-related human rights abuseviolations often lack adequate access to information about their rights and about how they are given effect in domestic legislative systems, and have difficulty accessing state agencies and organisations concerned with protection and enforcement of their rights; recommends that the legislation encourage businesses to engage with all affected and potentially affected stakeholders, with their representatives, or both, including workers’ representatives, at all stages of the due diligence process, from development to monitoring and evaluation, in a timely and meaningful manner;
Amendment 192 #
2020/2129(INL)
Draft opinion
Subheading 6
Subheading 6
Protection of whistle-blowers, human rights, human dignity and environmental defenders
Amendment 196 #
2020/2129(INL)
Draft opinion
Paragraph 37
Paragraph 37
37. Suggests that the companies establish effective alert mechanisms; through recourse to such mechanisms any interested party, including trade unions, consumers, journalists, civil society organisations, including Churches and faith based organisations, lawyers, and human rights and environmental defenders, or members of the public, should be able to warn the company of adverse impacts and human rights violations;
Amendment 204 #
2020/2129(INL)
Draft opinion
Paragraph 42
Paragraph 42
42. Highlights the fact that, as recalled by the UNGPs, states have the duty to ensure, through judicial, administrative, legislative or other appropriate means, that those affected by business-related internationally legally binding human rights abuseviolations have access to an effective remedy; Rrecommends that the legislation makes specific reference to this obligation in line with the United Nations Basic Principles and Guidelines on the Rights to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law;
Amendment 218 #
2020/2129(INL)
Draft opinion
Paragraph 44
Paragraph 44
44. Insists that access to evidence and time limitations can be major practical and procedural barriers faced by victims of human rights abuseviolations in third countries, obstructing their access to effective legal remedies; stresses that that the burden of proof should be shifted from the victims to the company and that the legislation must require companies to disclose all necessary information for interested parties to engage in judicial proceedings and for victims to access remedies;
Amendment 224 #
2020/2129(INL)
Draft opinion
Paragraph 46
Paragraph 46
46. Recommends that the legislation establishes guidance regarding the elements of an effective, fair and equitable operational grievance mechanism, with a view to defining appropriate measures to prevent harm, including providing adequate access to remedies; stresses that it is necessary to clarify the precise scope of the jurisdiction of the courts of the Member States in remedies;
Amendment 231 #
2020/2129(INL)
Draft opinion
Paragraph 47
Paragraph 47
47. Calls for measures to ensure that Union due diligence legislation is adequately monitored and enforced by national and Union bodies with appropriate duties and powers in accordance with their respective competences; such bodies should have competence to investigate abuseviolations, initiate enforcement actions and to support victims, for instance through legal advice, technical support and representation;
Amendment 240 #
2020/2129(INL)
Draft opinion
Paragraph 49
Paragraph 49
49. Stresses that criminal law and criminal justice are indispensables ultima ratio instruments might be necessary means of human rights protection against severe human rights violations;
Amendment 246 #
2020/2129(INL)
Draft opinion
Paragraph 51
Paragraph 51
51. Recommends that the legislation include criminal liability provisions for companies and directors and management that are held responsible in the event of the most severe violations of universal human rights.
Amendment 5 #
2020/2116(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 17 #
2020/2116(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to European Parliament resolution of 25 November 2020 on improving development effectiveness and the efficiency of aid (2019/2184(INI))
Amendment 23 #
2020/2116(INI)
Motion for a resolution
Recital A
Recital A
A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas migrants and lack of security; whereas women and girls, elderly and disabled people remain, however, among the most vulnerable groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering, discrimination and violence; whereas the European Union, as a historic region of both emigration and immigration and as a community united by founding values of human dignity, freedom and human rights, has a particular duty to respect, protect and promote thehuman rights of migrantsall people, notably in its external dealings;
Amendment 29 #
2020/2116(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas only by addressing the root causes of migration - such as poverty, food and nutrition security, unemployment, instability and the lack of security in third countries of origin of illegal mass migration - we can solve the challenge of illegal migration;
Amendment 33 #
2020/2116(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration, which builds on the GAMM principles, stresses that migration issues are at the top of the EU’s external relations priorities; whereas this framework calls for intensified cooperation with third countries, through ‘partnerships’ aiming at ensuring cooperation on migration management, in effectively preventing irregular migration and readmitting irregular migrants, including with positive and negative incentives stemming from different policy elements within EU competence, including neighbourhood, development aidssistance, trade, mobility, energy, security and digital policies, all leveraged towards the same objective;
Amendment 59 #
2020/2116(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards, but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection in practice as well as through a human rights-based approach to the entire migration policy cycle, from formulation to adoption, implementation and evaluation;
Amendment 104 #
2020/2116(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure transparent ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations;
Amendment 147 #
2020/2116(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 161 #
2020/2116(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern the increasing recourse since 2016 to enhanced conditionality betweethat European development cooperation and migration management, including return and readmission; stresses, however, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goalspublic investments should promote eradicating poverty, climate and environmental action, economic and trade policies and addressing illegal migration, and should also be fully aligned with the principles of universal human rights, democracy and good governance;
Amendment 170 #
2020/2116(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls for the EU to address the root causes of migration, such as poverty, food and nutrition security, unemployment, instability and the lack of security in third countries of origin of illegal mass migration; the focus should also be on assisting the development of stable institutions to promote sustainable societal development in these states;
Amendment 171 #
2020/2116(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Considers that the EU needs to help third countries to offer a perspective of future for young generations constituting the active work force of their own countries, so that people do not start the dangerous journey towards Europe, risking their own and their children's lives;
Amendment 178 #
2020/2116(INI)
Motion for a resolution
Paragraph 16 – subparagraph 1 (new)
Paragraph 16 – subparagraph 1 (new)
Notes that EU development cooperation must be aligned with sustainable development goals, also in the context of gender related actions;
Amendment 183 #
2020/2116(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency, including by establishing a clear overview of the fundsall instruments within the EU budget used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation, including information on the amount, purpose and source of funding as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget;
Amendment 188 #
2020/2116(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, and of ensur, assist the creation of decent life for people ing that a significant part of EU funding is earmarked for the improvement of human rights, international proteceir home countries for providing health care, education, and the future perspective of refugeessupporting job creation;
Amendment 197 #
2020/2116(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmesthat a non-programmed, flexible facility in the NDICI will be necessary to provide swift, effective and targeted response to emerging challenges as natural disasters, armed conflicts and mass migration;
Amendment 206 #
2020/2116(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that Parliament must make full use of its powers of implementation, scrutiny and budgetary control and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management, in line with the EU’s Financial Regulation;
Amendment 208 #
2020/2116(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 216 #
2020/2116(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the EU and its Member States to pursue a migration policy that fully reflects the human rights of migrantrefugees as enshrined in both international and regional law; calls on the EEAS, the Commission and the Member States to engage with third countries on the rightto address the root causes of migrantstion as an integral dimension of the EU’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral EU human rights dialogues with the relevant countriesdevelopment policy; calls on the EU Delegations in those countries to monitor closely the rights of migrantsrefugees and internally displaced people, particularly in countries of transit; insists on the proactive engagement of the EU in countries where human rights defenders and civil society organisations, including those who are protecting the lives of migrants and asylum seekers who are at risk, are under threat or are being criminalised for developing partner countries with civil society organisations, as CSOs, churches, FBOs and other organisations with humanitarian, education and human rights protection activities, including those who are protecting the lives of people in need, notably refugees, women and girls in armed conflicts, elderly and disabled people and otheir legitimate workmarginalised groups;
Amendment 221 #
2020/2116(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 228 #
2020/2116(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the EU must take a leading role in supporting policy and normative developments in relation to the rights of migransustainable development and policy dialogue on universal human rights in multilateral fora; calls on the Commission and the Member States to provide financial and political support for the relevantincrease the efficiency of implementation of development funding, and urge to provide more visibility and accountability for EU funding for international and regional bodies, including NGOs, the International Committee of the Red Cross, the UN High Commissioner for Refugees (UNHCR) and UNRWA, as well the OHCHR and the UN Special Rapporteur on the human rights of migrants;
Amendment 160 #
2020/2111(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 370 #
2020/2111(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reiterates that the European Union was created with the aim of deepening solidarity between the peoples of Europe and thus in such difficult times it should concentrate on cooperation where needed instead of questioning the exceptional measures adopted with the sole purpose of protecting citizens and saving lives;
Amendment 382 #
2020/2111(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that only a more united EU, backed up by sufficient and credible military capacities, will be able to conduct a strong foreign policy, and believes that the VP/HR should receive a stronger mandate in speaking on behalf of the EU;
Amendment 397 #
2020/2111(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 425 #
2020/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the important role of the armed forces during the COVID-19 pandemic and believes that a more in-depth joint operation and coordination of member states’ armed forces within existing frameworks - such as the European Medical Command - or within new frameworks - such as military hospital trains - could lead to greater efficiency and contribute to the EU’s preparedness to fight pandemics; notes that effective external border protection plays a crucial role in maintaining the free movement of persons and goods within the EU; recognises the need to review the EU’s security and defence strategies to develop strategic autonomy, to become better prepared and more resilient to the new and hybrid threats and technologies that have made the nature of warfare less conventional and challenge the traditional role of the military, as well as for a future in which Russia and China are becoming more assertive; stresses that the future Strategic Compass on security and defence should reflect these developments and take account of the broader geopolitical implications of COVID-19; believes that, given the new political balance and a potential worsening of the international security environment following COVID- 19, the EU defence budgets must not be cut;
Amendment 483 #
2020/2111(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. The emergency caused by the pandemic has also highlighted the EU’s dependence on third countries. To avoid supply problems, critical products and technologies must be produced in Europe, and certain vital sectors and value chains need to be relocated to the territory of the Union.
Amendment 486 #
2020/2111(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. In order to increase the strategic autonomy of Europe’s economy, there is a need to support and protect the critical, fundamental and strategic sectors, for example energy and transport, food production, medical equipment and medicinal product manufacture.
Amendment 487 #
2020/2111(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. A crucial target is strengthening the EU’s global competitiveness, which can only be achieved if the Member States are also competitive.
Amendment 491 #
2020/2111(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 516 #
2020/2111(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Underlines the strategic importance of EU engagement and support in its neighbourhood, both in the East and in the South; stresses that the EU must giv by helping its neighbours in their combat against the COVID-19 pandemic, stresses that the EU should speed up the accession negotiations with those Western Balkan countries that are not yet part of the EU a fair chance to join the EU, and that the EU must continuestep up its efforts to invest in the region;
Amendment 533 #
2020/2111(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Commends the financial assistance initiative of the European Commission to support the Western Balkans in addressing the COVID-19 pandemic. Considers that the Economic and Investment Plan for the Western Balkans region to tackle the hard socio- economic impact of the crisis will contribute to maintain our influence in the region.
Amendment 7 #
2020/2098(REG)
Proposal for a decision
Citation -1 (new)
Citation -1 (new)
-1 having regard to Parliament's roles, functions and competences laid down in the Treaties,
Amendment 8 #
2020/2098(REG)
Proposal for a decision
Citation -1 a (new)
Citation -1 a (new)
-1a having regard to the primary obligation of the institutions of the European Union to safeguard the rule of law also in their own functioning,
Amendment 9 #
2020/2098(REG)
Proposal for a decision
Citation -1 b (new)
Citation -1 b (new)
-1b having regard to the rights of persons with disabilities and to the European Parliament resolution of 7 July 2016 on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee1a ; _________________ 1a OJ C 101, 16.3.2018, p. 138.
Amendment 12 #
2020/2098(REG)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Takes note of the temporary measures adopted by its President and its governing bodies in order to cope with such extraordinary circumstances; underlines that those measures were needed to guarantee the continuity of Parliament’s business, which is required by the Treaties, allowing Parliament to carry out its legislative, budgetary and political control functions during the crisis;
Amendment 14 #
2020/2098(REG)
Proposal for a decision
Paragraph 4
Paragraph 4
4. Recognises that those temporary measures were fully justified and ensured the validity of all votes taken during their period of applicatione motive and necessity of those temporary measures were tackling the circumstances caused by the COVID-19 pandemic;
Amendment 15 #
2020/2098(REG)
Proposal for a decision
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses its desire to restore Parliament's full operation in compliance with its own rules, as laid down in the Treaties;
Amendment 22 #
2020/2098(REG)
Title XIII a (new) – rule 237 a (new)
Amendment 29 #
2020/2098(REG)
Title XIII a (new) – rule 237 b (new)
Amendment 35 #
2020/2098(REG)
Title XIII a (new) – rule 237 c (new)
Amendment 38 #
2020/2098(REG)
Title XIII a (new) – rule 237 d (new)
Rule 237d Holding of the plenary session in separate meeting rooms Where the President decides in accordance with Rule 237a(3), point (c), to allow a plenary session of Parliament to be held in whole or in part in more than one meeting room, including, where appropriate, the hemicycle, the following rules shall apply: – the meeting rooms used in this context shall be considered to collectively constitute the Chamber; – the President may, if necessary, determine the manner in which the respective meeting rooms can be used, in order to ensure that physical distancing requirements are respected.
Amendment 40 #
2020/2098(REG)
Title XIII a (new) – rule 237 e (new)
Rule 237e Parliamentary business during a period of extraordinary circumstances 1. Without delay after the adoption of a decision by the President under Rule 237a(2), the Conference of Presidents shall identify those activities which are essential and urgent for Parliament during the period of extraordinary circumstances referred to in Rule 237a(1), taking into account the opinion of the Conference of Committee Chairs. Those activities shall include measures that need to be taken with regard to the extraordinary circumstances, to budgetary matters, to urgent legislative procedures, or to major political events. 2. During the period of validity of a decision adopted under Rule 237a(2), the parliamentary business conducted in part- sessions and committee meetings shall be limited to the consideration and adoption of measures identified as essential and urgent by the Conference of Presidents taking into account the opinion of the Conference of Committee Chairs in accordance with paragraph 1. 3. Within two months after the adoption or modification of the rules regarding extraordinary circumstances under Title XIIIa, the President of the European Parliament shall initiate the procedure of Article 263 TFEU to review the legality of the modification of the Rules of Procedure and ensure that the modification is in line with the principle of the rule of law and democracy.
Amendment 42 #
2020/2098(REG)
Title XIII a (new) – rule 237 f (new)
Rule 237f Members with disabilities The European Parliament, to the best of its capabilities, shall ensure reasonable accommodation for Members with disabilities and their staff in the course of operating under extraordinary circumstances described in this Title.
Amendment 3 #
2020/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles of the UN Charter, the prohibition on the use of force by States in their relations with each other, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of freedom, of democracy, of equality and of the rule of law; highlights that all defence-related efforts within the Union framework must respect these universal values while promoting peace, security and progress in Europe and in the world;
Amendment 21 #
2020/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that states, parties to a conflict and individuals, when employing AI-enabled systems in warfare, must at all times adhere to their obligations under the applicable international law and remain accountable for actions resulting from the use of such systems; recalls that AI machines can under no circumstances be held accountable for intended, unintended or undesirable effects caused by AI- enabled systems on the battlefield; emphasizes that the decision to take lethal action by means of autonomous weapons systems must always be made by human operators exercising the necessary level of judgment in line with the principles of proportionality and necessity;
Amendment 31 #
2020/2013(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the need to adopt clear safety and security provisions and requirements for AI-systems in defence, and carry our regular tests and verifications across the entire lifecycle;
Amendment 5 #
2020/2012(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the opportunities offered by artificial intelligence, already having an impact on our world in many different ways; artificial intelligence has the potential to become the engine of productivity and economic growth; it has the ability to increase the efficiency with which things are done and improve the decision-making process by analysing large amounts of data; emphasizing in the same time the need to maintain at all times the responsible human monitoring and control in relation to artificial intelligence systems;
Amendment 88 #
2020/2012(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. UEmphasizes that military robots are becoming more complex; underlines that the entire responsibility for the decision to design, develop, deploy and use AI-systems must rest on human operators and the human-in- the-loop principle must also be applied to the command and control of AI-enabled systems; stresses that AI- enabled systems must allow the military leadership to assume its full responsibility and exercise the necessary level of judgment for taking lethal or large-scale destructive action be means of such systems, such decisions must be made by human operators;
Amendment 31 #
2020/2002(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the European agenda on security 2015-2020,
Amendment 38 #
2020/2002(INI)
Motion for a resolution
Recital A
Recital A
A. whereas security is a precondition for development; whereas without development and poverty eradication, there will be no sustainable peace because there is no peace without security; whereas in order to ensure its security and development, each country must have or acquire adequate capacities in all essential sectors, including security and defence and whereas this will not only stabilise that country, but will also enable it to contribute constructively to peace, stability and crisis prevention in its region; whereas the stability of these regions also have an impact on the security of Europe;
Amendment 87 #
2020/2002(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas counter-terrorism is a high priority in the European agenda on security 2015-2020;
Amendment 102 #
2020/2002(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas regional cooperation and good neighbourly relations between the countries of the Sahelregion, West Africa and the Horn of Africa are indispensable in order to maintain and strengthen the stability in these regions;
Amendment 154 #
2020/2002(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the Commissioner for Neighbourhood and Enlargement proposed to re-allocate, accelerate and prioritise €3.25 billion from existing programmes to respond to the coronavirus related needs in Africa, including €2.06billion for sub-Saharan Africa;
Amendment 167 #
2020/2002(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1 Underlines that the EU should address the root causes of migration, such as poverty, food and nutrition security, unemployment, instability and the lack of security; the focus should also be on assisting the development of stable institutions to promote sustainable societal development;
Amendment 176 #
2020/2002(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the European Union must coordinate the development and security initiatives in which it is involved as part of an integrated strategy; the strategy on EU aid and foreign policy must also take into account the migration policy;
Amendment 372 #
2020/2002(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the EU to pay particular attention to the spread of jihadism in areas such as the Indian Ocean and West Africa and to lend cooperation and establish aid programmes when required, as fighting terrorism is a top priority for the EU;
Amendment 392 #
2020/2002(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that the European Union should ensure that development plans are multi-sectoral and provide a global solution to the challenges of the region concerned; is of the opinion that these plans must be adopted by the administration in agreement with the local beneficiary communities and implemented with the participation of humanitarian organisations to ensure effective coordination; the EU should also regard the development of infrastructure as crucial in these regions;
Amendment 446 #
2020/2002(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Expresses its deep concern that the current security crisis in Africa could lead to a massive displacement of the population, undermining North African states and affecting Europe; the EU should do its utmost to avoid such a scenario;
Amendment 71 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – point iii – paragraph 1
Paragraph 4 – point iii – paragraph 1
Amendment 111 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to propose that future multiannual frameworks of FRA refer to the protection and promotion of minorities, including national and linguistic minorities, in line with article 21 of the Charter of Fundamental Rights;
Amendment 62 #
2019/2210(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas regional cooperation and good neighbourly relations are indispensable for the Western Balkans countries’ progress towards EU accession;
Amendment 66 #
2019/2210(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the merit-based prospect of full EU membership for the Western Balkans is in the Union's very own political, security and economic interest.
Amendment 75 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) to enhance the accession process by ensuring that it strengthens fundamental values and brings sustainable democratic and economic transformation and social convergence, and by making sure that the discussion on the future of Europe internal reform of the EU and its enlargement run in parallel;
Amendment 80 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) to maintain enlargement as this is necessary for the EU’s credibility, for the EU’ success and for the EU’s influence in the region and beyond;
Amendment 125 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) to facilitate closer association of members of parliament from countries in negotiations in the work of the European Parliament and to take note of the work that is carried out in interparliamentary delegations;
Amendment 144 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point j
Paragraph 1 – point j
Amendment 169 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) to recognise the negative effects of the European Council’s failure to open accession negotiations with Albania and North Macedonia in 2019 sending a negative message to candidate countries thus damaging the EU’s credibility, and to acknowledge that opening accession talks would restore credibility to the accession process, as recommended by the European Parliament;
Amendment 173 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point m a (new)
Paragraph 1 – point m a (new)
(ma) to consider that initiating accession negotiations with Albania and North Macedonia is in the Union's very own political, security and economic interest;
Amendment 183 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point n a (new)
Paragraph 1 – point n a (new)
(na) to increase the dynamism of the negotiations in order to accelerate the accession of Montenegro and Serbia;
Amendment 211 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) to increase the involvement of rule of law experts from the Member States on the ground and to improve and monitor the measuring of progress in this areaall areas related to the accession process;
Amendment 274 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point z
Paragraph 1 – point z
(z) to promote and actively support the implementation of anti-discrimination policies and to insist on the prosecution of hate crimes; to encourage swifter progress towards gender equality, and in tackling discrimination and ensuring social inclusion of ethnic, national and religious minorities, people with disabilities, Roma and LGBTQI+ people by establishing inclusive policies to protect the fundamental rights of citizens;
Amendment 284 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a b
Paragraph 1 – point a b
(ab) to put in place a strategic economic and investment plan with a view to improving competitiveness, the legal and business environment, and the situation of SMEs and sustainable development in the accession countries;
Amendment 297 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a d
Paragraph 1 – point a d
(ad) to tackle the brain drain with concrete measures such as promoting quality and inclusive educational reforms and the creation of long-term and sustainable job opportunities for young people;
Amendment 307 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a e
Paragraph 1 – point a e
(ae) to intensify assistance to the Western Balkan countries with a view to improving their environmental, energy efficiency and climate laws and ensuring that they have the capacity to implement them in line with EU standards;
Amendment 315 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a g
Paragraph 1 – point a g
(ag) to include the accession countries in the European Green Deal and Just Transition Fund processessupports initiatives aiming to reach the goal of low- emissions, resource-efficient, climate- resilient development;
Amendment 322 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a h
Paragraph 1 – point a h
(ah) to embed the Western Balkan countries in the TEN-T and TEN-E network, providing quality and safe transport and energy services and improving infrastructure and connectivity within the region, as well as between the region and the EU, in line with the Commission's proposal for a strategic economic and investment plan for the Western Balkans;
Amendment 330 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point aj a (new)
Paragraph 1 – point aj a (new)
(aja) to encourage regional cooperation in the area of infrastructure development between the countries of the Western Balkans;
Amendment 337 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point ak a (new)
Paragraph 1 – point ak a (new)
(aka) to underline that the contribution of the Western Balkan countries to the protection of the European Union’s external border is crucial and to intensify European support to border management in the region;
Amendment 345 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a m
Paragraph 1 – point a m
(am) to ensure adequate, fair and results- oriented pre-accession financing that matches the transformation needs of the beneficiaries and helps them deliver on EU accession obligations, while avoiding a disproportionate level of assistance compared to other beneficiary countries;
Amendment 346 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a m
Paragraph 1 – point a m
(am) to ensure adequate, fair and results- oriented pre-accession financing that matches the transformation needs of the beneficiaries and helps them deliver on EU accession obligations; by also helping them improve their absorption capacity of these funds;
Amendment 350 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a n
Paragraph 1 – point a n
(an) to avoid cuts in IPA funding which could slow down EU-related reundermine the Union's capacity to fulfil its strategic objective to stabilise and transforms and undermine the Union’s strategicccession countries and prepare them for membership obligations, as well as seriously limit the ability to address multiple challenges, infcluence in the regionding reconciliation, regional integration, climate change and migration, while leaving the region even more susceptible to the third country;;
Amendment 353 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point an a (new)
Paragraph 1 – point an a (new)
(ana) to uphold the democratic accountability by ensuring the full involvement of the European Parliament in scrutiny, oversight and strategic steering of the design, programming and monitoring and evaluation of IPA III via delegated acts;
Amendment 355 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point an b (new)
Paragraph 1 – point an b (new)
(anb) to complement the IPA III regulation with a reformed and improved “strategic dialogue” whereby the European Parliament is timely informed and consulted;
Amendment 356 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a o
Paragraph 1 – point a o
(ao) to ensure that IPA III is driven by political priorities that have a direct impact on citizens’ lives and that pre-accession funding is allocated in a transparent, proportionate, and non-discriminatory manner, with performance rewards embedded in the overall allocations and stronger provisions on suspension of assistance, and in coherence with the Neighbourhood, Development and International Cooperation Instrument (NDICI);
Amendment 357 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a o
Paragraph 1 – point a o
(ao) to ensure that IPA III is driven by political priorities that have a direct impact on citizens’ lives and that pre-accession funding is allocated in a transparent, proportionate, and non-discriminatory manner, taking into consideration the commitment and progress of the beneficiary countries in implementing reforms;
Amendment 363 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a p
Paragraph 1 – point a p
(ap) to strengthen strategic communication to the region of the values of the Union and the overall visibility of EU support in the region; to increase information and visibility of the EU and its funded projects and programmes in the Western Balkan countries;
Amendment 376 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point aq a (new)
Paragraph 1 – point aq a (new)
(aqa) to intensify high level political dialogue through regular EU-Western Balkans summits;
Amendment 17 #
2019/2209(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,
Amendment 18 #
2019/2209(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- having regard to the opinion on the Law on Supporting the Functioning of the Ukrainian Language as the State Language, adopted by Venice Commission - CDL-AD(2019)032-e and the opinion on the provisions of the Law on Education of 5 September 2017, which concern the use of the State Language and Minority and other Languages in Education, adopted by the Venice Commission - CDL-AD (2017) 030-e,
Amendment 35 #
2019/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas cooperation between the EU and all EaP countries can be achieved and maintained only in so far as those core values and principles are respected and ensured during constitutional and legislative process;
Amendment 61 #
2019/2209(INI)
Motion for a resolution
Recital D
Recital D
D. whereas even more advanced forms of cooperation and integration are possible, provided that comprehensive reforms are implemented in a timely and, sustainable mannerand effective manner in accordance with international commitments and obligations, and with respect for fundamental human and minority rights;
Amendment 293 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) acknowledge that the implementation of the DCFTAs has been sufficiently successful that itdelivered numerous positive results, however there are still some outstanding issues in some EaP countries that need to be adequately addressed. Sufficient progress may gradually lead to the opening up of the EU single market in line with the implemented EU standards and requirements;
Amendment 321 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) adopt a comprehensive infrastructure-building plan (including opening up new border-crossings, and people friendly conditions) with the aim of improving connectivity between the EU and its Eastern European Partners, and among the EaP countries themselves;
Amendment 394 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point u
Paragraph 1 – point u
(u) ensure that all EU support programmes include a gender-equality dimension and target the most disadvantaged and vulnerable groups of society and young people with fewer opportunities;
Amendment 488 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point y a (new)
Paragraph 1 – point y a (new)
(ya) ensure, that the Eastern Partner Countries during the amending process of the electoral legislation creates equal possibilities for the representation of all ethnic and national minorities;;
Amendment 516 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point z a (new)
Paragraph 1 – point z a (new)
(za) support freedom of belief, opinion and expression and the right to information in the native language of all citizens, counter hate speech and discrimination based on ethnicity or language;
Amendment 520 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point z b (new)
Paragraph 1 – point z b (new)
(zb) encourage the importance of a true free media, the need for independent media and media pluralism in order to ensure the security of media workers and journalists, and ensure on not to limit the opportunities of media sources in order to have equal access of citizens of all ethnics to information as key ingredients to any democracy; condemns fake news and misinformation targeting ethnic and national minorities;
Amendment 63 #
2019/2201(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the AA/DCFTA remains of primary importance, especially in current exceptional times, and commends the progress achieved by Moldova to date; reaffirms the EU's commitment to support Moldova's European aspiration; recalls, however, that further progress must be achieved;
Amendment 95 #
2019/2201(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the European Commission to develop a mechanism tofurther monitor the concrete implementation of reforms, including clear benchmarks;
Amendment 110 #
2019/2201(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AcknowledgWelcomes the adoption by the Moldovan Parliament of numerous legislative acts in line with the country’s commitments enshrined in the AA; underlines the importance of a full implementation of these acts, including by adopting secondary legislation;
Amendment 5 #
2019/2175(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to UN Security Council Resolution 1244 of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September 2010, which acknowledged the content of the ICJ opinion and welcomed the EU’s readiness to facilitate dialogue between Serbia and KosovoBelgrade and Pristina,
Amendment 9 #
2019/2175(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post- pandemic recovery’,
Amendment 29 #
2019/2175(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Serbia has remained committed to regional cooperation and good neighbourly relations; as well as to peace, stability, reconciliation and to maintaining a climate conducive to addressing open bilateral issues from the past;
Amendment 55 #
2019/2175(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that EU membership continues to be Serbia’s strategic goal and that it is among the priorities of the newly elected government; takes note of the positive fact that all of the parliamentary parties are supportive of Serbia’s EU integration process;
Amendment 57 #
2019/2175(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of the swift implementation of the revised enlargement methodology based on thematic negotiation chapter clusters and phasing-in to individual EU policies and programmes, in order to accelerate the overall negotiation process and provide clear and tangible incentives of direct interest to citizens of Serbia;
Amendment 63 #
2019/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the momentum created by the new mandate following the 21 June 2020 elections in Serbia is an opportunity to make important progress towards Serbia’s European perspective; advocates for the opening of additional negotiating chapternotes that the European Commission assessed that an overall balance is currently ensured between progress under the Rule of Law and normalisation, on the one side, and progress in the negotiations across chapters, on the other side; advocates for the opening of all technically prepared negotiating chapters and to accelerate the overall accession negotiation process as Serbia makes the necessary commitments to reform; notes that the opening of chapters is a tool for achieving sustainable pro-European change in Serbia;
Amendment 68 #
2019/2175(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Council to take, in close cooperation with the European Commission and where appropriate with the inclusion of the Serbian partners, the necessary steps and adjustments in order to implement the provisions of the new enlargement methodology, especially the ones concerning the thematic negotiation clusters, the role of the Stabilization and Association Councils and the country specific IGCs;
Amendment 98 #
2019/2175(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Serbia and the EU Member States to pursue a more active and effective communication policy on the European perspective, aimed at both Serbian and EU citizens and continue the coordinated efforts on increasing the visibility of the EU funded projects;
Amendment 128 #
2019/2175(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the establishment of the Inter-Party Dialogue (IPD) facilitated by the European Parliament and the initial measures taken by the Serbian authorities and the parliamentary majority to improve electoral conditions; welcomes the establishment of a Working Group for improving electoral conditions; calls for further implementation of all commitments undertaken in the framework of the IPD;
Amendment 139 #
2019/2175(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the new government to focus onkeep up fundamental reforms and address structural shortcomingand structural reforms in the areas of rule of law, fundamental rights, the functioning of democratic institutions and public administration;
Amendment 150 #
2019/2175(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges Serbia to deliver convincing results, including a sustainable track record with effective investigations in areas of concern such as the judiciary, freedom of expression and the fight against corruption and organised crime; reiterates its call for justice from 2018 with regard to the unlawful demolition of private property in Belgradenotes that the new Law on prevention of corruption has started with its implementation from 1 September 2020;
Amendment 157 #
2019/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. UrgNotes the Serbian parliament to adopt constitutional reforms aimed at strengthening the indepat the Government has drafted a proposal for constitutional reforms, which have received a positive assessment from the Venice Commission, and sent it to the competent committee of the Assembly, which should adopt amendmence of the judiciaryts in accordance with the prescribed procedure;
Amendment 165 #
2019/2175(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reiterates the importance of the adoption of the Law on the financing of the Autonomous Province of Vojvodina;
Amendment 171 #
2019/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes improvements to the practices and procedures of the national assembly; notes that use of the urgent procedure for adopting laws was significantly reduced and that the plenary discussed the annual reports of independent bodies and adopted conclusions; underlines that the quality of the legislative process still needs to be improved by increasing transparency and social dialogue and ensuring that independent regulatory bodies are empowered to exercise their oversight roles effectively;
Amendment 181 #
2019/2175(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the adoption of the new action plan for media strategy and calls for its full implementatiothe fact that a Working Group will be set up to monitor the implementation of the strategy and action plan;
Amendment 189 #
2019/2175(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. RegretsTakes note of the lack of sufficient progress on media freedom, abusive language, intimidation and even hate speech; urges Serbian authorities to take immediate measures to guarantee freedom of expression and media independencecontinue taking further steps in order to maintain and improve freedom of expression and media independence; welcomes the Government's announcement that it will form a Working Group for the safety of journalists;
Amendment 212 #
2019/2175(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the legal and institutional framework for upholding human rights is broadly in place and calls for its more effective implementation, with particular regard to the most vulnerable groups in society, including national minorities, in the areas of education, use of minority languages, adequate representation in public administration and the judiciary at all levels; reiterates its call for improved coordination and inclusion of stakeholders, for the full, consistent and timely implementation and periodic revision of the Action Plan for the Realization of Rights of National Minorities;
Amendment 233 #
2019/2175(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the need forto continue protection ofng LGBTI rights; calls for more adequate responses from the authorities to hate speech and hate-motivated crimes;
Amendment 242 #
2019/2175(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Commends the strong female representation in the new parliament and government; welcomes the substantial representation of national minorities in the parliament;
Amendment 247 #
2019/2175(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes Serbia’s engagement in regional cooperation initiatives; encourages Serbia to sustain its efforts at all levels aimed at reconciliation and strengthening good neighbourly relations; welcomes the recent decisions of the Serbian Government concerning citizens of Albania to implement the Regional Agreement for Free Movement with ID Card;
Amendment 261 #
2019/2175(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the normalisation of relations between Serbia and Kosovo is a priority and a precondition for EU accession; calls for active and constructive engagement in the EU-facilitated dialogue led by the EU Special Representative seeking a comprehensive and legally binding agreement, in accordance with international law; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached; highlights the importance of creating the Community of Serbian municipalities as it represents a crucial element of the 2013 Brussels Agreement;
Amendment 266 #
2019/2175(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes Serbia's active and constructive participation in the dialogue with Pristina and the implementation of the agreed obligations under the Brussels Agreement; welcomes the fact that Serbia has not introduced countermeasures to the Pristina authorities after the introduction of 100% tariffs on goods from Serbia introduced by Pristina in November 2018;
Amendment 286 #
2019/2175(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the progress Serbia has made in the development of a functional market economy; invites Serbia to continue its efforts to boost competitiveness and long-term and inclusive growth through structural reforms; underlines the importance of developing entrepreneurial skills among youth;
Amendment 341 #
2019/2175(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Underlines that the contribution of Serbia to the protection of the European Union’s external border is of crucial importance and calls on the EU to intensify its support to border protection in the region;
Amendment 8 #
2019/2174(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the comprehensive Economic and Investment Plan for the Western Balkans adopted by the Commission, which aims to spur the long-term economic recovery of the region, support a green and digital transition, foster regional integration and convergence with the European Union,
Amendment 14 #
2019/2174(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post- pandemic recovery’,
Amendment 35 #
2019/2174(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas North Macedonia's economy was hit hard by the COVID-19 pandemic, measures to prevent the spread of the virus have slowed the economic activity, which in turn has begun to negatively impact the national budget;
Amendment 38 #
2019/2174(INI)
Motion for a resolution
Recital D c(new)
Recital D c(new)
Dc. whereas the EU has mobilised EUR 3.3 billion to address the coronavirus pandemic in the Western Balkans, including EUR 38 million in immediate support to the health sector, EUR 389 million for the social and economic recovery, EUR 750 million for macro-financial assistance, EUR 455 million for economic reactivation and EUR 1.7 billion in preferential loans from the European Investment Bank;
Amendment 41 #
2019/2174(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the EU should continue promoting investment and developing trade relations with North Macedonia as the economic development of the country is of paramount importance;
Amendment 45 #
2019/2174(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas regional cooperation between the countries of the Western Balkans are indispensable in order to maintain and strengthen the stability and improve the prosperity of the region; whereas good neighbourly relations are indispensable for North Macedonia's progress towards EU accession;
Amendment 53 #
2019/2174(INI)
Motion for a resolution
Recital D m (new)
Recital D m (new)
Dm. whereas the full EU membership for Northern Macedonia is in the Union's very own political, security and economic interest;
Amendment 100 #
2019/2174(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines the importance for the region of North Macedonia becoming the 30th member state of NATO on 27 March 2020;
Amendment 123 #
2019/2174(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses its support for the efforts to ensure inclusive policies to protect the fundamental freedoms and rights of all citizens, with special attention to women, youth, persons with disabilities, national minorities, non- majority ethnic groups, LGBTQI+ persons, and the low-skilled unemployed;
Amendment 162 #
2019/2174(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the country’s efforts in improving cooperation on managingcountering illegal migration and addressing the needs of refugees, asylum seekers and illegal migrants; recalls the need to establish a viable mechanism for managing irregular migratory flows, ensuring international protection and combating people smuggling networks;
Amendment 172 #
2019/2174(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines that the contribution of North Macedonia to the protection of the European Union’s external border is of crucial importance and calls on the EU to intensify its support to border protection in the region;
Amendment 211 #
2019/2174(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Takes note of the fact that strengthening the competitiveness of Northern Macedonia's SMEs is of great importance having in mind the future integration aspirations of North Macedonia.
Amendment 19 #
2019/2171(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Council conclusions on enhancing cooperation with Western Balkans partners in the field of migration and security of 5 June 2020,
Amendment 279 #
2019/2171(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the increased migratory pressure on the country; calls for effective inter-institutional coordination of migration and border management in the face of a mounting humanitarian crisis; calls for equistable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need toishing of reception capacities away from the EU external border, preferably at the entry points of migrants to the country; underlines the need for the European Commission, EU agencies and international organisations to provide assistance to BiH in ensureing appropriate reception conditions and to boosin boosting the relevant capacityies for processing incoming migrants and asylum- seeker claims and , where applicable, conducting return procedures; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational assistance;
Amendment 302 #
2019/2171(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges BiH to step up its efforts against cross-border crime, especially human trafficking, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that would facilitate better protection of borders in full respect for fundamental rights, while helping fight cross-border crimecooperation with neighbouring countries and relevant EU agencies (Europol, Eurojust, Frontex) against cross-border crime, especially human trafficking¸ migrant smuggling networks, firearms and drug trafficking;
Amendment 305 #
2019/2171(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges BiH to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that would facilitate better protection of its external borders and improve its overall migration management capacities;
Amendment 3 #
2019/2170(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post- pandemic recovery’,
Amendment 5 #
2019/2170(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Commission communication of 6 October 2020 entitled ‘An Economic and Investment Plan for the Western Balkans’ (COM(2020)0641),
Amendment 26 #
2019/2170(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the EU membership for Albania is in the Union's very own political, security and economic interest;
Amendment 35 #
2019/2170(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Albania's economy was hit hard by the COVID-19 pandemic, measures to prevent the spread of the virus have slowed the economic activity, which in turn has begun to negatively impact the national budget;
Amendment 38 #
2019/2170(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the EU has mobilised EUR 3.3 billion to address the coronavirus pandemic in the Western Balkans, including EUR 38 million in immediate support to the health sector, EUR 389 million for the social and economic recovery, EUR 750 million for macro-financial assistance, EUR 455 million for economic reactivation and EUR 1.7 billion in preferential loans from the European Investment Bank;
Amendment 179 #
2019/2170(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Underlines that the contribution of Albania to the protection of the European Union’s external border is of crucial importance and calls on the EU to intensify its support to border protection in the region;
Amendment 214 #
2019/2170(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Stresses the importance of tackling brain drain with concrete measures such as promoting quality and inclusive educational reforms and the creation of long-term and sustainable job opportunities for young people;
Amendment 122 #
2019/2167(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 173 #
2019/2136(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the European Union can only deliver its full potential when speaking with one voice and when decision-making is shifted step by step from the national to the supranational level, taking full advantage of the possibilities offered by the EU institutions and their procedures; stresses that the European Union should use all available means to achieve this goal, including those offered by parliamentary diplomacy;
Amendment 294 #
2019/2136(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that qualified majority voting (QMV) could make the EU’s fRecalls the importance of the Common Foreign and sSecurity pPolicy more’s effective and would speed up the decision-making process; calls on the Council to make regular use of QMV in the cases envisaged in Article 31(2) of the TEU and calls on the European Council to take up this initiative by making use of the ‘passerelle clause’ contained in Article 31(3) of the TEU; encourages the Council to consider extending QMV to other areas of the CFSPness, coherence, consistency and unity; in this regard, it notes the inputs provided by the European Commission at the State of the Union speech 2018 of President Juncker and the relevant Treaty provisions; it encourages the Council to continue further considerations about practical ideas to enhance CFSP effectiveness;
Amendment 20 #
2019/2135(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the lasting deterioration in the Union’s strategic environment in the face of multiple challenges directly or indirectly affecting the security of its Member States and citizens: armed conflicts immediately to the east and south of the European continent, jihadist terrorism, return of foreign fighters, cyber attacks, uncontrolled migration, increasing threats to natural resources, climate change, etc.;
Amendment 452 #
2019/2135(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57a. Welcomes the recently intensified political dialogue in, both formal and informal, settings between the EU and NATO, which remains an essential tool for strengthening mutual trust, building confidence and parliamentary awareness and understanding of the key issues affecting the security of the Euro-Atlantic area vis-à-vis the NATO allies and the EU Member States;
Amendment 3 #
2019/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to continuously improve the mechanisms designed to ensure that rule-making is in full compliance with the Treaties, notably the principles of conferral, subsidiarity and proportionality, as set out in Article 5 of the Treaty on European Union (TEU), and with the principle of sincere cooperation as set out in Article 13 of the Treaty on the European Union (TEU);
Amendment 7 #
2019/2132(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the norms of the European Union need to be formulated in a clear, understandable way, respecting the principle of legal clarity, transparency and the principle of legal certainty, stresses that European Union law needs to clearly define the rights and obligations that the addressees of the norms, especially the European Union institutions and the Member States need to follow;
Amendment 13 #
2019/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the crucial role of national parliaments in the pre-legislative scrutiny of draft EU laws and in their correct implementation by the Member States; notes that the existing forms of cooperation with national parliaments - like inter-parliamentary delegations, or procedures involving national parliaments in information-exchange regarding law- making and application - could be improved, calls for discussing possibilities for enhancing cooperation in the field of the application of the principles of subsidiarity and in defining the role of the principle of proportionality during decision-making and the application of norms during the Conference on the Future of Europe;
Amendment 17 #
2019/2132(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the importance of avoiding unnecessary complexity and reducing administrative burdens for citizens and businesses alike, calls for the need to provide all necessary help to avoid over- regulation when transposing and applying European Union law;
Amendment 18 #
2019/2132(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recognizes that after the number of infringement procedures decreased between 2016-2018 the number of procedures increased again from 2018 to 2019, emphasizes the importance of proper dialogues between the European Commission and Member States at the pre-litigation stage; underlines that Member States need to be able to properly transpose European Union law into their own legal system, calls for appropriate timing in legislative procedures to provide sufficient time needed for transposition;
Amendment 19 #
2019/2132(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Stresses that the proper application of European Union law and the fulfilment of the obligations arising therefrom are the joint responsibility of the Member States and the institutions and bodies of the European Union, with regard to obligations stemming from the Treaties and the Charter of Fundamental Rights of the European Union;
Amendment 21 #
2019/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for improvements to the EU law-making process, which relies on transparency and accountability in legislative drafting, together with civil society participation, where appropriate; echoes that the effectiveness of the EU’s legal acts –which hinges on the correctness and timeliness of their implementation – forms the cornerstone of legal certainty and better application;
Amendment 23 #
2019/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that proper transposition and implementation of EUuropean Union law, on the basis of Article 197 of the Treaty on the Functioning of the European Union (TFEU), is of the utmost importance; calls for appropriate ex post impact assessment of EU law, including sustainability impact assessments; and for appropriate ex ante assessment beforehand during legislative procedures, in line with the pledge of the European Parliament and the Council to carry out impact assessments in relation to their substantial amendments to the Commission's proposal when they consider this to be appropriate and necessary for the legislative process;
Amendment 32 #
2019/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to enhance public debate on its annual report on the monitoring of the application of EU law and to further support Member States in transposing and implementing EU legislation through institutional and administrative capacity-building initiatives; suggests to examine the role of non legally binding guidance documents that aim to assist the Member States in the implementation process;
Amendment 41 #
2019/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the need to fully safeguard the role of the Court of Justice of the European Union (CJEU) to ensure the uniform interpretation and application of EU law in the context of Brexit andimplementation of the Withdrawal Agreement and with regards to the future relationship with the UK.
Amendment 2 #
2019/2125(INI)
Motion for a resolution
Citation 3a (new)
Citation 3a (new)
– having regard to the EU Charter of Fundamental Rights which forbids making the human body and its parts as such a source of financial gain,
Amendment 16 #
2019/2125(INI)
Motion for a resolution
Citation 11
Citation 11
– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (hereinafter ‘the Istanbul Convention’) of 11 May 2011, but also bearing in mind that not all Member States ratified the text,
Amendment 18 #
2019/2125(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,
Amendment 19 #
2019/2125(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the Council of Europe Convention on Human Rights and Biomedicine, known as the Oviedo Convention and entered into force on 1 December 1999, which prohibits the use of human body for financial gain,
Amendment 23 #
2019/2125(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the UN Declaration on the Rights of Indigenous Peoples,
Amendment 32 #
2019/2125(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the UN General Assembly's decision of 28 May 2019, designating 22 August as UN International Day Commemorating the Victims of Acts of Violence Based on Religion or Belief,
Amendment 36 #
2019/2125(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the Global Compact for Safe, Orderly and Regular Migration adopted by the majority of the UN General Assembly on 10 and 11 December 2018, but also bearing in mind that not all Member States accepted the text in the General Assembly,
Amendment 39 #
2019/2125(INI)
Motion for a resolution
Citation 16
Citation 16
– having regard to the Global Compact on Refugees, affirmed by the majority of the UN General Assembly on 17 December 2018, but also bearing in mind that not all Member States accepted the text in the General Assembly,
Amendment 43 #
2019/2125(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the EU Annual Report on Human Rights and Democracy in the World 2015, condemning all forms of gestational surrogacy,
Amendment 102 #
2019/2125(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Maintains that all states that adhere to internationally recognized fundamental freedoms as cornerstones of democracy must be at the forefront of spreading good governance practices based on human rights and the rule of law around the world, and of strengthening legal international instruments for protecting human rights; underlines the challenges posed by the use of harmful influences that undermine democratic governance and the values intrinsic to human rights, and thus thwart the positive endeavours of democratic states;
Amendment 135 #
2019/2125(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of advancing gender equality and women’s rights worldwide; emphasises that, in spite of progress, women and girls continue to suffer discrimination and violence, violence and reproductive exploitation; stresses that many societies still struggle to provide women and girls with equal rights under the law and equal access to education, healthcare, decent work and political and economic representation;
Amendment 157 #
2019/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to instances of persecution and discrimination based on ethnicity, nationality, class, caste, religion, belief, language, sexual orientationgender and age, which remain rife in many countries and societies; is seriously concerned at the increasingly intolerant and hate-filled responses targeting people who are the victims of these human rights violations;
Amendment 171 #
2019/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; recalls that media should reflect the plurality, diversity and non- discrimination; the State regulation of broadcast media should not restrict minority rights of persons belonging to national minorities who should have access to broadcast in their own language; condemns media propaganda and misinformation against ethnic and national minorities; urges that the best possible safeguards against disinformation campaigns and hostile propaganda be put in place by developing a legal framework both at EU and international level for tackling hybrid threats, including cyber and information warfare;
Amendment 219 #
2019/2125(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly supports the work and efforts of the EU Special Representative for Human Rights (EUSR) in protecting and promoting human rights in the world; underlines the important objective within the mandate of the EUSR to enhance the Union’s effectiveness in this area; calls for the renewal and reinforcement of the mandate and position of the Special Envoy on the promotion of FoRB outside the EU;
Amendment 233 #
2019/2125(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Commits itself to promote greater transparency of democratic processes, particularly of the financing of political and issue-based campaigning by different non-state actors2a; __________________ 2aCouncils Conclusions on Democracy adopted by the Council at its 3720th meeting held on 14 October 2019
Amendment 236 #
2019/2125(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the link between the increase in human rights violations and widespread impunity and the lack of accountability in regions and countries devastated by conflicts or marked by politically motivated intimidation, discrimination, harassment and assault, abduction, violent policing, arbitrary arrests and cases of torture, in particular, against members of ethnic, racial, religious, political, or cultural minorities;
Amendment 261 #
2019/2125(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the initialTakes note of the initial exploratory discussions within the Council regarding the establishment of an possible global EU human rights sanctions mechanism, the so-called ‘Magnitsky List’, allowing for targeted sanctions against individuals complicit in serious human rights violations, while noting that no political decision has been made on this issue;
Amendment 304 #
2019/2125(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Strongly supports the EU’s strategic engagement for gender equality and its ongoing efforts to improve the human rights situation of women and girls, in line with the 2030 SDGs; calls on the Commission and the EEAS to further contribute to gender equality and girls’ and women’s empowerment by working closely with international organisations and non-EU countries, in order to develop and implement new legal frameworks regarding gender equality, and to eradicate harmful practices targeted at women and girls, such as child marriage and female genital mutilation, as well as forced religious conversion that usually entails abduction, rape and stigmatization;
Amendment 334 #
2019/2125(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for new EU initiatives to prevent and combat child abuse in the world, to rehabilitate conflict-affected children and to provide them with a sheltered environment in which care and education are fundamental; calls for the EU to initiate an international movement to advocate the rights of the child, and reinforcing the family as the natural context of children’s lives, inter alia by organising an international conference on the protection of children in fragile environments;
Amendment 361 #
2019/2125(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the ratifications of the UN Convention on the Rights of Persons with Disabilities; reiterates the importance of efficient implementation by both the EU Member States and the EU institutions; stresses, in particular, the importance of non- discrimination and the need to credibly mainstream the principle of universal accessibility and to ensure all the rights of persons with disabilities throughout all relevant EU policies;
Amendment 366 #
2019/2125(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 379 #
2019/2125(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission, the EEAS and the Member States to step up advocacy in relation to FoRB, and to launchto fully implement the EU Guidelines on Freedom of Religion or Belief, and to promote interreligious dialogue with states and representatives of civil society and, churches, religious communities and associations and other faith groups in order to prevent acts of violence, persecution, intolerance and discrimination against persons on the grounds of thought, conscience, religion or belief; calls for the EU to continue to forge alliances and to enhance cooperation with a broad range of countries and regional organisations, in order to deliver positive changenarratives in relation to FoRB; reminds the Council and Commission of the need to adequately support the institutional mandate, capacity and duties of the Special Envoy for the promotion of FoRB outside the EU; calls the Commission, the EEAS and the Member States to promote and protect the fundamental right to conscientious objection, as an expression of Freedom of Religion or Belief;
Amendment 397 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes with concern that Christians represent the largest persecuted religious minority in the world; calls on the Commission to aid persecuted Christian communities in need around the world;
Amendment 418 #
2019/2125(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reaffirms that the activities of all companies, whether operating domestically or across borders, must be in full compliance with international human rights standards; stresses the need to establish an instrument to regulate, in international human rights law, the activities of transnational corporations and other companies; reminds all countries to implement the UN Guiding Principles on Business and Human Rights (UNGPs), and calls on those EU Member States that have not yet adopted National Action Plans on Business Rights to do so as early as possible; calls on the private sector, in particular financial, insurance and transport companies, to provide their services to humanitarian actors carrying out relief activities, including territories under EU sanctions, in full compliance with the humanitarian exemptions and exemptions foreseen in EU legislation;
Amendment 459 #
2019/2125(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the urgent need to tackle the root causes of migration flows such as wars, conflicts, persecution, networks of illegal migration, trafficking, smuggling and climate change; calls for the external dimension of the refugee crisis to be addressed, including by finding sustainable solutions to conflicts through building cooperation and partnerships with the third countries concerned; insists that the implementation of the Global Compacts on migration and refugees must this context, recognises the refore go hand in hand withlevance of the implementation of the UN’s 2030 Agenda as set out in the Strategic Development Goals, as well asgoing hand in hand with increased investment in developing countries;
Amendment 474 #
2019/2125(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that the EU should continue to actively support democratic and effective human rights institutions and civil society in their efforts to promote democratisation in a context-sensitive manner, while takes into account the cultural and national background of the third countries concerned in order to strengthen dialogue and partnership; positively notes, in this context, the European Endowment for Democracy’s consistent engagement in the eastern and southern neighbourhoods of the EU to promote democracy and respect for fundamental rights and freedoms; recalls that the experience gained and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies could make a positive contribution to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide;
Amendment 485 #
2019/2125(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Reiterates its positive view of the EU’s continued support for electoral processes and its provision of electoral assistance and support to domestic observers; welcomes and fully supports, in this context, the work of the European Parliament’s Democracy Support and Election Coordination Group; recalls the importance of proper follow-up to the reports and recommendations of the election observation missions as a way of enhancing their impact and strengthening the EU’s support for democratic standards in the countries concerned; urges to follow-up the cases of atrocities against ethnic and national minorities representatives during the electoral process, encourage governments to guarantee quota places for minority representation, thereby ensuring democratic elections in the countries;
Amendment 179 #
2018/2098(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reaffirms that freedom of thought, conscience, religion and belief, and the rights to apostasy and to espouse atheistic views, must be enhanced unconditionally through interreligious and intercultural dialogue; condemns the persecution of and attacks against ethnic and religious groups in 2017 with special regard to the persecution of Christians in the Middle East; deplores the attempts by state actors to limit freedom of religion and belief and freedom of expression by adopting and implementing blasphemy laws, among other means; requests that further action be taken to protect religious minorities, non- believers and atheists, including the victims of blasphemy laws, and calls for the EU and its Member States to increase their engagement in political discussions to repeal such laws; supports the EU’s efforts to implement the Guidelines on the promotion and protection of freedom of religion or belief;
Amendment 291 #
2018/2098(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the EU and its Member States to establish full transparency as regards the funds allocated to third countries for cooperation on migration and to ensure that such cooperation should not benefit, either directly or indirectly, security, police and justice systems involved in human rights violations; warns against the instrumentalisation of EU foreign policy as ‘migration management’ and emphasises that all attempts to work with third countries on migration must aim to address the root causes of migration and go hand in hand with improving human rights conditions within these countries; calls on the Commission to continue to treat the protection and promotion of the rights of migrants and refugees as a priority in its policies; insists on the need to develop and better implement protection frameworks for migrants; calls for the European Parliament to have oversight of migration agreementrefugees;
Amendment 337 #
2018/2098(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly condemns all forms of discrimination, including that carried out on the grounds of race, gender, sexual orientation, disability or any other status; is alarmed by the many manifestations of racism, xenophobia and other forms of intolerance and a lack of political representation for the most vulnerable groups, such as ethnic, linguistic and religious minorities, people with disabilities, the LGBTI community, women and children; calls for the EU to enhance its efforts to eradicate, without distinction, all forms of discrimination and to promote awareness, a culture of tolerance and inclusion, and special protection for the most vulnerable groups by means of human rights and political dialogues, the work of EU delegations and public diplomacy; welcomes in this regard that the United Nations General Assembly (UNGA) Resolution on “Rights of Indigenous Peoples” (Ref.: A/RES/71/178, Para 13, adopted in December 2016) proclaimed 2019 as the International Year of Indigenous Languages and invites all states, including the EU and its Member States, to contribute to the implementation and realization of this; calls on all countries to ensure that their respective institutions provide effective legal protection within their jurisdictions;
Amendment 134 #
2018/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses that there is a need for a legislative proposal on minimum standards of protection of minorities in the EU, for improving the situation of minorities in all the Member States and to avoid double standards, while respecting the principle of subsidiarity and proportionality, and after carrying out a proper impact assessment; calls on the Commission and the Member States to ensure that their legal systems guarantee that persons belonging to a minority are not discriminated against, and to take and implement targeted protection measures based on relevant international standards; welcomes in this regard the successful campaign of the European Citizens’ Initiative entitled ‘Minority Safepack’ that calls for a European framework for the protection of autochthonous, historical minorities, nationalities and language groups;
Amendment 16 #
2017/2283(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Ukraine deserves particular praiseacknowledgement for reforms in the areas of energy, health, pensions, education and decentralisation;
Amendment 56 #
2017/2283(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that the effectiveness of reform implementation is directly linked to the preliminary stages of policymaking and legislation; notes, however, that the policymaking cycle is lacking the essential instrument of public consultation and research-informed decision-making; stresses the need to avoid any influence of election campaign on reforms;
Amendment 87 #
2017/2283(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the government has committed to further amending the constitution in line with the recommendations of the Venice Commission; urges the speedy adoption of the new electoral code and the law on party financingduring the amending process of legislation take care of respecting the existing minority rights (for example in formulating the draft text of ethno-national policy of Ukraine) and take fully into account the non- discrimination act adopted by Ukraine; urges the speedy adoption of the law on party financing and the new electoral code which has to secure equal possibilities for representation and running for a mandate of candidates of all nationalities living in Ukraine by recreation of constituencies that enable the candidates of national minorities to gain mandate;
Amendment 114 #
2017/2283(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines the need for independent media and media pluralism to ensure the security of media workers and journalists, and calls on not to limit the opportunities of minority language media sources in order to have equal access of citizens of all ethnics to information;
Amendment 118 #
2017/2283(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. WelcomUrges Ukraine’s intention to amend the law on education in line with the recommendations of the Venice Commission to amend the law on education to ensure the respect for rights already exercised of persons belonging to national minorities as enshrined in UN and Council of Europe Conventions and related protocols, non-discrimination of persons belonging to minorities and respect for diversity, in line with the recommendations of the Venice Commission, which has to be fully implemented on the basis of a substantive dialogue with the representatives of persons belonging to national minorities, including legislation to extend the transition period until 2023 and which regulates exemption for private schools;
Amendment 132 #
2017/2283(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes Ukraine’s economic stabilisation and the progress achieved in implementing the DCFTA; encourages the Commission to support Ukraine in identifying areas that could further foster economic diversification and in prioritising them in the process of implementing the DCFTA; and calls on Ukraine not to take legislation incompatible with DCFTA;
Amendment 149 #
2017/2283(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Praises Ukraine for good cooperation in the energy sector, not least the progress it has made in energy efficiency; points out the need for continued reforms, in particular to complete reform of the gas and electricity market, and to end existing monopolies, which will bring long-term economic benefits to industry and consumers, moreover encourages the Commission to ensure that all of the pipeline projects comply with EU regulation and all projects are examined on the basis of the same conditions;
Amendment 162 #
2017/2283(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the immense effortsteps undertaken to modernise Ukraine’s army, while encouraging, nonetheless, reform of the defence industry;
Amendment 3 #
2017/2206(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
Amendment 40 #
2017/2206(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas indigenous languages around the world continue disappearing at an alarming rate, although languages are basic component of human rights and fundamental freedoms and are essential to the realization of sustainable development; furthermore, intergenerational transmission of indigenous knowledge is vital to addressing global environmental challenges;
Amendment 103 #
2017/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Invites all states, including the EU and its Member States, to contribute to the implementation and realization of the 2019 as the International Year of Indigenous Languages proclaimed by the United Nations General Assembly(UNGA) Resolution on “Rights of Indigenous Peoples” (Ref.: A/RES/71/178, Para 13, adopted in December 2016);
Amendment 179 #
2017/2206(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on all states to commit themselves to ensuring that indigenous peoples have genuine access to health and education, to promoting intercultural public policies, to incorporating indigenous languages and cultures into their school programs in order to preserve, revitalize and promote indigenous languages and to developing initiatives to raise awareness among civil society of the rights of indigenous peoples and the importance of respecting their beliefs and values in order to tackle prejudice and misinformation;
Amendment 8 #
2017/2131(INL)
Motion for a resolution
Citation 6
Citation 6
Amendment 17 #
2017/2131(INL)
Motion for a resolution
Recital C
Recital C
Amendment 18 #
2017/2131(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to Article 5 (2) TEU, under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States. Article 2 TEU does not confer any material competence upon the union, hence Article 7 TEU only applies to cases when Member States act within the limits of competences conferred on the Union in the treaties. ;
Amendment 19 #
2017/2131(INL)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas respect of the content of Article 2 TEU by Member States cannot be, under the Treaties, the subject-matter of an action by the institutions of the Union without the existence of a specific material competence;
Amendment 21 #
2017/2131(INL)
Motion for a resolution
Recital D
Recital D
D. whereas despite repeated calls from Parliament on the Hungarian authorities to take the necessary measures to ensure that Union values are fully respected in Hungary, the situation has not been addressed and mHungary has always been ready for dialogue at all levels to discuss the legality of any specific measure and respond to any concerns remain;
Amendment 25 #
2017/2131(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the facts and trends mentioned in the Annex to this resolution taken together representare specific policy issues, the majority of which have either already been satisfactorily concluded or are currently being discussed in the course of regular dialogues between Hungarian authorities and relevant EU or international bodies. These specific individual concerns are unrelated to the fulfilment of fundamental European values and the principles of rule of law and thus fall short of representing a systemic threat to democracy, the rule of law and fundamental rights in Hungary and by no means constitute a clear risk of a serious breach of the values of Article 2 TEU;
Amendment 31 #
2017/2131(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Submits, therefore, in accordance with Article 7(1) TEU, this reasoned proposal to the Council, inviting the Council to determine that there is ano clear risk of a serious breach by Hungary of the values referred to in Article 2 TEU and to address appropriate recommendations to Hungary in this regard;
Amendment 35 #
2017/2131(INL)
Motion for a resolution
Annex I – point 3
Annex I – point 3
Amendment 38 #
2017/2131(INL)
Motion for a resolution
Annex I – point 5
Annex I – point 5
(5) A wide range of actors at the national, European and international level, have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary, including the institutions and bodies of the Union, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE), the United Nations (UN), as well as numerous civil society organisations, but these are to be considered legally non-binding opinions, since only the Court of Justice of the European Union may interpret the provisions of the Treaties.
Amendment 40 #
2017/2131(INL)
Motion for a resolution
Annex I – point 6
Annex I – point 6
Amendment 42 #
2017/2131(INL)
Motion for a resolution
Annex I – point 6
Annex I – point 6
(6) Since its adoption and entry into force in January 2012, the Constitution of Hungary (the “Fundamental Law”) has been amended six times, predominantly following the suggestions of the Venice Commission and the European Commission.. The Venice Commission expressed its concerns regarding the constitution-making process in Hungary on several occasions, both as regards the Fundamental Law and amendments thereto. The Venice Commission welcomed in its opinion that the Fundamental Law establishes a constitutional order based on democracy, the rule of law and the protection of fundamental rights as underlying principles, as well as acknowledged the efforts to establish a constitutional order in line with the common European democratic values and standards, and to regulate fundamental rights and freedoms in compliance with binding international instruments, including the European Convention on Human Rights and the EU Charter of Fundamental Rights. The criticism focused on the lack of transparency of the process, the inadequate involvement of civil society, the absence of sincere consultation, the endangerment of the separation of powers and the weakening of the national system of checks and balances, despite the fact that an ad hoc parliamentary committee of 45 members, representing all parliamentary parties was established for the necessary political debate concerning the Fundamental Law, and a national consultative body was also set up in January 2011, followed by a large scale public survey on the draft based on a questionnaire of 12 questions. Furthermore, several public debates were organized on the values and aims of the Fundamental Law, with the involvement of universities, churches and the civil society, as a result of which almost a million citizens expressed their opinion on the draft constitution.
Amendment 44 #
2017/2131(INL)
Motion for a resolution
Annex I – point 7
Annex I – point 7
Amendment 45 #
2017/2131(INL)
Motion for a resolution
Annex I – point 7
Annex I – point 7
(7) The competences of the Hungarian Constitutional Court were prestricterved and broadened as a result of the constitutional reform, including with regard to budgetary matters, the abolition of the actio popularis, the possibility for the Court to refer to its case law prior to 1 January 2012especially in terms of the scope of the right to initiate ex ante legality review of legislative drafts and by reinforcing its competence and gaining practical competences for ex post legality review. The abolition of the actio popularis was explicitly requested by the Constitutional Court of Hungary itself and the limitation on the Court’s abils regarding the review of constitutional amendments is also in line wityh to reviewhe position of the cConstitutional Court which explicitly of any changes to the Fuconfirmed in its case-law that the Court had no competence to review the substance of such amendamental Law apart from those of a procedural nature only. The Venice Commission expressed sers, as it is itself subordinate to the constitution and cannot review the constitution. In its Opinions the Venice Commission also identified a number of positive elements of the reforms, such as provisiouns concerns about those lim budgetary guarantees, the fact that the Hungarian authorities have taken up the Commission’s suggestion to rule out the re-election of Constitautions and about the procedureal Court Judges; it appreciated that the Act provides for a time limit for the appointment of new judges, and made in order to ensure commendations to the Hungntinuity, functional immunity of the judges, as well as that there is a provision on the extension of the mandate of the incumbent member in case the Parlian authorities to ensure the necessary checks and balances in its Opinion on Act CLI of 2011 on the Constitutional Court of Hungary adopted on 19 June 2012 and in its Opinion on the Fourth Amendment to the Fundamental Law of Hungary adopted on 17 June 2013. ment fails to elect a new member to the Constitutional Court within the time- limit. Rules on the ex post review of legal acts were warmly welcomed by the Venice Commission. Provisions on access to the Constitutional Court out of time in exceptional circumstances were also considered as positive elements. Although no statutory changes were made following the opinion of the Venice Commission on the possibility for the Constitutional Court to refer back to its case law, the Hungarian Constitutional Court, in a decision taken in 2013, stated that it was possible to refer back to the substance of its case law created under the former constitution and has indeed done so in a number of its recent decisions.
Amendment 47 #
2017/2131(INL)
Motion for a resolution
Annex I – point 8
Annex I – point 8
Amendment 48 #
2017/2131(INL)
Motion for a resolution
Annex I – point 8
Annex I – point 8
(8) In the concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that the current constitutional complaint procedure affords more limited access to the Constitutional Court, does not provide for a time limit for the exercise of constitutional review and does not have a suspensive effect on challenged legislation. It also mentioned that the provisions of the new Constitutional Court Act weaken the security of tenure of judges and increase the influence of the government over the composition and operationn reality however, following the abolishment of the actio popularis in line with the explicit request of Constitutional Court of Hungary, the introduction of a truly effective constitutional complaint has considerably increased the competences of the Constitutional Court by, since it changing the judicial appointments procedure, the number of judges in the Court and their retirement age. The Committee was also concerned about the limitation of the Constitutional Court’s competence and powers to review legislation impinging on budgetary matters exercise constitutional control over the whole of the judiciary and is able to annul any court judgment in the case of its unconstitutionality.
Amendment 49 #
2017/2131(INL)
Motion for a resolution
Annex I – point 9
Annex I – point 9
Amendment 50 #
2017/2131(INL)
Motion for a resolution
Annex I – point 9
Annex I – point 9
(9) In its statement adopted on 9 April 2018, the limited election observation mission of the OSCE Office for Democratic Institutions and Human Rights concludstated that the 2018 parliamentary elections were characterised by a pervasive overlap between state and ruling party resources, undermining the ability of candidates to compete on an equal basis. Voters had a wide range of political options but intimidating and xenophobic rhetoric, media bias and opaque campaign financing constricted the space for genuine political debate, hindering the ability of voters to make a fully informed choice. It also expressed concerns about the delineation of single-member constituencies. Similar concerns were expressed in the Joint Opinion of 18 June 2012 on the Act on the Elections of Members of Parliament of Hungary adopted by the Venice Commission and the Council for Democratic EHowever, on the other hand, the preliminary findings and conclusions of the OSCE also noted within the context of the 2018 Hungarian parliamentary elections that fundamental rights and freedoms were respected overall, the campaign was animated, media coverage was extensive, voters had a wide range of political options, the public broadcaster fulfilled its mandate to provide free airtime to contestants, online media provided a platform for pluralistic, issue-oriented political debate. The OSCE also added that the electoral legal framework formed an adequate basis for democratic elections, the right to seek an effective remedy for electoral violations was inclusive and generally respected, and the election administration fulfilled its mandate in a professional and transparent manner and enjoyed overall confidence among stakeholders. It also expressed concerns about the delineation of single-member constituencies. The Joint Opinion of 18 June 2012 on the Act on the Elections of Members of Parliament of Hungary adopted by the Venice Commission and the Council for Democratic Elections identified the delineation of single-member constituencies as positive change, in line with international standards and good practice that as required by the Constitutional Court, electoral constituencies are less unequal than previously, when the differences violated the constitutional principles. It was considered as an element that might improve the administration of elections.
Amendment 54 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
Amendment 55 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultation in line with the principle of democracy, providing an opportunity for the people to voice their opinions on certain priority issues. The national consultation “Let’s stop Brussels” contained several questions regarding issues that significantly affect the life of the Hungarian people, such as migration policy, energy prices, tax- and labour policies or the transparency of civil society organizations supported from abroad. The Hungarian Government subsequently continued to have recourse to similar consultations and is so far only Member State of the EU which was ready to ask its citizens on how to cope with the migration crisis.
Amendment 62 #
2017/2131(INL)
Motion for a resolution
Annex I – point 11
Annex I – point 11
Amendment 63 #
2017/2131(INL)
Motion for a resolution
Annex I – point 11
Annex I – point 11
(11) As a result of the extensive changes to the legal framework enacted in 2011, the administration of courts became more centralised and the president of the newly created National Judicial Office (NJO) was entrusted with extensive powers. The Venice Commission criticised those extensive powers in its Opinion on Act CLXII of 2011 on the Legal Status and Remuneration of Judges and Act CLXI of 2011 on the Organisation and Administration of Courts of Hungary, adopted on 19 March 2012 and in its Opinion on the Cardinal Acts on the Judiciary, adopted on 15 October 2012. Similar concerns have been raised by the UN Special Rapporteur on the independence of judges and lawyers on 29 February 2012 and on 3 July 2013, as well as by the Group of States against Corruption (GRECO) in its report adopted on 27 March 2015, even though the Commission’s last communication on the EU Justice Scoreboard of 11th April 2017 clearly shows that the Hungarian justice system performs above or well above the EU average in terms of independence, quality and efficiency. All those actors emphasised the need to enhance the role of the collective body, the National Judicial Council (NJC), as an oversight instance, because the president of the NJO, who is elected by the Hungarian Parliament, cannot be considered an organ of judicial self-government. Following international recommendations, the status of the president of the NJO was changed and the president’s powers restricted in order to ensure a better balance between the president and the NJO, as result of which the competences of the National Judicial Council and the competences of the president of the National Judicial Office have been properly balanced for a year, so the case is closed and has no connection whatsoever to issues related to the fundamental values of the EU.
Amendment 65 #
2017/2131(INL)
Motion for a resolution
Annex I – point 12
Annex I – point 12
Amendment 66 #
2017/2131(INL)
Motion for a resolution
Annex I – point 12
Annex I – point 12
(12) Since 2012, Hungary has taken positive steps to transfer certain functions from the president of the NJO to the NJC in order to create a better balance between these two organs. However, further progress is still required. GRECO, in its report adopted on 27 March 2015, called for minimising the potential risks of discretionary decisions by the president of the NJO. The president of the NJO is, inter alia, able to transfer and assign judges, and has a role in judicial discipline. The president of the NJO also makes a recommendation to the President of Hungary to appoint and remove heads of courts, including presidents and vice- presidents of the Courts of Appeal. GRECO welcomed the recently adopted Code of Ethics for Judges, but considered that it could be made more explicit and accompanied by in-service training.
Amendment 70 #
2017/2131(INL)
Motion for a resolution
Annex I – point 13
Annex I – point 13
(13) Following the judgment of the Court of Justice of the European Union (the “Court of Justice”) of 6 November 2012 in Case C-286/12, Commission v. Hungary1, which held that by adopting a national scheme requiring the compulsory retirement of judges, prosecutors and notaries when they reach the age of 62, Hungary failed to fulfil its obligations under Union law, the Hungarian Parliament adopted Act XX of 2013 which provided that the judicial retirement age is to be gradually reduced to 65 years of age over a ten year period and set out the criteria for reinstatement or compensation. In its report of October 2015, the International Bar Association’s Human Rights InstituteThe Commission continuously monitored the implementation of the new Hungarian law on retirement and on 20th November 2013 acknowledged the measures of Hungary to make its retirement law compatible with EU law; the Commission was further stated that a majority of the removed judges did not return to their original posiisfied with the implemented remedies concerning the affected judges, prosecutors and public notaries, including the right of reinstatement without judicial procedure, and the right to compensations. __________________ 1 Judgment of the Court of Justice of 6 November 2012, Commission v. Hungary, C-286/12, ECLI:EU:C:2012:687.
Amendment 71 #
2017/2131(INL)
Motion for a resolution
Annex I – point 14
Annex I – point 14
Amendment 72 #
2017/2131(INL)
Motion for a resolution
Annex I – point 14
Annex I – point 14
(14) In its judgment of 16 July 2015, Gaszsó v. Hungary, the European Court of Human Rights (ECtHR) held that there had been a violation of the right to a fair trial and the right to an effective remedy. The ECtHR came to the conclusion that the violations originated in a practice which consisted in Hungary’s recurrent failure to ensure that proceedings determining civil rights and obligations are completed within a reasonable time and to take measures enabling applicants to claim redress for excessively long civil proceedings at a domestic level. The execution of that judgment is still pending. new Code of Civil Procedure of Hungary adopted in 2016 provides for the acceleration of civil proceedings and the new Code of Criminal Proceedings contributes to the expediency and effectiveness of proceedings. Hungary has duly informed the Committee of Ministers of the Council of Europe that the new law creating an effective remedy for prolonged procedures will be adopted by October 2018.
Amendment 73 #
2017/2131(INL)
Motion for a resolution
Annex I – point 15
Annex I – point 15
Amendment 74 #
2017/2131(INL)
Motion for a resolution
Annex I – point 15
Annex I – point 15
(15) In its judgment of 23 June 2016, Baka v. Hungary, the ECtHR held that there had been a violation of the right of access to a court and the freedom of expression of András Baka, who had been elected as President of the Supreme Court for a six-year term in June 2009, but ceased to have this position in accordance with the transitional provisions in the Fundamental Law, providing that the Curia would be the legal successor to the Supreme Court. The execution of that judgment is stNo further general measures were found necessary apart from the necessarilly pending because the Hungarian Government denies the fact that there is a need to take measures to prevent further premature removals of judges on similar grounds, safrovided restitutio in integrum – since the violation found by the Court resulted from a one-time constitutional reform of the Hungarian judicial system – and the general measures solicited by the Committee of Ministers’ decision of 10th March 2017 are not related to the implementation of the judgment since the existence of related guarantees (reguarding any abuse in this regardll Hungarian judges except the president of the Supreme Court) has never been called into question by the Court.
Amendment 75 #
2017/2131(INL)
Motion for a resolution
Annex I – point 16
Annex I – point 16
(16) On 29 September 2008, Mr András Jóri was appointed Data Protection Supervisor for a term of six years. However, with effect from 1 January 2012, the Hungarian Parliament decided to reform the data protection system and replace the Supervisor with a national authority for data protection and freedom of information. Mr Jóri had to vacate office before his full term had expired. On 8 April 2014, the Court of Justice held that the independence of supervisory authorities necessarily includes the obligation to allow them to serve their full term of office and that Hungary failed to fulfil its obligations under Directive 95/46/EC of the European Parliament and of the Council2. Hungary amended the rules on the appointment of the president of the Hungarian National Authority for Data Protection and Freedom of Information, based on the suggestions of the European Commission, presented an apology by sending a ministerial letter to András Jóri, issued a public notice to András Jóri and to the Hungarian news agency, as well as paid the agreed sum of compensation. Mr Jóri considered the material and moral compensation as fair and accepted it voluntarily, furthermore he declared that he had no more claims and so the case was closed in a mutually satisfactory manner. __________________ 2 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995 P. 31).
Amendment 76 #
2017/2131(INL)
Motion for a resolution
Annex I – point 17
Annex I – point 17
Amendment 77 #
2017/2131(INL)
Motion for a resolution
Annex I – point 17
Annex I – point 17
(17) The Venice Commission identified several shortcomings in its Opinion on Act CLXIII of 2011 on the Prosecution Service and Act CLXIV of 2011 on the Status of the Prosecutor General, Prosecutors and other Prosecution Employees and the Prosecution Career of Hungary, adopted on 19 June 2012. In its report, adopted on 27 March 2015, GRECO urged the Hungarian authorities to take additional steps to prevent abuse and increase the independence of the prosecution service by, inter alia, removing the possibility for the Prosecutor General to be re-elected. In addition, GRECO called for disciplinary proceedings against ordinary prosecutors to be made more transparent and for decisions to move cases from one prosecutor to another to be guided by strict legal criteria and justifications. The 2017 GRECO Compliance Report however, which assesses the implementation of the 2015recommendations, acknowledged the progress made by Hungary and a report is to be submitted by 30th June 2018 on the progress in implementing the recommendations, which means that there is an ongoing dialogue between the GRECO and Hungarian authorities.
Amendment 80 #
2017/2131(INL)
Motion for a resolution
Annex I – point 18
Annex I – point 18
Amendment 82 #
2017/2131(INL)
Motion for a resolution
Annex I – point 18
Annex I – point 18
(18) In its report adopted on 27 March 2015, GRECO called for the establishment of codes of conduct for members of the Hungarian Parliament (MPs) concerning guidance for cases of conflicts of interest. Furthermore, MPs should also be obliged to report conflicts of interest in an ad hoc manner and this should be accompanied by a more robust obligation to submit asset declarations. This should also be accompanied by which arise in an ad hoc manner. Although the current regulation can be considered rather strict even by European standards, it is recommended to consider introducing provisions that allow for sanctions for submitting inaccurate asset declarations.
Amendment 83 #
2017/2131(INL)
Motion for a resolution
Annex I – point 19
Annex I – point 19
Amendment 84 #
2017/2131(INL)
Motion for a resolution
Annex I – point 19
Annex I – point 19
(19) In its statement of preliminary findings and conclusions adopted on 9 April 2018, the limited election observation mission of the OSCE Office for Democratic Institutions and Human Rights concluded that the limited monitoring of campaign spending and the absence of thorough reporting on sources of campaign funds until after the elections undercuts campaign finance transparency and the ability of voters to make an informed choice, contrary to OSCE commitments and international standards. However, there has not been any deterioration or declining trend at all in the last few years or as compared to the date of Hungary’s accession to the EU. On the contrary, the Act LXXXVII of2013 on the Transparency of Political Campaign Financing set the maximum amount allowed to be spent for campaign activities, established strict rules on the use of such funds and on the monitoring of campaign spending. Although the preliminary conclusions of the OSCE would claim for a more detailed reporting and monitoring system also during, and not only after, the elections, the Act opted for an ex-post monitoring and controlling mechanism. While the potential maximum limits are set out by law in advance, the Act also introduced a requirement according to which all candidates and nominating organisations, within 60 days after the final results of the elections, shall make public all their actual campaign spending, also including the sources and purposes of the spending. The State Audit Office has the competence to monitor and control whether the legal requirements have been met.
Amendment 87 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20
Annex I – point 20
Amendment 88 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20
Annex I – point 20
(20) On 7 December 2016, the Open Government Partnership (OGP) Steering Committee received a letter from the Government of Hungary announcing its immediate withdrawal from the partnership. The Government of Hungary had been under review by OGP since July 2015 for concerns raised by civil society organisations regarding their space to operate in the country. , in line with the fact that the OGP is a multilateral initiative based on voluntary membership and therefore it is only up to the free decision of participating countries to join or to withdraw. It must be further noted that not all the EU Member States are members of the OGP, e.g. Austria, Belgium and Slovenia.. The Government of Hungary had been under review by OGP since July 2015 for concerns raised by civil society organisations regarding their space to operate in the country, which is exactly the reason of the Hungarian withdrawal, since the opinions of international NGOs constantly criticising Hungary have been widely accepted in the organisation’s reports but the government response has been completely neglected and thus the organisation has become a forum for the reproof of a few countries, instead of discussing and exchanging good government practices.
Amendment 101 #
2017/2131(INL)
Motion for a resolution
Annex I – point 21
Annex I – point 21
Amendment 102 #
2017/2131(INL)
Motion for a resolution
Annex I – point 21
Annex I – point 21
(21) In its judgment of 12 January 2016, Szabó and Vissy v. Hungary, the ECtHR found that the right to respect for private life was violated on account of the insufficient legal guarantees against unlawful secret surveillance for national security purposes, including related to the use of telecommunications. Nevertheless, the case did not concern actual measures of surveillance but only the possibility of the application of such measures sufficed to establish the applicants’ victim status within the meaning of the Convention. The amendment of the relevant legislation is necessary as a general measure. The execu and the need for amendments has not been called into question ofby this judgment is, therefore, still pendinge Hungarian Government either. Proposals for amendment of the Act on National Security Services are currently being discussed by the experts of the competent ministries of Hungary.
Amendment 104 #
2017/2131(INL)
Motion for a resolution
Annex I – point 22
Annex I – point 22
Amendment 105 #
2017/2131(INL)
Motion for a resolution
Annex I – point 22
Annex I – point 22
(22) In the concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that Hungary’s legal framework on secret surveillance for national security purposes allows for mass interception of communications and contains insufficient safeguards against arbitrary interference with the right to privacy. It, whereas the concern on the possibility of “mass interception of communications” results from an error of fact and misunderstanding of the Hungarian legal situation. The already existing legal infrastructure ensures independent external control of secret information gathering activities carried out by national security services. The appropriate legal tools provided by the Privacy Act empower the Data Protection Authority (DPA) to detect illegal secret information gathering and to take actions against the infringement. The data obtained during the DPA investigation – including national classified information – can be used by the DPA in the administrative proceedings for data protection, for example, to prohibit the unlawful processing of personal data, to order the deletion of the illegally processed data, to order the notification of the concerned data subjects in case the data controller refused to inform the affected person unlawfully, and also to impose a fine. The UN Human Rights Committee was also concerned by the lack of provisions to ensure effective remedies in cases of abuse, and notification to the person concerned as soon as possible, without endangering the purpose of the restriction, after the termination of the surveillance measure. The concluding observations of the Committee however, did not take into consideration the tool of a subsequent revision by the National Authority for Data Protection and Freedom of Information in cases of secret information collection.
Amendment 108 #
2017/2131(INL)
Motion for a resolution
Annex I – point 23
Annex I – point 23
(23) On 22 June 2015 the Venice Commission adopted its Opinion on Media Legislation (Act CLXXXV on Media Services and on the Mass Media, Act CIV on the Freedom of the Press, and the Legislation on Taxation of Advertisement Revenues of Mass Media) of Hungary, which called for several changes to the Press Act and the Media Act, in particular concerning the definition of “illegal media content”, the disclosure of journalistic sources and sanctions on media outlets. Whereas in reality, Act CIV on the Freedom of the Press, and the Legislation on Taxation of Advertisement Revenues of Mass Media as of July 2012 allows journalists to hide their information sources in administrative and judicial procedures in line with European standards, following the decision of the Hungarian Constitutional Court, as well as the recommendations of the Council of Europe. Similar concerns had been expressed in the analysis commissioned by the Office of the OSCE Representative on Freedom of the Media in February 2011, by the previous Council of Europe’s Commissioner for Human Rights in his opinion on Hungary’s media legislation in light of Council of Europe standards on freedom of the media of 25 February 2011, as well as by Council of Europe experts on Hungarian media legislation in their expertise of 11 May 2012. Those concerns had been sharaddressed by the Council of Europe’s Commissioner for Human Rights in the report following his visit to Hungary, which was published on 16 December 2014. The Commissioner also mentioned the issues of concentration of media ownership and self-censorship and indicated that the legal framework criminalising defamHungarian Government, as a result of which the Council of Europe’s Secretary General has concluded in 2013 that the fundamental problems of Hungarian media legislation shoulhad been repealsolved.
Amendment 112 #
2017/2131(INL)
Motion for a resolution
Annex I – point 24
Annex I – point 24
(24) In its Opinion of 22 June 2015 on Media Legislation, the Venice Commission insisted on the need to change the rules governing the election of the members of the Media Council to ensure fair representation of socially significant political and other groups and that the method of appointment and the position of the Chairperson of the Media Council or the President of the Media Authority should be revisited in order to reduce the concentration of powers and secure political neutrality; the Board of Trustees should also be reformed along those lines. The Venice Commission also recommended the decentralisation of the governance of public service media providers and that the National News Agency not be the exclusive provider of news for public service media providers. Similar concerns had been expressed in the analysis commissioned by the Office of the OSCE Representative on Freedom of the Media in February 2011, by the previous Council of Europe’s Commissioner for Human Rights in his opinion on Hungary’s media legislation in light of Council of Europe standards on freedom of the media of 25 February 2011, as well as by Council of Europe experts on Hungarian media legislation in their expertise of 11 May 2012. Those concerns had also been shared by the Council of Europe’s Commissioner for Human Rights in the report following his visit to Hungary, which was published on 16 December 2014. The Media Authority of Hungary however, is an autonomous regulatory agency subordinated solely to law, the President of which is appointed by the President of Hungary, while previously it was appointed by the Prime Minister. As a further step towards media independence, members of the Media Council (responsible for media contents and the freedom of press) are elected by a qualified majority of the Parliament for 9 years.
Amendment 113 #
2017/2131(INL)
Motion for a resolution
Annex I – point 24 a (new)
Annex I – point 24 a (new)
(24a) As it was also noted by the Venice Commission in its Opinion of 22 June 2015, the Hungarian authorities responded to the criticisms from international bodies and NGOs. First, the Constitutional Court struck down certain norms contained in the “media package” as anti-constitutional and required the Government to make changes to the provisions pertaining, in particular, to the regulation of media content and protection of journalists’ sources. Second, in 2011-2012 the “media package” was subjected to revision. Yet, many domestic and international observers were not satisfied with those reforms. The amendments were said to be fragmentary and not addressing the key problems detected earlier. The Hungarian Government, on their side, defended their positions referring to the examples of similar regulations in other European states. The Venice Commission also acknowledged the efforts of the Hungarian government, over the years, to improve on the original text of the Media Acts, in line with comments from various observers including the Council of Europe, and positively noted the willingness of the Hungarian authorities to continue the dialogue.
Amendment 114 #
2017/2131(INL)
Motion for a resolution
Annex I – point 24 b (new)
Annex I – point 24 b (new)
(24b) It also has to be noted that the vast majority of the widely criticised rules of the Hungarian media legislation (e.g. illegal media content, balanced news coverage, sanctions, criminal law provisions on defamation) were not invented after 2010, but had already been existing since well before 2010 and substantially were in force also at the date of Hungary’s accession to the EU. In fact, the post-2010 revision of the Hungarian media laws dating back to 1995 and partly even 1986 aimed at better protecting the editorial and journalistic freedom of expression and the independence of the Media Authority than the previous laws did. In addition, as a consequence of continuous dialogues with international organisations and EU institutions, the Hungarian media legislation has even further been improved after its original adoption of 2010. In its statement of 29 January 2013, the Council of Europe Secretary General welcomed that discussions in the field of media have led to several important changes being agreed, notably concerning the mandate, nomination and appointment of the President of the National Media Authority and President of the Media Council, as well as the regulation of TV and radio content. The Secretary General also added that the protection of journalistic sources had already been strengthened.
Amendment 115 #
2017/2131(INL)
Motion for a resolution
Annex I – point 25
Annex I – point 25
Amendment 117 #
2017/2131(INL)
Motion for a resolution
Annex I – point 25
Annex I – point 25
(25) On 18 October 2012, the Venice Commission adopted its Opinion on Act CXII of 2011 on Informational Self- Determination and Freedom of Information of Hungary. Despite the overall positive assessment, the Venice Commission identified the need for further improvements. However, following subsequent amendments to that law, the right to access government information has been significantly restricted further. Those amendments were criticised in the analysis commissioned by the Office of the OSCE Representative on Freedom of the Media in March 2016. The report acknowledges however, that the charges defined by the Hungarian Act for direct costs of information requests appeared to be entirely reasonable and reflect real costs. Hungary recognises the importance of access to public information as a means to provide for transparency in the government sector and the amendments to the Act strike a proper balance between the fundamental rights of data subjects and the interests and rights of data controllers, respectively.
Amendment 118 #
2017/2131(INL)
Motion for a resolution
Annex I – point 25 a (new)
Annex I – point 25 a (new)
(25a) Notwithstanding, it is to be noted that the original text of the Act CXII of 2011 provided for wide-ranging possibilities for exercising the right of access to public information. The subsequent limitations thereto, aimed at striking a necessary and proportional balance between the rights of the applicants and the interests of data controllers, did not concern the essence of the right to access to information. As it was also acknowledged by the 2018 country report of the European Commission, the Data Protection Authority has taken a progressive position in transparency-related cases and so did courts as well as the Constitutional Court, who generally decide in favour of public access to information. This also shows that serious or systemic problems cannot be identified in the Hungarian legal system.
Amendment 120 #
2017/2131(INL)
Motion for a resolution
Annex I – point 26
Annex I – point 26
(26) In its statement of preliminary findings and conclusions adopted on 9 April 2018, the limited election observation mission of the OSCE Office for Democratic Institutions and Human Rights for the 2018 Hungarian parliamentary elections concluded that access to information as well as the freedoms of the media and association have been restricted, including by recent legal changes and that media coverage of the campaign was extensive, yet highly polarised and lacking critical analysis. It further noted that politicisation of the ownership, coupled with a restrictive legal framework, had a chilling effect on editorial freedom, hindering voters’ access to pluralistic information. By contrast, opposition media altogether reaches a considerably wider public in Hungary than pro-government media outlets. The ownership and political spectrum of Hungarian media is more diverse, and the freedom of the press is more prevalent than in most Western European countries; the diversity of the Hungarian media scenery was perhaps best demonstrated by the fact that most Hungarian media outlets actively campaigned against the Fidesz-KDNP alliance ahead of the 8th April elections.
Amendment 122 #
2017/2131(INL)
Motion for a resolution
Annex I – point 26 a (new)
Annex I – point 26 a (new)
(26a) However, on the other hand, the preliminary findings and conclusions of the OSCE also noted within the context of the 2018 Hungarian parliamentary elections that fundamental rights and freedoms were respected overall, the campaign was animated, media coverage was extensive, voters had a wide range of political options, the public broadcaster fulfilled its mandate to provide free airtime to contestants, online media provided a platform for pluralistic, issue- oriented political debate. The OSCE also added that the electoral legal framework formed an adequate basis for democratic elections, the right to seek an effective remedy for electoral violations was inclusive and generally respected, and the election administration fulfilled its mandate in a professional and transparent manner and enjoyed overall confidence among stakeholders.
Amendment 123 #
2017/2131(INL)
Motion for a resolution
Annex I – point 27
Annex I – point 27
(27) In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about Hungary’s media laws and practices that restrict freedom of opinion and expression. It was concerned that, following successive changes in the law, the current legislative framework does not fully ensure an uncensored and unhindered press. It noted with concern that the Media Council and the Media Authority lack sufficient independence to perform their functions and have overbroad regulatory and sanctioning powers. However, sanctions maybe imposed when media administration rules are violated and serious monetary penalties may only be levied in case of a recurring violation and the Media Council shall also take into account the principles of graduality and proportionality. The amount of the penalty is also limited and there are proper legal remedies against penalties.
Amendment 127 #
2017/2131(INL)
Motion for a resolution
Annex I – point 28
Annex I – point 28
(28) On 6 October 2017, the Venice Commission adopted its Opinion on Act XXV of 4 April 2017 on the Amendment of Act CCIV of 2011 on National Tertiary Education. It concluded that introducing more stringent rules without very strong reasons, coupled with strict deadlines and severe legal consequences, for foreign universities which are already established in Hungary and have been lawfully operating there for many years, appears highly problematic from the standpoint of the rule of law and fundamental rights principles and guarantees. Those universities and their students are protected by domestic and international rules on academic freedom, the freedom of expression and assembly and the right to, and freedom of, education. The Venice Commission recommended that the Hungarian authorities, in particular, ensure that new rules on requirement to have a work permit do not disproportionally affect academic freedom and are applied in a non-discriminatory and flexible manner, without jeopardising the quality and international character of education already provided by existing universities. The concerns about the Amendment of Act CCIV of 2011 on National Tertiary Education have also been shared by the UN Special Rapporteurs on the freedom of opinion and expression, on the rights to freedom of peaceful assembly and association and on cultural rights in their statement of 11 April 2017. In the concluding observations of 5 April 2018, the UN Human Rights Committee noted the lack of a sufficient justification for the imposition of such constraints on the freedom of thought, expression and association, as well as academic freedom. The criticised legislative amendments however do not affect the freedom of thought or expression, or artistic and academic freedom. The European Commission itself has also stated that it is not without precedent that Member States of the EU enact special legal requirements for institutions of higher education with headquarters in a foreign country; Sweden, the Czech Republic, Poland, the Netherlands and Greece, or multiple states of Germany have much stricter rules in many aspects than the new Hungarian law.
Amendment 129 #
2017/2131(INL)
Motion for a resolution
Annex I – point 29
Annex I – point 29
(29) On 17 October 2017, the Hungarian Parliament extended the deadline for foreign universities operating in the country to meet the new criteria to 1 January 2019 by the explicit request of the concerned institutions and following the recommendation of the Presidency of the Hungarian Rectors’ Conference; the Venice Commission has explicitly welcomed the prolongation in its related opinion. Negotiations between the Hungarian Government and foreign higher education institutions affected, in particular, the Central European University, are still ongoing, while the legal limbo for foreign universities remains however, the swift and smooth conclusion of the agreements between Hungary and her Thai, Chinese and – with one exception – American partners demonstrates that the new legislation does not impose impossible conditions on foreign higher education institutions and that the amendment does not jeopardise the freedom of higher education..
Amendment 131 #
2017/2131(INL)
Motion for a resolution
Annex I – point 30
Annex I – point 30
(30) On 7 December 2017, the Commission decided to refer Hungary to the Court of Justice of the European Union on the grounds that the Amendment of Act CCIV of 2011 on National Tertiary Education disproportionally restricts Union and non-Union universities in their operations and that the Act needs to be brought back in line with Union law. The Commission foundIn the course of the infringement procedure, the Commission imposed far shorter deadlines on Hungary thatn the new legislation runs counter to the right of academic freedom, the right to education and the freedom to conduct a business as provided by the Charter of Fundamental Rights of the European Union (the “Charter”) and the Union’s legal obligations under international trade lawdecade- long standard and rejected the Hungarian requests for the extension of the deadline, seriously undermining Hungary’s right to defence. The Commission did not justify the shorter than usual deadlines, merely referred to the ‘specific nature of the case’ in its appeal, without explaining exactly what the term refers to. The procedure however is still pending and ultimately the European Court of Justice (ECJ) is competent to establish whether or not Hungary infringed EU law. It would contradict the basic legal and constitutional principles to prejudge the decision of the Court of Justice.
Amendment 132 #
2017/2131(INL)
Motion for a resolution
Annex I – point 31
Annex I – point 31
Amendment 133 #
2017/2131(INL)
Motion for a resolution
Annex I – point 31
Annex I – point 31
(31) In 2011, the Hungarian Parliament adopted Act CCVI of 2011 on the Right to Freedom of Conscience and Religion and the Legal Status of Churches, Denominations and Religious Communities of Hungary. The Act deprivedreviewed the legal personality of many religious organisations of legal personality and reduced the number of legally recognised churches in Hungary to 14 in line with the practices of EU Member States, the majority of which make a clear difference between the legal status of historic churches and the status of other denominations. On 16 December 2011 the Council of Europe Commissioner for Human Rights shared his concerns about this Act in a letter sent to the Hungarian authorities. In February 2012, responding to international pressure, the Hungarian Parliament expanded the number of recognised churches to 31. On 19 March 2012 the Venice Commission adopted its Opinion on Act CCVI of 2011 on the Right to Freedom of Conscience and Religion and the Legal Status of Churches, Denominations and Religious Communities of Hungary, where it indicated that the Act sets a range of requirements that are excessive and based on arbitrary criteria with regard to the recognition of a church, that the Act has led to a deregistration process of hundreds of previously lawfully recognised churches and that the Act induces, to some extent, an unequal and even discriminatory treatment of religious beliefs and communities, depending on whether they are recognised or not. By contrast, the case-law of the European Court of Human Rights recognises the right of states to create various legal categories for religious communities, with the only prerequisite that some kind of a legal form shall be available without obstacles.
Amendment 136 #
2017/2131(INL)
Motion for a resolution
Annex I – point 32
Annex I – point 32
Amendment 137 #
2017/2131(INL)
Motion for a resolution
Annex I – point 32
Annex I – point 32
(32) In February 2013, Hungary’s Constitutional Court ruled that the deregistration of recognised churches had been unconstitutional. Responding to the Constitutional Court’s decision, the Hungarian Parliament amended the Fundamental Law in March 2013. In June and September 2013, the Hungarian Parliament amended Act CCVI of 2011 to create a two-tiered classification consisting of “religious communities” and “incorporated churches”. In September 2013, the Hungarian Parliament also amended the Fundamental Law explicitly to grant itself the authority to select religious communities for “cooperation” with the state in the service of “public interest activities”. The provision assures the state the possibility to grant to organisations conducting religious activities special status as ‘church’. The religious community recognised by the Parliament as ‘church’ functions as a public law entity, whereas the ‘organisation conducting religious activity’ is a private law association. The rules of granting the status of a public law entity are more stringent than those on private law entities. The majority of Member States makes a clear difference between the legal status of historic churches and the status of other denominations and there are various legal forms for this distinction. In several Member States some churches are listed in the constitution, while others are subject to separate regulations or different ‘sui generis’ statuses provided for them. The case-law of the ECtHR recognises the right of states to create various legal categories for religious communities, the basic prerequisite of which is that some kind of a legal form shall be available without obstacles.
Amendment 139 #
2017/2131(INL)
Motion for a resolution
Annex I – point 33
Annex I – point 33
Amendment 140 #
2017/2131(INL)
Motion for a resolution
Annex I – point 33
Annex I – point 33
(33) In its judgment of 8 April 2014, Magyar Keresztény Mennonita Egyház and Others v. Hungary, the ECtHR ruled that Hungary had violated freedom of association, read in the light of freedom of conscience and religion. The execution of that judgment is still pending. The Constitutional Court of Hungary found that certain rules governing the conditions of recognition as a church were unconstitutional and ordered the legislature to bring the relevant rules in line with the requirements of the European Convention on Human Rights. The relevant Act was accordingly submitted to the Parliament in December 2015 but it did not obtain the necessary majority; however, just satisfaction has been paid to the applicants either on the basis of friendly settlements or pursuant to the judgments of the Court.
Amendment 141 #
2017/2131(INL)
Motion for a resolution
Annex I – point 33 a (new)
Annex I – point 33 a (new)
(33a) The adoption of Act CCVI of 2011 and all the subsequent amendments thereto had the intention to fully ensure both the individual and collective freedom of religion, in accordance with the Fundamental Law, longstanding Hungarian legal traditions and international standards. The differentiation between legal status of different categories of religious communities did not aim at substantially affecting their freedom of religion, but only intended to express the differences in the duration and social support of their activities as well as in their ability to participate in fulfilling tasks of public interest. Such a differentiation is not unique in the European Union; several Member States have different categories of religious communities, some of them based on a ministerial or a parliamentary decision (e.g. in Austria, Belgium, Spain or Lithuania), some others by legislative means or even specifically at constitutional level (e.g. in Greece, Malta, Denmark, Finland, United Kingdom).
Amendment 142 #
2017/2131(INL)
Motion for a resolution
Annex I – point 34
Annex I – point 34
Amendment 143 #
2017/2131(INL)
Motion for a resolution
Annex I – point 34
Annex I – point 34
(34) On 9 July 2014, the Council of Europe Commissioner for Human Rights indicated in his letter to the Hungarian authorities that he was concerned about the stigmatising rhetoric used by politicians questioning the legitimacy of NGO work in the context of audits which had been carried out by the Hungarian Government Control Office concerning NGOs which were beneficiaries of the Norwegian Civil Fund. The investigations in question did not at all concern the activities of the organisations, but these were accountability measures regarding the financial operations. The Hungarian Government signed an agreement with the Norway grants as a result of which the payments of the grants continue to operate undisturbed, complying with the transparency criteria of the rule of law. On 8-16 February 2016, the UN Special Rapporteur on the situation of human rights defenders visited Hungary and indicated in his report that significant challenges stem from the existing legal framework governing the exercise of fundamental freedoms, such as the rights to freedoms of opinion and expression, and of peaceful assembly and of association, and that legislation pertaining to national security and migration may also have a restrictive impact on the civil society environment. However, tens of thousands of organisations participate in tenders run by the Trust for National Cooperation, and both the number of supported projects and the amount of funding has increased in Hungary compared to previous years.
Amendment 146 #
2017/2131(INL)
Motion for a resolution
Annex I – point 35
Annex I – point 35
Amendment 147 #
2017/2131(INL)
Motion for a resolution
Annex I – point 35
Annex I – point 35
(35) In April 2017 a draft law on the Transparency of Organisations Receiving Support from Abroad was introduced before the Hungarian Parliament. On 26 April 2017, the Council of Europe Commissioner for Human Rights addressed a letter to the Speaker of the Hungarian National Assembly noting that the draft law was introduced against the background of continued antagonistic rhetoric from certain members of the ruling coalition, who publicly labelled some NGOs as “foreign agents” based on the source of their funding and questioned their legitimacy; the term “foreign agents” is however absent from the law and the Venice Commission stated in its opinion that the term ‘organisation receiving support from abroad’ is neutral and descriptive. The Parliamentary Assembly of the Council of Europe has also acknowledged in its resolution 2162 (2017) that the Hungarian law did not include some of the controversial term ‘foreign agent’ or the specific and thus discriminatory reference to NGOs which defend human rights, and that it provided for a judicial rather than administrative review. Consequently, it can be acknowledged that the overall purpose of the Act is in line with relevant international guidelines, including those elaborated under the auspices of the Council of Europe. Similar concerns have been mentioned in the statement of 7 March 2017 of the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law, as well as in the Opinion of 24 April 2017 prepared by the Expert Council on NGO Law, and the statement of 15 May 2017 by the UN Special Rapporteurs on the situation of human rights defenders and on the promotion and protection of the right to freedom of opinion and expression. According to the OSCE/ODIHR and Venice Commission Guidelines on Freedom of Association as well as the expert opinion of the Venice Commission on the issue, the freedom to seek, receive and use resources can be subject to requirements related to the prevention of money laundering or terrorism and such resources may also legitimately be subject to reporting and transparency requirements.
Amendment 148 #
2017/2131(INL)
Motion for a resolution
Annex I – point 36
Annex I – point 36
Amendment 149 #
2017/2131(INL)
Motion for a resolution
Annex I – point 36
Annex I – point 36
(36) On 13 June 2017, the Hungarian Parliament adopted the draft law with several amendments. In its Opinion of 20 June 2017, the Venice Commission recognised that some of those amendments represented an important improvement but at the same time some other concerns were not addressed and the amendments did not suffice to alleviate the concerns that the law would cause a disproportionate and unnecessary interference with the freedoms of association and expression, the right to privacy, and the prohibition of discrimination. In 2013 however, the Venice Commission explicitly acknowledged that there may be various reasons for a state to restrict foreign funding; including the prevention of money-laundering and terrorist financing and that it is justified to require the utmost transparency in matters pertaining to foreign funding. Consequently, ensuring transparency is a legitimate aim and the Hungarian law implements no restriction on funding whatsoever. In its concluding observations of 5 April 2018, the UN Human Rights Committee noted the lack of a sufficient justification for the imposition of those requirements, which appeared to be part of an attempt to discredit certain NGOs, including NGOs dedicated to the protection of human rights in Hungary.
Amendment 152 #
2017/2131(INL)
Motion for a resolution
Annex I – point 37
Annex I – point 37
(37) On 7 December 2017, the Commission decided to start legal proceedings against Hungary for failing to fulfil its obligations under the Treaty provisions on the free movement of capital, due to provisions in the NGO Law which, in the view of the Commission, indirectly discriminate and disproportionately restrict donations from abroad to civil society organisations. In addition, the Commission concludalleged that Hungary had violated the right to freedom of association and the rights to protection of private life and personal data enshrined in the Charter, read in conjunction with the Treaty provisions on the free movement of capital. This procedure is still pending and ultimately and exclusively the European Court of Justice is competent to establish whether or not Hungary infringed EU law pursuant to Article 19(3)a of TEU and Article 260(1) of TFEU and any statement assuming the violation of EU law until the final decision is a mere presumption.
Amendment 155 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
Amendment 157 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with The Draft Law package foresees to expose those activities and associations funded from abroad that, circumventing the Hungarian law and order, intend to foster illegal immigration. The Package has not yet been adopted by the Hungarian Parliament, but is subject to scrutiny by its competent committees and is consequently open to furtheir activitiemendments.
Amendment 167 #
2017/2131(INL)
Motion for a resolution
Annex I – point 39
Annex I – point 39
(39) On 17-27 May 2016, the UN Working Group on discrimination against women in law and in practice visited Hungary. In its report, the Working Group indicated that a conservative form of family, whose protection is guaranteed as essential to national survival, should not be put in an uneven balance with women’s political, economic and social rights and the empowerment of women. The Working Group also pointed out that aartificial confrontation of families and womaen’s right to equality cannot be seen merely in the light of protection of vulnerable groups alongside children, the elderly and the disabled, as they are an integral part of all such groups is however extremely harmful, since establishing a family-friendly environment is necessary for the empowerment of women and their freedom of choice. Moreover, competences not conferred upon the Union in the Treaties remain with the Member States. This issue clearly falls under the national competence of Member States.
Amendment 169 #
2017/2131(INL)
Motion for a resolution
Annex I – point 40
Annex I – point 40
(40) In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed regret that patriarchal stereotyped attitudes still prevail in Hungary with respect to the position of women in society, and noted with concern discriminatory comments made by political figures against women. It also noted that the Hungarian Criminal Code does not fully protect female victims of domestic violence. By contrast, Hungarian law provides a strong protection for women against violence; the legal definition of ‘violence committed in a relationship’ in the Criminal Code of Hungary covers a broader range of actions to be considered as abuse and since 2013 punishes these actions more severely than before and as of 1st January 2008 harassment constitutes a sui generis criminal act. Moreover, competences not conferred upon the Union in the Treaties remain with the Member States. This issue clearly falls under the national competence of Member States.
Amendment 173 #
2017/2131(INL)
Motion for a resolution
Annex I – point 41
Annex I – point 41
(41) On 27 April 2017, the Commission issued a reasoned opinion calling on Hungary to correctly implement Directive 2006/54/EC of the European Parliament and of the Council3, given that Hungarian law provides an exception to the prohibition of discrimination on the grounds of sex that is much broader than the exception provided by that Directive. On the same date, the Commission issued a reasoned opinion to Hungary for non- compliance with Directive 92/85/EEC of the Council4 that stated that employers have a duty to adapt working conditions for pregnant or breastfeeding workers to avoid a risk to their health or safety. therefore the Hungarian Government has committed itself to amend the necessary provisions of the Act CXXV of 2003 on Equal Treatment and the Promotion of Equal Opportunities, as well as the Act I of 2012 on the Labour Code. __________________ 3 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 4 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1).
Amendment 175 #
2017/2131(INL)
Motion for a resolution
Annex I – point 42
Annex I – point 42
(42) In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that the constitutional ban on discrimination does not explicitly list sexual orientation and gender identity among the grounds of discrimination and that its restrictive definition of family could give rise to discrimination as it does not encompass certain types of family arrangements, including same-sex couples. Against all of these, sexual orientation and gender identity fall under strict constitutional protection in Hungary, since the Fundamental Law contains an open list, which forbids discrimination based on ‘any other circumstances’ and the Hungarian Act on Equal Treatment explicitly forbids discrimination based on both grounds ever since 2004. The Committee was also concerned about acts of violence and the prevalence of negative stereotypes and prejudice against lesbian, gay, bisexual and transgender persons, particularly in the employment and education sectors. It also mentioned forced placement in medical institutions, isolation and forced treatment of large nuThe Hungarian Penal Code strictly punishes inciting violence or hatred against any members of persons with mental, intellectual and psychosocial disabilities, as well as reported violence and cruel, inhuman and degrading treatment and allegations of a high number of na societal group and explicitly on the grounds of disability, gender identity or sexual orientation; this felon-y investigated deaths in closed institutions threatened with an imprisonment up to three years.
Amendment 177 #
2017/2131(INL)
Motion for a resolution
Annex I – point 43
Annex I – point 43
Amendment 178 #
2017/2131(INL)
Motion for a resolution
Annex I – point 43
Annex I – point 43
(43) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated that he was concerned about the deterioration of the situation as regards racism and intolerance in Hungary, with anti-Gypsyism being the most blatant form of intolerance, as illustrated by distinctively harsh, including violence targeting Roma people and paramilitary marches and patrolling in Roma-populated villages. However, it was exactly the current Hungarian Government that initiated the amendment of the Penal Code in 2011 in order to prevent campaigns of extreme right paramilitary groups, by introducing the so called ‘crime in uniform’, threatening any provocative unsocial behaviour inducing fear in a member of a national, ethnic or religious community with three years of imprisonment. He also pointed out that, despite positions taken by the Hungarian authorities to condemn anti-Semitic speech, anti-Semitism is a recurring problem, manifesting itself through hate speech and instances of violence against Jewish persons or property. In addition, he mentioned a recrudescence of xenophobia targeting migrants, including asylum seekers and refugees, and of intolerance affecting other social groups such as LGBTI persons, the poor and homeless persons. The European Commission against Racism and Xenophobia mentioned similar concerns in its report on Hungary published on 9 June 2015. While racism, xenophobia and intolerance are not any more prevalent in Hungary than in any other Member State, the Hungarian Act on Equal Opportunities provides an even stronger protection than the Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, since it extends its rules to cover all grounds of discrimination. According to the Action and Protection Foundation’s report (January-June 2017) the number of anti- Semitic actions in Hungary decreased compared to the number of the previous years. During the first half of 2017 the Foundation identified 18 anti-Semitic hate crimes, while in 2016 there were 23, in 2015’s first half there were 26 hate crimes action. It is also worth examining domestic data in an international comparison. Hungarian laws and legal norms identify the following five offenses related to hatred or incitement of hatred including anti-Semitic or Holocaust denying, denigrating acts: (1) violating the dignity of a member of a national, religious etc. community, as well as the dignity of a community itself (being also an aggravating circumstance if it serves a motive for another crime), (2) the denial or belittling in public of crimes committed by totalitarian (Nazi and Communist) regimes, punishable with up to 3 years of imprisonment (3) the use of totalitarian symbols in public, (4) establishing and running paramilitary groups or institutions, and (5) hate speech by MPs in the Parliament additionally sanctioned by the House Rules. Moreover, the rules of the Criminal Code have been tightened regarding “uniformed crime”. It was largely due to the Hungarian Government’s firm stance against anti- Semitism that by the unanimous decision of 31 countries, Hungary was awarded the chairmanship of the International Holocaust Remembrance Alliance (IHRA) in 2015-2016 with a high international recognition of Jewish and non-Jewish organisations and personalities. As a result of the Hungarian Chairmanship’s year-long endeavours and lobbying in EU institutions, EU and IHRA member states, the EU’s new data protection draft legislation (GDPR) was amended in line with IHRA commitments.
Amendment 182 #
2017/2131(INL)
Motion for a resolution
Annex I – point 44
Annex I – point 44
Amendment 184 #
2017/2131(INL)
Motion for a resolution
Annex I – point 44
Annex I – point 44
(44) In its Fourth Opinion on Hungary adopted on 25 February 2016, the Advisory Committee on the Framework Convention for the Protection of National Minorities noted that Roma continue to suffer systemic discrimination and inequality in all fields of life, including housing, employment, education, access to health and participation in social and political life. In its Resolution of 5 July 2017, the Committee of Ministers of the Council of Europe recommended the Hungarian authorities to make sustained and effective efforts to prevent, combat and sanction the inequality and discrimination suffered by Roma, improve, in close consultation with Roma representatives, the living conditions, access to health services and employment of Roma, take effective measures to end practices that lead to the continued segregation of Roma children at school and redouble efforts to remedy shortcomings faced by Roma children in the field of education, ensure that Roma children have equal opportunities for access to all levels of quality education, and continue to take measures to prevent children from being wrongfully placed in special schools and classes. In this spirit, the Hungarian Government has taken several substantial measures to foster the inclusion of Roma ever since it took office in 2010; among others adopted the Job Protection Action Plan on 4th July 2012 to protect the employment of disadvantaged employees and foster the employment of the long-term unemployed; adopted the “Healthy Hungary 2014–2020” Healthcare Sectoral Strategy to reduce health inequalities; in 2014 adopted a strategy for the period of 2014 to 2020 for the treatment of slum-like housing in segregated settlements.
Amendment 186 #
2017/2131(INL)
Motion for a resolution
Annex I – point 44 a (new)
Annex I – point 44 a (new)
(44a) The Hungarian Government is deeply committed to achieve the integration of Roma people; the issue was put to the political agenda of the European Union as the initiative of the Hungarian presidency in the first half of 2011, by initiating the EU Framework Strategy on Roma inclusion, which was not only based on a human rights approach but also from the aspects of poverty and social inclusion, recognising that a complex approach is necessary for genuine solutions. Furthermore, the Hungarian Government in 2014 updated the Hungarian National Social Inclusion Strategy, and established a three-year action plan for its implementation by designating responsible persons, deadlines and available funds.
Amendment 187 #
2017/2131(INL)
Motion for a resolution
Annex I – point 45
Annex I – point 45
Amendment 188 #
2017/2131(INL)
Motion for a resolution
Annex I – point 45
Annex I – point 45
(45) In its judgement of 29 January 2013, Horváth and Kiss v. Hungary, the ECtHR found that the relevant Hungarian legislation as applied in practice lacked adequate safeguards and resulted in the over-representation and segregation of Roma children in special schools due to the systematic misdiagnosis of mental disability, which amounted to a violation of the right to education free from discrimination. The execution of that judgment is still pendingContinuous consultations are in place for resolving practical issues in this regard, the Hungarian Government has taken several steps to solve these questions, also including fulfilling the decision of the ECtHR.
Amendment 190 #
2017/2131(INL)
Motion for a resolution
Annex I – point 46
Annex I – point 46
Amendment 191 #
2017/2131(INL)
Motion for a resolution
Annex I – point 46
Annex I – point 46
(46) On 26 May 2016, the Commission sent a letter of formal notice to the Hungarian authorities in relation to both Hungarian legislation and administrative practices which result in Roma children being disproportionately over-represented in special schools for mentally disabled children and subject to a considerable degree of segregated education in mainstream schools. From the very beginning of the infringement procedure, the Hungarian Government actively conducted dialogues with the Commission, as a result of which the Hungarian Government amended the concerned legislation and took actions in order to ensure compliance with the legal obligations; Commissioner Věra Jourová has also confirmed that the amendments were adequate to remedy the Commission’s concerns.
Amendment 193 #
2017/2131(INL)
Motion for a resolution
Annex I – point 47
Annex I – point 47
Amendment 195 #
2017/2131(INL)
Motion for a resolution
Annex I – point 47
Annex I – point 47
(47) In its judgement of 20 October 2015, Balázs v. Hungary, the ECtHR held that there had been a violation of the prohibition of discrimination in the context of a failure to consider the alleged anti- Roma motive of an attack. In its judgment of 12 April 2016, R.B. v. Hungary, the ECtHR held that that there had been a violation of the right to private life on account of inadequate investigations into the allegations of racially motived abuse. The execution of both judgments is still pendingIn these cases however, the judgements had been formulated before the amendment of the Hungarian Penal Code with the purpose of implementing the Council Framework Decision 2008/913/JHA; the modification of the fact pattern of the crime of ‘inciting violence or hatred against the community’ entered into force on 28th October 2016.
Amendment 196 #
2017/2131(INL)
Motion for a resolution
Annex I – point 48
Annex I – point 48
Amendment 197 #
2017/2131(INL)
Motion for a resolution
Annex I – point 48
Annex I – point 48
(48) On 29 June - 1 July 2015, the OSCE Office for Democratic Institutions and Human Rights conducted a field assessment visit to Hungary, following reports about the actions taken by the local government of the city of Miskolc concerning forced evictions of Roma. On 26 January 2016 the Council of Europe Commissioner for Human Rights sent a letters to the Hungarian authorities expressing concerns about the treatment of Roma in Miskolc. governments of Albania, Bulgaria, France, Hungary, Italy, Serbia and Sweden expressing concerns about the treatment of Roma. Based on the appeal of the government office in charge, the Supreme Court annulled the relevant articles in its decision of 28 April 282015 and the Equal Treatment Authority of Hungary also carried out an investigation and rendered a decision in July 2015, calling on the local government to cease all evictions and to develop an action plan on how to offer housing in accordance with human dignity. The action plan was adopted on 21April 2016 and in the meantime a social housing agency was also established and adequate housing was provided for Roma families. In its decision of 14 October 2016, the Equal Treatment Authority found that the municipality fulfilled its obligations.
Amendment 199 #
2017/2131(INL)
Motion for a resolution
Annex I – point 49
Annex I – point 49
Amendment 200 #
2017/2131(INL)
Motion for a resolution
Annex I – point 49
Annex I – point 49
Amendment 202 #
2017/2131(INL)
Motion for a resolution
Annex I – point 49 a (new)
Annex I – point 49 a (new)
(49a) The Hungarian Government has several times declared a ‘zero tolerance policy’ against anti-Semitism and– as acknowledged by Israeli Prime Minister Benjamin Netanyahu – Hungarian Jewish life is experiencing a renaissance and Hungarian Jews live in peace and safety. The current Hungarian Government has among others, established the Holocaust Documentation Centre and Memorial Collection in 2002, ordered that the life annuity of Holocaust survivors shall be raised by 50% in 2012, established the Hungarian Holocaust – 2014 Memorial Committee in 2013, declared the year of 2014 as Holocaust Memorial Year, launched renovation and restoration programmes of several Hungarian synagogues and Jewish cemeteries and is currently preparing for the 2019 European Maccabi Games to be held in Budapest. In recognition of the Hungarian Government’s firm stance against anti-Semitism, Hungary was awarded the chairmanship of the International Holocaust Remembrance Alliance (IHRA) in 2015-2016 by the unanimous decision of 31 countries.
Amendment 205 #
2017/2131(INL)
Motion for a resolution
Annex I – point 50
Annex I – point 50
Amendment 208 #
2017/2131(INL)
Motion for a resolution
Annex I – point 50
Annex I – point 50
(50) In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about reports that the Roma community continues to suffer from widespread discrimination and exclusion, unemployment, housing and educational segregation. It is particularly concerned that, notwithstanding the Public Education Act, segregation in schools, especially church and private schools, remains prevalent and the number of Roma children placed in schools for children with mild disabilities remains disproportionately high. It also mentioned concerns about the prevalence of hate crimes and about hate speech in political discourse, the media and on the internet targeting minorities, in particular Roma, Muslims, migrants and refugees, including in the context of government-sponsored campaigns. The Committee expressed its concern over the prevalence of anti-Semitic stereotypes. The Committee also noted with concern allegations that the number of registered hate crimes is extremely low because the police often fail to investigate and prosecute credible claims of hate crimes and criminal hate speech. Finally, the Committee was concerned about reports of the persistent practice of racial profiling of Roma by the police. Hungary however has enacted powerful legal instruments to combat hate crimes and hate speech; the Hungarian Penal Code strictly punishes inciting violence or hatred against a member of a community, as well as the public denial of Holocaust, and the Government has established a Working Group Against Hate Crime providing training for police officers and helping victims to cooperate with the police and report incidents. By reason of the Fourth Amendment of the Fundamental Law the ‘freedom of expression may not be exercised with the aim of violating the dignity of the Hungarian nation or of any national, ethnic, racial or religious community’; the amendment has been greeted as a historic step by many – in particular by Jewish – communities, as it makes the fight against hate speech more efficient.
Amendment 212 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. The extraordinary circumstances and emergency situation urged the Hungarian Government to address the situation with quick legal responses and despite the urgent government actions, each application for international protection is thoroughly examined on an individual basis. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. However, no court case has so far been reported where Hungarian border police officers have been charged of abusing asylum seekers.
Amendment 216 #
2017/2131(INL)
Motion for a resolution
Annex I – point 52
Annex I – point 52
(52) On 3 July 2014, the UN Working Group on Arbitrary Detention indicated that the situation of asylum seekers and migrants in irregular situations needs robust improvements and attention to ensure against arbitrary deprivation of liberty. Similar concerns about detention, in particular of unaccompanied minors, have been shared by the Council of Europe’s Commissioner for Human Rights in the report following his visit to Hungary, which was published on 16 December 2014. On 21-27 October 2015 the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited Hungary and indicated in its report a considerable number of foreign nationals’ (including unaccompanied minors) claims that they had been subjected to physical ill- treatment by police officers and armed guards working in immigration or asylum detention facilities. On 7 March 2017, the UN High Commissioner for Refugees expressed his concerns about a new law voted in the Hungarian Parliament envisaging the mandatory detention of all asylum seekers, including children, for the entire length of the asylum procedure. On 8 March 2017, the Council of Europe Commissioner for Human Rights issued a statement similarly expressing his concern about that law. On 31 March 2017, the UN Subcommittee on the Prevention of Torture urged Hungary to address immediately the excessive use of detention. Despite all this, asylum seekers in Hungary are not detained or deprived of their liberty since they can leave the transit zone freely at any time. Pursuant to the Directive2013/33/EU, Member States may designate such areas not only based on considerations of public interest and public order, but also to ensure the availability of applicants during the procedure; this measure is also permitted by Article 72 TFEU.
Amendment 220 #
2017/2131(INL)
Motion for a resolution
Annex I – point 53
Annex I – point 53
(53) On 12-16 June 2017, the Special Representative of the Secretary General of the Council of Europe on migration and refugees visited Serbia and two transit zones in Hungary. In his report, the Special Representative made several recommendations, including a call on the Hungarian authorities to take the necessary measures, including by reviewing the relevant legislative framework and changing relevant practices, to ensure that all foreign nationals arriving at the border or who are on Hungarian territory are not deterred from making an application for international protection. On 5-7 July a delegation of the Council of Europe Lanzarote Committee (Committee of the Parties to the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse) also visited two transit zones and made a number of recommendations, including a call to treat all persons under the age of 18 years of age as children without discrimination on the ground of their age, to ensure that all children under Hungarian jurisdiction are protected against sexual exploitation and abuse, and to systematically place them in mainstream child protection institutions in order to prevent possible sexual exploitation or sexual abuse against them by adults and adolescents in the transit zones. Hungary pays special attention to the needs of different age and social groups, including but not limited to separated placement, 24/7 presence of social workers, separate accommodation facilities for both families and unaccompanied minors, continuous security service and CCTV video surveillance system to ensure the prevention of any kind of violence, sexual exploitation or abuse. Hungarian authorities trained experts for the successful identification of victims of human trafficking (including sexual exploitation) and unaccompanied children are under supervision by social workers 24 hours a day. Between the age of 14 and 18, three meals a day as well as clothing, health care, education, and religious practice are provided in transit zones and children under the age of 14 are placed in special care institutions inside the country where they get five meals a day. Furthermore, as from 1st January2018 additional regulations were introduced favouring minors in general and unaccompanied minors in specific; among others a specific curriculum was developed for minor asylum seekers.
Amendment 226 #
2017/2131(INL)
Motion for a resolution
Annex I – point 54
Annex I – point 54
(54) In its judgment of 14 March 2017, Ilias and Ahmed v. Hungary, the ECtHR at first instance found that there had been a violation of the applicants’ right to liberty and security. The ECtHR at first instance also found that there had been a violation of the prohibition of inhuman or degrading treatment in respect of the applicants’ expulsion to Serbia, as well as a violation of the right to an effective remedy in respect of the conditions of detention at the Röszke transit zone. The case is currently pending before the Grand Chamber of the ECtHR and therefore it is vital to refrain from prejudging its outcome and thereby attempting to influence the final decision of the ECtHR. The primary responsibility lies with the Grand Chamber of the ECtHR in determining whether or not the right to asylum-shopping shall be recognised by international law.
Amendment 231 #
2017/2131(INL)
Motion for a resolution
Annex I – point 55
Annex I – point 55
(55) On 7 December 2017, the Commission decided to move forward on the infringement procedure against Hungary concerning its asylum legislation by sending a reasoned opinion. The Commission considers that the Hungarian legislation does not comply with Union law, in particular Directives 2013/32/EU5, 2008/115/EC6 and 2013/33/EU7 of the European Parliament and of the Council and several provisions of the Charter, although a crisis situation caused by mass immigration is a circumstance in which Article 72 TFEU entitles Member States ‘to exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security’ and the Asylum Procedures Directive enables Member States to determine the place for lodging the application for international protection in person. It must be underlined that applicants in Hungary cannot be considered to be in detention since everyone wishing to do so can leave the transit zone, only the admittance into the Schengen zone is not permitted until the necessary procedures are finished. In the course of the procedure however, the Hungarian Government is in continuous dialogue with the Commission in order to take into account the Commission’s concerns to the fullest possible extent and also the Commission has accepted several of the originally challenged Hungarian provisions to be in line with EU law. __________________ 5 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 6 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98). 7 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).
Amendment 235 #
2017/2131(INL)
Motion for a resolution
Annex I – point 56
Annex I – point 56
(56) In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that the Hungarian law adopted in March 2017, which allows for the automatic removal to transit zones of all asylum applicants for the duration of their asylum procedure, with the exception of unaccompanied children identified as being below the age of 14, does not meet the legal standards as a result of the lengthy and indefinite period of confinement allowed, the absence of any legal requirement to promptly examine the specific conditions of each affected individual, and the lack of procedural safeguards to meaningfully challenge removal to the transit zones. The Committee was particularly concerned about reports of the extensive use of automatic immigration detention in holding facilities inside Hungary and was concerned that restrictions on personal liberty have been used as a general deterrent against unlawful entry rather than in response to an individualised determination of risk. In addition, the Committee was concerned about allegations of poor conditions in some holding facilities. It noted with concern the push-back law, which was first introduced in June 2016, enabling summary expulsion by the police of anyone who crosses the border irregularly and was detained on Hungarian territory within 8 kilometres of the border, which was subsequently extended to the entire territory of Hungary, and d in line with Article 72 TFEU, which permits Member States to exercise their powers, as regards maintaining public order and internal security in mass migration crisis situations; Hungary therefore, upon intercepting persons inside the country but in connection with an illegal border crossing, exercises its rights in line with Article 72 TFEU with a view to maintain law and order and hence fulfils her obligations stemming from the Schengen Border Code. Decree 191/2015 designating Serbia as a “safe third country” allowing for push- backs at Hungary’s border with Serbia. The Committee noted with concern reports that push-backs have been applied indiscriminately and that individuals subjected to this measure have very limited opportunity to submit an asylum application or right to appeal. It also noted with concern reports of collective and violent expulsions, including allegations of heavy beatings, attacks by police dogs and shootings with rubber bullets, resulting in severe injuries and, at least in one case, in the loss of life of an asylum seeker is fully in line with international and EU standards, since Serbia is a candidate country for EU membership and its accession to the European Union is underway; as there is still no EU list determines safe third countries, Member States can freely decide in this issue. The Committee noted with concern reports that push-backs have been applied indiscriminately and that individuals subjected to this measure have very limited opportunity to submit an asylum application or right to appeal. It was also concerned about reports that the age assessment of child asylum seekers and unaccompanied minors conducted in the transit zones is inadequate, relies heavily on visual examination by an expert and is inaccurate, and about reports alleging the lack of adequate access by such asylum seekers to education, social and psychological services and legal aid, whereas in reality the age assessment of minor asylum seekers is conducted by the medical staffs in the transit zones with scientific methods and the special needs of minors are fully addressed in line with international and EU standards. In accordance with the provisions of the 1951 Geneva Refugee Convention, refugees have not only rights but also duties towards the country in which they find themselves which require, in particular, conforming to its laws and regulations as well as to the measures taken for the maintenance of public order.
Amendment 243 #
2017/2131(INL)
Motion for a resolution
Annex I – point 57
Annex I – point 57
Amendment 244 #
2017/2131(INL)
Motion for a resolution
Annex I – point 57
Annex I – point 57
(57) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated his concern at measures taken to prohibit rough sleeping and the construction of huts and shacks, which have widely been described as criminalising homelessness in practice, which is arguably an overstatement considering that the Fundamental Law of Hungary declares a dignified living as a goal of the state and thus includes a provision on taking care of people without shelter and - in accordance with the position of the European Parliament- is aiming to abolish homelessness affecting public areas. The Commissioner urged the Hungarian authorities to investigate reported cases of forced evictions without alternative solutions and of children being taken away from their families on the grounds of poor socio-economic conditions. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about state and local legislation, based on the Fourth Amendment to the Fundamental Law, which designates many public areas as out- of-bounds for “sleeping rough” and effectively punishes homelessness, whereas the prohibition of residing in public areas is not unique to Hungary but it is a common internationally accepted practice that homeless people are not allowed in certain public areas. Moreover, competences not conferred upon the Union in the Treaties remain with the Member States. This issue clearly falls under the national competence of Member States.
Amendment 246 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58
Annex I – point 58
Amendment 247 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58
Annex I – point 58
(58) The 2017 Conclusions of the European Committee of Social Rights stated that Hungary is not in compliance with the European Social Charter on the ground that self-employed and domestic workers, as well as other categories of workers, are not protected by occupational health and safety regulations, that measures taken to reduce the maternal mortality have been insufficient, that the minimum amount of old-age pensions is inadequate, that the minimum amount of jobseeker’s aid is inadequate, that the maximum duration of payment of jobseeker’s allowance is too short and that the minimum amount of rehabilitation and invalidity benefits, in certain cases, is inadequate. As far as this claim is concerned, the Government of Hungary considers the maintenance and increase in the number of jobs and the expansion of employment as the primary task in the world of work; the government policy is therefore linked to the relatively short duration of job-search support, aiming at encouraging active job search and improving labour market prospects for those who lose their jobs. The Committee also concluded that in Hungary is not in conformity with the European Social Charter on the ground that the level of social assistance paid to a single person without resources, including elderly persons, is not adequate, on the ground that equal access to social services is not guaranteed for lawfully resident nationals of all States Parties and on the grounds that it has not been established that there is an adequate supply of housing for vulnerable families. Contrary to the special monitoring mechanisms related to the European Social Charter, Hungary has performed at or above the level of EU- average in 8 out of the 12 indicators of the renewed Social Scoreboard of the European Pillar of Social Rights, published by the European Commission. Moreover, competences not conferred upon the Union in the Treaties remain with the Member States. This issue clearly falls under the national competence of Member States.
Amendment 251 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 a (new)
Annex I – point 58 a (new)
(58a) In accordance with the Treaties, social and employment policies are strictly of Member States’ competence. Regarding the social rights mentioned in the draft report, specific EU standards were adopted only in the areas of workplace health and safety. Due to their falling into Member States’ competence, social rights show significant divergence based on economic development and other societal factors and therefore can hardly be interpreted and measured within the framework of Article 2 of TEU.
Amendment 256 #
2017/2131(INL)
Motion for a resolution
Annex I – point 59
Annex I – point 59
Amendment 257 #
2017/2131(INL)
Motion for a resolution
Annex I – point 59
Annex I – point 59
(59) In its Recommendation of 11 July 2017 on the 2017 National Reform Programme of Hungary and delivering a Council opinion on the 2017 Convergence Programme of Hungary, the Council indicated that the adequacy and coverage of social assistance and unemployment benefits is limited, that the duration of unemployment benefits is still the lowest in the Union at 3 months, below the average time required by jobseekers to find employment, and that the 2015 social assistance reform streamlined the benefits system but does not seem to have guaranteed a uniform and minimally adequate living standard for those in need. In reality however, the relevant services of the Hungarian system guarantee a minimal income for people in their active years and the 2015 reform lead to a more transparent welfare system and granted municipalities the right to create a system of provisions which better corresponds to local needs; they can determine the types and checklists for the services under their jurisdiction, and so they can regulate further forms of care tailored to the need of the local population. However, competences not conferred upon the Union in the Treaties remain with the Member States. This issue clearly falls under the national competence of Member States.
Amendment 258 #
2017/2131(INL)
Motion for a resolution
Annex I – point 59 a (new)
Annex I – point 59 a (new)
(59a) Acknowledges the commitment of the Hungarian Government to establish a ‘workfare society’ and achieving the fourth lowest unemployment rate in the EU with 3.8%; further acknowledges the crucial acts Hungary has implemented in order to diminish the trap-like effect of the dependence on welfare in the disadvantaged areas of the country, for example the public employment program which plays a significant role also in social policy and the European Commission has recognised the substantial steps that have been taken to encourage a transition to the primary labour market from public employment.
Amendment 259 #
2017/2131(INL)
Motion for a resolution
Annex I – point 61
Annex I – point 61
(61) For those reasons, it should be determined, in accordance with Article 7(1) TEU, that there is a that the circumstances presented fall short of proving any clear risk of a serious breach by Hungary of the values referred to in Article 2 TEU,
Amendment 260 #
2017/2131(INL)
Motion for a resolution
Annex I – point 61
Annex I – point 61
(61) For those reasons, it should be determined, in accordance with Article 7(1) TEU, that there is ano clear risk of a serious breach by Hungary of the values referred to in Article 2 TEU,
Amendment 261 #
2017/2131(INL)
Motion for a resolution
Article 1 – paragraph 1
Article 1 – paragraph 1
There is ano clear risk of a serious breach by Hungary of the values on which the Union is founded.
Amendment 262 #
2017/2131(INL)
Motion for a resolution
Article 1 – paragraph 1
Article 1 – paragraph 1
There is ano clear risk of a serious breach by Hungary of the values on which the Union is founded.
Amendment 263 #
2017/2131(INL)
Motion for a resolution
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 201 #
2017/2122(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses profound concern that minorities are still at a heightened risk of discrimination and are especially vulnerable to political, economic, environmental and labour-related changes and disruptions; notes that many have little or no access to political representation and are acutely affected by poverty; stresses that the EU should intensify its efforts to eradicate the violations of human rights committed against minorities; stresses that ethnic and linguistic minority communities have special needs and their full access and equal treatment should be guaranteed in all areas of economic, social, political and cultural life;
Amendment 265 #
2017/2122(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Expresses profound concern at and solidarity with the large number of refugees and migrants who suffer grave human rights violations as the victims of conflicts, persecution, governance failures and illegal migration, trafficking and smuggling networks; stresses the urgent need to tackle the root causes of migration flows and therefore to address the external dimension of the refugee crisis, including by finding sustainable solutions to conflicts in our neighbourhood by developing cooperation and partnerships with the third countries concerned; calls on the EU and its Member States to supply humanitarian assistance in the field of education, housing, health and other humanitarian purposes that aid the refugees closest to their homeland and foster their return there; underlines the need for a comprehensive human-rights-based approach to migration and calls for the EU to collaborate further with the UN, regional organisations, governments and NGOs;
Amendment 7 #
2017/2069(INI)
Draft opinion
Citation 4 (new)
Citation 4 (new)
– having regard to the Copenhagen criteria, and the body of Union rules that a candidate country must fulfil if it wishes to join the Union (the acquis),
Amendment 14 #
2017/2069(INI)
Draft opinion
Citation 11 (new)
Citation 11 (new)
– having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,
Amendment 15 #
2017/2069(INI)
Draft opinion
Citation 12 (new)
Citation 12 (new)
– having regard to the study commissioned by the Policy Department C of the European Parliament at the request of the LIBE committees in 2016 entitled “Towards a Comprehensive EU Protection System for Minorities”,
Amendment 46 #
2017/2069(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas, when laying down the citizenship of the Union, article 9 of the TEU expressly mentions that the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies; whereas, despite the fact that equality and non-discrimination are key principles of the European legal framework, European citizens belonging to national and linguistic minority groups can be treated differently, depending on which EU Member State they live in and contingent on their country’s history, on national and international political contexts etc.;
Amendment 47 #
2017/2069(INI)
Ea. whereas experience shows that, pre-accession countries are more willing to respect the Copenhagen criteria on democracy, rule of law and fundamental rights and to advance the situation of minorities; whereas at present there is no adequate framework to guarantee the fulfilment of these criteria after accession and thus to protect EU citizens from the effects breaches of the Copenhagen criteria would entail;
Amendment 50 #
2017/2069(INI)
Draft opinion
Recital E b (new)
Recital E b (new)
Eb. whereas at present, except for infringement procedures, the EU has only tools of limited efficacy to respond to systematic and institutional manifestations of discrimination, racism and xenophobia against national and linguistic minorities across the EU Member States; whereas infringement proceedings do not cover threats falling outside the scope of EU secondary law;
Amendment 101 #
2017/2069(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is of the opinion that, in order to fill with substance the reference made to minorities in article 2 of the TEU, and to the equality of all EU citizens in article 9 TEU, the aim of the EU should be to lay down high standards of minority protection, starting from those codified in international law instruments, such as those of the Council of Europe. Such standards should be strongly embedded in a legal framework guaranteeing democracy, rule of law and fundamental rights across the EU;
Amendment 104 #
2017/2069(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that observation by the EU of the TEU requirement to respect, safeguard and enhance Europe’s cultural and linguistic diversity in the EU both among and within Member States would greatly reinforce the links between citizens and the European project;
Amendment 206 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 374 #
2017/0293(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. A target which is a reduction specified in Article 1(5)(a) on the average specific emissions of CO2 in 2021 or, where a single application is made in respect of a number of connected undertakings, a reduction specified in Article 1(5)(a) on the average of those undertakings’ average specific emissions of CO2 in 2021.
Amendment 539 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A a (new)
Annex I – part A a (new)
Aa For a manufacturer that has been granted a derogation with regard to a specific emissions target from 2030 onwards, the derogation target shall be calculated as follows: Derogation target from 2030 = WLTPCO2 ・(1-[reduction factor2030]) Where: WLTPCO2: Is the average specific emissions of CO2 in 2021 determined in accordance with Annex XXI to Regulation 2017/1151 without including CO2 saving resulting from the application of Articles 5 and 11 of this Regulation. Reduction factor 2030: Is the reduction specified in Article 1(5)(a).
Amendment 117 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days, or for the foreseeable duration of the serious threat if its duration exceeds 30 days, but not exceeding six monthsas a last resort measure. The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat. The total period during which border control at internal borders is reintroduced under Articles 27, 27a and 28 shall not be prolonged under or combined with Article 29. The total period during which border control is reintroduced at internal borders, including any prolongation provided for under Articles 27, 27a, 28 and 29, shall not exceed two years.
Amendment 207 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2016/399
Article 28 a (new)
Article 28 a (new)
(3a) the following Article is inserted: "Article 28a Any reintroduction or prolongation of border controls at internal borders made before ... [the entry into force of this Regulation] shall be taken into account for the purpose of calculation of the periods referred to in Articles 27,27a and 28 while on the same time the provisions of Articles 27 and 27a shall apply."
Amendment 122 #
2017/0145(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 3
Article 13 – paragraph 4 – subparagraph 3
Where a backup site or a second technical site is provided for in the legislative instruments governing the development, establishment, operation and use of each of the systems, this site shall be installed in Sankt Johann im Pongau, Austriais required to ensure full functionality of the systems, this site shall be installed in Sankt Johann im Pongau, Austria. With regard to the implementation of new systems, the Management Board together with the Commission shall evaluate and assess the specific requirements of these systems and recommend technical solutions that ensure best use of and connectivity with the backup site. The backup site may be used simultaneously for active operation of the large-scale IT systems provided that it remains capable of ensuring operation in the event of a failure of one or more of the systems.
Amendment 1 #
2016/2328(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the UN Convention on the Right of the Child;
Amendment 5 #
2016/2328(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 7 #
2016/2328(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- Having regard to Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children online and offline and to the European Parliament Resolution on the implementation of the Directive of 14 December 2017;
Amendment 12 #
2016/2328(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- Having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled ‘Child-friendly justice -Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,
Amendment 62 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of child victims, LGBT victims and victims of hate crimes and honour- related crimes;
Amendment 85 #
2016/2328(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- the fact that clear information is often not provided in more than one language, making it de facto difficult for victims to seek protection abroad in another Member State;
Amendment 96 #
2016/2328(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encouragescalls on the Member States to promote access to justice, as this contributes greatly to breaking the silence and increasing the victim’s sense of justice, decreases the possibility of impunity and allows the victim to begin the process of psychological recovery;
Amendment 114 #
2016/2328(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that one of the most important objectives of the Victims’ Rights Directive wais to improve the position of victims of crime across the EU and to place the victim at the centre of the criminal justice system;
Amendment 119 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to step up criminal procedure law measures guaranteeing the protection of child victims throughout the entirety of criminal proceedings and thereafter to ensure that they receive assistance and support, thereby avoiding that child victims are exposed to secondary victimisation;
Amendment 131 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minorschildren and of child victims of human trafficking, child sexual abuse and exploitation; recalls that child victims shall be always considered to have specific protection needs due to their vulnerability as foreseen in art.22 par 4 of the Directive;
Amendment 136 #
2016/2328(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certain rights, and the right to make decisions, in the proceedings they are involved in and, if a child, the right to have access to the specific procedural safeguards that would apply to them from the very beginning of the legal proceedings;
Amendment 162 #
2016/2328(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that lack of information in other languages may constitutes an obstacle for the effective protection of the victim and a form of discrimination against the victim;
Amendment 166 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law, including the specific needs of child victims;
Amendment 171 #
2016/2328(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate for victims to report the crimes they have suffered; Calls on the Member States to step up specific measures to protect more effectively child victims of child sexual abuse by also improving the role of national helplines, given that self- reporting of children is limited;
Amendment 183 #
2016/2328(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards taking in consideration vulnerable groups such as children and people with disabilities, so that victims can be kept informed in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 207 #
2016/2314(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. While commending the establishment of the Inter-Ministerial Coordination Group for Human Rights in May 2016, highlights that strong political will is needed in order for the Group to deliver its mandate; at the same time expresses concern that legislation regarding minorities are not being properly implemented, and not enough resources are dedicated to ensure protection of minorities;
Amendment 209 #
2016/2314(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Reiterates the fact that the draft law on freedom of religion needs to be adopted and should include the Venice Commission's recommendations on the matter; expresses concern at the local resistance to the implementation of the ruling on the return of its property to the Kosovo Serbian Orthodox church, and calls on actors to implement the ruling; condemns the fact that explosive materials were placed at the mosque in Drenas/Glogovac, and reiterates the fact that all citizens of Kosovo need to respect the rights of religious groups;
Amendment 178 #
2016/2313(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for boosting efforts to combat radicalisation and further measures to identify, prevent and disrupt the flow of foreign fighters, including by close cooperation with relevant services of the Member States and countries in the region; calls for the introduction of programmes on de-radicalisation and preventing youth radicalisationzation in cooperation with civil society, through comprehensive human rights education to help deconstruct narratives on radicalisation, and encourage youth participation in the democratic political process; further calls for the need to address the different stages of radicalisation and provide tools for reintegration and rehabilitation of individuals back into society;
Amendment 217 #
2016/2313(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for further efforts to increase the participation of women in political and public life and employment, to improve their socio- economic situation and to strengthen women’s rights on the whole; further urges the government to strengthen the enforcement of laws prohibiting discrimination and combating violence against women so that women can use the protections available to them under the law, in accordance with the international conventions dealing with the prevention of and protection from domestic violence that BiH has signed and ratified;
Amendment 251 #
2016/2313(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Remains concerned by the continued fragmentation, inefficiency and complexity of the education system; calls for countrywide common core curricula, inclusive and non- discriminatory common core curricula that promotes tolerance and intercultural understanding among the different ethnic groups and better coordination between the different levels of education governance; continues to be concerned about the persistently high school-drop-out rates of Roma pupils; regrets the slow progress in addressing and resolving the issue of ‘two schools under one roof’ and other forms of segregation and discrimination in schools;
Amendment 31 #
2016/2311(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the implementation of the legal framework on the protection of minorities needs to be fully ensured, notably in the areas of education, use of language, access to media and religious services in minority language, and adequate political representation of national minorities at local, regional and national levels;
Amendment 43 #
2016/2311(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the opening of negotiations on Chapters 23 (Judiciary and Fundamental Rights) and 24 (Justice, Freedom and Security) as the key chapters in the EU approach to enlargement based on the rule of law; welcomes the opening of Chapters 32 (Financial Control) and 35 (Other Issues), the opening of negotiations on Chapter 5 (Public Procurement) and the opening and provisional closure of Chapter 25 (Science and Research); calls on the Council to open Chapter 26 (Education and Culture) and all other negotiating chapters which have been technically prepared;
Amendment 53 #
2016/2311(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the continued engagement of Serbia on the path of integration into the EU and its constructive and well-prepared approach to the negotiations, which is a clear sign of determination and political will; calls on Serbia to actively promote this strategic decision among the Serbian population; calls on the European Commission and the Serbian government to take coordinated steps in order to intensify visibility of investments and funding from the EU budget so that increase the awareness of citizens of the EU funds directed to Serbia;
Amendment 68 #
2016/2311(INI)
3. Underlines that the thorough implementation of reforms and policies remains a key indicator of a successful integration process; commends the adoption of Revised National Programme for the Adoption of Aquis (NPAA); calls on Serbia to improve the planning, coordination and monitoring of the implementation of new legislation and policies;
Amendment 78 #
2016/2311(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the progress made by Serbia in developing a functioning market economy and the improvement of the overall economic situation in the country; stresses that Serbia has made good progress in addressing some of its policy weaknesses, in particular with regard to the budget deficit; highlights that growth prospects have improved and domestic and external imbalances have been reduced; underlinin view of harmonization with aquis communautaire welcomes that the restructuring of publicly owned enterprises has advanced; notes the paramount importance of smal, particularly in the field of energy and railway transportation and underlines the importance of their professional mand medium-sized enterprises (SMEs) to Serbia'sagement in order to make them more effective, competitive and economyic;
Amendment 82 #
2016/2311(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the paramount role of small and medium-sized enterprises (SMEs) for Serbia's economy; calls the Serbian government and the EU institutions to expand their funding opportunities for SMEs, especially in the field of IT and digital economy; commends its efforts concerning dual and vocational education in order to address youth unemployment and encourages it to promote entrepreneurship, particularly among young people;
Amendment 110 #
2016/2311(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Serbia to progressively align its foreign and security policy with that of the EU, including its policy on Russia; welcomes Serbia’s important contribution to and continued participation in international peacekeeping operations;
Amendment 156 #
2016/2311(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes Serbia's active role in police and judicial cooperation on international and regional level and the progress made in the fight against organised crime and the adoption of Serbia’s first national serious and organise crime threat assessment (SOCTA); calls on Serbia to step up efforts to investigate wider criminal networks, improve financial investigations and intelligence-led policing and develop a solid track record of final convictions; has taken note of the controversial events in Belgrade’s Savamala district and calls for their swift resolution;
Amendment 184 #
2016/2311(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the importance of all independent regulatory bodies, including the Ombudsman, in ensuring oversight and accountability of the executive; calls on the authorities to provide the Ombudsmanindependent regulatory bodies with full political and administrative support for histheir work;
Amendment 210 #
2016/2311(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the legislative and institutional framework for observance of international human rights law is in place; stresses that consistent implementation across the whole country is needed; notes that further sustained efforts are needed to improve the situation of persons belonging to vulnerable groups, including persons with disabilities, and persons with HIV/AIDS and LGBTI persons;
Amendment 231 #
2016/2311(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WUnderlines the importance of consistent legal framework on the rights of national minorities and the clarification of legal status and jurisdiction of national minority councils, hence commends the progress made in the drafting of the Law on rights and freedoms of national minorities and that a working group was appointed to draft the amendments of the Law on national councils of national minorities; welcomes the adoption of an action plan for the realisation of the rights of national minorities, and the adoption of a decree establishing a fund for national minorities; calls for the full and timely implementation of the action plan; reiterates its call on Serbia to ensure consistent and effective implementation of legislation on protection of minorities, including in relation to education, use of languages, adequate representation in judiciary and public administration and access to media and religious services in minority languages; calls for the swift implementation of the new Law on police which enables a recruitment of citizens with dual- citizenship as a police officers, thus contributing to adequate representation of national minorities as well;
Amendment 239 #
2016/2311(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Welcomes the adoption of new educational standards for the subject Serbian as non-mother tongue and calls the authorities to swiftly adopt a new curriculum accordingly, thus enabling national minorities to acquire the language of majority on the appropriate level helping their inclusion and participation in the Serbian society and public life;
Amendment 267 #
2016/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that Serbia remains constructively committed to bilateral relations with other enlargement countries and neighbouring EU Member States; has taken positive note of the fact that Serbia has shown an increasingly constructive engagement in regional cooperation initiatives such as the South- East Europe Cooperation Process, the Regional Cooperation Council, the Central European Free Trade Agreement, the Adriatic-Ionian Initiative, the Brdo process, the Western Balkan Six initiative and its connectivity agenda and the Berlin process; calls on Serbia to implement the connectivity reform measures associated with the connectivity agenda; commends the role of the Chamber of Commerce and Industry of Serbia in promoting regional cooperation by taking a lead in setting up and developing the Western Balkan Chamber Investment Forum which plays important role in the framework of the Berlin Process and calls upon the Commission and other regional organizations to support the efforts of the Forum and facilitate its capacity building; underlines that outstanding bilateral disputes should not have a detrimental effect on the accession process; welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; notes that the mandate of the former War Crimes Prosecutor expired in December 2015; stresses that the appointment of his successor is a matter of serious concern; calls for the implementation of this strategy and the adoption of an operational prosecutorial strategy; calls for full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); urges the authorities to continue working on the issue of the fate of missing persons;
Amendment 304 #
2016/2311(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes Serbia’s continued engagement in the normalisation process with Kosovo, and its commitment to the implementation of the agreements reached in the EU- facilitated dialogue; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached and to determinedly continue the normalisation process; urges the establishment of the Community of Serbian Municipalities; encourages Serbia and Kosovo to identify new areas of discussion for the dialogue, with the aim of improving the lives of people and comprehensively normalising relations; reiterates its call on the EEAS to carry out an evaluation of the performance of the sides in fulfilling their obligations;
Amendment 320 #
2016/2311(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Serbia to fully implement the connectivity reform measures in the energy sector; encourages Serbia to develop competition in the gas market and to take measures to improve alignment with the acquis in the fields of energy efficiency and renewable energy, and calls on Serbia to focus more strongly on green energy and to decrease the country's dependency on energy imports;
Amendment 172 #
2016/2310(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Appreciates the continued efforts to fight Islamic radicalisation; welcomes the adoption of the 2013-2019 strategy to fight terrorism, which also defines the concepts of violent extremism, radicalisation, prevention and reintegration; calls for more cooperation between security agencies and civil society organisations (CSOs) and local communities in addressing the different stages of radicalisation and in elaborating tools for reintegration and rehabilitation; further calls for continued monitoring of returning foreign fighters by security services;
Amendment 11 #
2016/2309(INI)
Motion for a resolution
Recital B
Recital B
B. whereas further progress has been made in the accession negotiations; whereas Montenegro is currently considered to be the most advanced in its accession process; whereas the legal framework in the area of the rule of law is largely complete and the institutional set- up is in place;
Amendment 37 #
2016/2309(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the continued steady progress in the accession negotiations, noting that so far 26 chapters have been opened for negotiations and 2 chapters have been provisionally closed; encourages Montenegro to work on meeting all benchmarks and to continue focusing on the fundamentals of the accession process; recalls that it is essential to deliver concrete results with a strong implementation record; looks forward to opening and closing further chapters in the accession negotiations in 2017;
Amendment 124 #
2016/2309(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes some progress in improving the situation of minorities by completing several legislative reforms to further align with the EU and international human rights standards and ensure that adequate mechanisms are in place to protect vulnerable groups from discrimination; welcomes the adoption of a 2016-2020 strategy and action plan for the social inclusion of Roma and Egyptians; calls for an appropriate budget to be allocated so that the action plan may be implemented properly; encourages the competent authorities to continue to strengthen efforts to safeguard the rights of LGBTI people, notwithstanding the difficulties in acceptance of sexual diversity within Montenegrin society; remains concerned that most public buildings, including medical centres and university faculties, are still not accessible to people with disabilities;
Amendment 191 #
2016/2309(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes Montenegro’s proactive participation and continued constructive role in regional and international cooperation; and in good neighborly relations; strongly commends Montenegro for continuing fully to align its foreign policy with the EU’s Common Foreign and Security Policy; encourages it to continue to address, in a constructive and neighbourly spirit, outstanding bilateral issues with its neighbours, including the unresolved border demarcation issues with Serbia and Croatia;
Amendment 1 #
2016/2239(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to Article 18 of the Universal Declaration of Human Rights, to Article 18 of the International Covenant on Civil and Political Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and the EU Guidelines on the promotion and protection of freedom of religion or belief;
Amendment 161 #
2016/2239(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms, in this context, its strong condemnation of the heinous crimes and human rights violations committed by ‘'ISIS/Daesh’' in Syria and Iraq, including killings, torture, rape, sexual slavery, forced religious conversions and the systematic murder of religious minoritieattacks against and murder of religious and ethnic minorities, especially of Christians; reiterates that under international law each individual has the right to live according to his or her conscience and to freely hold and change religious and non-religious beliefs; believes that the prosecution of the perpetrators should be a priority for the international community;
Amendment 182 #
2016/2239(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges all the countries of the international community, including the EU Members States, to work actively on preventing and fighting radicalisation and to improve their legal and jurisdictional systems in order to avoid their nationals and citizens joining 'ISIS/Daesh';
Amendment 369 #
2016/2219(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the need to respect the principle of non-refoulement in European and international waters, as upheld by the European Court of Human Rights and existing EU legislation; recalls the commitment to develop adequate legal and safe migration channels while better protecting the EU's external borders;
Amendment 611 #
2016/2219(INI)
Motion for a resolution
Subheading 17 a (new)
Subheading 17 a (new)
Rights of persons belonging to national minority communities
Amendment 614 #
2016/2219(INI)
Motion for a resolution
Paragraph 67 d (new)
Paragraph 67 d (new)
67d. Emphasises that national minority communities have specific needs, therefore full and effective equality between persons belonging to a national minority and those belonging to the majority should be promoted in all areas of economic, social, political and cultural life; urges the Commission to follow closely the implementation of provisions protecting the rights of persons belonging to national minorities throughout the enlargement process;
Amendment 695 #
2016/2219(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Encourages the international community and the EU to provide protection for minorities, to install safe zones in the regions of conflict, and to build a global coalition, with a view to preventing abductions and preserving the diversity of ethnic, cultural and religious identities; calls for the recognition, self- administration and right to self-defence of ethnic and religious minorities living in areas where they have historically had a strong presence and lived peacefully alongside each other – particular in the Sinjar mountains (Yazidis), the Nineveh plains (Chaldean-Syriac-Assyrian peoples) and other parts of Northern Iraq – and for instruments of reconstruction to be established in order to guarantee the safe return of displaced persons and refugees;
Amendment 137 #
2016/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas migration is an unavoidable partchallenge of the EU’s future and one of the biggest challenges of our times, as it appeals to the EU’s international humanitarian responsibilities and forms a key element for demographic reasons;
Amendment 783 #
2016/2009(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that traditional national minorities who have been living together with or alongside traditional majority cultures for centuries in Europe are facing the negative consequences of the migration crisis, i.e. mistrust towards non-majority autochthonous minorities; believes that the solution to this problem lies in the establishment of minimum standards on protecting the rights of traditional minorities, as preserving European heritage gives added value to diversity; emphasizes that it is necessary to draw clear distinction between national minorities, economic migrants and asylum seekers;
Amendment 789 #
2016/2009(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Emphasises that traditional minority communities have specific needs and that their full equality should be promoted in all areas of economic, social, political and cultural life;
Amendment 797 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on the governments of the Member States to condemn practices which, by means of linguistic discrimination or enforced or concealed assimilation, have in the past been – or are now – directed against the identity and language use of endangered linguistic communities or their cultural institutions;
Amendment 802 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. In the Framework Convention for the Protection of National Minorities (FCNM) adopted by Committee of Ministers of the Council of Europe in 1994, calls on the European Commission to elaborate a European level Directive in order to tackle language discrimination, as there are Directives on how to tackle racism and xenophobia;
Amendment 807 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Calls on the European Commission to strengthen its plan to promote the teaching and use of regional languages, as a potential way to tackle language discrimination in the EU;
Amendment 205 #
2016/0409(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 209 #
2016/0409(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Assessing risk should be seen as integral to the investigation into the disappearance of a person and will indicate the seriousness and urgency of the case. The level of seriousness and urgency has to be established by competent authorities so one can decide whether or not to issue a preventive alert.
Amendment 213 #
2016/0409(COD)
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23 b) The level of risk to which a missing person is exposed must be understood and can be done by assessing their personal circumstances and the environment to which they are exposed. The two combined will indicate how significant the risk is. It is up to the competent authority to determine the level of risk and based on the level of risk whether or not to issue a preventive alert.
Amendment 360 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) (c) children at risk of abduction in accordance with paragraph 43(b), i.e. in order to prevent a future harm that has not yet taken place.
Amendment 367 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. (a) Paragraph 2(a) shall apply in particular to children and to persons who have to be interned following a decision by a competent authority. (b) Paragraph 2c shall apply to children at risk under the following conditions: (i) An alert on a child referred to in paragraph 2c shall be entered at the request of the competent authority of the Member State where the child has gone missing. (ii) The assessment whether a missing child is at risk, should be determined by competent authorities. Following this risk assessment, protocols and tools should support the necessary action to be taken, as included in the alert.
Amendment 372 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. An alert on a child referred to in paragraph 2(c) shall be entered at the request of therequested and ruled by a competent judicial authority of the Member State that has jurisdiction in matters of parental responsibility in accordance with Council Regulation No 2201/200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where that competent judicial authority is situatedin accordance with Council Regulation No 2201/200374. In Member States which are party to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children and where Council Regulation No 2201/2003 does not apply, the provisions of the Hague Convention are applicable. _________________ 74 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
Amendment 400 #
2016/0357A(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board;
Amendment 539 #
2016/0357A(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The travel authorisation fee shall be waived for children under eighteen years and for persons over sixty years.
Amendment 623 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. A consulted Member State may request the ETIAS Central Unit to be responsible Member State for reasons of national interest.
Amendment 753 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The ETIAS watchlist, as part of the Central System, shall consist of data related to persons who are suspected of having committed or taken part in a criminal offence or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences.
Amendment 758 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. On the basis of the information referred to in paragraph 2 and relevant Europol data, Europol shall establishmanage the ETIAS watchlist composed of items consisting of one or more of the following data elements:
Amendment 871 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In accordance with Article 26 of the Convention Implementing the Schengen Agreement carriers shall consult the ETIAS Central System at the time of check-in of the passengers in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 875 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
Amendment 881 #
2016/0357A(COD)
Proposal for a regulation
Chapter 8 – title
Chapter 8 – title
Use of ETIAS by border authorities at the external borders and by immigration authorities of Member States
Amendment 892 #
2016/0357A(COD)
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42 a Access to data by immigration authorities of Member States The immigration authorities of the Member States may search the ETIAS Central System using the data contained in the machine readable zone of the travel documents for the purpose of checking or verifying if the conditions for entry or stay on the territory of the Member States are fulfilled and for the purpose of returns.
Amendment 1019 #
2016/0357A(COD)
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu-LISA shall also implement any necessary adaptations to the EES, SIS, Eurodac, ECRIS or VIS deriving from the establishment of interoperability with the ETIAS.
Amendment 29 #
2016/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand and need for access to broadcasts of television and radio programmes, including catch-up services, not only originating in their Member State but also in other Member States of the Union, includingespecially from members of linguistic minorities of the Union as well as from, persons who live in another Member State than their Member State of origin as well as persons who study other languages than their mother tongue.
Amendment 40 #
2016/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.
Amendment 61 #
2016/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.
Amendment 70 #
2016/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary tof broadcasters and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.
Amendment 78 #
2016/0284(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.
Amendment 164 #
2016/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.
Amendment 203 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non-linear radio or television programmes before, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;
Amendment 236 #
2016/0284(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origin’ to ancillary online services
Amendment 247 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.
Amendment 272 #
2016/0284(COD)
Exercise of the rights in retransmission and in re-use of broadcasting organisations' on-demand services by right holders other than broadcasting organisations
Amendment 300 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5 a) The principles of paragraphs 1 to 5 shall apply also to the integral re-use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.
Amendment 491 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) '‘application for international protection'’ or 'application' means a request made by a third-country national or a stateless person for protection from a Member State, who can be understood as seeking refugee status or subsidiary protection status;
Amendment 537 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
Amendment 641 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellor and/or legal representatives have access to the information referred to in Article 33(2)(e) required for the examination of applications and to the information provided by the experts referred to in Article 33(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.
Amendment 731 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording or the transcript for ten years from the date of a final decisionIt shall be for the Member States to determine the storage period for the recording or the transcript. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 777 #
2016/0224(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The legal adviser or other counsellorrepresentative who assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 844 #
2016/0224(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The decision on the application of a minor shall be preparedtaken by personnel of the determining authority who have the necessary knowledge of the rights and special needs of minors.
Amendment 1016 #
2016/0224(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Applications on behalf of a spouse, partner, minor or dependent adult
Amendment 1024 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.
Amendment 1031 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.
Amendment 1039 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.
Amendment 1050 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.
Amendment 1067 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 1
Article 31 – paragraph 10 – subparagraph 1
For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1071 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 2
Article 31 – paragraph 10 – subparagraph 2
Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.
Amendment 1094 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
(f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.
Amendment 1185 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
b) a spouse, partner or minor has not lodged his or her application after the applicant failed to lodge the application on his or her own behalf as referred to in Article 31(3) and (8);
Amendment 1201 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 1209 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 1218 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
(5) Where an application is implicitly withdrawn, the determining authority shall take a decision to rejechalt the application as abandoned or as unfounded. where the determining authority has, at the stage that the application is implicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1486 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 1489 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
Amendment 1492 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
Amendment 1495 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 3
Article 50 – paragraph 3 – subparagraph 3
Amendment 1499 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
Amendment 106 #
2016/0223(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31 OJ L 337, 20.12.2011, p. 9. OJ L 337, 20.12.2011, p. 9.
Amendment 110 #
2016/0223(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States.
Amendment 127 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.
Amendment 129 #
2016/0223(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 157 #
2016/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation.
Amendment 187 #
2016/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority.
Amendment 233 #
2016/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 267 #
2016/0223(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 278 #
2016/0223(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Access to healthcare, including both physical and mentalbasic healthcare, should be ensured to beneficiaries of international protection.
Amendment 286 #
2016/0223(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shallould have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory.
Amendment 335 #
2016/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
Amendment 338 #
2016/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) 'guardian' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation and exercising legal capacity for the minor where necessary.;
Amendment 401 #
2016/0223(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities shall base themselves onmay take into account any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].
Amendment 411 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. The applicant shall not be required to prove that, before seeking international protection, he or she has exhausted all possibilities to obtain protection in his or her country of origin.
Amendment 416 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, determining authorities shallmay at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with Article 4. To that end, determining authorities shall ensure that precise and up-to-date information is obtained from all relevant sources, including available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum], as well as information and guidance issued by the United Nations High Commissioner for Refugees.
Amendment 418 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.
Amendment 450 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity, to avoid the risk of persecution in his or her country of origin, provided such practices and behaviour is not contradicting Union law and norms.
Amendment 460 #
2016/0223(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) shall base itself ontake into account precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 465 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 466 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
Article 12 – paragraph 2 – point a b (new)
(ab) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 515 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawunless specified otherwise.
Amendment 556 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) shall base itself on precise andtake into account up- to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 566 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
(ea) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 568 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e b (new)
Article 18 – paragraph 1 – point e b (new)
(eb) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 586 #
2016/0223(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateunless sperson with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawcified otherwise.
Amendment 636 #
2016/0223(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall in principle not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.
Amendment 680 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the threone month period referred to in those provisions.
Amendment 703 #
2016/0223(COD)
Proposal for a regulation
Chapter 7 – section 3 – title
Chapter 7 – section 3 – title
Rights and obligations related to integration
Amendment 716 #
2016/0223(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 729 #
Amendment 731 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to basic healthcare under the same eligibility conditions as nationals of the Member State that has granted such protection.
Amendment 751 #
2016/0223(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States who are in a comparable situation.
Amendment 770 #
2016/0223(COD)
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Amendment 795 #
2016/0223(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
This Regulation shall start to apply from [sixtwelve months from its entry into force].
Amendment 217 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall require applicants to inform the competent authorities of their current place of residence or address orand a telephone number where they may be reached and notify any change of telephone number, place of residence or address to such authorities as soon as possible.
Amendment 306 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Member States shall ensure that applicants, who have beendecide the conditions for granteding access to the labour market in accordance with paragraph 1,for the applicant, in accordance with their national law, while ensuring that applicants have effective access to the labour market.
Amendment 311 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
For reasons of labour market policies, Member States may verify whether a vacancy could be filled by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member Stategive priority to Union citizens and nationals of States party to the Agreement on the European Economic Area, and to legally resident third-country nationals.
Amendment 369 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the level(s) established by the Member State concerned either by law or by the practice to ensure adequate standards of living for nationals. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is partially provided in kind or where those level(s), applied for nationals, aim to ensure a standard of living higher than that prescribed for applicants under this Directive. Member States shall inform the Commission and the European Union Agency for Asylum of the levels of reference applied by national law or practice with a view to determining the level of financial assistance provided to applicants in accordance with this paragraph.
Amendment 392 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 3
Article 17 – paragraph 9 – subparagraph 3
Amendment 521 #
2016/0222(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 522 #
2016/0222(COD)
Proposal for a directive
Article 28
Article 28
Amendment 156 #
2016/0176(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications andbe introduced in order to stress that alongside formal educational qualifications, when provided for under national law, equivalent professional experience shouldmay be taken equally into account as criteria for admission. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non-formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non-formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States, an additional transposition period of two years after the entry into force of this Directive should be provided for the provisions related to recognising professional experience in order to enable Member States, where necessaryit is the case, to develop such mechanisms and arrangements. Member States’ National Contact Points on the EU Blue Card should be involved in effective cooperation with stakeholders and networks in the education, training, employment and youth sectors, as well as other relevant policy areas, for the purpose of recognising professional experience under this Directive. _________________ 32 Council Recommendation of 20 December 2012 on the validation of non- formal and informal learning (2012/C 398/01) (OJ C 398, 22.12.2012, p. 1). 33 Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (OJ L 394, 30.12.2006, p. 10).
Amendment 209 #
2016/0176(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A lower salary threshold should also be laid downmay be applied by Member States to benefit third- country nationals during a certain period after their graduation. This period shouldmay be granted each time that the third-country national reaches a level of education relevant for the purposes of this Directive, namely levels 6, 7 or 8 of ISCED 2011, or levels 6, 7 or 8 of EQF, according to the national law of the Member State concerned. It shouldmay apply whenever the third-country national applies for an initial or renewed EU Blue Card within three years from the date of obtaining the qualifications and in addition, when that third-country national applies for a first renewal of the EU Blue Card and the initial EU Blue Card was issued for a period shorter than 24 months. After these grace periods – which may run in parallel – have elapsed the young professionals can be reasonably expected to have gained sufficient professional experience in order to fulfil the regular salary threshold.
Amendment 229 #
2016/0176(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Since EU Blue Card holders are highly skilled workers contributingThe rational behind the EU Blue Card scheme is to addressing labour and skills shortages in key sectors, the principle of access to in the EU labour market should be the general rule. However, in circumstances where the domestic labour market undergoes serious disturbances such as a high level of unemployment in a given occupation or sector, which may be limited to particular regions or other parts of the territory, a Member State should be able to take into account the situation of its labour market before issuing an EU Blue Card, consequently Member State should have the possibility to check whether the job vacancy could not be filled by a national of that country or another EU citizen or by third country nationals lawfully residing in that Member State and already part of the EU’s labour market.
Amendment 232 #
2016/0176(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 282 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) “highly skilled employment” means the employment ofin a person who: osition requiring higher professional qualifications, where the person:
Amendment 294 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) “higher professional skills” means knowledge, skills attested where provided for by national law or national procedures by at least three years of professional experience of a level comparable to higher education qualifications and which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 316 #
2016/0176(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) who have been awarded refugee status or subsidiary protection;
Amendment 326 #
2016/0176(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 368 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. By way of derogation from paragraph 2, and for employment in professions which are in particular need of third-country national workers and which belong to major groups 1 and 2 of ISCO, thea Member State may apply a lower salary threshold shall beof at least 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2.
Amendment 376 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 2, as regards third-country nationals who have obtained a higher education qualification not more than three years before submitting the application for an EU Blue Card, thea Member State may apply a salary threshold shall beof at least 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2. The period of three years shall reapply after the attainment of each level of higher education qualifications.
Amendment 382 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shallmay facilitate the validation and recognition of documents attesting the relevant higher professional qualifications pursuant to point (c) of paragraph 1.
Amendment 391 #
2016/0176(COD)
where the applicant poses a threat to public security or health.
Amendment 394 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 401 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 406 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. A Member State may check whether the job vacancy could not be filled by a national of that country or another EU citizen or by third country nationals lawfully residing in that Member State and already part of the EU’s labour market.
Amendment 429 #
2016/0176(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
for public security and health reasons.
Amendment 447 #
2016/0176(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 a (new)
Article 7 – paragraph 2 – subparagraph 1 a (new)
where the third-country national’s real purpose of residing differs from those for which he or she applied to be admitted.
Amendment 479 #
2016/0176(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The competent authorities of the Member States shall adopt a decision on the application for an EU Blue Card and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned. The notification shall be made at the latest within 690 days of the date of submission of the application.
Amendment 507 #
2016/0176(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
EU Blue Card holders - when fulfilling the criteria for admission in Article 5 - shall have full access to highly skilled employment in the Member State concerned. Member States may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in Article 5 are communicated in accordance with procedures laid down by national law.
Amendment 512 #
2016/0176(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 a (new)
Article 13 – paragraph 1 – subparagraph 1 a (new)
1a. In case of a change of employer of the Blue Card holder in the first 2 years of employment in a Member State, the concerned Member State may require that this change of employer be subject to the check set out in Article 6(2a).
Amendment 559 #
2016/0176(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Amendment 281 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC with the exception of point (g) in Article 2(2) of Directive 2006/123/EC.
Amendment 362 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) receive electronically supplied services, the main feature of which is the provision of access to and use of copyright-protected works or other protected subject matter, in respect of which the trader has the requisite rights for the territory from which the consumer seeks to receive such services;
Amendment 67 #
2016/0151(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The exposure of children to violence through graphic images should also be limited through content rating rules.
Amendment 82 #
2016/0151(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Video sharing platforms also represent breeding ground for terrorist propaganda. Youngsters represent the most vulnerable group when it comes to radicalization via the internet. Cooperation between internet providers, EU agencies and national authorities is vital to combat these tendencies via the removal of radical content and the elaboration of positive counter-narratives.
Amendment 83 #
2016/0151(COD)
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26b) Cyberbullying is becoming increasingly common, especially among teenagers, and it can take place also on video sharing platforms. Programs should be put in place for prevention of cyberbullying through anti-bullying campaigns and the promotion of online safety instruction on how to use the Internet properly.
Amendment 122 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred, hatred or hate speech directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.;
Amendment 123 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service, which properly warns parents to restrict their children from watching certain programs.
Amendment 131 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data.
Amendment 177 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 205 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.
Amendment 212 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 215 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 220 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 233 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 242 #
2016/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 249 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 256 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.
Amendment 264 #
2016/0133(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The [General Data Protection Regulation (EU) .../2016] applies to the processing of personal data by the Member States under this Regulation from the date set out in that Regulation; until this date Directive 95/46/EC applies. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to and from the automated system and to the authorities competent for carrying out security checks.
Amendment 279 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 324 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5
Article 2 – paragraph 1 – point g – indent 5
- the sibling or siblings of the applicant, where the proof of the relationship is provided;
Amendment 338 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 341 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 343 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 366 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Directive 2013/32/EU.
Amendment 615 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 655 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The Member State with which an application for international protection is lodged shall enter in the automated system referred to in Article 44(1) within the period referred to in Article 10 (1) of Regulation [Proposal for a Regulation recasting Regulation (EU) 603/2013] that:
Amendment 658 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Upon entry of the information pursuant to paragraph 1, the automated system referred to in Article 44 shall register each application under a unique application number, create an electronic file for each application and communicate the unique application number to the Member State of application.
Amendment 659 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall provide the European Union Agency for Asylum with information on the number of third country nationals effectively resettled on a weekly basis. The Agency shall validate this information and enter the data in the automated system.
Amendment 666 #
Amendment 667 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The automated system referred to in Article 44(1) shall indicate in real time:
Amendment 671 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
Amendment 672 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
Amendment 674 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point h
Article 23 – paragraph 2 – point h
Amendment 675 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 776 #
2016/0133(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 783 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied voluntarily for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 815 #
2016/0133(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 847 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted
Amendment 872 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 884 #
Amendment 898 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 910 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 914 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 924 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 934 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 941 #
2016/0133(COD)
Amendment 955 #
2016/0133(COD)
Amendment 961 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 970 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 981 #
2016/0133(COD)
Proposal for a regulation
Article 44 – title
Article 44 – title
Amendment 982 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automateda system shall be established.
Amendment 983 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures.
Amendment 985 #
Amendment 987 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39.
Amendment 988 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39.
Amendment 989 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only shall be accessible by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013].
Amendment 990 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notifications and, if applicable, complying with their obligations under the allocation mechanism .
Amendment 995 #
2016/0133(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The competent supervisory authority or authorities of each Member State shall monitor the lawfulness of the processing of personal data by the authorities referred to in Article 47 of the Member State in question, including of the transmission to and from the automated system referred to in Article 44(1) and to the authorities competent for carrying out checks referred to in Article 40.
Amendment 999 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 1007 #
2016/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
Amendment 1011 #
2016/0133(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 1013 #
2016/0133(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 93 #
2016/0132(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 highlights the need to improve the interoperability of information systems as a long-term objective, as also identified by the European Council and the Council. The Communication proposes to set up an Expert Group on Information Systems and Interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security. This group should assess the necessity and proportionality of establishingand examine if there is a need to revise the legal framework for law enforcement access to Eurodac. Technological solutions should be developed to ensure the interoperability of Eurodac with the Schengen Information Systems (SIS) and, the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. Europol and the Entry-Exit System (EES) in order to enhance effective cooperation amongst Member States in managing external borders and combatting serious crime. _________________ 28 COM(2016) 205 final
Amendment 410 #
2016/0131(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 445 #
Amendment 486 #
2016/0131(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 317 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to third country nationals admitted for a short stay {or on the basis of a touring visa} in the territory of the Member States subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the external borders of the Member States. When entering and exiting the territory of the Member States, it also applies to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies or of, to the holders of residence permits, to the holders of long- stay visas or to a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC.
Amendment 325 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 329 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 332 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 404 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
The calculator shall not apply to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies or of, to the holders of residence permits, to the holders of long- stay visas or to a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC.
Amendment 423 #
2016/0106(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to enable third country nationals to verify at any moment the remaining authorised length of stay, a secure internet access to a web service hosted by eu-LISA in its two technical sites shall allow those third country nationals to provide the data required pursuant to Article 14(1)(b) together with the anticipated entry and exit dates. On that basis, the web service shall provide them with the number of days left accompanied by an OK/NOT OK answer. The web service shall use a separate read-only database updated on a daily basis via a one-way extraction of the minimum necessary subset of EES data.
Amendment 46 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EU) 2016/399
Article 6a - paragraph 1 - point c a (new)
Article 6a - paragraph 1 - point c a (new)
(ca) holders of residence permits;
Amendment 47 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EU) 2016/399
Article 6a - paragraph 1 - point c b (new)
Article 6a - paragraph 1 - point c b (new)
(cb) holders of long-stay visas;
Amendment 53 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – point b
Article 6a – paragraph 3 – point b
Amendment 57 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i
Article 1 – paragraph 1 – point 3 – point b – point i
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – point i – subparagraph 3
Article 8 – paragraph 3 – point a – point i – subparagraph 3
Except for third country nationals whose entry is subject to a registration in the EES, if the travel document contains a facial image recorded in the electronic storage medium (chip) and if the facial image recorded in the chip can be legally and technically accessed, this verification shall include, whenever necessary, the verification of the facial image recorded in the chip, by comparing electronically this image with the live facial image of the concerned third country national.
Amendment 65 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iv
Article 1 – paragraph 1 – point 3 – point b – point iv
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point g – point i
Article 8 – paragraph 3 – point g – point i
(i) verification that the third country national is in possession of a document valid for crossing the border and that the document is accompanied, where applicable, by the requisite visa or residence permit. Verification of the document shall include the consultation of relevant databases, in particular the Schengen Information System; the Interpol database on stolen and lost travel documents; and national databases containing information on stolen, misappropriated, lost and invalidated travel documents.[23 ] Except for third country nationals whose exit is subject to a registration in the EES, if the travel document contains a facial image recorded in the electronic storage medium (chip) and if the facial image recorded in the chip can be legally and technically accessed, this verification shall include, whenever necessary, the verification of the facial image recorded in the chip, by comparing electronically this image with the live facial image of the concerned third country national . _________________ 23 This conditions is foreseen in the proposal (COM(2015)670/2) amending Article 7 of the SBC and will be part of the compulsory checks for persons enjoying the right of free movement. Depending on the final version of the text adopted, this sentence may require adjustments.
Amendment 16 #
2016/0070(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1)4, 56 and 62 thereof,
Amendment 18 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workersfighting unfair competition while ensuring the respect for the rights of workers. Neither the difference in wages or salaries nor the access to capital alone can be considered as unfair competition.
Amendment 21 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The temporary nature of providing services is to be determined on a case by case basis by the duration, the regularity, the periodicity and the continuity of the service.
Amendment 26 #
2016/0070(COD)
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 53(1)4, 56 and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8- 0114-2016),
Amendment 26 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 30 #
2016/0070(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. While applying these principles the related case-law of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 31 #
2016/0070(COD)
(5a) It is also necessary to take account of the reasoned opinions issued by the national parliaments of 11 Member States objecting the Commission's proposal based on the ground of the principle of subsidiarity,
Amendment 35 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 44 #
2016/0070(COD)
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 44 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 47 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers. Neither wages or salaries nor the access to capital alone can be considered as unfair competition.
Amendment 47 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, orand wages are always based on a series of parameters, including experience, profile, level of responsibilities, labour market conditions or on the quality and innovation of their goods and services.
Amendment 49 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay, bonuses and allowances in accordance with their law and practicenational law. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. Hence the Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in point (c) of Article 3(1).
Amendment 57 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreementsminimum rate of pay, bonuses and other allowances under national law should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationminimum rates of pay, bonuses and other allowances on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 58 #
2016/0070(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) When calculating the duration of posting, the same posting within the same contract concluded by the undertaking referred to in Article 1 (1) should be identified as posting.
Amendment 60 #
2016/0070(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be viewed as the very same working place where the worker is posted to the same working position to perform the same task(s).
Amendment 62 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, reguVia their national legislations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibilMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance wityh to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remunerationhe applicable rules concerning posting in case of subcontracting chains. Where such rules on pays, bonuses and allowances exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 64 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there and the difference of wages has never been considered as "unfair competition" in the EU and in the case law of the ECJ. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 70 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 72 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherindeed enforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers, as well as the to explore that whether there is a possibility of reintroduction of custom duties for a temporarily but limited period in some regions or areas suffering high unemployment level based on public interest in terms of the social protection of workers due to unfair competitiveness of imported products and services, which were previously produced or provided locally within the framework of the revision of the current legislation relevant to posted workers.
Amendment 90 #
2016/0070(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. By doing so the related jurisprudence of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 91 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC
Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC
(c) remuneration,minimum rates of pay, bonuses and allowances including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 96 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 100 #
2016/0070(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 110 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contr in line with Recital (2), it is necessary to state that posting is clearly covered by Article 8 (2) of Rome I. Regulation. The temporary nature of posting (as provision of service), which is a crucial element in the determination of habitual placte of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 monwork can only be determined on a case by case basis and it is not only determined by the length of time but also by other factors and facts of the individual worker's life. In addition to this, Article 2 of this when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide serviceDirective defines the nature of posting as having a temporary character therefore temporary character is ian circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationindispensable feature of genuine posting. Moreover, the case law provides explanation of the notion of temporary nature of the provision of services, which is to be determined by its duration, regularity, periodicity and continuity.
Amendment 112 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 140 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Directive 2014/67/EC on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are obeyed by all service providers. Article 4 of the enforcement Directive provides a clear list of elements that should be assessed in order to identify the genuine posting and prevent abuse as well as circumvention.
Amendment 151 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of worker and this dDirective raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport marketshall not apply to transport undertakings which are excluded from the scope of this Directive.
Amendment 164 #
2016/0070(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) During the implementation of the current posting of workers directive must be enforced fully and at the same time the unlawful practice of undeclared work shall be eliminated by strengthened efforts by the European Commission in all relevant areas in order to defend the rights and opportunities of the posted workers.
Amendment 172 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, oras well as and rates of pay, bonuses and allowances are always based on a series of parameters, including experience, profile, level of responsibilities, labour market conditions, or on the quality and innovation of their goods and services.
Amendment 191 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. Hence the Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 208 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationminimum pay, bonus and allowance under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationminimum rates of pays, bonuses and allowances on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 232 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, reguVia their national legislations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibilMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance wityh to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remunerationhe applicable rules concerning posting in case of subcontracting chains. Where such rules on pays, bonuses and allowances exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 257 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
(–1) In Article 1, paragraph 1 is amended as follows: 1. This Directive shall not apply to undertakings established in a Member State which, in the framework of the transnational proviswhich post workers, if the periond of services, post workers, in accordance with paragraph 3, to the territory of a Member Stateposting does not exceed three days within one month reference period.
Amendment 260 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.
Amendment 277 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 280 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Amendment 366 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – pragraph 1 – indent 2 – point c
Article 3 – pragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 373 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remunerationminimum rates of pay, bonuses and allowances, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 378 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point d
Article 3 – paragraph 1 – indent 2 – point d
(d) the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings, except the conditions of collective accommodation for workers;
Amendment 400 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 401 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbite clear and unambiguous application of this Directive, pay, bonuses and allowances mean all the elements rendered mandatory by national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 428 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerminimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).
Amendment 433 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single and registered official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerates of pay, the method of calculation in accordance with point (c).
Amendment 438 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
Amendment 452 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – pragraph 1 a
Article 3 – pragraph 1 a
Amendment 454 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 469 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a b (new)
Article 3 – paragraph 1 a b (new)
(ba) The following paragraph is added: 1ab. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
Amendment 4 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. whereas the humanitarian crisis affecting more than 65.3 million ‘displaced’ persons1 means that the distinction between people in need of international protection and migrants is becoming increasingly difficult to draw; Nevertheless, a clear distinction should be made between genuine refugees and economic migrants. This is vital for the proper functioning of the asylum system. _________________ 1 http://www.unhcr.org/news/latest/2016/6/5 763b65a4/global-forced-displacement-hits- record-high.html
Amendment 28 #
2015/2342(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledging - in the same time - that the causes of migration should be treated at their roots and also by improving the living conditions of refugee camps located close to the countries the asylum seekers come from.
Amendment 142 #
2015/2342(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the European External Action Service to pursue a responsible external policy, which tackles the root causes of migration.
Amendment 11 #
2015/2287(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the acEU institutions ofin the instituir actions and EUtheir policies have to be based on participatory democracy, thus ensuringe compliance with the principles of full transparency, by sharing, and informing citizens accurately and in good time;
Amendment 13 #
2015/2287(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that privacy and data protection should be respected while ensuring transparency
Amendment 15 #
2015/2287(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that it is the duty of the institutions to carry on a continuingut regularly an open, and transparent dialogue with civil society so as to enable citizens to bring scrutiny directly to bear on the different stages of decision-taking – allowing them to become moreecome more informed and actively involved in the decision-makingEU democratic process – and on the legitimacy and effecexercise public scrutiny; recalls that transparency enhances citivzeness of governances' trust in the EU and mincreasures takenhe legitimacy of the EU Institutions;
Amendment 21 #
2015/2287(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that in order to bring about a legitimate, accountable democratic political system complying with the rule of law, citizens must have the right to know about, and scrutinise, the actions of their representatives, the decision-making process,nd hold accountable their representatives for their actions and the way in which public money is apportionllocated and spent, and the ensuing outcomes;
Amendment 26 #
2015/2287(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fact that it is still difficult for citizens to gain access to information held by EU institutions, the reason being that there is no effective citizen-oriented interinstitutional policy based on complete transparency, communication, and direct democracy; urges the institutions to take a proactive attitude by disclosing; urges the EU institutions, bodies, offices and agencies to further develop a more proactive approach on transparency by making publicly accessible as many of their documents as possible in as simple and accessible a way as possible for the public, having documents translated into all of the EU official languag, including on their internet websites, and establishnsuring proper information access arrangements allowingaccess for the needs of people with disabilities;
Amendment 29 #
2015/2287(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that a more proactive approach helps ensuring effective transparency as well as preventing unnecessary legal disputes, which might cause unnecessary costs and burdens for both the Institutions and the citizens;
Amendment 42 #
2015/2287(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 45 #
2015/2287(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Deplores the failurat little progress has been made to implement Regulation (EC) No 1049/2001 as regards the obligation for the institutions to keep complete registers of documents; calls for a European policy on registers to be establishedon the EU institutions to establish registers of documents if not done yet and forto implementing measures to standardise the classification and presentation of the institutions’ documents;
Amendment 53 #
2015/2287(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that transparent law-making is of the utmost importance to citizens; calls on the institutions actively to circulatto make available documents forming part of, or related to, legislative procedures and to improve communication with persons who might wish to obtain them; considers in particular that the EU institutions should, by default, make as many documents as possible accessible to the public via atheir websites and consider using YouEurope as single publicly accessible commonEU portal making for ease ofto facilitate consultation;
Amendment 56 #
2015/2287(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Ombudsman’s inquiry into ‘trilogues’, the established practice by which most EU legislation is adopted; urges the Ombudsman to make full use of her powers of investigation under the Treaties;
Amendment 59 #
2015/2287(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that the use of trilogues is not consistent withhas become an effective way to reach consensus between the co-legislators and to speed up the legislative procedure laid down in the Treaty and; notes that conciliation committees maycan therefore be used only at third reading as a last resort;
Amendment 64 #
2015/2287(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the fact that citizens have no power to supervise trilogue negotiations; expresses concern at the abuses to which this legislative practice might lead, in particular as regards the role of lobbies and possible disparities in the treatment of persons seeking to keep abreast with developments in European legislCalls on the EU institutions to increase transparency on informal trilogues by increasing reporting in the competent parliamentary committee, which are web-streamed and public, on the state of play of trilogue negotiations;
Amendment 66 #
2015/2287(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 78 #
2015/2287(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Also calls on Parliament and the CouncilEncourages MEPs and Council's representatives to follow the Commission practice, as established by theits decision of 25 November 2014, byto publishing information about contactmeetings between lobbyists and Members of Parliament, their officethem, their staff , and their advisstakeholders, and between lobbyists and Member State representatives working at the Councilcivil society;
Amendment 83 #
2015/2287(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that, in accordance with Regulation (EC) No 1049/2001 and in order to guarantee full democratic and transparent parliamentary control, access should likewise be granted in a user - friendly way to documents produced when powers are delegated (delegated acts), since these make up a substantial portion of European legislation; considers it disappointing that no register of delegated acts has yet been established and calls on the Commission to set one up without delay;
Amendment 86 #
2015/2287(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that international agreements have binding force and an impact on EU legislation and points to the need for negotiations to be transparent throughout the entire process, implying that the institutions should be obliged to publish the negotiating brief conferred on the Commission; considers it regrettable that nthat documents related to them should be public in principle, without prejudice to legoitimations are secret and citizens have no access to information, but only to documents communicated to the press,e exceptions and without undermining the necessary thrus giving rise to speculation and misconceptions about the negotiations; maintains that the public should be given access to all of the parties’ relevant negotiating documents, in keeping with Regulation (EC) No 1049/2001t between the parties concerned in order to achieve effective negotiations;
Amendment 89 #
2015/2287(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out to the Commission that it is required to inform Parliament fully and immediately at every stage while negotiations are taking place; welcomes that MEPs have access to relevant negotiations documents within the European Parliament;
Amendment 90 #
2015/2287(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that transparency strengthens, and helps to give effect to, the principle of good administration, as set out in Article 41 of the Charter and Article 298 TFEU; calls, therefore, fothe EU institutions to ensure that their internal administrative procedures to be laid down in order to achieve that aim;
Amendment 92 #
2015/2287(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 97 #
2015/2287(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Reiterates that full transparency of public expenditure in the EU is crucial to ensure accountability and to fight corruption;
Amendment 2 #
2015/2258(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes new Objective 12 in the Action Plan on Human Rights and Democracy 2015-2019; calls on the Commission to ensure that CRPD implementation is systematically raised in human rights dialogues with third countries; calls on the EU Special Representative for Human Rights to lead and monitor progress in this field, with special regard to standardization efforts in terms of accessibility;
Amendment 11 #
2015/2258(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the mid-term evaluation of the external financing instruments to assess how effectively these have contributed to the inclusion of persons with disabilities; demands an end to any expenditure in EU programmes that perpetuates the segregation of persons with disabilities; fosters the funding of support services for persons with disabilities living independently in local communities instead of residential institutions.
Amendment 16 #
2015/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the recommendations that the EU achieve a human rights-based approach to disability in situations of risk and emergency; urges that all aspects of disaster risk-reduction policies and programmes are inclusive of and accessible to all persons with disabilities; strongly urges the mainstreaming of disabled peoples’ human rights in EU migration and refugee policies;
Amendment 21 #
2015/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the CRPD Committee’s recommendations that the EU develop a human rights-based indicators system and calls on the EU to develop a comprehensive data collection system, with data disaggregated by gender, age, rural or urban population and impairment type, employment status and forms;
Amendment 7 #
2015/2254(INL)
Motion for a resolution
Citation 3
Citation 3
— having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 4, 5, 6 and 7 TEU, and to the articles of the TFEU relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,
Amendment 50 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 56 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 62 #
2015/2254(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 68 #
2015/2254(INL)
Motion for a resolution
Citation 22
Citation 22
Amendment 81 #
2015/2254(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is a community of values, based on democracfounded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and fundamentalrespect for human rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;
Amendment 86 #
2015/2254(INL)
Motion for a resolution
Recital B
Recital B
B. whereas, in accordance with Article 2, Article 3(1) and Article 7 TEU, the Union avails itself of the possibility to act in order to protect its "constitutional core", reflected by the common values it shares with its Member Statesthe values on which it is founded;
Amendment 113 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the definition of corthe values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majoron which the Union is founded is to be grounded on full respect for national traditions and identities;
Amendment 128 #
2015/2254(INL)
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions maydo not impede a uniform and high level of protection ofcontradict, but strengthen democracy, rule of law and fundamental rights (DRF);
Amendment 169 #
2015/2254(INL)
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all, not only new, but also the old Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common values;
Amendment 189 #
2015/2254(INL)
Motion for a resolution
Recital O
Recital O
O. whereas the need for more effective and binding mechanisms to ensure full application of Treaty principles and values has been recognised by both Commission and Council, and put into practice by the creation of the European Commission Rule of Law Framework and the Council Rule of Law Dialogue;
Amendment 211 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, for thatall Member States equally and the Union has the authority to ensure compliance;
Amendment 215 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
Amendment 233 #
2015/2254(INL)
Motion for a resolution
Recital U
Recital U
U. whereas recent developments have shown it is urgent to revise and integrate existing mechanisms and develop an effective mechanismto close remaining gaps and to ensure Treaty principles and values are upheld throughout the Union;
Amendment 243 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanismny assessment in the field of DRF should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 249 #
2015/2254(INL)
Motion for a resolution
Recital W
Recital W
W. whereas a new mechanism should aim at offering a single, coherent framework,ny assessment in the field of DRF should building on and incorporatinge existing instruments and mechanisms, and closing anye remaining gaps;
Amendment 252 #
2015/2254(INL)
Motion for a resolution
Recital X
Recital X
Amendment 257 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 281 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply preventative and corrective elements in the field of DRF, and their application to all Member States as well as the three main institutions of the Union;
Amendment 306 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 330 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 347 #
2015/2254(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 388 #
2015/2254(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. ConfirmUnderlines that the recommendations should respect fundamental rights and the principle of subsidiarity, they should apply even- handedly to all Member States and avoid double standards;
Amendment 404 #
Amendment 2 #
2015/2229(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention on the Rights of the Child and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 10 #
2015/2229(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Council conclusions of 5 December 2014 on the promotion and protection of children's rights,
Amendment 41 #
2015/2229(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in 2014 an estimated 230 million children currently living in countries and areas affected by armed conflicts are exposed to extreme violence, trauma, forcibly recruited and deliberately targeted by violent groups;
Amendment 71 #
2015/2229(INI)
Motion for a resolution
Recital M
Recital M
M. whereas children and women, women and persons belonging to minorities face increasing threats, especially in war zones;
Amendment 162 #
2015/2229(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Strongly underlines the importance of systematically assessing the implementation of the EU Guidelines on Human Rights, including the implementation of the EU Guidelines for the Promotion and Protection of the Rights of the Child, by using well-defined benchmarks; considers that, in order to ensure proper implementation of the Guidelines, further measures aimed at raising awareness of their content among EEAS and EU Delegation staff must be taken;
Amendment 179 #
2015/2229(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores the fact that the proper implementation of legal frameworks for the protection of minorities remains a challenge, as stated in the Commission’s Enlargement Strategy for 2014-2015; invites the enlargement countries to step up their efforts to forge a culture of acceptance of minorities through, for example, improved inclusion of minorities in the education system with a special focus on Roma children;
Amendment 182 #
2015/2229(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores the fact that the proper implementation of legal frameworks for the protection of minorities remains a challenge, as stated in the Commission’s Enlargement Strategy for 2014-2015; invites the enlargement countries to step up their efforts to forge a culture of acceptance of minorities through, for example, improved inclusion of minorities in the education system; urges the EU to follow closely the implementation of provisions protecting human rights, including the rights of persons belonging to minorities throughout the enlargement process;
Amendment 249 #
2015/2229(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Stresses the urgent need to tackle the root causes of migration flows and, therefore, to address the external dimension of the refugee crisis, including by finding sustainable solutions to conflicts in our neighbourhood through building cooperation and partnership with those third countries that host the large refugee camps and providing humanitarian aid to the refugees living in those camps; points out the importance of distinguishing between refugees and economic migrants; underlines the need for a global and comprehensive human-rights-based approach to migration and calls on the EU to collaborate with the UN, regional organisations, governments and NGOs in order to address the root causes of migration flows; takes note in this context of the European Union Naval Force – Mediterranean (EUNAVFOR Med) operation against smugglers and traffickers in the Mediterranean; welcomes the measures proposed by the Commission on 9 September 2015 to address the external dimension of the refugee crisis;
Amendment 272 #
2015/2229(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its full support for the EU’s strong engagement in promoting the advancement of human rights and democratic principles through cooperation with the structures of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development, in line with Articles 21 and 220 TEU; welcomes therefore the adoption of the Sustainable Development Goals;
Amendment 318 #
2015/2229(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Considers that, following the 30th anniversary of the UN Convention against Torture, and given that torture and ill- treatment continue worldwide, the EU should intensify its efforts to eradicate these serious human rights violations; stresses the fact that members of vulnerable groups such as children and women, ethnic, linguistic and religious minorities are more often exposed to torture or ill treatment in detention, therefore require special attention; urges, therefore, the EEAS and the VP/HR to more strongly engage in the fight against torture and other cruel, inhuman and degrading treatment or punishment through increased diplomatic undertakings and a more systematic public positioning; recommends that the EEAS, the EU Delegations and the Member States make use of all existing instruments such as the EU Guidelines on Torture to their full potential;
Amendment 336 #
2015/2229(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Emphasises that minority communities in third countries have specific needs and that their full equality should be promoted; in all areas of economic, social, political and cultural life;
Amendment 348 #
2015/2229(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Recalls that the 2014 Sakharov Prize was awarded to Dr Denis Mukwege for his strong engagement with victims of sexual violence and continuous promotion of women’s rights; strongly condemns all forms of abuse and violence against women and girls, including female genital mutilation, child marriage and other forms of harmful traditional practices;
Amendment 355 #
2015/2229(INI)
Motion for a resolution
Paragraph 69 c (new)
Paragraph 69 c (new)
69c. Strongly condemns the continued use of rape against women and girls as a weapon of war; stresses that more needs to be done to ensure respect of international law and access to health and psychological care for women and girls abused in conflicts; calls on the EU, the Member States, international organisations, and civil society to increase cooperation to raise awareness and combat impunity;
Amendment 366 #
2015/2229(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Welcomes the Council conclusions on the promotion and protection of the rights of the child, adopted in December 2014, and calls for the EU to continue supporting partner countries in combatting all forms of violence against children and reinforcing their capacities to protect children’s rights; welcomes the global roll-out in 2014 of the EU-UNICEF Child Rights Toolkit reaffirming the EU's commitment to mainstream children's rights in all sectors and policies;
Amendment 374 #
2015/2229(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates its request for the Commission to propose a comprehensive Child Rights Strategy and Action Plan for the next five years, supporting the EU’s efforts to promote children’s rights, namely by contributing to ensuring children’s access to water, sanitation, healthcare and education, as well as by eliminating child labour and assisting children in armed conflicts; commends the "Children No Soldiers" campaign and calls on the EU and Member States to step up their support in order to reach the target of ending the recruitment and use of children in conflicts by government armed forces by 2016.
Amendment 376 #
2015/2229(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Underlines that children are particularly vulnerable in the current refugee and migrant crisis and especially when unaccompanied and that conflicts and instability have uprooted millions of children across several countries around Europe; calls on the Member States to take into account the best interest of the child in all procedures and ensure protection for children and particularly access to safe water, food, health care and education;
Amendment 49 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the data protection rules and standards should be harmonised and comprehensive for all sectors and to this end, calls for swift revision and alignment of the ePrivacy Directive to the General Data Protection Regulation;
Amendment 66 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEs; recognises that putting in place additional safeguards, such as pseudonymisation or anonymisation can help reduce risks and create support for processing when personal data are used by big data applications and online service providers;
Amendment 102 #
2015/2147(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for steps to be taken to ensure high standards of data protection when pursuing cooperation with the third countries within the Digital Single Market Strategy; calls on the Commission to swiftly ensure a coherent and permanent framework for safe international transfer of data as it is necessary for legal certainty, as well as to unlock the full potential of the Digital Single Market, while at the same time guaranteeing a high level of protection of personal data for EU citizens, and which could be a good reference point for future global solutions.
Amendment 43 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to accelerate the full and correct enforcement of Directive 2011/36/EU on preventing and combating trafficking in Human beings and protecting its victims;
Amendment 44 #
2015/2118(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice and that sanctions are strengthened; calls on Member States to improve collection of evidence and to increase police and judiciary cooperation to combat trafficking including with Europol and Eurojust.
Amendment 56 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to strengthen cooperation in order to track and confiscate assets of traffickers; calls on Member States to use all existing tools available more efficiently such as mutual recognition of Court judgements, joint investigation teams and the European investigation order;
Amendment 111 #
2015/2118(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that migrants are particularly vulnerable to trafficking, especially children; calls on Member States to increase cooperation, including in the hotspots, to identify potential victims and to use all means, including military operations, to combat traffickers and smugglers;
Amendment 36 #
2015/2095(INI)
Motion for a resolution
Citation 43
Citation 43
Amendment 48 #
2015/2095(INI)
Motion for a resolution
Citation 52
Citation 52
Amendment 49 #
2015/2095(INI)
Motion for a resolution
Citation 53
Citation 53
Amendment 50 #
2015/2095(INI)
Motion for a resolution
Citation 54
Citation 54
Amendment 51 #
2015/2095(INI)
Motion for a resolution
Citation 55
Citation 55
Amendment 52 #
2015/2095(INI)
Motion for a resolution
Citation 56
Citation 56
Amendment 53 #
2015/2095(INI)
Motion for a resolution
Citation 57
Citation 57
Amendment 54 #
2015/2095(INI)
Motion for a resolution
Citation 58
Citation 58
Amendment 55 #
2015/2095(INI)
Motion for a resolution
Citation 60
Citation 60
Amendment 63 #
2015/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; and whereas, according to the preliminary data available, the percentage of Syrians vary from 26% to 50% of all arrivals in the EU in 20156a ; and whereas a large number of counterfeit Syrian passports poses a serious challenge for proper identity checks; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf. 6aInternational Centre for Migration policy Development, http://www.icmpd.org/news-centre/2015- in-review-infographic/ ; Frontex, http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/FRAN_Q3_2015.pdf
Amendment 85 #
2015/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decismay be expressed in many different ways besides CEAS provisions such as financial assistance, human resources, equipment, training and other operational support measures and should be addressed at a global and universal level given the challenges with which Europe is not capable to cope alone; whereas voluntary relocations, operational support measures, financial support measures, a pro-active interpretation and implementation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while, voluntary resettlement, humanitarian admission and search and rescue at sea promote externaloperations at sea are all tools that can be used by the Member States to demonstrate their solidarity;
Amendment 124 #
2015/2095(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management ofand protection of the Union's external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights;
Amendment 131 #
2015/2095(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code allows Member States to deviate from the normalstandard admissibility criteria for a visa application in exceptional cases with limited territorial validity ‘on humanitarian grounds’ (as defined in Articles 19 and 25);
Amendment 140 #
2015/2095(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the current migration crisis is a global challenge that requires a global action;
Amendment 168 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas a functioning return policy through readmission agreements should be an integral part of cooperation with third countries;
Amendment 188 #
2015/2095(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas legal migration for labour market needs, based on the principle of subsidiarity, is and should remain a national competence of the EU Member States;
Amendment 195 #
2015/2095(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member Statesof existing rules is essential, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 233 #
2015/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that saving lives must be a first priority and that proper funding, at Union and Member State level, for search and rescue operations is essential along with proper and effective external border controls; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required;
Amendment 317 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspecbe a considerable part of any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 349 #
2015/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the process of relocation – that is to say, transferring an applicant for international protection, or a beneficiary of international protection, from one Member State to another – is a practical example of solidarity within the Union; recalls, in addition, that, since 2009, Parliament has been calling for a binding mechanism for the distribution of asylum seekers among all the Member States;
Amendment 370 #
2015/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgentvoluntary relocation measures isagreed are a move in the right direction of mutual solidarity, and calls on Member States to fulfil their obligations with regard to thosee agreed measures as soon as possible;
Amendment 383 #
2015/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Rrelocation Decisionsmeasures taken by the Council, relocation willmay cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions;
Amendment 412 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation DecisionsCouncil Decisions on relocations from Italy and Greece, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member Statemust be reviewed, taking into account specific national circumstances, such as reception, absorption and integration capacity, labour market absorption capacity, historical factors and number of past migrants which goes beyond the 2010- 2014 timeframe laid down in the European Agenda on Migration;
Amendment 443 #
2015/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that resettlement is one of the preferredn cooperation with UNHCR if a Member State so decides is one of options for granting safe and lawful access to the Union for refugees and those in need of international protection, where it is clear that in long term the refugees can neither return to their home countries nor receive effective protection or be integrated into the host country;
Amendment 456 #
2015/2095(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, givenNotes the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;
Amendment 468 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanenta Union-wide resettlement programme, with mandato can only be based on voluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 473 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatory participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union; while taking into account the capacity of Member States to provide adequate reception conditions, integration opportunities in society and labour market;
Amendment 480 #
2015/2095(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Acknowledges that such resettlement programme should be on voluntary basis to encourage greater solidarity among the Member States;
Amendment 517 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to ensure that the CEAS becomes a truly uniform system while respecting subsidiarity and proportionality principles;
Amendment 549 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to its implementation, fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced in crisis situations by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 567 #
2015/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Rrelocation Decisions are based should bs of asylum seekers from Italy and Greece were based should be further evaluated before they are built directly into the Union’s standard rules for voluntary allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 584 #
2015/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support the frontline Member States having external borders as well as those Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;
Amendment 590 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 614 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 641 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; notes that refugees have not only rights but also obligations towards the hosting Member State; emphasises that integration is a two- way process and that respect for the values upon which the EU isand its Member States are built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 652 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises that those granted asylum in an EU Member State should fully respect the principles, values, rules and laws of the Union and the Member State that has granted international protection;
Amendment 688 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard; notes however the high number of unemployment among EU citizens in several Member States; points out that as of November 2015 the youth unemployment rate across all the Member States stood at 20%;
Amendment 713 #
2015/2095(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification in full respect of the national legislation;
Amendment 742 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandEmphasises that the safe and swift return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 748 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; understands that effective and functioning return policies may facilitate public acceptance of CEAS;
Amendment 754 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is an urgent need to improve the effectiveness of the Union’s return system;
Amendment 875 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Acknowledges that without strong and well protected Union's external borders there is no possibility to ensure safety within and fully implement CEAS;
Amendment 901 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. AcceptEmphasises that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 964 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need and identify those who do not qualify for international protection; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 1077 #
2015/2095(INI)
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Acknowledges that tackling the 'push factors' is a global responsibility and cannot be seen solely as the responsibility of the European Union, while the Union must still do its utmost to address root causes;
Amendment 1080 #
2015/2095(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
Amendment 1093 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe and the rest of the world looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 1112 #
2015/2095(INI)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Recommends that, in line with the GAMM, the four thematic pillars addressing (i) legal migration and mobility, (ii) irregular migration and trafficking in human beings, (iii) international protection, and (iv) the development impact of migration should be of equal importance in Union external policy and funding; stresses that funding to third countries under various programmes should be assessed in light of their respect to the EU's efforts of migration management - including developing their asylum systems and facilitating returns of their citizens;
Amendment 1154 #
2015/2095(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
Amendment 1161 #
2015/2095(INI)
Motion for a resolution
Paragraph 105
Paragraph 105
Amendment 1166 #
2015/2095(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
Amendment 1180 #
2015/2095(INI)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Points out that the Europe 2020 strategy has identified the need for a comprehensive labour migration policy, and for better integration of migrants, in order to meet the Union’s goals for smart, sustainable and inclusive growth; this should be done in full respect of the principle of subsidiarity;
Amendment 1190 #
2015/2095(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
Amendment 61 #
2015/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of instruments already exist in Europe to address the radicalisation of European citizens and whereas the European Union and its Member States should show they are makingmake full use of these;
Amendment 69 #
2015/2063(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the extent to which the sMember States assumes responsibility for the risk of radicalisation can vary greatly from one Member State to another; whereas, while some Member States have already taken effective measures, others are lagging behind in their action to tackle this phenomenon;
Amendment 106 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fundamental rights and civil liberties be respected in all measures undertaken by the Member States and the European Union; whereas the security of European citizens is not incompatible with guaranteeing their freedoms; whereas, indeed, these two principles are two sides of the same coin;
Amendment 130 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
1a. Stresses the importance of fostering and strengthening crossborder cooperation among law enforcement authorities; highlights the crucial importance of providing adequate resources and training to police forces working on the ground;
Amendment 148 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use ofenhancing cooperation among European law enforcement agencies; recommends to further exploit existing instruments to combat the radicalisation and recruitment of European citizens by terrorist organisations; underlines that training is essential to allow law enforcement officials working on the ground to make full use of the existing tools; recommends that more use should be made of European funds to that end; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective of stamping out the radicalisation of European citizens;
Amendment 183 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publish guidelines based on best practices on measures to be implemented in Europe'san prisons aimed at preventing Europeans from becoming radicalised; recommends that the Member States segregate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation on other inmatesradicalisation of prisoners; believes that the Member States should consider the isolation of radicalised inmates within their prisons in order to prevent and to contain radicalisation in those institutions;
Amendment 193 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff, including by CEPOL, in order to teach them to detect and prevent radical behaviour; stresses the importance of appropriately training and recruiting prison chaplains so that they can not only adequately meet prisoners' cultural needs in prisons, but also counter radical discourse;
Amendment 237 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet playis used as a significant role inplatform for fuelling the radicalisation of European citizensand fundamentalism, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giancompanies, hotlines and experts with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 249 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. FeelUnderlines that the internet giants should be made aware of their responsibilities so that theyindustry has to take shared responsibility in deleteing illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusalin respect orf failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequentlyreedom of expression the refusal should be punished;
Amendment 270 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however,Stresses that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorismf respect of human rights and fundamental freedoms and opposed to violence; calls on the digital giantplatforms to cooperate with the Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisationidentify innovative legal ways for countering praise of terrorism and hate speech, thereby making online radicalisation more difficult;
Amendment 304 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to easily and quickly flag illegal content circulating on the internet and on social media networks easily and quicklyand to report it to competent authorities, including through hotlines, while respecting basic freedoms and freedom of expression;
Amendment 312 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flagging; recommends that such unit should also cooperate with civil society organisations active in this field;
Amendment 317 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that everyEncourages Member State shoulds to set up a special unit tasked with flagging illicit contenthate speech and praise and recruitment for terrorism on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flaggingthe EU-anti terrorism coordinator and the European Counter-Terrorism Centre within Europol;
Amendment 390 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various religious communities in order to help reach a better understanding of the phenomenon of radicalisation; draws the Member States' attention to the issue of training religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalisedand to prevent radicalisation; stresses the important role that religious communities can play in countering fundamentalism, hate speech and terrorism propaganda;
Amendment 472 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities in the Member States; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and, Eurojust and Cepol;
Amendment 510 #
2015/2063(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that criminalising terrorist acts carried out by foreign fighters requires the collection of evidence in third countries to be possible; calls, therefore, on the European Union to work on establishing judicial and law enforcement cooperation agreements with third countries in order to facilitate such processes;
Amendment 551 #
2015/2063(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on Member States to share good practices in regard to exit checks on radicalised EU citizens and how to manage the return of citizens who have taken part in terrorist activities in conflict theatres abroad; supports in particular the possibility of Member States confiscating the passports of EU citizens planning to join terrorist organisations, according to their National Constitutions;
Amendment 557 #
2015/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that making good use of existing instruments such as the SIS and VIS systems constitutes the first step in stepping up external border security in order to identify EU citizens who may be leaving for conflict zones; stresses the importance of providing law enforcement authorities with increased resources and adequate training to respond to the growing pressure;
Amendment 635 #
2015/2063(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Supports measures to weaken terrorist organisations from the inside and lessen their potential influence on EU citizens; urges the European Union to look into ways of dismantling jihadist networks and identifying how they are funded; encourages the Commission to propose a regulation on identifying and blocking terrorism funding channels;
Amendment 651 #
2015/2063(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on Member States to participate in efforts to trace external flows of funding and to display transparency in their relations with certain Gulf countries, with the aim of stepping up cooperation in order to shine a light on and block the financing of terrorism and fundamentalism in Africa and the Middle East, but also by some associations in Europe;
Amendment 10 #
2015/2051(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Encourages the global community convening in the World Humanitarian Summit to adopt a rights-based approach to humanitarian action, with the objective of finding better ways to protect civilians with special regard to vulnerable groups such as women, children, religious and ethnic minorities, identify threats and vulnerabilities, and monitor violations of human rights and international humanitarian law, thus helping strengthen the fight against impunity; expresses its conviction that upholding the universality of human rights and reinforcing shared understanding by all actors involved in humanitarian action also strengthens the core humanitarian principles of neutrality and inclusiveness;
Amendment 37 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to nine rounds of talks from 2002 to 2010 between high ranking representatives of the Chinese government and the Dalai Lama,
Amendment 40 #
2015/2003(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
– having regard to the 2008 Memorandum and the 2009 Note on Genuine Autonomy both presented by the Representatives of the 14th Dalai Lama,
Amendment 298 #
2015/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the urgency of environmental protection measures, bearing in mind, for example, that in 2014 only eight out of 74 major cities reached the national standard of PM 2.5 air pollution concentrations; warns that the double water crisis (massive pollution combined with increased water usage) could cause major political and social instability; welcomes the fact that under the new environmental protection law local cadres are accountable, also retroactively, for environmental damage caused during their tenure; is deeply concerned about the destruction of Tibet's environment as a result of China's policies of fast-track development in the region since 1999, underlines in this respect that the Tibetan plateau is warming twice as fast as the rest of the world, which may cause the melting of Tibet's estimated 46,000 glaciers;
Amendment 305 #
2015/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that in recent years China's anti-terrorism policy has evolved rapidly from a somewhat reactive ‘defence against terror' approach to a proactive ‘war on terror', along with permanent ‘crisis management' entailing action to an unprecedented extent in affected regions and in society; is concerned about the upcoming Chinese law on 'counter- terrorism', which may lead to further violations of human and freedom rights, especially in Tibet and Xinjiang as regions with minority populations;
Amendment 419 #
2015/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Criticises the fact that in China freedom of religion is not a right, but a matter for the state, which sets the limits of what is permissible; supports the resistance of Chinese churches against the government's renewed strategy of ‘sinicisation' of Christianity; condemns, in particular, the ongoing anti-Christian campaign in the province of Zhejiang, during which dozens of churches were demolished and more than 400 crosses removed in 2014; shares the concerns of churches about other provinces where there is a strong Christian presence; condemns moreover anti-Buddhism campaigns via the "patriotic education" approach, including measures to state-manage Tibetan Buddhist Monasteries, condemns "legal education" programmes for Buddhist monks and nuns; cannot understand and accept a ban on images of the Dalai Lama in China; is concerned that China's Criminal Law is being abused to persecute Tibetans and Buddhists, sees its concerns confirmed as monks and nuns make over 40% of the political prisoners in Tibet;
Amendment 444 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. is deeply concerned that the Chinese government continues its hard-line policies against the Tibetan people, especially by rejecting the Dalai Lama's "Middle Way Approach" and to defame it as a separatist strategy as recently happened in the official Chinese 'White Paper on Tibet of April 2015'; strongly underlines and supports the Middle Way Approach which seeks neither independence nor separation from the People's Republic of China; emphasises that the Middle Way Approach calls for genuine autonomy for the Tibetan people within the framework of the Constitution of the People's Republic of China;
Amendment 446 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned that Lama Tulku Tenzin Delek Rinpoche, imprisoned since 2002 for 20 years, died on 13 July 2015 due to denial of access to medical care; is deeply concerned that 10 other prominent Tibetan prisoners also died due to such reasons and as a result of torture in 2014; demands a detailed investigation of all these death cases;
Amendment 451 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned about the fact that over 142 Tibetans have resorted to self-immolations to protest against the suppression of the Tibetan people; rejects any linkage between self-immolations and terrorism, as no Chinese citizen has ever been injured by such dramatic and desperate acts;
Amendment 452 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Strongly condemns any kind of state measures which aim to collectively punish people associated with self-immolators - such as friends, colleagues, families or entire villages - as violations of international law, which clearly bans collective punishment;
Amendment 455 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Is deeply concerned about the forceful re-settlement of more than 2 million Tibetan nomads and herdsmen since 2006 to 'New Socialist Villages', as they are cut off from medicare, education and prosperity; is deeply concerned about the continued transfer of Han Chinese population into Tibet as well as the state goal to increase the population in Tibet by 30 percent till the end of 2020;
Amendment 461 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highly recommends and urgently calls on China to resume the currently stalled Sino-Tibetan Dialogue as the best political instrument to achieve a mutual and realistic solution for the current instability in Tibet; is extremely worried that the current tensions may lead to an even worse situation in the near future;
Amendment 178 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require t. For the adoption of such measures, given the sovereignty related aspects and their politically sensitive nature which touch on national executive and enforcement powers, implementing powers should be conferred on the Council, which should act on a proposal from the Commission. The Member State concerned should be required to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commissionuncil decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 226 #
2015/0310(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 261 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘third parties’ shall be the legal entities recognised as such by the Member States or International Organisations.
Amendment 322 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency. Member States shall as well, in their interests and in interest of all Member States, enter data into the European databases and ensure that the data are accurate, up-to-date and entered lawfully.
Amendment 652 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area as an area without internal border control, the Commission, after consulting the Agency, may adopt a decision by means ofpresent to the Council a proposal for an implementing actdecision, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Thoseat implementing actsdecision shall be adopted in accordance with the examination procedure referred to in Article 79(2)by the Council with a qualified majority vote.
Amendment 658 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 690 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board. The Agency shall evaluate whether the border guards proposed by Member States correspond to the profiles defined and shall decide on the border guards to be chosen for the rapid reserve pool. The Agency shall have the power to remove a border guard from the pool in case of misconduct or breach of the applicable rules.
Amendment 867 #
2015/0310(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool. To that end it shall define technical standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipment pool.
Amendment 888 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State or in excess of duty, the victims or persons entitled shall be compensated by the Agency.
Amendment 1165 #
2015/0310(COD)
Proposal for a regulation
Article 79
Article 79
Amendment 44 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer activeconsciously provides data for the content supplied, such as name and e- mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. The contract should explicitly indicate which data are given in exchange for the content supplied. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679.
Amendment 54 #
2015/0287(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The protection of individuals with regard to the processing of personal data is governed by Directive 95/46/EC of the European Parliament and of the Council31by Regulation (EU) 2016/679 and by Directive 2002/58/EC of the European Parliament and of the Council32 which are fully applicable in the context of contracts for the supply of digital content. Those Directivelegal acts already establish a legal framework in the field of personal data in the Union. The implementation and application of this Directive should be made in full compliance with that legal framework. _________________ 312 OJ L 2801, 23/11/1995, p. 31 - 50) [to be replaced by the General Data Protection Regulation, once adopted]. 3231.7.2002, p. 37–47. OJ L 201, 31.7.2002, p. 37–47.
Amendment 56 #
2015/0287(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks, adjusted to the consumers it is dedicated for, to ascertain the conformity of the digital content with the contract, it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used and the legitimately expected technical standards which digital content of the same description would normally have.
Amendment 62 #
2015/0287(COD)
Proposal for a directive
Recital 27
Recital 27
(27) While data-driven services and technologies bring significant benefits, they also create some vulnerabilities. As recognised by the Digital Single Market Strategy a high level of network and information security is essential across the European Union to ensure respect of fundamental rights such as the right to privacy and personal datathe right to the protection of personal data online and offline, to increase user confidence and strengthen their trust in the digital economy. As software becomes pervasive, qualities such as reliability, security and adaptability to evolving needs are also becoming a prime concern. It is therefore increasingly important that those data-driven services and technologies ensure that those qualities are guaranteed, to the extent that is proportionate to the role and function those technologies play. In particular, quality in terms of security and reliability is becoming an important concern for innovative, composite services that have to rely on the interconnection of diverse systems in different domains.
Amendment 71 #
2015/0287(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer as a counter-performance for the digital content supplied or data produced by the consumer during the duration of the contract, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. If personal data protection technics, such as pseudonimisation, as prescribed in the Regulation (EU) 2016/679 are used by the supplier, only after the request made by the consumer, the supplier should refrain from using these data. Without prejudice to obligations of a controller under Directive 95/46/ECRegulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 75 #
2015/0287(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Upon termination the supplier should also refrain from using the content generatproduced by the consumer. However, in those cases where more than one consumer generatproduced particular content, the supplier is entitled to continue to use the content generatproduced by the consumer where those other consumers make use of it.
Amendment 77 #
2015/0287(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract, the supplier, on request made by the consumer, should allow the consumer to retrieve all data uploaded by the consumer, or produced by the consumer with the use of the digital content or generated through the consumer's use of the digital content. This obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract.
Amendment 98 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter-performance other than money in the form of personal data or any other data.
Amendment 101 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. It shall also apply to contracts where personal data, as defined in Article 4(1) of Regulation (EU) 2016/679, are consciously provided by the consumer as a counter-performance other than money. The contract shall explicitly indicate which data are exchanged for the content supplied.
Amendment 118 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The contract shall include all relevant characteristics for the assessment of the conformitity of the digital content, as well as all relevant information regarding the processing of personal data in compliance with the obligation under Regulation (EU) 2016/679. In order to conform with the contract, the digital content shall, where relevant:
Amendment 125 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. To the extent that the contract does not stipulate, where relevant, in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes for which digital content of the same description would normally be used and in line with the legitimately expected technical standards, including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:
Amendment 127 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) whether the digital content is supplied in exchange for a price or other counter-performance than money, by providing personal data or any other data;
Amendment 145 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of personal data as the counter- performance other than money which the consumer has consciously provided in exchange for the digital content and any other data collectproduced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer with the exception of the content which has been generatproduced jointly by the consumer and others who continue to make use of the content. In relation to the prossessing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 149 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format;
Amendment 164 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of otherpersonal data as counter-performance other than money which the consumer has provided in exchange for the digital content and any other data collectprovided or produced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer, with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 169 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format; and
Amendment 173 #
2015/0287(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Data Protection Processing of personal data carried out in the context of activities conducted pursuant to this Directive shall comply with the obligations under Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 63 #
2015/0281(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The UN Security Council Resolution (UNSCR) 2178 (2014) on threats to international peace and security caused by terrorist acts adopted on 24 September 2014 sets out a set of measures to combat the phenomenon of the Foreign Terrorist Fighters and requires to establish in the national laws of the Member States of the UN penalisation as serious criminal offences: travel or attempted travel to a third country with the purpose of contributing to the commission of terrorist acts or to providing or receiving of training; the funding of such travel and the organisation or facilitation of such travel.
Amendment 65 #
2015/0281(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) An Additional Protocol to the Council of Europe Convention on the prevention of terrorism adopted in May 2015 introduced a requirement of criminalisation of participation in an association or group for the purpose of terrorism, receiving training for terrorism, travelling or attempting to travel for terrorist purposes, providing or collecting funds for such travels and organising and facilitating such travels. The Union signed the Additional Protocol as well as the Convention on 22 October 2015.
Amendment 70 #
2015/0281(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015 and in Brussels on 22 March 2016. In addition, the European Union and its Member States face increased threats from individuals residing in the EU but inspired or instructed by terrorist groups from abroad but who remain within Europe, or by returning foreign terrorist fighters.
Amendment 300 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally. Such funds and means should be subject to confiscation and freezing of assets legislation.
Amendment 310 #
2015/0281(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that drawing up and using of false administrative documents, with special attention to the travel documents, with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 358 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 5 a (new)
Article 21 – paragraph 5 a (new)
5a. Member States shall ensure cooperation and information sharing with the Member State that established its jurisdiction over the offences referred to in Articles 3 to 14 and 16 through established channels, including the Union agencies.
Amendment 32 #
2015/0125(NLE)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) In its conclusions of 26 June 2015, the European Council stated that Europe needs a balanced an geographically comprehensive approach to migration, based on solidarity and responsibility identifying three key dimensions which must be advanced in parallel: relocation/resettlement, return/readmission/reintegration and cooperation with countries of origin and transit.
Amendment 44 #
2015/0125(NLE)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) An unprecedented migratory pressure affects severely Hungary, where the number of illegal border crossings and of asylum applications reached the number of 61.000 by the end of June representing an insurmountable pressure on the Hungarian infrastructure.
Amendment 52 #
2015/0125(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings. However, tThe majority of migrants using the Balkan route awere not prima facie in need of international protection, with as in 2014 51% of the arrivals were being made up only of Kosovars. However, in 2015 only in Hungary the number of illegal border crossings and of asylum applications reached the number of 61.000 by the end of June, the majority of applicants coming from Syria, Afghanistan and Iraq.
Amendment 124 #
2015/0125(NLE)
Proposal for a decision
Article 4
Article 4
1. 24 000 applicants shall be relocated from Italy to the territory of the other Member States as set out in Annex Ion a voluntary basis reflecting the specific situations of Member States. 2. 16 000 applicants shall be relocated from Greece to the territory of the other Member States as set out in Annex IIon a voluntary basis reflecting the specific situations of Member States.
Amendment 12 #
2014/2254(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Council of Europe's Framework Convention for the protection of national minorities and the European Charter for Regional or Minority Languages;
Amendment 15 #
2014/2254(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Council Directive 2000/43/EC of June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,
Amendment 57 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 8 June 2005 on the protection of minorities and anti-discrimination policies in an enlarged Europe;
Amendment 58 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014
Amendment 62 #
2014/2254(INI)
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
– having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union;
Amendment 119 #
2014/2254(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the manifestations of extreme nationalism, racism, xenophobia and intolerance have not yet disappeared from our communities; on the contrary, especially after the recent terrorist attacks they appear to be on the rise in many Member States which affects traditional minorities and new national minority communities as well;
Amendment 123 #
2014/2254(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, under Article 6 TEU, the EU has a responsibility to uphold and enforce fundamental rights in any action it takes, regardless of its powers in the area concerned; whereas Member States are also encouraged to do the same;
Amendment 139 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas article 22 of the Charter of Fundamental Rights of the European Union obliges the Union to "respect cultural, religious and linguistic diversity",
Amendment 142 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas Roma, the largest ethnic minority in Europe, continue to be the victims of severe discrimination, racist attacks, hate speech, poverty and exclusion;
Amendment 148 #
2014/2254(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas fundamental freedoms, human rights and equal opportunities shall be provided for all citizens of the European Union including persons belonging to national and linguistic minorities;
Amendment 187 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions;
Amendment 189 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 221 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
Amendment 322 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on promoting understanding, acceptance and tolerance between the different national communities in the Member States through the principles of equality, non-discrimination and respect for diversity; calls on particularly the condemnation of hate speech and all forms of aggression;
Amendment 353 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 361 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 368 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 402 #
2014/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that even today people belonging to minorities are still victims of discrimination; calls for more consistency of the European Union in the field of minority protection; strongly believes that all Member States as well as candidate countries shall be bound by the same principles and criteria in order to avoid the application of double standards; Calls therefore, as a part of resolving the so- called Copenhagen dilemma, for the establishment of an effective mechanism to monitor and ensure fundamental and acquired rights of national and linguistic minorities both in candidate countries and in countries already admitted to the European Union;
Amendment 446 #
2014/2254(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the fact that rights of national, ethnic and linguistic minorities are an integral part of basic human rights, and considers it necessary to draw a clear distinction between these minorities and immigrants, asylum seekers; underlines that national, ethnic and linguistic minorities have specific needs and condemns all types of discrimination against them; urges the Commission to establish a policy standard for the protection of national and linguistic minorities; calls on the Members States to ensure effective equality of these minorities based on existing international standards and European good practices;
Amendment 448 #
2014/2254(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Member States to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 477 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission and the FRA to take targeted actions to monitor the situation of traditional national minorities in the EU by systematic collection of specified data and reporting;
Amendment 491 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Condemns all forms of discrimination on grounds of language use; calls on those Member States who have not yet done so to ratify and effectively implement the European Charter for Regional or Minority Languages;
Amendment 493 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Urges the European Union and the Member States to intensify their efforts to guarantee that the fundamental rights of all Roma in the EU are respected; urges the Member States to invest more effort in the design and selection of sustainable and ambitious Roma integration projects;
Amendment 584 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; in particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU’s equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 73 #
2014/2231(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Strongly encourages the EED to place a stronger emphasis on socially excluded groups by supporting, among others, women’s rights and women’s increased public participation, ethnic and linguistic minorities as well as grassroots movements and media activists;
Amendment 98 #
2014/2231(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the EED to continue to develop new innovative means for democracy assistance and to share best practices in order to adjust to the growing climate of restriction in a number of countries with authoritarian regimes;
Amendment 266 #
2014/2229(INI)
Motion for a resolution
Subheading 2
Subheading 2
Stepping up the global strategy for democracy and human rights
Amendment 324 #
2014/2229(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Expresses deep concern about the human rights violations, especially against vulnerable groups in the MENA countries facing conflicts; considers children to be one of the most vulnerable groups and therefore reiterates the need to step up efforts to implement the revised implementation strategy for the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts, supporting the associated action plans and monitoring and reporting mechanisms;
Amendment 325 #
2014/2229(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Condemns the continued violations of the right to freedom of religion or belief in the region and reiterates the importance which EU places on this issue; restates once again that freedom of thought, conscience and religion is a fundamental human right; stresses therefore the need to effectively combat all forms of discrimination against religious minorities, in particular Christians who are being persecuted and facing the danger of extinction in their motherlands;
Amendment 326 #
2014/2229(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Welcomes the adoption during the 2013 reporting year of the EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief, and calls on the EU institutions and the Member States to pay particular attention to the implementation of these guidelines, both in international and regional forums and in bilateral relations with third countries; commends the new VP/HR for stating that freedom of religion or belief is one of the human rights priorities; encourages the VP/HR and the EEAS to engage in a permanent dialogue with NGOs, religious or belief groups and religious leaders;
Amendment 327 #
2014/2229(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Stresses the importance of new prodemocracy tools enhancing long term stability in MENA region such as European Endowment for Democracy (EED); calls on the Member States, in a spirit of solidarity and commitment, to provide the Endowment's budget with sufficient funding to ensure the most flexible and effective support for local actors of democratic change in the region;
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 71 #
2014/2216(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
(1) Welcomes the European Commission's decision to place the rule of law at the heart of the enlargement process; urges the EU to follow closely the implementation of provisions protecting human rights and of the rights of persons belonging to minorities throughout the enlargement process;
Amendment 236 #
2014/2216(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Encourages the EEAS to pay detailed attention to the country conclusions of the United Nations Committee against Torture and the Council of Europe Committee for the Prevention of Torture, and to raise these concerns systematically in political dialogues with the countries concerned as well as in public statements; calls on the EEAS and the Member States, especially the EU delegations and the Member States, especially their embassies on the ground also to develop a more effective implementation plan for the EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment;
Amendment 239 #
2014/2216(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Stresses the fact that members of vulnerable groups such as ethnic, linguistic and religious groups are more often exposed to torture or ill treatment in detention, therefore require special attention;
Amendment 302 #
2014/2216(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Expresses its serious concern over the shrinking space of legitimate civil society action in many countries around the world; considers a free civil society to be one of the foundations for the protection and support of human rights and democratic values in all societies; in this respect welcomes all EU programmes that aim at training of young professionals from third countries and simplifying student exchange programs for third country nationals as these foster the active participation of youth in democracy building and contribute effectively to the development of civil society;
Amendment 348 #
2014/2216(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Strongly condemns the use of sexual violence against women as a tactic of war, including crimes such as mass rape, sexual slavery, enforced prostitution, gender- based forms of persecution including female genital mutilation, trafficking, early and forced marriages, honour killings and all other forms of sexual violence of comparable gravity; remains particularly concerned in this regard at the situation in the Great Lakes region of Africa; expresses its support for the work of UN Women, the UN Special Rapporteur on violence against women, its causes and consequences, and the UN Special Representative on Conflict- related Sexual Violence; welcomes that the Sakharov Prize was awarded in 2014 to Dr Denis Mukwege for his outstanding fight for the protection of girls and women who became victims of sexual violence during armed conflicts;
Amendment 391 #
2014/2216(INI)
Motion for a resolution
Paragraph 69 a (new)
Paragraph 69 a (new)
Rights of persons belonging to national minorities
Amendment 392 #
2014/2216(INI)
Motion for a resolution
Paragraph 69 b (new)
Paragraph 69 b (new)
69b. Emphasises that national minority communities have specific needs, therefore full and effective equality between persons belonging to a national minority and those belonging to the majority should be promoted in all areas of economic, social, political and cultural life;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 401 #
2014/2216(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Welcomes the EU’s cooperation with UNICEF and other organizations and NGOs committed to children rights, which has resulted in a toolkit for the mainstreaming of children’s rights in development cooperation; welcomes the use of the Nobel Prize money awarded to the EU to assist children in conflict situations; welcomes the EU’s participation in the October 2013 Third Global Conference on Child Labour held in Brasilia, and its participation in the negotiation of the tripartite declaration on child labour;in particular the Child Rights Manifesto and encourages more Members of the European Parliament, as well as national parliamentarians, to sign the Manifesto and become 'child rights champions'; welcomes the use of the Nobel Prize money awarded to the EU to assist children in conflict situations; ; recalls the importance of providing psychological support for children who have been exposed to violent events or are victims of war; underlines the importance of ensuring access to education for children affected by conflicts; welcomes the EU’s participation in the October 2013 Third Global Conference on Child Labour held in Brasilia, and its participation in the negotiation of the tripartite declaration on child labour; (The Child Rights Manifesto was co- authored by Unicef, Eurochild, World Vision, Children of Prisoners Europe, European Federation for Street Children, European Youth Forum, European Falcon Movement (IFM -SEI), International Juvenile Justice Observatory, Missing Children Europe, Plan EU office, PICUM, Save the Children, SOS children's villages, Terre des Hommes, Alliance for Childhood)
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 412 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; emphasises the fact that children and adolescents should participate only in work that does not affect their health and personal development and does not interfere with their schooling; stresses the importance of prioritising children’'s rights within EU external policy;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 418 #
2014/2216(INI)
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73a. Points out that child undernutrition and malnutrition in developing countries raises serious concerns; welcomes in this regard the recently adopted Framework for Action during the Second International Conference on Nutrition that sets out as global target the reduction with 40% of the number of children under five who are stunted globally;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 462 #
2014/2216(INI)
Motion for a resolution
Paragraph 76 a (new)
Paragraph 76 a (new)
76a. Welcomes the new EU Aid Volunteers initiative that from 2014-2020 will create opportunity for some 18.000 persons from the EU and third countries to participate worldwide in humanitarian operations where aid is most urgently needed and to demonstrate solidarity by helping communities struck by natural or man-made disasters;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 119 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submitinitiate a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 12 #
2014/2006(INI)
Motion for a resolution
Citation 10
Citation 10
– having regard to its resolution of 12 December 2012 on the situation of fundamental rights in the European Union (2010 - 2011)1 , as well as to working documents I and II of the Committee on Civil Liberties, Justice and Home Affairs on the situation of fundamental rights in the European Union in 2012,; __________________ 1 Texts adopted, P7_TA(2012)0500.
Amendment 13 #
2014/2006(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 21 #
2014/2006(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the functioning of criminal justice has important repercussions on fundamental rights and furthermore is strongly linked to respect for the rule of law, more so than any other area of justice;
Amendment 24 #
2014/2006(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European Union Agency for Fundamental Rights’ annual report (2012), in its chapter on ‘access to efficient and independent justice’, expressed concerns over the situation of the rule of law, and in particular judicial independence, in certain Member States and, in this connection, over the fundamental right of access to justice, which has been seriously affected by the financial crisi in Member States;
Amendment 26 #
2014/2006(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the work of the EU institutions should be based on close cooperation and interaction, and should draw on the expertise ofshould be carried out in a way that it avoids overlapping activities with the various bodies of the Council of Europe so as to avoiding overlapping activities;
Amendment 35 #
2014/2006(INI)
Motion for a resolution
Recital J
Recital J
J. whereas any decision on the matter should guarantee, as soon as possible, the proper application of Article 2 TEU and ensure that every decision is taken on the basis of objective criteria and an objective evaluation, in order to address criticisms of a lack of indicators and evaluation criteria, differential treatment and political bia without applying double standards;
Amendment 37 #
2014/2006(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 44 #
2014/2006(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the EU Justice Scoreboard drawn up by the Commission; calls for the justice scoreboard exercise to assess all areas of justice, including criminal justice and all justice-related horizontal issues, such as independence and the career of judges; calls on the Commission to draw from the work already carried out by the bodies of the Council of Europe in this field, as well as that carried out by the European Union Agency for Fundamental Rights within the competence of the European Union;
Amendment 47 #
2014/2006(INI)
Motion for a resolution
Subheading 2
Subheading 2
Amendment 49 #
2014/2006(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Council to ensure that the European Parliament and the national parliaments are fully involved in the procedure, that the scoreboard is regularly presented to them and that it is subject to a debate at an inter-parliamentary meeting on a regular basi in accordance with the Treaties;
Amendment 53 #
Amendment 58 #
2014/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to address Parliament’s repeated request and propose a mechanism for the regular assessment of Member States’ compliance with the fundamental values of the EU, as set out in Article 2 TEU, providing a basis for an early warning tool with appropriate interventions should systematic breaches of the principles of democracy and rule of law occur, and should the appropriate checks and balances fail to function in a Member Statequest on a mechanism for assessment on an equal footing, under the same conditions of all the Member States’ compliance with the fundamental values of the EU, as set out in Article 2 TEU, thus avoiding double standards;
Amendment 62 #
2014/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 71 #
2014/2006(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Council and the Member States to assume fully their responsibilities in relation to fundamental rights, as enshrined in the Charter and the relevant articles of the Treaties, in particular Articles 2, 6 and 7 TEU; believes that this is a pre-condition if the EU is to deal effectively with situations where the principles of democracy, rule of law and fundamental rights are curbed by Member States; calls for a role for the European Union Agency for Fundamental Rights in this mechanism, as well as for guidance to be drawn from the existing work of the various bodies of the Council of Europe;
Amendment 51 #
2014/0408(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States should ensure that in all proceedings, children are treated with care, sensitivity and respect for their age, special needs, maturity and level of understanding and take into consideration any communication difficulties they may have. Criminal proceedings involving children should be carried out in a non-intimidating and child-sensitive way.
Amendment 52 #
2014/0408(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Member States should ensure that children who are suspects or accused are treated equally, with special attention to vulnerable children.
Amendment 53 #
2014/0408(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States are encouraged to provide children involved in criminal proceedings with appropriate support and assistance in their efforts to reintegrate in society, in particular by taking measures to prevent suspected or accused children from discrimination in access to education and labour market and to prevent them from marginalisation.
Amendment 55 #
2014/0408(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
Amendment 56 #
2014/0408(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should also apply in respect of offences which have been allegedly committed after the age of 18 years by the same suspect or accused person and whichsuspect or accused person had reached the age of 18 years, where such offences are jointly investigated and prosecuted as they are inextricably linked to offences where criminal proceedings started against that person before the age of 18to which this Directive is applicable.
Amendment 62 #
2014/0408(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Children should be informed promptly and directly about their rights with regard to the proceedings, the charges brought against them, the possible consequences and about the available remedies. The information should be provided in writing and orally in a manner adapted to their age and maturity and in a language that they understand.
Amendment 64 #
2014/0408(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Where the child has to be assisted by a lawyer in accordance with this Directive but no lawyer is present, the competent authorities should postpone the questioning of the child for a reasonable period of time. However, in exceptional circumstances and only during the pre- trial stage, where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of the child, the competent authorities may immediately proceed with the questioning.
Amendment 70 #
2014/0408(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In some Member States certain minor offences, in particular minor traffic offences, minor offences in relation to general municipal regulations and minor public order offences, are considered to be criminal offences. It wouldmight be disproportionate to require the competent authorities to ensure mandatory access to a lawyer in respect of such minor offences. Where the law of a Member State provides that deprivation of liberty cannot be imposed as a penalty in respect of minor offences, the right to mandatory access to a lawyer shouldmight therefore apply only to proceedings before a court having jurisdiction in criminal matters.
Amendment 71 #
2014/0408(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States should, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on child victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subject to trafficking.
Amendment 72 #
2014/0408(COD)
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Member States should consider preventing criminalisation of children for acts which are not considered an offence or not penalised if committed by an adult.
Amendment 76 #
2014/0408(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure the personal integrity of a child who is arrested or detained, thedeprived of liberty, including being arrested, detained or imprisoned, to assess his or her general physical and mental state, and any medical needs, and to determine whether he or she should be subjected to questioning, investigative or evidence- taking measures, or any special measures taken or envisaged concerning him or her, that child should have access to a medical examination. The medical examination should be carried out by a physician.
Amendment 77 #
2014/0408(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In orderBearing in mind that children are particularly vulnerable, questioning may be perceived to be traumatic, therefore it is essential that questioning be carried out by trained professionals taking into consideration the children’s age, maturity, level of understanding and any communication difficulties they may have. Questioning should take place in the presence of a lawyer and, where so requested by the child and/or where that is in the best interest of the child, the holder of parental responsibility and, where necessary, specialist professionals. Thorough documentation and audio-visual recording of interviews are a vital safeguard serving both to guarantee that interviews will be conducted properly and to ensure sufficient protection of children who are not always able to understand the content of interviews to which they are subject,. In order to avoid any challenge of the content of an interview and thereby undue repetition of questioning, questioning of children should therefore be audio-visually recorded. This does not include questioning necessary to identify the child.
Amendment 79 #
2014/0408(COD)
Proposal for a directive
Recital 22
Recital 22
(22) However, it would be disproportionate to require the competent authorities to ensure audio-visual recording in all circumstances, in particular in cases of minor offences. Due account should be taken of the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred. If a child is deprived of liberty before conviction, any questioning of the child should be audio-visually recorded.
Amendment 81 #
2014/0408(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Children are in a particularly vulnerable position in relation to detention. Special efforts should be undertaken to avoid deprivation of liberty of children given the inherent risks for their physical, mental and social development and given that it seriously hampers their reintegration in society. Therefore, deprivation of liberty should be used only as a measure of last resort and for the shortest appropriate period of time. The competent authorities should consider alternative measures and impose such measures whenever this is in the best interests of the child. This may include the obligation to report to a competent authority, a restriction on contact with specific persons, a requirement to undergo therapeutic treatment or treatment for addiction and participation in educational measures.
Amendment 84 #
2014/0408(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Children deprived of liberty should have in particular the right to maintain regular and meaningful contact with parents, family and friends through visits and correspondence, unless exceptional restrictions are required in the best interests of the child and in the interests of justice.
Amendment 87 #
2014/0408(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Children should be judged in the absence of the public in order to protect their privacy and to facilitate their re- integration into society. IOnly in exceptional cases the court may decide that a hearing should be held publicly after it has taken due account of the best interests of, when in the best interest of the child, should the court be allowed to hold a hearing in public. Such a decision should be open for appeal by the child.
Amendment 88 #
2014/0408(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Member States should ensure that no information or personal data is made available or published, particularly in media, which could reveal or indirectly enable the disclosure of the child’s identity, including the image or the name of the child or the child’s family. Member States should seek to prevent the violation of privacy of children in connection with criminal proceedings and their outcome by the media, including via the Internet, also through taking appropriate measures.
Amendment 89 #
2014/0408(COD)
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) Member States should ensure that when records or documents containing personal and sensitive data of children are transferred, this transfer is in line with relevant data protection legislation.
Amendment 90 #
2014/0408(COD)
Proposal for a directive
Recital 28 c (new)
Recital 28 c (new)
(28c) Member States should consider ensuring that the protection of privacy as set out in this Directive extends after the child reaches the age of 18 and throughout his or her lifetime, avoiding stigmatization, prejudgments and/or enhancing future sentencing.
Amendment 93 #
2014/0408(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Member States should ensure that children have the right to appear in person and to participate in the trial and that they are enabled to actively participate, including by giving them the opportunity to be heard and to express their views when they are deemed to have a sufficient understanding of the procedure. Judges should give due consideration to the child’s views and opinion in accordance with the child’s age and maturity. Children should be provided with all necessary information on how to use their right to be heard effectively.
Amendment 104 #
2014/0408(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive applies to suspects or accused persons subject to criminal proceedings referred to in paragraph 1, and to persons subject to European arrest warrant proceedings referred to in paragraph 2, who are no longer children in the course of those proceedings, which started when they were childrenrelate to offences allegedly committed before those persons had reached the age of 18.
Amendment 107 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that children are informed promptly about their rights nd directly - in writing accordance with Directive 2012/13/EU. They shall also be informed about the following rights within the same scope as Directive 2012/13/EUnd orally, in a language and manner appropriate to their age and maturity – about the charges against them, the proceedings and their rights in accordance with Directive 2012/13/EU, including the following rights:
Amendment 111 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 9 a (new)
Article 4 – paragraph 1 – point 9 a (new)
(9a) their right to appeal.
Amendment 117 #
2014/0408(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States shall ensure that the child has the right to meet with the holder of parental responsibility promptly following arrest or detention, and in any event prior to questions, and to request to have such adult present during questioning and all other investigative acts during the criminal proceedings, provided that this is in the best interest of the child.
Amendment 121 #
2014/0408(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that children are assisted by a lawyer throughoutat every stage of the criminal proceedings in accordance with Directive 2013/48/EU. The right to access to a lawyer cannot be waived. However, in minor cases this assistance might be provided by a pedagogical authority where such pedagogical solution prevails over a conviction.
Amendment 124 #
2014/0408(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For that purpose children shall be individually assessed. The assessment shall take particular account of the personality and maturity of the child and their family, economic, and social background, their living environment and any specific vulnerabilities.
Amendment 135 #
2014/0408(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In case ofMember States shall ensure, when a child has been deprivationed of liberty of a child, Member States shall ensur when the proceedings or the best interest of the child so require, that the child has access without delay to a medical examination with a view, in particular, to assessing the general mental and physical condition of the child with the aim tof determineing any medical needs and the capacity of the child to face questioning or other investigative or evidence gathering acts or any measures taken or envisaged against the child.
Amendment 138 #
2014/0408(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any questioning of children by police or other law enforcement or judicial authority carried out prior to the indictment is thoroughly documented and, if in the best interest of the child, audio- visually recorded, unless it is not proportionate taking into account the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred.
Amendment 140 #
2014/0408(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that the questioning of children is carried out in a manner that takes account of their age, level of maturity and any other needs determined during the individual assessment conducted in accordance with Article 7.
Amendment 155 #
2014/0408(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that children are detained separately from adults, unless it is considered in the child’s best interest not to do so. When a detained child and may, when they reaches the age of 18 years, Member States shall provide the possibility to continue the separate detentiocontinue to be detained separately unless it is considered to be in wthere warranted, taking into account the individual circumstanceir best interests or in the best interests of other detained persons not to do so.
Amendment 156 #
2014/0408(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) ensure access to programmes that foster the development of the child and itshis or her future integration into society.
Amendment 159 #
2014/0408(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) ensure that all other rights of the child are protected.
Amendment 169 #
2014/0408(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that children are present athave the right to appear in person and to participate in the trial and shall take all necessary steps to enable them trialo participate fully, including by giving them the opportunity to be heard.
Amendment 173 #
2014/0408(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that judicial and law enforcement authorities and prison staff who deal with cases involving children are professionals specialising in the field of criminal proceedings involving children. They shall receive particular training, staff of detention facilities, and other relevant professionals who deal with cases involving children receive adequate training at a level appropriate to their contact with children with regard to children’s needs and legal rights, appropriate interviewing techniques, child psychology, communication in a language adapted to the child and pedagogical skills, as well as on rules of confidentiality.
Amendment 815 #
2014/0100(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. For the purposes of this Regulation, a product shall be regarded as bearing terms referring to organic production where, in the labelling, advertising material or commercial documents, such a product, its ingredients or feed materials are described in terms suggesting to the purchaser that the product, its ingredients or feed materials have been obtained in accordance with this Regulation. In particular, the terms listed in Annex IV, or their equivalents in other languages that, while not being official languages of the Union, their status is officially recognised by the constitution of a Member State; their derivatives or diminutives, such as ‘'bio' and 'eco', alone or combined, may be used throughout the Union [and in any language listed in that Annex] for the labelling and advertising of products referred to in Article 2(1) which comply with this Regulation.
Amendment 89 #
2014/0095(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Live performance artists, in particular, who often experience difficulties in organising tours in the Union. Students, researchers, culture professionals, pensioners, business people, service providers as well as tourists may also, sports persons and their staff, business people, visiting professors, lecturers, accredited journalists, business executives may wish to stay longer than 90 days in any 180-day period in the Schengen area. The lack of appropriate authorisation leads to a loss of potential visitors and consequently to an economic loss.
Amendment 97 #
2014/0095(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A new type of visa (‘touring visa’) should be established for both visa-exempt and visa-requiring third-country nationals planning to circulate in the territory of two or more Member States for more than 90 days, provided that they do not intend to stay for more than 90 days in any 180-day period in the territory of the same Member State. At the same time, the 90 days per 180 days rule should be maintained as a general dividing line between short stays and long stays, as it does not pose any problems for the vast majority of travellers.
Amendment 114 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Member State competent for examining and deciding on an application for a touring visa shall be the Member State whose external bordere the applicant intends to cross in order to enter the territory of the Member Statesstay for the longest period.
Amendment 124 #
2014/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) proof that they have accident and sickness insurance for all risks normally covered for nationals of the Member States to be visited, including repatriation costs.
Amendment 132 #
2014/0095(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Consulates may waive the requirement to present one or more supporting documents if the applicants work for or are invited by a reliable company, organisation or institution known to the consulate, in particular at managerial level, or as a researcher, student, artist, culture professional, sportsman or a staff member with specialist knowledge, experience and technical expertisertists, sports persons and their staff, business people, visiting professors, lecturers, accredited journalists, business executives and if adequate proof is submitted to the consulate in this regard. The requirement may also be waived for those applicants’ close family members, including the spouse, children under the age of 18 and parents of a child under the age of 18, in case they intend to travel together.
Amendment 133 #
2014/0095(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The examination of an application for a touring visa shall include, in particular, the assessment of whether applicants have sufficient financial means of subsistence for the whole duration of the intended stay, including their accommodation, unless it is provided by the inviting or hosting company, organisation or instituctivity of the applicants during the intended stay, including proof of financial means of subsistence and accommodation.
Amendment 139 #
2014/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. If applicants hold a travel document that is not recognised by one or more, but not all, Member States, the touring visa shall be valid for the territory ofonly in those Member States which recognise the travel document, provided that the intended stay is longer than 90 days in any 180-day period in the territory of the Member States concerned.
Amendment 141 #
2014/0095(COD)
Proposal for a regulation
Article 7 – paragraph 7 – point b
Article 7 – paragraph 7 – point b
(b) proof that they have accident and sickness insurance for all risks normally covered for nationals of the Member States to be visited, including repatriation costs.
Amendment 147 #
2014/0095(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. A fee of EUR 350 shall be charged for each application for an extension.
Amendment 150 #
2014/0095(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. An extension shall not exceed one year, and the overall length of an authorised stay, that is, tThe length of the initially authorised stay and its extension, shall not exceed twoone years.
Amendment 154 #
2014/0095(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
By [threewo years after the date of application of this Regulation] the Commission shall evaluate the application of this Regulation and assess the European added value of the touring visa with regard to the number of applications and the financial impact derived.
Amendment 114 #
2014/0094(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Applicants should not be required to present travel medical insurance when lodging an application for a short stay visa because it is an disproportionate burden for visa applicants and there is no evidence that holders of short stay visas present a bigger risk in terms of public medical expenditure in Member States than the visa exempted third country nationals.
Amendment 231 #
2014/0094(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Travel medical insurance 1. Applicants for a uniform visa for one or more entries shall prove that they are in possession of adequate and valid travel medical insurance to cover any expenses which might arise in connection with repatriation for medical reasons or in the event of death, urgent medical attention and/or emergency hospital treatment, during their stay(s) on the territory of the Member States. 2. Applicants for a uniform visa for more than two entries (‘multiple entries’) shall prove that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit. In addition, such applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays. 3. The insurance shall be valid throughout the territory of the Member States and cover the entire period of the person’s intended stay or transit. The minimum coverage shall be EUR 30 000. When a visa with limited territorial validity covering the territory of more than one Member State is issued, the insurance cover shall be valid at least in the Member States concerned. 4. Applicants shall, in principle, take out the insurance in their country of residence. Where this is not possible, they shall seek to obtain insurance in any other country. When another person takes out insurance in the name of the applicant, the conditions set out in paragraph 3 shall apply. 5. When assessing whether the insurance cover is adequate, consulates shall ascertain whether claims against the insurance company would be recoverable in a Member State. 6. The insurance requirement may be considered to have been met where it is established that an adequate level of insurance may be presumed in the light of the applicant’s professional situation. The exemption from presenting proof of travel medical insurance may concern particular professional groups, such as seafarers, who are already covered by travel medical insurance as a result of their professional activities. 7. Holders of diplomatic passports shall be exempt from the requirement to hold travel medical insurance.
Amendment 272 #
2014/0094(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The central authorities consulted shall reply definitively within fiseven calendar days after being consulted. The absence of a reply within this deadline shall mean that they have no grounds for objecting to the issuing of the visa.
Amendment 275 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 105 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17.
Amendment 328 #
2014/0094(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The period of validity and/or the duration of stay of an issued visa shall be extended where the competent authority of a Member State considers that a visa holder has provided proof of force majeure or humanitarian reasons preventing him from leaving the territory of the Member States before the expiry of the period of validity of or the duration of stay authorised by the visa. Such an extension shall be granted free of charge.
Amendment 336 #
2014/0094(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 84 #
2013/2169(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the EU to address types of torture affecting children, especially linked to child trafficking, child pornography, child soldiers, children in military detention, child labour, child witchcraft, and other vulnerable groups of children, including in orphanages, detention centres and refugee camps wherever authorities are involved in any way in torture affecting children;
Amendment 107 #
2013/2169(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the fact that members of vulnerable groups such as ethnic, linguistic and religious groups are more often exposed to torture or ill treatment in detention, therefore require special attention;
Amendment 110 #
2013/2169(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recommends that HRCSs should address the root-causes of violence and ill- treatment by government agencies and in private settings and they should define assistance needs with a view to offering EU technical assistance for capacity building, legal reform and training in order to help third countries comply with international obligations and norms, in particular in the context of signing and ratifying the CAT and the OPCAT, and complying with the provisions they contain on prevention (specifically establishing national preventive mechanisms (– NPMs), fighting impunity and the rehabilitation of victims;
Amendment 116 #
2013/2169(INI)
Motion for a resolution
Paragraph 23 – subparagraph 1 (new)
Paragraph 23 – subparagraph 1 (new)
Calls on the EU delegations and the EU member state embassies on the ground to implement the provisions contained in EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment and on the EEAS and COHOM to regularly monitor their implementation;
Amendment 124 #
2013/2169(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on EU and EP delegations to carry out prison visits and observe trials where there is reason to believe that defendants may have been subjected to torture or ill- treatment and ask for information on and the independent investigation of individual cases;
Amendment 48 #
2013/2167(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists in particular on the promotion of women’s rights and their empowerment as well as the fight against any sort of discrimination based on gender or sexual orientation; underlines the importance of protecting persons belonging to vulnerable groups such as children or members of ethnic or religious minorities;
Amendment 52 #
2013/2167(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the EU to promote the ratification and implementation of the key international human rights treaties, including core labour rights conventions, as well as regional human rights instruments especially instruments of the Council of Europe;
Amendment 85 #
2013/2167(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that defending smaller and, national and language minority cultures and promoting their ability to express themselves is a way to avoid a vision of cultural differences as a confrontation between irreconcilable blocks;
Amendment 73 #
2013/2152(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the vital importance of efficient and credible implementation of the stated commitments, both in the Strategic Framework and in the Action Plan; points out that credibility requires adequate resourcing of dedicated human rights policies, commonly agreed 'minimum items' and consistent mainstreaming at a high political level, such as at ministerial and summit meetings with third countries;
Amendment 103 #
2013/2152(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the efforts made by the EEAS to finalise the first cycle of EU human rights country strategies; recommends that, as part of the human rights country strategies, the EU agree on a list of 'minimum items' to be raised with its relevant counterparts in third countries during official meetings and visits; reiterates its support for the objective of giving ownership of the country strategy to the EU delegation on the ground, while ensuring quality control at headquarters level; regrets, however, the lack of transparency regarding the contents of the country strategies;
Amendment 150 #
2013/2152(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly encourages the EU to support an active and independent civil society worldwide, both politically and financially, through, for example, the European Instrument for Democracy and Human Rights (EIDHR); suggests that the opening up of European student exchange programmes to third country youth and the creation of training programmes for young professionals would foster the active participation of youth in democracy building and would strengthen civil society;
Amendment 160 #
2013/2152(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the European Commission's decision to place the rule of law at the heart of the enlargement process; urges the EU to remain vigilant during the enlargement processes and to demand rigorous implementation of provisions critical to human rights, such as active protection of the rights of persons belonging to national minorities, establishing the rule of law and effective access to justice, and guaranteeing fundamental freedoms in order to safeguard equal treatment of these minorities with regard to education, healthcare, social and other public services, establishing the rule of law and effective access to justice, and guaranteeing fundamental freedoms and full and effective equality between persons belonging to a national minority and those to the majority in all areas of social, economic, political and cultural life;
Amendment 165 #
2013/2152(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes with concern that respecting the rights of minorities is one of the key challenges identified in the Commission's Enlargement Strategy for 2012-2013; encourages the Member States to launch a general public debate on the acceptance of minorities through education, civil society engagement, and awareness-raising in general; regrets that the Roma community is particularly disadvantaged throughout the Western Balkfunctioning system of minority national councils is challenged before the Serbian Constitutional Court endangering their guaranteed competences; regrets that the Roma community is particularly disadvantaged throughout the Western Balkans and the worrying number of ethnic-based incidents committed against members of national minority communities, in particular Hungarians; condemns the generally negative societal attitudes towards vulnerable groups such as the LGBT community and people with disabilities, which is a recurring issue in many enlargement countries;
Amendment 231 #
2013/2152(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Welcomes the launch from January 2014 the EU Aid Volunteers initiative that will create opportunity for more than 8.000 EU and non-EU citizens to be trained and deployed to humanitarian operations worldwide and another 10.000 people are expected to support the EU Aid Volunteers as 'online volunteers' with tasks that can be carried out from home on a computer;
Amendment 252 #
2013/2152(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Stresses the need for international monitoring of the human rights situation in China and calls on EU Member States to actively engage in establishing this monitoring in light of the failure of the EU- China dialogue on human rights to achieve significant and tangible results; recalls that the EU could serve as a facilitator in this regard by creating greater trust, finding new modalities of dialogue and improving already existing instruments;
Amendment 256 #
2013/2152(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52a. Recalls that the situation of human rights in Tibet is still worrying and despite the economic development in the region the distribution of welfare is not balanced which results in a high rate of youth unemployment; stresses the need for improvement of the education system with special regard to bilingual education in the region in order to preserve national identity and heritage and also to tackle the causes of youth unemployment;
Amendment 277 #
2013/2152(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57a. Recalls the commitment of the VP/HR to focus in election observation on the participation of women and national minorities, as well as persons with disabilities both as candidates and voters;
Amendment 338 #
2013/2152(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Calls for a targeted campaign on the rights of the child with a specific focus on violence against children; calls on the universal ratification of the UN Convention of the Rights of the Child; looks forward to efficient implementation of the integrated EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016, which identified child labour as a root cause of trafficking in human beings; emphasises the fact that children and adolescents should participate only in work that does not affect their health and personal development;
Amendment 251 #
2013/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that historical truth and memory, nurtured among other things by educational activities and cultural events, will reinforce genuine reconciliation between nations and authentic European integration based on truth; suggest creating possibilities within educational frames for the younger generations to meet with the still living witnesses of the European historical moments and turning points of XX. Century;
Amendment 254 #
2013/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that historical truth and memory, nurtured among other things by educational activities and cultural events, will reinforce genuine reconciliation between nations and authentic European integration based on truth and therefore recommends that greater efforts should be made to teach the history of Eastern Europe in Western Europe and vice versa;
Amendment 334 #
2013/2129(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the European Union should support cooperation between institutes and organisations which foster historical memory, and in this context calls on the Commission to ensure financial support for professional historical research to form the basis for future educational and cultural projects; calls for historical archives to be fully opened up to research historians; welcomes the initiative of the European Parliament to establish a House of European History;
Amendment 335 #
2013/2129(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the European Union should support cooperation between institutes and organisations which foster historical memory, and in this context calls on the Commission to ensure financial support for professional historical research to form the basis for future educational and cultural projects; calls for historical archives, particularly archives of repressive forces of the totalitarian dictatorships, to be fully opened up to research historians;
Amendment 350 #
2013/2129(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Supports the initiatives of writing joint history textbooks, which can contribute to better understanding of nations and communities living traditionally next to each other;
Amendment 351 #
2013/2129(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for efforts to make education on totalitarianism in Europe more comprehensive, including education, research and remembrance on crimes committed by the totalitarian Communist regimes, which could not have been adequately addressed during the post-war decades;
Amendment 353 #
2013/2129(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that archives are essential for research and in turn research for the promotion of education and knowledge, therefore calls for a Statute of European Heritage for historical archives, including those of the former internal security services, secret police and intelligence agencies, which would provide a safeguard for the common history of the European Union;
Amendment 15 #
2013/2109(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas all existing mutual recognition instruments in the field of criminal justice complement each other, therefore that very instrument should be used, which can lead to the best result; and whereas both the issuing and executing authorities have the duty to cooperate and to find the best solution to a case;
Amendment 27 #
2013/2109(INL)
Motion for a resolution
Recital C – point iii
Recital C – point iii
(iii) the lack of regular review of the Schengen Information System (SIS) and Interpol alerts as well as the lack of an automatic link between the withdrawal of a European Arrest Warrant (EAW) and the removal of such alerts, and uncertainty as to the effect of a refusal to execute an EAW on the continued validity of an EAW and the linked alerts with the result that persons subject to refused EAWs are unable to move freely within the area of freedom, security and justice for fear of future arrest and surrender;
Amendment 60 #
2013/2109(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Keeping in mind the new legal framework from 2014 under the Lisbon Treaty, considers that this report should not deal with problems arising directly from the incorrect implementation of Framework Decision 2002/584/JHA since it is more appropriate that such problems are remedied by way of enforcement proceedings brought by the Commission; underlining that many of the occurred problems can be solved through better and correct implementation of the Framework Decision;
Amendment 67 #
2013/2109(INL)
Motion for a resolution
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Therefore requSuggests that the Commission to submitinitiates, on the basis of Article 82 of the Treaty on the Functioning of the European Union, legislative proposals following the detailed recommendations set out in the Annex hereto and providing for:
Amendment 70 #
2013/2109(INL)
Motion for a resolution
Paragraph 3 – point a
Paragraph 3 – point a
(a) a mandatory refusal ground based on the infringement or risk of infringement of human rights applicable to mutual recognition instruments; in the same time calls on Member States to explore all the existing possibilities in the current Framework Decision (e.g. Article 12 of the Preamble) in order to better safeguard the protection of fundamental rights of citizens;
Amendment 84 #
2013/2109(INL)
Motion for a resolution
Paragraph 3 – point d
Paragraph 3 – point d
Amendment 86 #
2013/2109(INL)
Motion for a resolution
Paragraph 3 – point e
Paragraph 3 – point e
(e) consistent legal remedies to secure the right to an effective legal remedy in compliance with Article 47(1) of the Charter of Fundamental Rights of the European Union, bearing in mind that all mutual recognition instruments are in need to secure the right to an effective remedy in compliance with Article 47(1) of the Charter of Fundamental Rights of the European Union, thus a horizontal approach is welcomed;
Amendment 107 #
2013/2109(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on Member States and the Commission to cooperate in strengthening contact networks of judges, prosecutors and criminal defence lawyers to facilitate effective and well-informed EAW proceedings, and to offer relevant training at national and European level to judicial and legal practitioners including defence lawyers acting in such proceedings. on the adequate use of the EAW, as well as on the combined use of the different mutual recognition instruments;
Amendment 111 #
2013/2109(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to provide adequate funding to bodies such as the Eurojust and European Judicial Training Network, to the potential European Arrest Warrant Judicial Network and to a network of defenc which can provide support to the lawyers working on European criminal justice and extradition matters.;
Amendment 138 #
2013/2109(INL)
Motion for a resolution
Annex – recommendation 4 - title
Annex – recommendation 4 - title
Amendment 139 #
2013/2109(INL)
Motion for a resolution
Annex – recommendation 4 - indent 1
Annex – recommendation 4 - indent 1
Amendment 140 #
2013/2109(INL)
Motion for a resolution
Annex – recommendation 4 - indent 1 – point i)
Annex – recommendation 4 - indent 1 – point i)
Amendment 141 #
2013/2109(INL)
Motion for a resolution
Annex – recommendation 4 - indent 1 – point ii)
Annex – recommendation 4 - indent 1 – point ii)
Amendment 1 #
2013/2007(INI)
Motion for a resolution
Heading 1
Heading 1
Amendment 10 #
2013/2007(INI)
Motion for a resolution
Citation 13
Citation 13
– having regard to its resolution of 14 January 2004 on preserving and promoting cultural diversity: the role of the European regions and international organisations such as UNESCO and the Council of Europe5 , and to its resolution of 4 September 2003 on European regional and lesser-used languages – the languages of minorities in the EU – in the context of enlargement and cultural diversity,
Amendment 25 #
2013/2007(INI)
Motion for a resolution
Recital D
Recital D
D. whereas all languages, including those which are endangered, reflect historical, social, cultural and ecological knowledge and skills that form part of the richness of the European Union; thus the linguistic diversity and the presence of endangered languages within a country should be seen as an asset instead of burden, and so should be supported and promoted;
Amendment 30 #
2013/2007(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there areaccording to UNESCO therefo are many traditional European languages throughout the EU thatapproximately 130 languages within the European Union which should be regarded as being endangered: in the High North, in Atlantic areas in northern and southern Europe, in the Alps, in the Pyrenees, in the Mediterranean, in northern Europe, in cCentral-Eastern Europe and in European territories overseas;
Amendment 40 #
2013/2007(INI)
Motion for a resolution
Recital H
Recital H
H. whereas respect for linguistic diversity makes a positive contribution to social cohesion by boosting self-esteem, and whereas linguistic diversity fosters access to culture and contributes to creativity and to the acquisition of intercultural skills, especially in border areas;
Amendment 49 #
2013/2007(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the category of endangered languages covers also such languages, which are endangered only on a particular territory, where the number of speakers of the community is in a process of significant decrease; as well as those cases where the statistics of consecutive censuses show a dramatic drop in the number of speakers of a specific language;
Amendment 64 #
2013/2007(INI)
Motion for a resolution
Recital L
Recital L
L. whereas, the issue of endangered languages does not receive enough specific attention within the policy of multilingualism of the European Commission; and whereas over the last two multiannual financial framework periods (2000-2007 and 2007-2013), European funding for these languages has been cut drastically, and whereas this has added to their problems;
Amendment 73 #
2013/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the European Union and the Member States to pay more attention to the extreme danger that many European languages are in, and to commit wholeheartedly to a policy of protection and promotion that is up to the job of preserving the unique diversity of the Union's linguistic and cultural heritage by supporting ambitious protection policies within the language communities concerned;
Amendment 74 #
2013/2007(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Calls on the European Union and the Member States to pay more attention to the extreme danger that many European languages are in, and to commit wholeheartedly to a policy of protection and promotion that is up to the job of preserving the diversity of the Union's linguistic and cultural heritage by supporting ambitious protection policies within the language communities concerned; encourages Member States to produce action plans for the promotion of endangered languages based on shared good practices which are already available within a number of language communities in Europe;
Amendment 79 #
2013/2007(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States who have not yet done so to ratify and fully implement the Council of Europe European Charter for Regional or Minority Languages, because the Charter acts as a benchmark for the protection of endangered languages as well;
Amendment 89 #
2013/2007(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to propose concrete policy measures for the protection of endangered languages. Calls on the Commission and the Council to adapt EU policies and programmes so as to support endangered languages and linguistic diversity using EU financial support tools for the period between 2014 and 2020, including: programmes on education and training, youth and sport, the culture and media programme, the structural funds (cohesion fund, ERDF, ESF, European territorial cooperation, EARDF) and all instruments designed to promote new technologies and multimedia platforms;
Amendment 102 #
2013/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that the European Union should support a language policy that enables children to acquire two mother tongueshe endangered language from the very earliest age; points out that such a programmeolicy would, as all linguists maintain, help children learn additional languages later on, and that it would offer speakers of traditionalendangered languages practical support in revitalising intergenerational language transmission in areas in which it is dwindling;
Amendment 118 #
2013/2007(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the Commission's multilingualism programmes; takes the view that promoters of projects connected with minority languages must be able to take advantage of the opportunities they offer, and, given that language communities fighting for the survival of endangered languages often consist of small groups of people, urges the Commission not to deem programmes involving these communities ineligible for funding on the grounds of low levels of financial commitment, but to support especially those small endangered language groups;
Amendment 128 #
2013/2007(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the importance of the language transmission of the endangered languages within the families from generation to generation and the promotion of learning of endangered languages within a specific education system if needed; Members States and regional authorities are encouraged to develop education policies and teaching materials for this reason;
Amendment 133 #
2013/2007(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Takes the view that the role of media, especially of new media can play an important role in the protection of endangered languages, particularly for future generations, furthermore underlines that new technologies could also be used in favour of these aims;
Amendment 136 #
2013/2007(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Suggests that endangered language communities should be empowered by both the international community and the Member States to recognise that the use and preservation of their own language represents an asset both for their own community and Europe;
Amendment 159 #
2013/2007(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention among others to the useful ‘adum.info’ and 'Eurolang' websites that provides information on EU programmes under which funding is available for projects that promote minority and endangered languages, and calls on the Commission to issue another call to update these websites to include the new programmes for the period between 2014 and 2020, and to provide more information on this subject, especially for the attention of the language communities concerned;
Amendment 48 #
2013/0409(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) In some Member States certain minor offences, in particular minor traffic offences, minor offences in relation to general municipal regulations and minor public order offences, are considered to be criminal offences. In such situations, it would be unreasonable to require that the competent authorities ensure all the rights under this Directive. Where the law of a Member State provides in respect of minor offences that deprivation of liberty cannot be imposed as a sanction, this Directive should therefore apply only to the proceedings before a court having jurisdiction in criminal matters.
Amendment 59 #
2013/0409(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, Member States may provide in their legislation for the possibility to limit granting provisional legal aid to cases where this is required by the interests of justice. Whether this is the case shall be assessed by the competent authorities without undue delay upon the deprivation of liberty and at the latest before questioning.
Amendment 93 #
2013/0409(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Without prejudice to the right to a fair trial, in respect of minor offences: (a) where the law of a Member State provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or (b) where deprivation of liberty cannot be imposed as a sanction; this Directive shall only apply to the proceedings before a court having jurisdiction in criminal matters. In any event, this Directive shall fully apply where the suspect or accused person is deprived of liberty, irrespective of the stage of the criminal proceedings.
Amendment 119 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, and when this is not proportionate taking into account the interests of justice, paragraphs 1 and 2 shall not apply.
Amendment 45 #
2013/0407(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Pursuant to Article 82(1) of the Treaty on the Functioning of the European Union (TFEU), 'judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgements ad judicial decisions...' while mutual recognition of decisions in criminal matters presupposes trust in each other's criminal justice system of the Member States.
Amendment 46 #
2013/0407(COD)
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
(-1 a) Article 11(1) of the Universal Declaration of Human Rights (the UDHR) adopted by the United Nations, Article 14 of the International Covenant on Civil and Political Rights (the ICCPR), Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR), and the Articles 47 and 48 of the Charter of Fundamental Rights of the European Union (the Charter) enshrine the principle of the presumption of innocence and the right to fair trial.
Amendment 54 #
2013/0407(COD)
Proposal for a directive
Recital 2
Recital 2
(2) By establishing minimum rules on the protection of procedural rights of suspects or accused persons, this Directive should strengthen the trust of Member States in the criminal justice systems of other Member States and can thus help to facilitate mutual recognition of decisions in criminal matters. Such common minimum rules shcould alsohave an impact on removeing obstacles to the free movement of citizens throughout the territory of the Member States.
Amendment 85 #
2013/0407(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The presumption of innocence is violated if, without the accused’s having previously been proved guilty according to law, a judicial decision or a public statement by judicial, police and other law enforcement authorities or other public authorities presents the suspects or accused persons as if they were convicted.
Amendment 120 #
2013/0407(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to monitor and evaluate the effectiveness of this Directive, Member States shouldare encouraged to collect data with regard to the implementation of the rights set out in this Directive. Such data should include data recorded by law enforcement and judicial authorities as regards the remedy applied where there has been a breach of any of the aspects of the right to presumption of innocence covered by this Directive and a breach of the right to be present at one's trial.
Amendment 121 #
2013/0407(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27 a) Children who are the most vulnerable should be given a specific degree of protection, therefore, in respect of some of the rights foreseen in this Directive, additional procedural safeguards should be applicable, set out in the Directive on procedural safeguards for children suspected or accused in criminal proceedings.
Amendment 127 #
2013/0407(COD)
Proposal for a directive
Article 2
Article 2
This Directive applies to natural persons suspected or accused in criminal proceedings from the moment a person becomes suspect or accused until the final conclusion of those proceedings.
Amendment 153 #
2013/0407(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 183 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall promptly inform the suspect or accused persons of their right to remain silent, and explain the content of this right and the consequences of renouncing or invoking it. The suspect or the accused person should also be informed of this right immediately prior to the commencement of any interview.
Amendment 224 #
2013/0407(COD)
Proposal for a directive
Article 11
Article 11
Amendment 56 #
2012/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact pointsand sharing information, and to make better use of the existing tools available to collect statistics data at the European level, such as Fronted and EASO;
Amendment 72 #
2012/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because; underlines the importance of prevention by strengthening police and judiciary cooperation between Member States. Calls on the Member States to effectively implement Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography; considers also that action should be taken in third countries to tackle the root causes of trafficking;
Amendment 82 #
2012/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the situation of many unaccompanied minors who live in hiding in the EU and who are particularly vulnerable to exploitation and abuse; calls on Member States' authorities and civil society organisations to work together and take all the necessary measures to ensure their protection and dignity.
Amendment 116 #
2012/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist services which must, on the one hand, assess the individual circumstances and needs of each minor and, on the other hand, provide them with all the information they need, in a language and form they can understand; calls on Member States to share best practices on child friendly tools to clarify to the children the procedures and their rights;
Amendment 181 #
2012/2263(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that any decision concerning unaccompanied minors should be on the basis of an individual assessment and in respect of the best interest of the child;
Amendment 47 #
2012/2145(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the lessons learned from the Arab Spring events must continue, to provide impetus for the EU to review and improve its policies on, inter alia, human rights defenders, international humanitarian law, human rights dialogues with third countries, and social media; whereas the opening up of European student exchange programmes to third country youth and the creation of training programmes for young professionals would foster the active participation of youth in democracy building and would strengthen civil society;
Amendment 78 #
2012/2145(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the VP/HR, the EEAS, the Council and the Commission, for the sake of efficiency, to ensure coherence and consistency between the various external financial instruments and existing or planned EU benchmarking, monitoring and evaluation activities and methodologies regarding human rights and democracy situations in third countries, including, inter alia: the human rights and democracy sections in the enlargement and neighbourhood policy progress reports; the assessment of the ‘more for more’ human rights and democracy principles set out for the European Neighbourhood Policy and the Southern Mediterranean; the planned inclusion of human rights in impact assessments carried out for legislative and non-legislative proposals and trade agreements, including human rights monitoring mechanisms in Partnership and Cooperation Agreements and Association Agreements; the Commission plan to introduce human rights assessment in the deployment of EU aid modalities (in particular regarding budget support); the strengthened monitoring mechanism to scrutinise implementation of human rights conventions in the GSP+ countries; the aim of systematising the follow-up use of EU Election Observation Mission reports; and the EU Council's emphasis on benchmarking as well as on continued and systematic consideration of aspects relating to human rights, gender and children affected by armed conflict in the lessons- learned documents of the CSDP missions;
Amendment 84 #
2012/2145(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes EU efforts to support and revitalise the human rights work within the UN system, including the conclusion of the review of the UN Human Rights Council in 2011; stresses the continued importance of supporting the independence of the Office of the High Commissioner for Human Rights, and the role of the thematic and country-specific UN Special Rapporteurs on human rights and looks forward to their close cooperation with the newly appointed EU Special Representative for Human Rights; emphasises the significance of the European Union accession of 22 January 2011 to the UN Convention on the Rights of Persons with Disabilities (CRPD) as the first UN human rights convention ratified by the European Union as a legal entity;
Amendment 152 #
2012/2145(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the new EU Aid Volunteers initiative that from 2014-2020 will create opportunity for some 10.000 Europeans to participate worldwide in humanitarian operations where aid is most urgently needed and to demonstrate European solidarity by helping practically communities struck by natural or man- made disasters;
Amendment 189 #
2012/2145(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reiterates its call on the Council and the Commission to develop a political strategy in relation to each EU election observation mission, followed up by an assessment of democratic progress two years after the mission, to be submitted during Parliament's annual human rights debate with the VP/HR; recalls the commitment of the VP/HR to focus in election observation on the participation of women and national minorities, as well as persons with disabilities both as candidates and voters;
Amendment 305 #
2012/2145(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72a. Emphasises that traditional national minority communities have specific needs different from other minority groups and there is a need to safeguard equal treatment of these minorities with regard to education, healthcare, social services and other public services, furthermore to promote in all areas of economic, social, political and cultural life full and effective equality between persons belonging to a national minority and those belonging to the majority;
Amendment 318 #
2012/2145(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Calls for the disarmament, rehabilitation and reintegration of child soldiers as a core element in the EU policies that aim at strengthening human rights, child protection and the replacement of violence with political conflict resolution mechanisms;
Amendment 336 #
2012/2145(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Recalls the specific commitment made in the Lisbon Treaty to focus on children's rights in EU's external policies; points out that the near-universal adoption of the UN Convention of the Rights of the Child provides a particularly solid international legal foundation to pursue progressive policies in this area, therefore calls on countries that have not ratified it yet to ratify and enforce it and its optional protocols as soon as possible;
Amendment 345 #
2012/2145(INI)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80a. Stresses the need to combat all forms of forced child labour, child exploitation and trafficking; calls for the better implementation of existing national and international rules that foster awareness of child abuse in the labour market; emphasises the fact that children and adolescents should participate only in work that does not affect their health and personal development or interfere with their schooling;
Amendment 7 #
2012/2130(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the Second Amendment of the Fundamental Law, tabled on 18 September 2012 in the form of an individual member's bill in full accordance with the procedural requirements of legislative initiative and adopted by the Hungarian Parliament on 29 October 2012, introducing the requirementpossibility of voter registration into the Fundamental Law,; and having regard to the Decision No 1/2013 of the Constitutional Court, which annulled the provision in respect of Hungarian citizens living in Hungary and uphold the possibility in respect of Hungarian citizens living abroad, having regard to the fact that the Parliament accepting the ruling of the Constitutional Court, as a proof of the functioning of checks and balances, withdrew the debated provision;
Amendment 9 #
2012/2130(INI)
Motion for a resolution
Citation 17
Citation 17
– having regard to the Fourth Amendment of the Fundamental Law, tabled on 8 February 2013 in the form of an individual member's bill in full accordance with the procedural requirements of legislative initiative and adopted by the Hungarian Parliament on 11 March 2013, which, among other provisions, integrates into the text of the Fundamental Law the transitional provisions (with the exception of the provision requiring voter registration) annulls requested by the Constitutional Court of Hungary on 28 December 2012 on procedural grounds (Decision No 45/2012),
Amendment 11 #
2012/2130(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Part V of the reasoning of the Constitutional Court's Decision No 45/2012, which among other states, that "following the decision of the Constitutional Court, it is the task and the responsibility of the constituent power to clear up the situation after the partial annulment. The Parliament shall make an evident and clear legal situation. The Parliament shall revise the subject matters of the annulled non-transitional provisions and decide on which matters should be re-regulated and on which level of legal sources. That is also for the Parliament to decide on which provisions to be re-regulated should be incorporated into the Fundamental Law and which should be laid down on level of [ordinary or cardinal] Acts",
Amendment 13 #
2012/2130(INI)
Motion for a resolution
Citation 30
Citation 30
– having regard to the joint statement of 11 March 2013 by President Barroso and Secretary General Jagland recalling their concerns regarding the Fourth Amendment of the Fundamental Law with respect to the principle of the rule of law; and having regard to the confirmation made by Prime Minister Orbán, in his letter addressed to President Barroso on 8 March 2013, of the full commitment of the Hungarian Government and Parliament to the European norms and values,
Amendment 14 #
2012/2130(INI)
Motion for a resolution
Citation 35
Citation 35
– having regard to the statements by the Office of the UN High Commissioner for Human Rights (OHCHR) of 15 February 2012 and of 11 December 2012 calling on Hungary, respectively, to reconsider legislation criminalizingon homelessness and to uphold the Constitutional Court's decision decriminalisingin this regard, and having regard to the provisions of the Fourth Amendment that recognize the right to adequate housing and the commitment to provide access to housing for every homelessness person,
Amendment 17 #
2012/2130(INI)
Motion for a resolution
Citation 37
Citation 37
– having regard to the ongoing infringement proceedings in Case C- 288/12 brought by the European Commission against Hungary over the independence of the dlegality of the termination of the mandate of the former Commissioner for Data pProtection authoritystill pending before the European Court of Justice,
Amendment 18 #
2012/2130(INI)
Motion for a resolution
Citation 38
Citation 38
– having regard to the Decision of the Court of Justice of the European Union of 6 November 2012 on the radical lowering of the retirement age for Hungarian judges, and having regard to the subsequent adoption of the Act No XX of 2013 amending the Act CLXII of 2011 - adopted by the Hungarian Parliament on 11 March 2013 - to comply with the decision of the European Court of Justice,
Amendment 20 #
2012/2130(INI)
Motion for a resolution
Citation 40
Citation 40
Amendment 22 #
2012/2130(INI)
Motion for a resolution
Citation 41
Citation 41
Amendment 27 #
2012/2130(INI)
Motion for a resolution
Recital C
Recital C
C. whereas respecting and promoting such common values is not only an essential element of the European Union's identity but also an explicit obligation deriving from Article 3(1) and (5) TEU, and therefore a sine qua non for becoming an EU Member State as well as for fully preserving membership prerogatives, the essential element of which are unfortunately not taken fully into account by several Member States, when concrete breaches of these values are identified;
Amendment 33 #
2012/2130(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, with the entry into force of the Treaty of Lisbon and pursuant to Article 6 TEU, the Charter has the same legal value as the Trebecame legally binding and Member Staties, hence transforming values and principles into tangible and enforceable rights must ensure its full application when implementing EU law;
Amendment 36 #
2012/2130(INI)
Motion for a resolution
Recital G
Recital G
G. whereas according to Article 7(1) TEU grants the EU institutions the power to assess whethermay determine that there is a clear risk of a serious breach of the commonby a Member State of the values referred to in Article 2 by a Member State, and to engage politically with the country concerned in order to prevent and redress violations, while the ultimate purpose of the means laid down in Article 7(2) and (3) TEU is to penalise and remedy any serious and persistent breach of common values; whereas before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure;
Amendment 37 #
2012/2130(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the scope of Article 2 TEU is not restricted by the limCharter does not apply to every situation of Article 51(1) of the Charter and the scope of Article 7 TEU is not limited to the policy areas covered byan alleged violation of fundamental rights as according to Article 51(1) it applies to Member States only when they are implementing EU law, and whereas as a consequence the EU can also act in the event of a breach of, or a clears repeatedly stated by Vice-President Viviane Reding in the former replies to MEPs when raisk of a breach of, the common values in areas falling under Member State's competencing concrete breaches of fundamental rights in Member States;
Amendment 38 #
2012/2130(INI)
Motion for a resolution
Recital J
Recital J
J. whereas respect for the Union's common values goes hand in hand with the EU's commitment to diversity, translated into the obligation for the Union to respect ‘the equality of Member States before the Treaties as well as their national identities’, inherent in their fundamental structures, political and constitutional' as stated in Article 4(2) TEU;
Amendment 40 #
2012/2130(INI)
Motion for a resolution
Recital K
Recital K
Amendment 42 #
2012/2130(INI)
Motion for a resolution
Recital L
Recital L
Amendment 48 #
2012/2130(INI)
Motion for a resolution
Recital P
Recital P
Amendment 51 #
2012/2130(INI)
Motion for a resolution
Recital R
Recital R
R. whereas Hungary is also a party to the International Covenant on Civil and Political Rights and other international legal instruments obliging, it to respects and implements all its obligations under international law and international democratic principles;
Amendment 52 #
2012/2130(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas in September 2006 following the leak of former Socialist Prime Minister Ferenc Gyurcsány's speech in which he confessed that during the electoral campaign the Socialist government forged data to hide the real economic situation of the country and said that they "were lying during morning, night and evening to win the elections" the EU did not taken any steps for intervention and whereas the left-wing block of the EP also blocked to raise the issue within the EP;
Amendment 53 #
2012/2130(INI)
Motion for a resolution
Recital R b (new)
Recital R b (new)
Rb. whereas in September and October 2006 thousands of people were continuously protesting against the Socialist Government on the streets of Budapest which demonstrations were brutally repressed by the police; whereas masses of severe human rights violations took place against peaceful commemorators; innocent civilians and several journalists were beaten up, tortured and detained unlawfully by the police forces acting on the order of the government infringing the most fundamental rights and human dignity, and all acknowledged European values; and whereas in these cases the European Parliament remained silent;
Amendment 54 #
2012/2130(INI)
Motion for a resolution
Recital R c (new)
Recital R c (new)
Rc. whereas incontestable evidence has been revealed during the investigation in the 'Portik-Laborc' case proving that during the Socialist government before 2010 the intelligence was in close contact and collaboration with most known actors of organized crime in Hungary, also aiming at discredit the FIDESZ being back then in opposition and to hinder its success in the upcoming 2010 election;
Amendment 55 #
2012/2130(INI)
Motion for a resolution
Recital R d (new)
Recital R d (new)
Rd. whereas the 8 years of the disastrous economic governance of the Socialists and Liberals between 2002 and 2010 led to the raise of public debt of Hungary from 53 per cent to above 80 per cent of GDP and made Hungary the first EU country to ask for an IMF bailout in 2008 in the beginning of the economic crisis;
Amendment 57 #
2012/2130(INI)
Motion for a resolution
Recital S
Recital S
S. whereas following the 2010 general elections in Hungary the democratically elected governing majority gained more than two thirds of the seats in parliament, enabling it to rapidly initiate intens with a clear mandate to reform and change the non-functioning pillars of the system, enabling it to initiate legislative activity to reshape the whole constitutional order of the country (the Constitution has been amended twelve times and the Fundamental Law four times so far) and thus substantially modify theo improve its institutional framework as well as a number of fundamental aspects of public life;
Amendment 67 #
2012/2130(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the scale of the comprehensive and systematic constitutional and institutional reforms (a root-and-branch revision of the legal system), which the new Hungarian Government has carried out in an exceptionally short time frame6 is unfull compliance with the applicable preocedented, andural requirements, explains why so many European institutions and organisations (the European Union, Council of Europe, OSCE) as well as the U.S. Administration have deemed it necessary to assess the impact of some reforms carried out in Hungary, wherea; whereas there should be no double standards in the treatment of Member States, thus the situation in other Member States, although following a different pattern, may also need tthe same pattern should also be monitored, while enforcingotherwise the principle of equality of the Member States before the Treaties, and whereas there should be no double standards in the treatment of Member States is not respected;
Amendment 68 #
2012/2130(INI)
Motion for a resolution
Recital V – footnote 6
Recital V – footnote 6
Amendment 69 #
2012/2130(INI)
Motion for a resolution
Recital W
Recital W
W. whereas a cooperative and open dialogue bhased on openness, inclusiveness, solidarity and mutual respect been continuously taking place between the European institutions and the Hungarian authorities is necessary in the framework of the abon all questions raised by the Commission and whereas Prime Minister Orbán repeatedly assured his openness towards constructive dialogue, as well as the full commitment of the Hungarian Gove-rnmentioned community of democratic values and Parliament to the European norms and values, among others also reassured in his letter addressed to President Barroso on 8 March 2013;
Amendment 74 #
2012/2130(INI)
Motion for a resolution
Recital X
Recital X
X. whereas a need for a new constitution has been existed since the amendment of the communist 1949 Constitution in 1989, regarded as provisional; whereas the adoption of the Fundamental Law of Hungary – which was- passed on 18 April 2011, exclusively with the votes of the members of the governing coalition and on the basis of a draft text prepared by the representatives of the governing coalition – was conducted in the exceptionally short time frame of one month, thus restricting the possibilities for a thorough and substantial debate with the opposition parties and civil society on the draft text; finalised after a one-year long preparatory phase and more than one month long parliamentary debate dedicated exclusively to the Constitution- making process, where two opposition parties, based on their own political decision, chose to stay away from the discussions at the parliamentary sessions and remained reluctant to formulate proposals;
Amendment 78 #
2012/2130(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the ‘'national consultation’' on the draft Fundamental Law only consisted of a list of twelve questions on very specific issues drafted by the governing party in a way that could have lead to self- evident replies and which, above all, did not include the text of the draft Fundamental Law so that the public was not in a position to submit its views thereonwith the aim of seeking the opinion of the citizens on a number of fundamental questions instead of commenting on the draft text itself;
Amendment 82 #
2012/2130(INI)
Motion for a resolution
Recital Z
Recital Z
Z. whereas following a constitutional petition by the Hungarian Commissioner for Fundamental Rights, the Constitutional Court of Hungary annulled on 28 December 2012 (Decision No 45/2012) more than two thirds of the transitional provisions, on the grounds that they were not of a transitional natureformal reasons considering parts of these being non-transitional, stating that "it is a constitutional requirement that the Fundamental Law can only be modified or amended on the basis of Article S) of the Fundamental Law. The provisions modifying or amending the normative text of the Fundamental Law have to be built into the normative text of the Fundamental Law ("order of incorporation")";
Amendment 85 #
2012/2130(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas, despitebecause of thate Decision, the Fourth Amendment to the Fundamental Law, adopted on 11 March 2013, integrates into the text of the Fundamental Law all the transitional provisions annulled by the Constitutional Court, with the exception of the provision requiring electoral registration, as well as other previously- annulledmost of the transitional provisions;
Amendment 89 #
2012/2130(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas the use of cardinal laws in Hungary has constitutional tradition since 1989, whereas the previous Constitution contained 28 subject matters and the Fundamental Law of Hungary refers to 26 subject matters to be defin(more or less the same matters) to be regulated by cardinal laws (that is laws the adoption of which requires a two-thirds majority), which cover a wide range of issues relating to Hungary's institutional system, the exercise of fundamental rights and important arrangements in society; and whereas the use of two-thirds majority laws - or so called "organic act" - is common in many other Member States, such as Austria, France, Spain or Romania, and whereas in Austria more than 50 subject matters are to be regulated by two-thirds majority laws;
Amendment 90 #
2012/2130(INI)
Motion for a resolution
Recital AC
Recital AC
AC. whereas since the adoption of the Fundamental Law the parliament has enacted 49 cardinal laws7 (in one and a half years)laws7 that contain provisions of cardinal law value, in many cases these being simple majority laws which contain only those few provisions requiring two- third majority which amend cardinal laws;
Amendment 91 #
2012/2130(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas a number of issues, such as specific aspects of family law and the tax and pension systems, which usually fall under the ordinary decision-making powers of a legislature, are regulated by cacardinal laws are subject to the control of Constitutional Court in the same manner as ordinalry laws;
Amendment 92 #
2012/2130(INI)
Motion for a resolution
Heading I - Subheading 5
Heading I - Subheading 5
Amendment 96 #
2012/2130(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas important legislation, including the Fundamental Law, its second and fourth amendments, the transitional provisions of the Fundamental Law and a number of cardinal laws were enacted on the basis of individual members' bills, to which the rules set out in Act CXXXI of 2010 on the participation of civil society in the preparation of legislation and in Decree 24/2011 of the Minister of Public Administration and Justice on preliminary and ex-post impact assessment do not apply, with the consequence that legislation adopted through this streamlined procedure is subject to a restricted public debatethe use of the individual members' bills procedure is in full compliance with the applicable procedural requirements, and is part of the democratic legislative process;
Amendment 98 #
2012/2130(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas the adoption of a large number of cardinal laws in a very short time frame, including the acts on the legal status and remuneration of judges of Hungary and on the organisation and administration of courts of Hungary, as well as the acts on the freedom of religll the cardinal laws safeguarded all the legal requirements foreseen for adoption of such laws, when enacted on the basis of individual members' bills in full accordance with the procedural requirements to initiate legislation and onwith the National Bank of Hungary, inevitably restricted the possibilities for an adequate consultation of the opposition parties and the civil societylongstanding constitutional right of an individual MP right to submit bills to the Parliament;
Amendment 102 #
2012/2130(INI)
Motion for a resolution
Heading I - Subheading 6
Heading I - Subheading 6
Amendment 105 #
2012/2130(INI)
Motion for a resolution
Recital AG
Recital AG
AG. whereas, under the Fundamental Law, the powers of the Constitutional Court to review budget-related law1989 constitutional regime the newly established Hungarian Constitutional Court received the broadest possible powers thave been substantially limited to violations of an exhaustive list of rights, thus obstructing the review of constitutionality in cases of breaches of other fundamental rights, such as the right to propet can be delegated to a court of its kind, and whereas after twenty years of jurisprudence there was a broad consensus – even by members of the Court – that the powers of the Constitutional Court should be revised; and whereas in several Member States does not even exist the institute of a separate constitutional court at all (e.g. among others in Finland or in Greece, or the Danish system of courtys, the right to a fair trial and the right not to be discriminated against; which are based on a unified structure, or in Ireland, where Supreme Court can deal with constitutional issues);
Amendment 106 #
2012/2130(INI)
Motion for a resolution
Recital AG a (new)
Recital AG a (new)
AGa. whereas, under the Fundamental Law, the powers of the Constitutional Court to review budget-related laws are temporary in nature and limited in scope; and whereas the constitutional rules on the powers of the Constitutional Court regarding budget-related laws do not affect the right of the Constitutional Court regarding the unlimited ex ante review of all budget-related legislative acts, regarding the unlimited ex post review of all legal acts other than acts of Parliament (e.g. government decrees), regarding the full ex ante and ex post review of all budget-related legislative acts from a procedural point of view and regarding full ex ante and ex post review of all budget-related legislative acts with regard to their compliance with international treaty obligations;
Amendment 107 #
2012/2130(INI)
Motion for a resolution
Recital AG b (new)
Recital AG b (new)
AGb. whereas the Constitutional Court may ensure an effective fundamental rights protection even under the scope of restriction;
Amendment 108 #
2012/2130(INI)
Motion for a resolution
Recital AH
Recital AH
AH. whereas the Fourth Amendment of the Fundamental Law left untouched the already existing right ofintroduces for the first time an explicit reference enabling the Constitutional Court to review amendments to the Fundamental Law on procedural grounds, and whereas it excludes in the future the Court being able to review constitutional amendments on substantive grounds; ; whereas the Constitutional Court never had competence to review constitutional amendments on substantive grounds stated by the Constitutional Court in its interpretation several times; and whereas the assessment of the Venice Commission on the review of constitutional amendments by constitutional courts concludes that this is a rare feature of constitutional jurisdiction, and that "such a control cannot therefore be considered as a requirement of the rule of law" (paragraph 49 of Opinion No. 679/2012 on the Revision of the Constitution of Belgium); and whereas in several Member States the competences of the constitutional court is limited or restricted to a certain type of procedures, furthermore, there is no legal regulation for the competences of the constitutional court regarding the supervision of the constitution or any amendments thereof among others in Austria, Lithuania, Slovenia, France or Portugal;
Amendment 109 #
2012/2130(INI)
Motion for a resolution
Recital AI
Recital AI
AI. whereas the Constitutional Court, in its above-mentioned Decision 4561/2012,1 held that ‘Constitutional legality has not only procedural, formal and public law validity requirements, but also substantial ones. T"one of the most important arguments against the extension of the powers of the cConstitutional criteria of a democratic State under the rule of law are at the same timCourt to the review of the Constitution is that the cConstitutional values, principles and fundamental democratic freedoms enshrined in international treaties and accepted and acknowledged by communities of democratic States under the rule of law, as well as the ius cogens, which is partly the same as the foregoing. As appropriate, the Constitutional Court may even examine the free enforcement andCourt cannot create and cannot alter the Constitution which it is designed to protect and which it must apply as a yardstick in the course of the constitutional review of legislation. This is confirmed by the fact that, throughout its operation, the Constitutional Court has consistently refused to review the Constitution or its provisions. (...) Within the system of the division of powers, the power of the cConstitutionalisation of the substantial requirements, guarantees and values of democratic States under the rule of law.’ (Point IV.7 of the Decis Court, too, is a limited power. Following from this, the Constitutional Court will not draw the review the Constitution and new amendments to the Constitution within its competence without express authorisation in the Constitution);."
Amendment 110 #
2012/2130(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas the Fourth Amendment of the Fundamental Law further stipulates that the rulings of the Constitutional Court adopted before the entry into force of the Fundamental Law shall be repealed, and reintroduces into the Fundamental Law a number of (just as it happened in Poland in 1997 when the new Constitution entered into force), and whereas it should be however emphasized that with this decision the Parliament made it clear that the Constitutional Court was not tied to its decisions adopted on the basis of the former Constitution and that it may come to the same conclusions as before, nor does this provisions previously annulled by the Constitutional Court8 ent the Constitutional Court from referring to its earlier decisions as they form part of the so-called historical constitution (constitutional traditions) of Hungary that is specifically recognised by the Fundamental Law as a source of interpretation; and whereas the Constitutional Court has exactly done this in its Decision 10/2013. (IV. 25.) or Resolution No. III/3440/2012, when referring to pre-existing Constitutional Court decisions;
Amendment 115 #
2012/2130(INI)
Motion for a resolution
Recital AL
Recital AL
AL. whereas the new Freedom of Information Act, adopted in July 2011, reformed the data protection institution by estabolisheding the institutionNational Authority for Data Protection instead of the Commissioner on Data Protection and Freedom of Information, thus prematurely terminating the six-year-long mandate of the Commissioner and transferring its powers to the newly-establishedtransferring its powers to the newly-established Authority with a new status which attaches legal consequences to its procedures; whereas in its Decision No. 3076/2013. the Constitutional Court confirmed that the restructuring of an organisation may be an explicit constitutional reason for the shortening of the mandate of civil servants; whereas the independence of the new National Agencuthority for Data Protection whose independence is currently under review by the Court of Justice of the European Unionhas not been questioned by the European Commission and as regards the independence of the Authority the Venice Commission acknowledged that it is far better ensured in Hungary than in many other European states; and whereas the European Commission initiated infringement procedure on the legality of the termination of the mandate of the former Commissioner for Data Protection, which case is currently pending before the European Court of Justice;
Amendment 117 #
2012/2130(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas the Commission initiated an infringement procedure against Hungary on 8 June 2012, declaring that Hungary had failed to fulfil its obligations under Directive 95/46/EC by removing the data protection supervisor from office before the end of the mandate, thus putting at risk the independence of the off; whereas the case is currently pending before the European Court of Justice;
Amendment 119 #
2012/2130(INI)
Motion for a resolution
Recital AN
Recital AN
AN. whereas, according to the Fundamental Law and its transitional provisions, the six-year-long mandate of the former President of the Supreme Court (renamed the ‘Kúria’) was prematurely ended after two yearswas ended after two years, as the position ceased to exist in its original form due to the complete restructuring of the judiciary and the changes in the functions of the president and the vice-president of the Kúria; and whereas in its Decision No. 3076/2013. the Constitutional Court held that such an institutional restructuring was a sufficient ground for the early termination of the office of the President, as well as in its Decision No. 45/2012 these rules have been recognised as real and valid transitional provisions; furthermore whereas the European Commission has opted not to initiate an infringement procedure on this issue;
Amendment 121 #
2012/2130(INI)
Motion for a resolution
Recital AP
Recital AP
AP. whereas key safeguards for judicial independence, such as irremovability, guaranteed term of office, the structure and composition of the governing bodies, are not regulated in the Constitution but are – together with detailed rules on the organization and administration of the judiciary – still set out in the amended cardinal laws,; whereas it should be emphasized that the former Constitution did not contain more detailed rules on these issues either, and those have never been criticised; whereas, therefore thus the provisions of the Fundamental Law cannot be regarded as setbacks at any ways; and whereas in certain Member States the constitution does not refer to the judicial structure of the given country at all, or does not include any detailed regulation related to this (e.g. among others in Austria, France, Estonia, Finland or Germany);
Amendment 124 #
2012/2130(INI)
Motion for a resolution
Recital AQ
Recital AQ
AQ. whereas the independence ofFundamental Law defines the Constitutional Court ias not set forth in the Fundamental Law of Hungary and neither is the independencean autonomous organ regulated in a chapter separated from that of any other state organ; and whereas the Cardinal Act on Constitutional Court explicitly states that the Members of the aConstitutionomous administration of the judiciaryal Court are independent and only subordinated to law;
Amendment 126 #
2012/2130(INI)
Motion for a resolution
Recital AQ a (new)
Recital AQ a (new)
AQa. whereas the respective Act on the judiciary states - and it also follows from the Fundamental Law - that due to the principle of lawful judge, no one can be deprived from his/her legal judge, thus the purpose of the rule on case-transfer is to guarantee the fundamental right to a decision within a reasonable time and to distribute the case-loads of courts evenly; and whereas the procedure of allocation of a case has to be initiated by the court in charge with sound justification and never initiated by the President of the National Judicial Office;
Amendment 127 #
2012/2130(INI)
Motion for a resolution
Recital AR
Recital AR
AR. whereas the aaccording to the Fourth Amendment of the cardinFundamental lLaws on the judiciary as regards the power of the President of the National Judicial Office to transfer cases from the system of transfer of cases is being revised (Bill T/10593), and further constitutional guarantees were introduced: only groups of cases not individual cases may be transferred to other courts, the President of the National Judicial Office has no influence whatsoever on which court hears a given case, meaning the presiding court to another court to ensure the adjudicationgulation does not provide for the possibility of an ad hoc or ad personam appointment of the proceeding judge ofr cases within a reasonable periodhamber; whereas the details of timhe neither lays down objective criteria for the selection of the cases to be transferred nor entrusts the National Judicial Council with the mandate to adopt objective selection criteriaw mechanism were elaborated in consultation with the European Commission; and whereas the possibility of transfer of cases exists in the Netherlands as well regulated by the new Law on the Judiciary (Wet op de rechterlijke organisatie) that came into force on 1 January 2013;
Amendment 130 #
2012/2130(INI)
Motion for a resolution
Recital AU
Recital AU
AU. whereas on 11 March 2013 the Hungarian Parliament adopted Act No XX of 2013 amending the upper age limits with a view to complying with the rulings of the Hungarian Constitutional Court of 16 July 2012 and of the Court of Justice of the European Union of 6 November 2012; whereas, the Hungarian Government regularly informed the Commission on the developments; whereas in its letter to Vice-President Reding from 17 May 2013 Deputy Prime Minister Tibor Navracsics submitted all the data proving the execution of the CJEU judgement;
Amendment 134 #
2012/2130(INI)
Motion for a resolution
Recital AV
Recital AV
AV. whereas as part of the recent electoral reform the Hungarian Parliament passed, on 26 November 2012, on the basis of an individual member's bill in full accordance with the procedural requirements of legislative initiative, the Act on the election procedure, which aimed to replace the previous automatic voter registration of all citizens with residence in Hungary by a system of voluntary registration as a condition for exercising the individual's right to vote,
Amendment 139 #
2012/2130(INI)
Motion for a resolution
Recital AW
Recital AW
AW. whereas the Second Amendment of the Fundamental Law enshrining the requirement of voter registration was tabled as an individual member's bill in full accordance with the procedural requirements of legislative initiative on the same day as the draft law on the election procedure, namely on 18 September 2012, and was adopted on 29 October 2012,
Amendment 140 #
2012/2130(INI)
Motion for a resolution
Recital AX
Recital AX
AX. whereas, as a clear proof of functioning of checks and balances following the petition of the President of the Republic of 6 December 2012, the Constitutional Court established that the registration requirement represents an undue restriction on the voting rights of Hungarian residents, and is therefore unconstitutional, while considering voter registration for citizens residing abroad as justified; and whereas Parliament respecting the ruling of the Constitutional Court withdrew the debated provisions from the code on the electoral procedure;
Amendment 142 #
2012/2130(INI)
Motion for a resolution
Recital AY
Recital AY
AY. whereas, while considering voter registration for citizens residing abroad as justified, the Constitutional Court in its decision of 4 January 2013 further held that exclusion of the possibility of personal registration of voters without an address liv the aim of rules on the political advertisements in the Fourth Amendment was to create truly equal opportunities for the political parties in the electronic media as well as reduce campaign costs and contribute to the transparency and verifiability of campaign financing; whereas the Constitutional Court ing in Hungary is discriminatory ants above Decision held that the provisions allowing the publication of political advertisements only in the public media service during the electoral campaign, and the rules banning the publconstitute a disproportionate limitation of the freedom of expression and the freedom of the press; and whereas the electoral provisions have been revised in view of the Decision, thus the restrications ofn the publication of opinion polls within six days before the elections, disproportionally limithave been lifted and the rules of political advertisements have been amended as follows: internet, billboard, cinema, newspaper etc. advertisements will be unconstrained, and audio-visual advertising can only take place through the national media under pre-established, proportionate conditions, freedom of expression and freedom of the press,charge; whereas the consultations concerning the application of these rules are in progress with the European Commission;
Amendment 143 #
2012/2130(INI)
Motion for a resolution
Recital BD
Recital BD
BD. whereas Member States have a duty to constantly promote and protect freedom of opinion, expression, information and the media, and whereas, should these freedoms be placed at serious risk or violated in a Member State, the Union is obliged to intervene in a timely and effective fashion,the Union may intervene on the basis of its competences as enshrined in the Treaties and in the Charter, to protect the European democratic and pluralistic order and fundamental rights;
Amendment 144 #
2012/2130(INI)
Motion for a resolution
Recital BF
Recital BF
BF. whereas criticism of a number of theseveral provisions of Hungarian Media lregisulation has been voiced by Parliament and the Commission, the OSCE Representative on Freedom of the Media and the Council of Europe Commissioner for Human Rights, as well as by the Secretary General of the Council of Europe, the UN Special Rapporteur on the promotion of right to freedom of opinion and expression, and by a large number of international and national journalists' organisations, editors and publishers, NGOs active in the area of human rights and civil liberties, and Member States; whereas much of this criticism has subsequently turned out to be unfounded and unjustified;
Amendment 145 #
2012/2130(INI)
Motion for a resolution
Recital BJ
Recital BJ
BJ. whereas the Commission has raised concerns regarding the conformity of the Hungarian media law with the Audiovisual Media Services Directive and the acquis communautaire in general, notably in relation to the obligation to offer balanced coverage applicable to all audiovisual media service providers, and has also questioned whether that law complies with the principle of proportionality and respects the fundamental right to freedom of expression and information enshrined in Article 11 of the Charter, the country of origin principle and registration requirements, and whereas, in March 2011, following negotiations with the Commission, the Hungarian Parliament amended the law to address the points raised by the Commissionregulation according to the negotiation between the parties;
Amendment 146 #
2012/2130(INI)
Motion for a resolution
Recital BK
Recital BK
BK. whereas the OSCE has expressed serious, in certain issues factually mistaken, reservations regarding the material and territorial scope of Hungarian legislation, the politically homogeneous composition of the Media Authority and Media Council, the disproportionate penalties imposed, the lack of an automatic procedure for suspending penalties in the event of an appeal to the courts against a Media Authority ruling, the violation of the principle of the confidentiality of journalistic sources and the protection of family values;
Amendment 148 #
2012/2130(INI)
Motion for a resolution
Recital BN
Recital BN
BN. whereas an analysis by Council of Europe experts11 (which assessed compliance of the Media Acts as proposed for amendment in 2012 with Council of Europe standard-setting texts in the field of media and freedom of expression) recommended that specific provisions on registration and transparency, content regulation, obligations on news coverage, protection of sources, public service media and regulatory bodies be thoroughly revised, clarified or in some cases eliminated; and whereas on the basis of this analysis and on the Decision No.165/2011 of the Hungarian Constitutional Court, the Parliament, in July 2012, adopted the Act LXVI of 2012 amending the media legislation, which was prepared in consultation with the Council of Europe, establishing the procedural guarantees of the right to the protection of sources of information, narrowing the scope of the Press and Media Act as to press products, and creating a framework for the constitutional operation of the Media and Communications Commissioner;
Amendment 152 #
2012/2130(INI)
Motion for a resolution
Recital BP
Recital BP
BP. whereas, further toas a result of the dialogue conducted with the EU and the Secretary General of the Council of Europe through an exchange of letters and expert meetings, further legal amendments were tabladopted ion February25 March 2013 by the Act XXXIII of 2013 in order to strengthen and guarantee the independence of the media regulatory bodies, notably in respect of the rules relating to the conditions of the appointment and elecPresident of the Media Authority, to preclude the possibility of re-appointment of the President of the Authority as well as of the re-election of the Members of the Media Council, to set out legal obligations to consult NGOs and to take their proposals into consideration ofin the President of the National Media and Infocommunicationsnomination procedure, to set higher professional requirements for the appointment of the President of the Authority and the Members of the Media Council, and concerning,to maintain only the requirement of 'balanced' coverage, while respectively, the nomination procedure, the person making the appointment and repeated appointmentaling the adjectives 'comprehensive, factual, up-to-date, objective' as suggested by the Council of Europe; and whereas all the above steps prove the constructiveness of the Hungarian government in considering the criticism and suggestions to the media regulation, as these amendments were favourably received and deemed to constitute appropriate guarantees by the Secretary General of the Council of Europe;
Amendment 156 #
2012/2130(INI)
Motion for a resolution
Recital BQ
Recital BQ
BQ. whereas the Fourth Amendment imposes press restrictions as it bans all political advertising during electoral campaigns except for advertensures the publication of political advertisings via public media (radio and television) on an equal basis and free of charge, and it does not affect at all political advertisings not displayed through broadcasting services (e.g. posters, flyers, internet); whereas similar restriction exists in a number of European countries, such as France and Italy and was also recognised by the European Court of Human Rights in one of its recent judgments; and whereas the Hungarian Government is ing in the public media consultation with the European Commission with a view to fine-tuning the rules on political advertising;
Amendment 157 #
2012/2130(INI)
Motion for a resolution
Recital BR
Recital BR
Amendment 160 #
2012/2130(INI)
Motion for a resolution
Recital BS a (new)
Recital BS a (new)
BSa. whereas the Hungarian government adopted the Act CCIII of 2011 (currently Act XXXVI of 2013) on the elections of the Members of Parliament of Hungary, which allows minority representatives for the first time to gain a seat in the Parliament, thus finally assures the political representation of minorities, requested over almost for two decades; and whereas the adopted Act CLXXIX of 2011 on the Rights of Minorities recognises and guarantees rights to its thirteen recognised nationalities and their members in the main areas of interest for the protection of their identity - education, culture, private and public use of the mother tongue, access to media and participation - and aims to improve and strengthen the available institutional arrangements for nationality self- government in these areas; and whereas in its Opinion CDL-AD(2012)011 the Venice Commission confirms that "Hungary has continued to pay particular attention to the promotion and protection of minority rights and to make specific efforts to ensure protection and preservation of the ethnic, cultural and linguistic identity, traditions and cultural heritage of its nationalities";
Amendment 162 #
2012/2130(INI)
Motion for a resolution
Recital BT a (new)
Recital BT a (new)
BTa. whereas the Fourth Amendment of the Hungarian Fundamental Law states that the right to freedom of speech may not be exercised with the aim of violating the human dignity of other people introducing the sanctioning of hate- speech in the highest level of legislation, welcomed by several minority organisations, and whereas this type of regulation exists in a very few other Member States;
Amendment 164 #
2012/2130(INI)
Motion for a resolution
Recital BU
Recital BU
BU. whereas the lack and inadequacy of reaction by the law enforcement authorities during the previous government in cases of racially motivated crime12 - most notably in the case of the 2008-2009 'Roma killings', the most serious series of crime in Hungarian criminal history -, as well as in the case of violence against peaceful commemorators and innocent civilians by police forces in the autumn of 2006 acting on the orders of the government, infringing the most fundamental rights, human dignity and all acknowledged European values, has resulted in mistrust of the police forces;
Amendment 171 #
2012/2130(INI)
Motion for a resolution
Recital BX
Recital BX
BX. whereas freedom of thought, conscience and religion as enshrined in Article 9 of the ECHR and Article 10 of the Charter is one of the foundations of a democratic society, and w, and whereas according to the Treaty of Lisbon the legislation on the reas the role of the State in this respect should be that of a neutral and impartial guarantor of the right to exercise various religions, faiths and beliefslation between the State and the churches belongs to the Member States' competence; thus there are many differences in how churches are recognized in Member States from official state religion (e.g.: Denmark, Greece, Malta) up to solely operating in the form of associations (e.g.: France);
Amendment 173 #
2012/2130(INI)
Motion for a resolution
Recital BY
Recital BY
BY. whereas the Act on Churches established a new legal regime for the regulation of religious associations and churches in Hungary which imposed a set of requirementfreedom of religion is entirely ensured by the Fundamental Law (Article VII) stating that "everyone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change religion or any other persuasion, and the freedom for every person to proclaim, refrain from proclaiming, profess or teach his for ther recognition of churches and made such recognition conditional on prior apligion or any other persuasion by performing religious acts, ceremonies or in any other way, whether individually or jointly with others, in the public domain or in his or her proival by the parliament by a two-thirds majorityte life. (...) The Churches shall be autonomous and the State shall cooperate with the Churches for community goals";
Amendment 175 #
2012/2130(INI)
Motion for a resolution
Recital BZ
Recital BZ
BZ. whereas the obligation set out in the Act on Churches to obtain recognition by the parliament as a condition to establish a church was deemed by the Venice Commission13 to be a restriction ofOpinion No CDL- AD(2012)004 of the Venice Commission underlined that the Hungarian regulation in place „constitutes a liberal and generous framework for the freedom of religion.";
Amendment 176 #
2012/2130(INI)
Motion for a resolution
Recital BZ – footnote 13
Recital BZ – footnote 13
Amendment 178 #
2012/2130(INI)
Motion for a resolution
Recital CA
Recital CA
CA. whereas as a result of the entry into force of retroactive provisions of the Act on Churches more than 300 registered churches lost their legal status of churchdue to the loopholes in the previous regulation more than 300 state- subsidised registered churches operated in Hungary (among others church of the UFO-believers, of witches, etc.) many of them misusing the offered benefits, not conducting religious activity; and whereas following the new regulations more than 30 are already granted a state-subsidised church status, these covering more than 90% of the Hungarian believers;
Amendment 180 #
2012/2130(INI)
Motion for a resolution
Recital CB
Recital CB
CB. whereas at the request of several religious communities and the Hungarian Commissioner for Fundamental Rights, the Constitutional Court examined the constitutionality of the provisions of the Act on Churches and declared in its Decision 6/2013 of 26 February 2013 some of them unconstitutional and annulled them with retroactive effectspecific concerns raised by the Constitutional Court on the recognition of state subsidized churches have been addressed by Parliament under a new bill (No. T/10750) amending the Act on Churches, according to which the proposed new legislation sets out clear conditions for recognition as a state subsidized church, contains an obligation for detailed reasoning of a decision which refuses church status, specifies deadlines for the procedure of recognition and ensures the possibility of legal remedy at the Constitutional Court in cases of refusal or lack of a decision. Any religious community can freely use the denomination "church";
Amendment 183 #
2012/2130(INI)
Motion for a resolution
Recital CC
Recital CC
Amendment 187 #
2012/2130(INI)
Motion for a resolution
Recital CD
Recital CD
Amendment 194 #
2012/2130(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that respect for legality, including a transparent, accountable and democratic procthe "Union is founded on the valuess of enacting laws, and for a strong system of representative democracy based on free elections and respecting the rights of the opposition are key elements of the concepts of democracy and the rule of law as enshrined in Article 2 TEU and proclaimed in the Preambles to both the Treaty on the European Union and the Charter,respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail" as enshrined in Article 2 TEU;
Amendment 199 #
2012/2130(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets that the process of drafting andTakes note that the adoptingon of the Fundamental Law of Hungary lacked the transparency, openness, inclusiveness and ultimatwas finalised after a one-year long preparatory phase and more than one month long parliamentary debate dedicated exclusively to the cConsensual basis that could be expected in a modern democratic constituent process, thus weakening the legitimtitution- making process, where two opposition parties, based on their own political decision, chose to stay away from the discussions at the parliamentary sessions and remained reluctant to formulate proposals, as well as that 'national consultation' took placye ofn the draft Fundamental Law itself,;
Amendment 204 #
2012/2130(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the above-mentioned Decision of 28 December 2012 of the Constitutional Court declaring that the Hungarian Parliament exceeded its legislative authority when it enacted"it is the task and the responsibility of the constituent power to clear up the situation after the partial annulment. The Parliament shall make an evident and clear legal situation. The Parliament shall revise the subject matters of the a nnumber of lled non-transitional provisions of the Fundamental Law containing permanent and general rules,and decide on which matters should be re-regulated and on which level of legal sources. That is also for the Parliament to decide on which provisions to be re-regulated should be incorporated into the Fundamental Law and which should be laid down on level of [ordinary or cardinal] Acts";
Amendment 211 #
2012/2130(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 212 #
2012/2130(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that in its above-mentioned Decision of 28 December 2012, the Constitutional Court gave a clear ruling on both substantive and procedural standards of constitutionality by declaring that: 'In democratic States under the rule of law, constitutions have constant substantial and procedural standards and requirements. The substantial and procedural constitutional requirements shall not be set lower in the era of the Fundamental Law than they were at the time of the Constitution (Act). The requirements of a constitutional State under the rule of law continue to be constantly enforced requirements in the present and they are programs for the future. The constitutional State under the rule of law is a system of constant values, principles and guarantees‘14 '; considers such a clear-cut and dignified statement to be valid for the European Union and all its Member States;
Amendment 213 #
2012/2130(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the common values of the Union of democracy and the rule of law require a strong system of representative democracy based on free elections and respecting the rights of the opposition and that according to Article 3 of Protocol 1 to the ECHR elections should guarantee the 'expression of the opinion of the people in the choice of the legislator‘', which is the very case in Hungary;
Amendment 219 #
2012/2130(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the extensive use of cardinal laws to regulate areas that are covered by oin Hungary has constitutional tradition since 1989, the number of areas subject to cardinaryl laws in most Member States or to set forth very specific and detailed rules undermines the principles of democracy and the rule of law as it has enabled the current government, which enjoys the support of a qualified majority, to set in stone political choices with the consequence of making it more difficult for any new future government having only a simple majority in the parliament to respond to social changes and thus of potentially diminishing the importance of new electionhas more or less remained steady since then and has never been a source of criticism so far, not even during the accession negotiations, and not even when the socialist-liberal coalition between 1994-1998 governed with two- thirds majority amending a great number of cardinal acts at will, therefore challenging solely the current Hungarian government is politically biased; and underlines that use of two-third majority laws is common in many other Member States, such as Austria, France, Spain or Romania, and whereas in Austria more than 50 subject matters are to be regulated by two-third majority laws;
Amendment 223 #
2012/2130(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that use of the individual members' bills procedure to implement the constitution (through cardinal laws) does not constitute a transparent, accountable andis in full compliance with the applicable procedural requirements, and is part of the democratic legislative process, as in practice it restricts public debate and consultation, and that it could run counter to Fundamental Law itself, which makes it an obligation for the government (and not individual members) to submit to the parliament the bills necessary for the implementation of the Fundamental Lawnobody more accountable than a Member of Parliament who may be dismissed by the electors at the next elections. Denying this right of the members of Parliament with reference to the democratic values common to EU member States would lead us to a conclusion that democratically elected MPs cannot exercise their representative roles;
Amendment 225 #
2012/2130(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. SharUnderlines the opinion of the Venice Commission (No CDL-AD(2012)01)016), according to which the adoption of a large amount of legislation in a very short time frame could explain why some of the new provisions do not comply with European standards; which "welcomes the fact that this new Constitution establishes a constitutional order based on democracy, the rule of law and the protection of fundamental rights as underlying principles. It notes that constitutions of other European States, such as Poland, Finland, Switzerland or Austria, have been used as a source of inspiration. A particular effort has been made to follow closely the technique and the contents of the ECHR and to some extent the EU Charter.";
Amendment 231 #
2012/2130(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the limitation of constitutional jurisdiction relating to the laws on the central budget and taxes is in contradiction with the requirements of democracy, the rule of law and the principle of judicial review, as it weakens the institutional and procedural guarantees for the protection of a number of constitutional rights and for controlling the parliament's and the government's powers in the budgetary fielcontrol of central budget by constitutional courts is not a common European standard;
Amendment 233 #
2012/2130(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note that in several Member States the competences of the constitutional court is limited or restricted to a certain type of procedures, furthermore, there is no legal regulation for the competences of the constitutional court regarding the supervision of the constitution or any amendments thereof among others in Austria, Lithuania, Slovenia, France or Portugal; and takes note that in several Member States does not even exist the institute of a separate constitutional court at all (e.g. among others in Finland or in Greece, or the Danish system of courts, which are based on a unified structure, or in Ireland, where Supreme Court can deal with constitutional issues);
Amendment 234 #
2012/2130(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that as declared by the Constitutional Court in its Decision No 45/2012, 'Constitutional legality has not only procedural, formal and public law validity requirements, but also substantial ones [...]. As appropriate, the Constitutional Court may even examine the free enforcement and the constitutionalisation of the substantial requirements, guarantees and values of democratic States under the rule of law‘;'; also recalls the Constitutional Court's Decision 61/2011 stating "one of the most important arguments against the extension of the powers of the Constitutional Court to the review of the Constitution is that the Constitutional Court cannot create and cannot alter the Constitution which it is designed to protect and which it must apply as a yardstick in the course of the constitutional review of legislation. This is confirmed by the fact that, throughout its operation, the Constitutional Court has consistently refused to review the Constitution or its provisions. (...) Within the system of the division of powers, the power of the Constitutional Court, too, is a limited power. Following from this, the Constitutional Court will not draw the review the Constitution and new amendments to the Constitution within its competence without express authorisation in the Constitution."
Amendment 238 #
2012/2130(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 246 #
2012/2130(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is deeply concerned about this shift of powers in constitutional matters to the advantage of the parliament and to the detriment of the Constitutional Court, which severely undermineUnderlines that according to rule of law a democratically elected Parliament has the right and duty to adopt the Constitution and Laws, and the Constitutional Court has the principle of separation of powers and a correctly functioning systemght and duty to safeguard the compatibility of cthecks and balances, which are key corollaries of the rule of law laws with the Constitution;
Amendment 249 #
2012/2130(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is also extremely concerned about those provisions of the Fourth Amendment which repeal 20 years of constitutional jurisprudence, containing an entire system of founding principles and constitutional requirements, including any potential case-law affecting the application of EU law and of European human rights lawTakes note that all effects of the 20 years of constitutional jurisprudence are still valid, there is no objection for the Court to arrive to the same conclusions, and takes note that the Court already used its previous decisions as a source of interpretation;
Amendment 250 #
2012/2130(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is also concerned aboutTakes note of the ongoing dialogue between the Hungarian government and European Commission on the conformity with EU law of the provision of the Fourth Amendment which enables the Hungarian Government to impose a special tax in order to implement EU Court of Justice judgments entailing payment obligations when the state budget does not have sufficient funding available and when the public debt exceeds half of the Gross Domestic Product;
Amendment 253 #
2012/2130(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Criticises the accelerated process of enacting important laws as it underminesTakes note that the rights of the opposition parties to be effectively involvis ensured inby the legislative process, thus limiting their scrutiny of the majority's and the governrules of procedure of Hungarian Parliament and the adoption of all laws were in full compliance with the applicable procedural requirement's action and ultimately negatively affecting the system of checks and balancend part of the democratic legislative process;
Amendment 254 #
2012/2130(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that protection against removal from office during the term of office is an essential element of the requirement of the independence of national data protection authorities under EU law; Takes note that in the Hungarian case removal from office was due to the reform of the data protection institution, by establishing the National Authority for Data Protection instead of the Commissioner on Data Protection and Freedom of Information, and by transferring its powers to the newly-established Authority, with a new status which attaches legal consequences to its procedures;
Amendment 256 #
2012/2130(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the factTakes note that the Commission has launched an infringement procedure against Hungary over the independence of the dlegality of the termination of the mandate of the former Commissioner for Data pProtection supervisor, which case is currently pending at the European Court of Justice;
Amendment 260 #
2012/2130(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. DeploreUnderlines that the National Authority for Data Protection is entrusted with a more extensive supervision and intervention powers thatn the above-mentionedCommissioner has been: on the one hand it is provided with the investitutional changes resulted in a clear weakening of the systems of checks and balances required by the rule of law and the democratic principlgative powers necessary to carry out its tasks (the right of access to contentious data, the right to conduct interrogations), and on the other hand it is entitled to initiate legal proceedings; underlines furthermore that the Venice Commission acknowledged that the protection of data is far better ensured in Hungary thanks to the Agency than in many other European states, as stated in its Opinion (CDL-AD(2012)023) "the current version of the Act includes particularly detailed provisions aiming at guaranteeing – directly and, in most cases, indirectly – the Authority's independence. It is worth saying that some of the separation of powers guarantees may not always be found in corresponding legislation of other European countries.";
Amendment 264 #
2012/2130(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Regrets thatTakes note that as a result of the numerous measures adopted – as well as some on-going reforms – do not providthere are sufficient assurances of constitutional safeguards as to the independence of the judiciary and the independence of the Constitutional Court ofin the Hungaryian legislation;
Amendment 266 #
2012/2130(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the premature termination of the term of office of the Supreme Court's President did not violates the guarantee of security of tenure, which is a key element of the independence of the judiciaryas - according to the Decision No 3076/2013 of the Constitutional Court - the previously detailed institutional restructuring was a sufficient ground for the early termination of the office of the President; and underlines that the rulings of the Hungarian Constitutional Court should be respected by the European actors in line with the spirit of respect of democracy and rule of law; finally notes that the European Commission has opted not to initiate an infringement procedure on this issue;
Amendment 267 #
2012/2130(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the above-mentionedTakes note of the Decision No 33/2012 of the Constitutional Court declaring the compulsory termination of the service of judges at the age of 62 unconstitutional, as well as the above-mentioned d proof of the functioning of checks and balances, as well as the Decision of the Court of Justice of the EU of 6 November 2012, which held that the radical lowering of the retirement age of judges in Hungary constitutes unjustified discrimination on grounds of age and is therefore in breach of Council Directive 2000/78/EC;
Amendment 269 #
2012/2130(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Regrets, however, that not allWelcomes that most of the recommendations of the Venice Commission have been implemented, in particular as regards the need to limit discretionary powers of the President of the National Judicial Office regarding the system and independence of judiciary; as regards those recommendation s which affect the transfer of cases, according to the Fourth Amendment to the Fundamental Law the system of transfer of cases is being revised (Bill T/10593), and further constitutional guarantees were introduced: only groups of cases not individual cases may be transferred to other courts, the President of the NJO has no influence whatsoever on which court hears a given case, meaning the context of the transferregulation does not provide for the possibility of an ad hoc or ad personam appointment of the proceeding judge ofr cases, which potentially affect the right to a fair trial and the principle of a lawful judge; hamber; and welcomes that the details of the new mechanism were elaborated in consultation with the European Commission; takes note that similar transfer of certain categories of cases exists in the Netherlands;
Amendment 272 #
2012/2130(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Takes note of the statement of the Deputy Prime Minister Tibor Navracsics on 3 March 2013 on the visit of the President of the European Court of Human Rights, Dean Spielmann to the Hungarian Parliament, that the transfer of cases is only a short term solution and is needed in order to reduce the workload and fasten the decision-making process of the courts of the capital region, thus improving the efficiency of the judicial system as a whole; furthermore takes note of the fact underlined by Dean Spielmann that 75% of the Hungarian cases at the European Court of Human Rights are in connection with the delay of the court decisions;
Amendment 273 #
2012/2130(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets, however, that as regards presiding judges, Act XX of 2013 provides for their reinstatement in their original executive posts only if these judicial positions are still vacant, with the consequence that not all unlawfully dismissed judges are guaranteed to be reinstated in exactly the same position with the same duties and responsibilities they were holding before their dismissalTakes note that the Act XX of 2013 complies with the decision of the European Court of Justice and that the Hungarian Government regularly informed the Commission on the developments; and takes note of the letter of Deputy Prime Minister Tibor Navracsics to Vice-President Reding from 17 May 2013 on the execution of the ECJ judgement;
Amendment 275 #
2012/2130(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the Commission's proposal for a permanent scoreboard on justice in all 27 EU Member States as put forward by Vice-President Reding, which shows that safeguarding the independence of the judiciary is a general concern of the EU; underlines that in several Member States serious concerns might be raised on these issues;
Amendment 281 #
2012/2130(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Acknowledges the efforts of the Hungarian authorities that led to legislative changes aimed at addressing a number of the shortcominginaccuracies identified in the field of media regulation in order to improve media legislation and to bring it into line with the further requirements communicated by the EU and the Council of Europe standards;
Amendment 282 #
2012/2130(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Welcomes the continued constructive dialogue with international actors and stresses that the fruitful cooperation between the Council of Europe and the Hungarian Government bore tangible results, as reflected in Act XXXIII of 2013, which addresses several concerns previously highlighted in the legal assessments of media legislation, notably in relation to the appointment and election procedures ofor the presidents of the Media Authority and the Media Council;
Amendment 287 #
2012/2130(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Expresses concern at the effects of the proTakes note that the Fourth Amendment ensures the publication of political advertisings via public media (radio and television) of the Fourth Amendment banning political advertising in the commercialn an equal basis and free of charge with the aim to create equal opportunities for the political parties in the electronic media, as although the announced aim of this provision is to reduce political campaign costs and create equal opportunities for the parties, it jeopardises the provision of balanced informationwell as reduce campaign costs and contribute to the transparency and verifiability of campaign financing; this does not at all affect political advertisings not displayed through broadcasting services (e.g. posters, flyers, internet); takes note that the Hungarian Government is in consultation with the European Commission with a view to fine-tuning the rules on political advertising; underlines that a similar restriction exists in a number of European countries, such as France and Italy;
Amendment 288 #
2012/2130(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Reiterates its call on the Hungarian authorities to take action in order to make or commission pro-active regular assessments on the impact of the legislation on the media environment (reduction of the quality of journalism, instances of self-censorship, restriction of editorial freedom and erosion of the quality of working conditions and job security for journalists)Stresses that the previous concerns related to the market entry of media services and press products, according to which the prior licensing procedure of the authorities implied an unjustified restriction of the freedom of the press, have subsequently proved to be unfounded opinions;
Amendment 290 #
2012/2130(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores that the creation of the state- owned Hungarian News Agency (MTI) as the single news provider for public service broadcasters, while all major private broadcasters are expected to have their own news service, has meant it has a virtual monopoly on the market, as most of its news items arUnderlines that Member States remain free to organise their public service broadcasting in a way they deem appropriate while preserving media pluralism, in line with the Amsterdam Protocol attached to the fTreely available; recalls the recommendation of the Council of Europe to eliminate the obligation on public broadcasters to use the national news agency as it constitutes an unreasonable and unfair restriction on the plurality of news provisionaty; takes note of the recent statement of the European Commission with regard to the French media bill that the Commission in no way intends to comment on and evaluate draft national laws;
Amendment 292 #
2012/2130(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 294 #
2012/2130(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Acknowledges that, contrary to the previous criticisms, during the application of the legal regulations in the interest of the full achievement of the freedom of expression and the freedom of the press, the law enforcement bodies only resort to restrictions when absolutely necessary (e.g. a violation of the dignity of minorities) in the event of a conflict with other fundamental rights;
Amendment 297 #
2012/2130(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Is concerUnderlineds that public service broadcasting is controlled by an extremely centralised institutional system which takes the real operational decisions without publin line with the Amsterdam Protocol attached to the Treaty (on the System of the Public Broadcasting in the Members States) the system of the public broadcasting in the Member States is directly related to the democratic, scrutiny; underlines that biased and opaque tendering practices and the biased information ofocial and cultural needs of each society and to the need to preserve media pluralism, and Member States remain free to organise their public service broadcasting reaching a wide audience distort the media marketay they deem appropriate;
Amendment 301 #
2012/2130(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes that the Hungarian Parliament has enacted legislation in criminal and civil areas to combat racial incitement and hate speech; points out, however, that legislation on its own cannotconsiders that the adopted legislative measures are the most important starting point to achieve the goal of creating a society free from intolerance and discrimination throughout Europe, as concrete measures can only be built upon firm legislation;
Amendment 302 #
2012/2130(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. UWelcomes the adoption the Act CCIII of 2011 (currently Act XXXVI of 2013) on the elections of the Members of Parliament of Hungary enabling minority representation and the Act CLXXIX of 2011 on the Rights of Minorities, as well as the firm stance and zero tolerance of the Hungarian government against any racist incidents, against all form of intolerance and positive steps taken - such as criminalising Holocaust-denial, establishing the Holocaust Remembrance Day, introducing Roma and Jewish history in national curricula or dedicating 2014 as the Hungarian Holocaust Memorial Year - which further strengthen the system of minority protection in Hungary, and which could serve as a model for many other Member States within the EU; underlines that the authorities in all Member States have a positive obligation to act to avoid violation of the rights of persons belonging to minorities and cannot remain neutral when faced with such violations;
Amendment 316 #
2012/2130(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes with concern that the modifications introduced in the Fundamental Law by the Fourth Amendment attribute to the parliament the power to recognise, by way of cardinal laws and without the constitthat according to the Treaty of Lisbon the legislation on the relation between state and churches belongs solely to the Member States' competence, thus there are many differences in how churches are recognized in Member States from official state religion (e.g.: Denmark, Greece, Malta) up to solely operating in the form of associations (e.g.: France); takes note that the freedom of religion is entirely ensured by the Fundamental Law (Article VII) stating that "everyone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change religion or any other persuasion, and the freedom for every person to proclaim, refrain from proclaiming, profess or teach his or her religion or any other persuasion by performing religious acts, ceremonies or in any other way, whether individually or jointly with others, in the public domain or in his or her private life. (...) The Churches shall be autional duty to justify a refusal of recognition, certain organisations engaged in religious activities as churches, which might negatively affect the duty of the State to remain neutral and impartial in its relations with the variousomous and the State shall cooperate with the Churches for community goals"; takes note that the specific concerns raised by the Constitutional Court on the recognition of state subsidized churches have been addressed by Parliament under a new bill (No. T/10750) amending the Act on Churches, according to which the proposed new legislation sets out clear conditions for recognition as a state subsidized church, contains an obligation for detailed reasoning of a decision which refuses church status, specifies deadlines for the procedure of recognition and ensures the possibility of legal remedy at the Constitutional Court in cases of refusal or lack of a decision. Any religionus and beliefs; community can freely use the denomination "church";
Amendment 320 #
2012/2130(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Concludes – for the reasons explained above –that the major constitutional reform has been completed during 2011-2012, thatus the re is no "systemic and general trend of repeatedly" for modifying the constitutional and legal framework in very short time frames, and the content of such modifications, aresystem; takes note of the currently ongoing "fine-tuning of a system" regarding amendments of legislation mainly as a result of the activity of the Constitutional Court, which proves the well-functioning of the checks and balances in Hungary; the pure fact of changing and adopting of laws can not be considered as incompatible with the values referred to in Article 2 TEU, Article 3, paragraph 1 and Article 6 TEU and deviate from the principles referred to in Article 4, paragraph 3 TEU; considers that - unless corrected in a timely and sufficient manner - this trend will of the Treaties; it is of the opinion that it is for the European Commission to identify instances of incompatibility with EU law and for the European Court of Justice to adjudicate any such case; where sultch in a clear risk of a serious breach of the values referred to in Article 2 TEUcompatibility was identified the correcting measures were immediately adopted by the Hungarian government;
Amendment 322 #
2012/2130(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Objects the use of double standards in the treatment of a Member States; stresses that same situations, legal provisions should be treated similarly, otherwise the principle of equality of the Member States before the Treaties is not respected;
Amendment 324 #
2012/2130(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. ReaffirmsTakes note of the fact that its present resolution is not only about Hungary, but inseparably about the European Union as a whole, and its democalthough several issues raised are present in the legal system and practic reconstruction and development after the fall of the 20th century totalitarianisms. It is about the European family, its common values and standards, its inclusiveness and its capacity to engage in dialogue. It is about the need to implement Treaties which all Member States have voluntarily acceded to. It is about the mutual help and mutual trust that the Union, its citizens and Member States need to havee of several Member States; Regrets that the principle detailed in Article 4(2) - according to which "the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent ifn these Treaties are to be more than just words on paper but the legal basis for a true, just and open Europe respecting fundamental rightsir fundamental structures, political and constitutional" - was not taken into account;
Amendment 326 #
2012/2130(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Shares the idea of a Union which is not only a ‘union of democracies’ but also a ‘Union of Democracy’, based upon pluralistic societies where respect for human rights and the rule of law prevail; and stresses that the freely elected Parliaments are excepted as basic elements of democracy;
Amendment 333 #
2012/2130(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
Amendment 335 #
2012/2130(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51a. Regrets that the numerous human rights association, NGOs and research institutes, who issued documents analysing the Hungarian situation and legislative changes, fail to provide factually correct information, furthermore regrets that the assessments of international organisations are often based on unfounded press information;
Amendment 341 #
2012/2130(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Expects all Member States to take the necessary steps, particularly within the Council of the European Union, to contribute loyally to the promotion of the Union's values and to cooperate with Parliament and the Commission in monitoring their observance, especially in the framework of the ‘Article 2 Trilogue’ referred to in paragraph 76;
Amendment 347 #
2012/2130(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
Amendment 350 #
2012/2130(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Considers that the European Council cannot remain inactive in cases where one of the Member States is faced with changes that may negatively affect thebreaches the concrete fundamental rights or rule of law in that country, and therefore the rule of law in the European Union at large, in particular when mutual trust in the legal system and judicial cooperation may be put at risks it affects negatively the European Union; stresses furthermore that the European Council cannot use double standards when looking at Member States and its infringements;
Amendment 352 #
2012/2130(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
Amendment 356 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 2 a (new)
Paragraph 60 – indent 2 a (new)
- to launch objective investigation and start infringement proceeding if well grounded - without applying double standards -, whenever a Member State violates the rights enshrined in the Charter of Fundamental Rights of the EU when implementing EU legislation;
Amendment 360 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 3
Paragraph 60 – indent 3
– to focus not only on specific infringements of EU law to be remedied notably through Article 258 TFEU, but to draw the consequences of a systemic change of the constitutional and legal system of a Member State where multiple and recurrent infringements unfortunately result in a state of legal uncertainty which not longer meets the requirements of Article 2 TEUas this is what is in its mandate under the Treaty;
Amendment 361 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 4
Paragraph 60 – indent 4
– to adopt a more comprehensive approach to addressing any potential risks of serious breach of fundamental values in a given Member State at an early stage and immediately to engage in a structured political dialogue with the relevant Member State and the other EU institutions without applying double standards; this structured political dialogue should be coordinated at the highest political level of the Commission and have a clear impact on the full spectrum of negotiations between the Commission and the Member State concerned in the various EU fields;
Amendment 362 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 5
Paragraph 60 – indent 5
Amendment 364 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 6
Paragraph 60 – indent 6
Amendment 366 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 8
Paragraph 60 – indent 8
Amendment 369 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 9
Paragraph 60 – indent 9
– to regularly monitor the correct functioning of the European area of justice and to take action when the independence of the judiciary is put at risk in any Member State without applying double standards, with a view to avoiding the weakening of mutual trust between national judicial authorities, which would inevitably create obstacles to the correct application of the EU instruments on mutual recognition and cross-border cooperation;
Amendment 371 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 10
Paragraph 60 – indent 10
– to ensure that Member States guarantee correct implementation of the Charter of Fundamental Rights with respect to media pluralism and equal access to information, when these effect EU-law;
Amendment 374 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 14
Paragraph 60 – indent 14
– to address the issue ofparticipate cooperatively in the ongoing dialogue with the Hungarian government on the conformity with EU law of the new provision of the Fourth Amendment enabling the Hungarian Government to impose a special tax in order to implement EU Court of Justice judgments entailing payment obligations when the state budget does not have sufficient funding available and when the public debt exceeds half of the Gross Domestic Product, and to suggest adequate measures to prevent what may result in a breach of sincere cooperation as enshrined in Article 4(3) TEU.;
Amendment 384 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – introductory part
Paragraph 61 – introductory part
61. Urges the Hungarian authorities to implement the following recommendations without any further delay, with a view to fully restoring the rule of law and its key requirements Stresses that it has no mandate to make recommendations to the Hungarian authorities; repeats its resolution of 16 February 2012 on the recent political developments in Hungary, which "Instructs the Committee on Civil Liberties, Justice and Home Affairs, in cooperation with the European Commission, the Council of Europe and the Venice Commission, the constitutional setting, the system of checks and balances and the independence of the judiciary, as well as strong safeguards for fundamental rights, including freedom of expression, media and religion and the right to property:o follow up the issue of whether and how the recommendations of the Commission and the European Parliament set out in point 4 of this resolution have been implemented and to present its findings in a report;"
Amendment 387 #
Amendment 391 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 1
Paragraph 61 – indent 1
Amendment 396 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 2
Paragraph 61 – indent 2
Amendment 400 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 3
Paragraph 61 – indent 3
Amendment 405 #
Amendment 409 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 4
Paragraph 61 – indent 4
Amendment 415 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 5
Paragraph 61 – indent 5
Amendment 420 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 6
Paragraph 61 – indent 6
Amendment 424 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 6 – footnote 16
Paragraph 61 – indent 6 – footnote 16
Amendment 425 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 7
Paragraph 61 – indent 7
Amendment 428 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 8
Paragraph 61 – indent 8
Amendment 431 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 3
Paragraph 61 – subheading 3
Amendment 434 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 9
Paragraph 61 – indent 9
Amendment 438 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 10
Paragraph 61 – indent 10
Amendment 441 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 11
Paragraph 61 – indent 11
Amendment 444 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 12
Paragraph 61 – indent 12
Amendment 450 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 4
Paragraph 61 – subheading 4
Amendment 453 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 13
Paragraph 61 – indent 13
Amendment 456 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 14
Paragraph 61 – indent 14
Amendment 459 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 15
Paragraph 61 – indent 15
Amendment 462 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 16
Paragraph 61 – indent 16
Amendment 466 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 17
Paragraph 61 – indent 17
Amendment 470 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 18
Paragraph 61 – indent 18
Amendment 473 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 19
Paragraph 61 – indent 19
Amendment 476 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 5
Paragraph 61 – subheading 5
Amendment 481 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 20
Paragraph 61 – indent 20
Amendment 492 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 6
Paragraph 61 – subheading 6
Amendment 496 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 21
Paragraph 61 – indent 21
Amendment 501 #
2012/2130(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Firmly requests that Member States be regularly assessed on their continued compliance with the fundamental values of the Union and the requirements of democracy and the rule of law without pointing at a single Member State and not dealing with the others where similar concerns could be raised; firmly requests furthermore that similar situations in Member States should be monitored along the same pattern, otherwise the principle of equality of the Member States before the Treaties is not respected;
Amendment 503 #
2012/2130(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Calls for closer cooperation between Union institutions and other international bodies, particularly with the Council of Europe and the Venice Commission, and for use to be made of their expertise in upholding the principles of democracy, human rights and the rule of law; stresses however that the Venice Commission is a consultative body of the Council of Europe submitting recommendations to the Council of Europe Member States, which recommendations were not compulsory on those Member States so far;
Amendment 504 #
2012/2130(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
Amendment 505 #
2012/2130(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Calls on all EU institutions to launch a joint reflection and debate – as also requested by the Ministers of Foreign Affairs of Germany, Netherlands, Denmark and Finland in their above-mentioned letter to Commission President – on how to equip the Union with the necessary tools for it to fulfil its Treaty obligations on democracy, the rule of law and fundamental rights, while avoiding any risks of applying double standards between its Member Statestowards its Member States otherwise the principle of equality of the Member States before the Treaties is not respected;
Amendment 506 #
2012/2130(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
Amendment 509 #
2012/2130(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 513 #
2012/2130(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Reiterates that, in any case, this new mechanism has to all kinds of mechanism of the European Union which relates to monitoring of Member States should be independent from political influence, swift and effective;
Amendment 519 #
2012/2130(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
Amendment 525 #
2012/2130(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 527 #
Amendment 530 #
2012/2130(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 537 #
2012/2130(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 543 #
2012/2130(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
Amendment 549 #
2012/2130(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Instructs its President to forward this resolution to the Parliament, President and Government of Hungary, to the Presidents of the Constitutional Court and the Kúria, to the Council, the Commission, the governments and parliaments of the Member States and the candidate countries, the Fundamental Rights Agency, and the Council of Europe, the OSCE and the U.S. Secretary of State.;
Amendment 10 #
2012/2062(INI)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
- having regard to the recent establishment of the European Endowment for Democracy (EED),
Amendment 15 #
2012/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU has developed an extensive toolbox of instruments as a policy framework to support this obligation, including human rights guidelines, a global financial instrument on human rights and democracy (the European Instrument for Democracy and Human Rights (EIDHR)), a requirement for all external financial instruments – such as the Development Cooperation Instrument (DCI), the Instrument for Stability (IfS), the European Neighbourhood Instrument (ENI), the Pre-Accession Instrument (IPA) and the Partnership Instrument (PI) – to promote human rights and democracy within their remit, establishment of the European Endowment for Democracy (EED) and appointment of the new EU Special Representative for Human Rights, Council declarations and conclusions, statements by the High Representative, EU démarches, EU sanctions in the event of severe human rights violations and, more recently, human rights country strategies;
Amendment 17 #
2012/2062(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in addition, the EU has established, in accordance with the variable nature of its contractual relations with third countries, a wide variety of tools for further engaging third countries in promoting human rights and democracy; whereas these range from the European Neighbourhood Policy (ENP), whereby human rights subcommittees are tasked with monitoring the implementation of agreed commitments, to the Cotonou Agreement (which includes a consultation procedure in the event of violations) and human rights dialogues and consultations, where discussions focus on improving the situation with regard to human rights and democracy as well as on issues of common interest and better cooperation within international bodies;
Amendment 20 #
2012/2062(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the cumulative effect of these policies has resulted in a piecemeal approach whereby the principle of coherence and consistency between the different areas of EU external action and between these and other policies has not been duly integrated; whereas these different instruments have consequently become stand-alone elements and do not serve either the legal obligation to monitor the implementation of human rights clauses or the associated policy goal, so there is a need for harmonisation and synergies should be created between them;
Amendment 21 #
2012/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas several elements prevent the implementation of an effective EU policy on human rights and democracy and the joint communication of December 2011 entitled ‘Human Rights and Democracy at the Heart of EU External Action – Towards a more effective approach’ addressed ineither this weakness nor other fundamental flawffectively these elements, such as the lack of an integrated approach based on a linkage between all EU external instruments and the adequate incorporation of country priority objectives into all such instruments, the development of incomplete instruments which do not adequately contribute to improving human rights or which cannot be implemented fully, the absence of a standard benchmarking policy for all instruments (including geographical policies and strategies) which should be able to measure and monitor respect for human rights and democratic principles based on specific, transparent, measurable, achievable and time-bound indicators, and the isolationweakness of human rights dialogues, which should be enshrined in the wider political dialogue at the highest level and regarded as a form of leverage in the context of bilateral relations; whereas all these elements prevent the faithful implementation of the Treaty and consequently, the implementation of an effective EU policy on human rights and democracy;
Amendment 22 #
2012/2062(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the events of the ‘Arab Spring’ have demonstrated the need to reshape the Neighbourhood Policy in order to give higher priority to dialogue with civil societiesy, which is indispensable to democratisation and transition processes; whereas this renewed policy should aim at further engaging partner countries in deeper democratic reforms and respect for fundamental rights on the basis of the ‘'more for more’' approach and of mutual accountability between partner countries, the EU and its Member States;
Amendment 45 #
2012/2062(INI)
Motion for a resolution
Subheading 2
Subheading 2
Coherence and cooperation in policy areas and between the EU and its Member Statethe different policy areas
Amendment 46 #
2012/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need for coherence and consistency across all policy areas as an essential condition for an effective and credible human rights strategy and considers it regrettable that there is no specific reference to these principles in the EU Strategic Framework; reminds the Commission of its repeated commitments, as set out in its 2001 communication and its 2010 Communication on an Action Plan Implementing the Stockholm Programme (COM(2010)0171), to take practical steps to ensure greater coherence and consistency between its external and internal policies; recalls that the full involvement of Parliament and greater coordination in this area were agreed in 2001; reminds the Member States and the EU institutions that respect for fundamental rights begins at home and must not be taken for granted, but continually assessed and improved, so that the EU can be heard as a credible voice on human rights in the world;
Amendment 51 #
2012/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to issue a communication on a human rights action plan for the EU in order to promote its values in the external dimension of justice and home affairs policy, as announced in the Action Plan Implementing the Stockholm Programme in 2010 and in line with the EU Action Plan on Human Rights and Democracy;
Amendment 52 #
2012/2062(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Insists that all Commission Directorates- General and the EEAS carry out detailed assessments of the legal implications of the Charter of Fundamental Rights for the EU's external aspects of their policy and of their compliance with the provisions ofpolicies as the Charter as it applies to all action taken by the EU institutions; commits itself to the same exercise; welcomes the setting-up of an inter-service group composed of Commission and EEAS officials and tasked with identifying a clear and effective methodology for internal and external EU action on the basis of the internationally agreed principle that states should protect, respect and promote human rights; encourages its parliamentary committees to make use of the relevant provision under Rule 36 of its Rules of Procedure, allowing them to verify the conformity of a proposal for a legislative act with the Charter of Fundamental Rights, including proposals relating to external financial instruments;
Amendment 58 #
2012/2062(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on its relevant committees, such as the Subcommittee on Human Rights and the Committee on Civil Liberties, Justice and Home Affairs, to intensify theithe EU institutions for better cooperation with the relevant Council of Europe bodies and instruments and to establish structured dialogues so as to develop an effective and pragmatic synergy between the two institutions andto make full use of existing expertise in this field;
Amendment 59 #
2012/2062(INI)
Motion for a resolution
Subheading 3
Subheading 3
Towards an inclusive and effective approachtailor-made country strategies in the field of human rights
Amendment 64 #
2012/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the pivotal role of the human rights country strategies, which were a long-standing request from Parliament, and the fact that they have been developed as an inclusive process encompassing EU delegations, heads of mission and the COHOM; deems it essential to organise broad consultation, especially with local civil society organisations, human rights defenders and other social and environmental stakeholders; considers that country- specific identification of priorities, realistic objectives and forms of political leverage is essential to more effective EU action and measurable achievements;
Amendment 72 #
2012/2062(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recommends that, as part of the human rights country strategies, the EU agree on a list of ‘minimum items’ that Member States and EU institutions shouldo be raised with theirits relevant counterparts in third countries during meetings and visits, including at the highest political level and during summits;
Amendment 78 #
2012/2062(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 79 #
2012/2062(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes dueHighlights the Council's 2009 decision to extend the human rights and democracy clause to all agreements and to provide for a linkage between these agreements and free trade agreements by including a 'passerelle clause' where necessary; note ofs the reference in the EU Action Plan on Human Rights and Democracy to the development of criteria for the application of the human rights and democracy clause and remains convinced that this clause, ais element; notes that the extension of the coverage of the human rights clause necessarily requires a clegally binding commitment by the EU and partner countries,ar mechanism for its implementation at the institutional and political levels, therefore it needs to be complemented by an operational enforcement mechanism so that it can be given concrete shape;
Amendment 82 #
2012/2062(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends that the High Representative base this mechanism on recognition of the potential risk of a partner country breaching international human rights standards, by including specific features of a genuine ‘early warning’ system in the clause, and on the establishment of a graduated framework based on consultation, steps and consequences, similar to the one provided for in the Cotonou Agreement; notes that such a system, based on dialogue, would help to identify and address a deteriorating environment and repeated and/or systematic human rights violations in breach of international law, and make it possible to discuss corrective measures within a binding framework; calls, therefore, for the review also to assess the role, mandate and objectives of human rights dialogues and consultation, which should be differently thought out and designimproved;
Amendment 87 #
2012/2062(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 91 #
2012/2062(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets once again the fact that Parliament is not involved in the decision- making process for initiating consultation or suspending an agreement; strongly insists, therefore, on being a joint decision-maker in this respect and on being involved in the implementation of the requested enforcement mechanism for the clause; is of the opinion that the EU institutions, including Parliament, should have specific procedures allowing for the questioning of agreements on the basis of a fact-based assessment of the human rights situation and its evolution in the countries concerned and the implementation of the requested enforcement mechanism for the clause;
Amendment 92 #
2012/2062(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages the High Representative to reshape the annual report on the EU's action in the field of human rights and democracy in the world, makadding it into it a progress report on the implementation of the EU Action Plan for Democracy and Human Rights which also covers the application of the human rights and democracy clause in agreements in force, containing a case-by-case analysis of each consultation process and other appropriate measures initiated by the Council, the EEAS and the Commission, together with an analysis of the effectiveness and coherence of the action taken;
Amendment 98 #
2012/2062(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the EU is addressing its obligations under the Lisbon Treaty and the Charter by preparing human rights impact assessments prior to the launch of negotiations on all bilateral or multilateral agreements with third countries; notes that this systematic practice is the only way to ensure consistency between primary law, EU external action and the third party's own obligations under international conventions, including the International Covenant on Civil and Political Rights (ICCPR); calls for these impact assessments to encompass the full range of human rights, understood as an indivisible whole; notes that they must be conducted in an independent, transparent and participatory manner, involving potentially affected communities; calls on the Commission and the EEAS to develop a robust methodology which enshrines the principles of equality and non- discrimination so as to avoid any negative impact on certain populations and which provides for mutually agreed preventive or remedial measures in the event of any negative impact, before negotiations are finalised;
Amendment 100 #
2012/2062(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Draws particular attention to the need to carry out impact assessments of those projects whose implementation carries a serious risk of violating the Charter's provisions, such as projects relating to the judiciary, border control agencies and police and security forces in countries governed by repressive regimes;
Amendment 102 #
2012/2062(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that human rights and democracy objectives necessarily require specific, measurable, achievable, time- bound criteria aimed at assessing the level of respect for fundamental freedoms, human rights and rule of law; considers, in this connection, that the EU should make full use of the relevant instruments and expertise of the UN and of the Council of Europe and should clearly differentiate its political conclusions from a legal and technical evaluation;
Amendment 111 #
2012/2062(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls the policy lessons learned from the Arab Spring, including the need to reverse previous policies focused mainly on relations with authorities and to establish an effective partnership between the EU and the governments and civil societies of partner countries; stresses the importance of creating programmes and supporting projects that allow for contact between civil societies in the EU and in third countries; calls on the Commission and the EEAS to use the model of an institutionalised civil society consultation mechanism set out in the EU-South Korea Free Trade Agreement as a starting-point for the development of even more inclusive mechanisms for all agreements; understands the core of the EU's new approach as strengthening societies by means of active domestic accountability so as to supp as to strengthen societies by means of active domestic accountability that should become a central pillar of the external financial instruments currently under review; suggests the creation of exchange programmes ort their capacity to take part in public decision-making and democratic governance processes; believ opening up of European programmes thato this domestic accountability should become a central pillar of the external financial instruments currently under reviewrd country youth;
Amendment 115 #
2012/2062(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 125 #
2012/2062(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Insists that the High Representative and the Commission implement with conviction the renewed European Neighbourhood Policy by applying with equal attention the ‘more for more’ and ‘less for less’ principles; believes that countries clearly assessed as not making progress on deep democracy should see the Union's support reduced in line with the aims of this policy; is concerned about the perpetuation of past attitudes whereby excessive political reward is given for steps taken by partner governments which do not contribute to the direct achievement of the objectives;
Amendment 129 #
2012/2062(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the initiative of introducing a human rights-based approach to development policy, notes that such an approach must be based on the indivisibility of human rights, and firmly believes that human beings rather than governments should be at the heart of cooperation objectives; emphasises that policy coherence for development must be understood in this context as contributing to the full realisation of human rights objectives, so that different EU policies do not undermine one another in this respect;
Amendment 131 #
2012/2062(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the new EU Aid Volunteers initiative that from 2014-2020 will create opportunity for some 10.000 Europeans to participate worldwide in humanitarian operations where aid is most urgently needed and to demonstrate European solidarity by helping practically communities struck by natural or man- made disasters;
Amendment 134 #
2012/2062(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Commits itself to ensuring more systematic follow-up of its resolutions relating to human rights and of individual human rights cases, with the support of the recently established Human Rights Action Unit, and recommends increased cooperation between the Subcommittee on Human Rights and the Committee on Budgetary Control, and with the Court of Auditors, in order to ensure that the objectives of the strategic review will be matched by adequate financial support from the Uniondifferent committees of the Parliament;
Amendment 138 #
2012/2062(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends that Parliament improve its own procedures in relation to human rights issues, including through the revision of its Guidelines for EP Interparliamentary Delegations on promoting human rights and democracy; is of the opinion that each standing delegation of Parliament should have a Member, selected among its Chair and Vice-Chaigoing on mission to a country where the situation of human rights is worrying should have Members, specifically tasked with monitorraising the human rights portfolio onissues regarding the region or country concerned, and that the persons designatedse members should report regularly to Parliament's Subcommittee on Human Rights; stresses the need for a revision of the model for theto allow for plenary debates on cases of breaches of human rights, democracy and the rule of law in order to allow for more frequent debates with broader participation by Members, a greater degree of responsiveness to human rights violations and other unforeseen events on the ground, and greater potential for follow-up to past debates and resolutions;
Amendment 142 #
2012/2062(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends that Parliament improve its own procedures in relation to human rights issues, including through the revision of its Guidelines for EP Interparliamentary Delegations on promoting human rights and democracy; is of the opinion that each standing delegation of Parliament should have a Member, selected among its Chair and Vice-Chairs, specifically tasked with monitoring the human rights portfolio on the region or country concerned, and that the persons designated should report regularly to Parliament's Subcommittee on Human Rights; stresses the need for a revision of the model for the plenary debates on cases of breaches of human rights, democracy and the rule of law in order to allow for more frequent debates with broader participation by Members, a greater degree of responsiveness to human rights violations and other unforeseen events on the ground, and greater potential for follow-up to past debates and resolutions; stresses the need for better utilisation of the potential of the Sakharov Prize Network by the EP and other EU institutions;
Amendment 115 #
2012/2050(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reiterates its support for improving the accession process of the Western Balkans by making it more benchmark-driven, transparent and mutually accountable; calls on the EU to continue to prioritise in its enlargement policy conditions such as constructive political dialogue, consolidation of the rule of law, including ensuring the freedom of expression, the effective fight against corruption and organised crime, enhancing the effectiveness and independence of the judiciary, improving administrative capacities and track records in enforcing acquis-related legislation, tackling inter- ethnic and inter-religious tensions also by the enhanced protection of national, linguistic and religious minorities, and addressing of the situation of refugees and displaced persons as well as resolution of open bilateral issues;
Amendment 118 #
2012/2050(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers it essential, furthermore, for EU foreign policy towards a region with a recent history of inter-ethnic armed conflict to promote a climate of tolerance, good neighbourly relations and regional cooperation, including through more integrated education systems (intra- regional exchanges of students, access to mother tongue education and text books, mutual training for both minorities and majority to learn each others language for better understanding) as prerequisites for European stability and as a means of facilitating reconciliation;
Amendment 186 #
2012/2050(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Underlines that, whilst the EU-Ukraine Agreement has been initialled, its signature and ratification can only happen if Ukraine fulfils the necessary requirements; this means respect for human and minority rights, the rule of law in the form of strengthening the stability, independence and effectiveness of the institutions which guarantee the rule of law, and of showing respect for the rights of the opposition and putting an end to persecution of it, thus establishing a truly pluralistic democracy;
Amendment 234 #
2012/2050(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Notes that the overall situation in human rights, labour rights, lack of support for civil society and the status of the rule of law remain worrying; calls for the human rights dialogues to be strengthened and made more effective and result-oriented, with the close cooperation and involvement of civil society organisations in the preparation, monitoring and implementation of such dialogues; calls on the EU and HR/VP to raise publicly the cases of political prisoners and imprisoned human rights defenders and journalists and to call for their immediate release, in this regard calls for a more effective use of the EIDHR; calls for the Rule of Law Initiative to improve transparency towards civil-society organisations and to include clear objectives to make possible a transparent assessment of its implementation and results;
Amendment 317 #
Amendment 318 #
2012/2050(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57 a. Calls on the EU to raise awareness of the serious human rights violations, the massive killings and inhuman treatment in the labour and political prison camps in North Korea and support the victims of such violations;
Amendment 345 #
2012/2050(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Underlines the importance of the standards, monitoring procedures and findings of the Council of Europe as a major contribution to assessing progress by neighbouring countries in achieving democratic reforms;
Amendment 107 #
2012/2036(INI)
Motion for a resolution
Paragraph 1 – point ac a (new)
Paragraph 1 – point ac a (new)
(ac a) to recognize institutionalized democratic participation of citizens through elected representatives in the UN system as an important aspect to enhance the effectiveness and credibility of democracy promotion at the international and national levels;
Amendment 135 #
2012/2036(INI)
Motion for a resolution
Paragraph 1 – point af
Paragraph 1 – point af
(af) to promote interaction on global issues between governments and parliaments and foster debate on the global role of parliaments; to strengthen the democratic nature, accoun and on the estability and transparency of global governance and allow for greater public and parliamentary participation in the activities of the UNshment of a United Nations Parliamentary Assembly (UNPA);
Amendment 136 #
2012/2036(INI)
Motion for a resolution
Paragraph 1 – point af a (new)
Paragraph 1 – point af a (new)
(af a) to advocate the establishment of a UNPA in order to strengthen the democratic nature, accountability and transparency of the UN system and global governance and allow for greater public and parliamentary participation in the activities of the UN;
Amendment 7 #
2012/2032(INI)
Motion for a resolution
Recital B
Recital B
B. whereas effectiveproviding support in carrying out asylum procedures in the sense of solidarity and shared responsibility-sharing must be perceived as a means to assist Member States inso that they complying with their obligation to provide protection to those in need of international protection and assistance to third countries hosting the largest numbers of refugees, with the aim of strengthening the common area of protection as a whole;
Amendment 16 #
2012/2032(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the fact that there has been a sharp decrease in the number of asylum applications in the past decade in the EU, while noting that in recent years the number of applications has started to rise again; highlights that certain Member States face disproportionate asylum requests compared to others, and that asylum applications are unevenly spread across the EU; stresses that it is crucial to identify these inequalities by, inter alia, comparing absolute numbers and capacity indicators;
Amendment 27 #
2012/2032(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. NotEmphasises that a significant gap remains between the actions Member States at the external borders of the Union are expected to take under the CEAS and the support available to themll Member States have the obligation to fully implement and apply Union law and international obligations on asylum; notes that Member States at the external borders of the Union face different challenges under the CEAS than Member States without external borders and hence also need different support to carry out those respective tasks adequately; points out that Article 80 TFEU requires the activation of existing measures as well as the development of new measures to assist those Member States when necessary;
Amendment 46 #
2012/2032(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note of the recommendation of the Commission and Council regarding inter-agency cooperation between EASO and, Frontex and Europol, and stresses that the full and swift implementation of Frontex's Fundamental Rights Strategy is a sine qua non for any such cooperation in the context of international protection; emphasises that any cooperation must be viewed in the context of increasing protection standards for asylum seekers; in accordance with the agencies' mandates must be viewed in the context of fulfilling the legal obligations within international and EU law with regard to safeguarding the rights of asylum seekers; underlines that against this backdrop the fight against the trafficking of human beings and smuggling of migrants is essential in order to improve and guarantee the access to protection for those in need;
Amendment 54 #
2012/2032(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the creation as from 2014 of a simpler and more flexible Asylum and Migration Fund (AMF) and underlines the need to allocate substantial and sufficient resources to support the protection of beneficiaries of international protection and asylum seekers; stresses, in this respect, the importance of including safeguards within the AMF, in order to prevent excessive allocation of funds to only one policy area at the expense of the CEAS as a whole; at the same time considers it necessary, in the context of the reform of allocation of funds in the home affairs area for the MFF 2014-2020, to as well allocate sufficient recources for border protection in order to achieve increasing solidarity in this area as well;
Amendment 68 #
2012/2032(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of financial responsibility-sharing in the field of asylum, and recommends creating a well- resourced mechanism to compensateadequate support of Member States receiving higher numbers of asylum seekers and beneficiaries of international protection, in either absolute or proportional terms, and to help those with less developed asylum systems; considers that further research is required to identify and quantify the real costs of hosting and processing asylum claims;
Amendment 82 #
2012/2032(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomesTakes note of the Commission's commitment to performing a comprehensive evaluation of the Dublin system in 2014, reviewing its legal, economic, social and human rights effects; points out that a review of the Dublin Regulation is currently under way and that effects of its possible changes will only become evident some time after the adoption and implemention of the revised legislative act;
Amendment 86 #
2012/2032(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considernotes that the Dublin Regulation, which governs the allocation of responsibility for asylum applications, while placing a disproportionate burden on Member States constituting entry points into the EU, does not provide the means for them to respond adequately to the administrative and financial demands involved; notes that the Dublin system as it has been applied so far has led to the unequal treatment of asylum seekers across the EU while also having an adverse impact on family reunification and integration; stresses, moreover, its shortcomings in terms of efficiency and cost-effectivenessinsufficient application of common standards has led to the unequal treatment of asylum seekers across the EU; stresses, that the Dublin system should be improved, since more than half of agreed transfers never take place and there are still multiple applications are still the rule;
Amendment 102 #
2012/2032(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that joint processing does not necessarily entail a common decision, but could involve support and common processing with respect to other aspects of the asylum procedure, such as identification, preparation of first-instance procedures, interviews, or recommendations with regard to asylum decisionsassessment of the political situation in the country of origin;
Amendment 104 #
2012/2032(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Emphasises that joint processing requires a clear allocation of responsibilities between the involved Member States, in order to avoid responsibility-shifting which could leave both the authorities and the asylum- seeker in an unjustifiable legal limbo;
Amendment 107 #
2012/2032(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that a joint processing scheme should fully respect the rights of the applicants and contain strong guarantees to that end; insists that joint processing must in no circumstances be used to accelerate the asylum procedure at the expense of its quality; takes the view that joint processing could lead to more efficient asylum procedures also to the benefit of the asylum seeker, since due to increased administrative capacities his or her protection need could be recognised faster;
Amendment 122 #
2012/2032(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to include strong procedural safeguards and clear criteria in its proposal for a permanent voluntary EU relocation scheme, in order to guarantee potential beneficiaries‘ best interests; recommends involving the host community, civil society and local authorities from the outset in relocation initiatives;
Amendment 129 #
2012/2032(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the funding possibilities provided under the AMF for relocating asylum seekers, and encourages Member States to engage in voluntary initiatives, while fully respecting asylum seekers‘' rights and the need for their consent; calls on the Commission to investigate the feasibility of developing an EU system for relocating asylum seekers, and to submit a proposal for a viable and sustainable programme for the internal relocation of asylum seekers;
Amendment 135 #
2012/2032(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Insists that mutual trust is based on a shared understanding of responsibilities; stresses that the compliance with EU law is an indispensable element for trust among Member States;
Amendment 137 #
2012/2032(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Acknowledges that while compliance with international protection obligations enhances mutual trust, this cannot result in developing policies on the basis of conclusive presumpdoes not necessarily result in a uniform applications of compliancerules, given that the interpretation and application of international and EU asylum law still varies widely among Member States, as is clear from the recent ECHR and CJEU case-law relating to the Dublin Regulation; emphasises that it is the responsibility of the European Commission and the Courts to monitor and evaluate the application of asylum rules in accordance with international and EU law;
Amendment 141 #
2012/2032(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses that while infringement proceedings can be appropriate under certain circumstances to ensure the proper functioning of a Member State's asylum system, they should be considered a measure of last resort and must be accompanied by support measures, operational plans and oversight mechanisms, in order to yield results and not overwhelm already burdened systems;
Amendment 144 #
2012/2032(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that the Dublin system is based on mutual trust and that its implementation amounts to a mutual recognition of rejection decisions among Member States, given that an asylum claim can only be considered in the EU once; considers, nevertheless, that this is not mirrored by the mutual recognition of decisions recognising international protection needs, and that this gives rise to legal obstacles, administrative problems and legal uncertainty, as well as overall imbalance and human costs; calls on the Commission to submit a communication on a framework for the transfer of protection of beneficiaries of international protection and mutual recognition of asylum decisions by 2014, in line with the Action Plan Implementing the Stockholm Programme;
Amendment 148 #
2012/2032(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Stresses that visa regimes govern a multitude of entry and exit authorisations and that those entry and exit rules do not restrict the legal obligations on providing access to asylum in any way;
Amendment 150 #
2012/2032(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that restrictive visa regimes and enhanced border controls can have adverse effects on access to international protection in preventing persons in need from reaching the EU and reiterates the need to apply measures in a protection- sensitive manner;delete
Amendment 156 #
2012/2032(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 158 #
2012/2032(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Return Takes the view that an enhanced intra-EU solidarity also requires joint efforts in dealing with unfounded asylum claims; emphasises that a common policy on return must offer particular support to Member States who encounter political and logistical obstacles when initiating return procedures for persons whose asylum claims have been rejected; notes that the Action Plan Implementing the Stockholm Programme foresaw a Commission Communication on the Evaluation of the common policy on return for 2011; regrets that this Communication is now only expected to be adopted in 2013;
Amendment 61 #
2012/2025(INI)
Motion for a resolution
Recital H
Recital H
H. whereas true reconciliation between different nations and peoples and the establishment of good neighbourly relations between countries contribute substantially to a genuine European integration process, and are of key importance to the enlargement process; whereas a number of candidate and potential candidate countries continue to have unresolved issues with their neighbours;
Amendment 82 #
2012/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the Copenhagen criteria continue to represent a valuable basis and should remain at the heart of enlargement policy, especially the respect for and protection of human rights including protection of rights of national minorities; underlines, however, the need to keep the economic subcriteria up to date in line with recent developments in the sphere of economic governance, while taking due account of their social implications for the candidate and potential candidate countries;
Amendment 115 #
2012/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that strict conditionality requires that the progress of a country is effectively assessed at every stage of the process, and that countries wishing to join the EU should proceed from one stage to the next only once all the conditions have been met at each stage; notes,; stresses that all the requirements of the Copenhagen criteria should be considered to the same extent throughout the whole negotiation process; however, certain tendencies to exaggeration, and recommends avoiding requirdemanding of candidate and potential candidate countries higher standarddifferent requirements than those applying in the EU; stresses the importance of setting transparent and fair benchmarks throughout the process;
Amendment 170 #
2012/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages greater participation by civil society and non-state actors from the candidate countries, as well as from the Member States; in the accession process; stresses that civil society can work as an engine of approximation with the EU and create bottom-up pressure for the implementation of the European agenda; calls for additional financial support, inter alia via the Civil Society Facility;
Amendment 180 #
2012/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Strongly believes in the need to promote a climate of tolerance, peaceful co-existence, good neighbourly relations and regional cooperation, as prerequisites for stability and as means of facilitating reconciliation; stresses that the peaceful co-existence of the majority and the traditional national minority communities is an art of living together rather than just next to each other; suggests therefore that the promotion of the teaching and learning of each others' history, language and cultural heritage during and after the accession process would facilitate the mutual understanding and the historical reconciliation; considers that the prosecution of war crimes and the reintegration of refugees and displaced persons must be fundamental elements of the accession process in regions with a recent history of conflict;
Amendment 277 #
2012/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the process is not concluded with the simple transposition of the acquis, and stresses the importance of effective implementation both of the acquis and of the Copenhagen criteria; considers that in order to maintain the credibility of the accession conditions, existing Member States should also be 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; calls on the Commission to work out a detailed proposal for a monitoring mechanism, building on the provisions of Article 7 TEU and Article 258 TFEU;
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 413 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitunambiguously by any appropriate method enabling a freely given specific and informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided. The information provided in order for children to express the consent should be given in a clear and age-appropriate language, in a way that it would be easy to understand for a child above the age of 13.
Amendment 425 #
2012/0011(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Children deserve specific protection of their personal data, as they may be less aware of risks, consequences, safeguards and their rights in relation to the processing of personal data and they are also vulnerable consumers. To determine when an individual is a child, this Regulation should take over the definition laid down by the UN Convention on the Rights of the Child. In particular, child-friendly language should be used to ensure the right of consent for children above the age of 13.
Amendment 427 #
2012/0011(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Children deserve specific protection of their personal data, as they may be less aware of risks, consequences, safeguards and their rights in relation to the processing of personal data. To determine when an individual isSuch protection is particularly important in the context of social networks. For the purpose of this regulation a child should be defined as an individual under the age of 18. Where data processing is based on the data subject’s consent in relation to the offering of information society services directly to a child, this Re regulation should take differentiate between children abover the definition laid down by the UN Convention on the Rights ofage of 13 and children under the age of 13 who require a higher level of protection to the extent that consent is given or authorised by the Cchild’s parent or custodian.
Amendment 458 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller or the third party to which the data have been transferred may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.
Amendment 496 #
2012/0011(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘the right to be forgotten’have such personal data erased where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for rheasons of public interlth purposest in the area of public healthaccordance with Article 81, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them. Also, the right to erasure should not apply when the retention of personal data is necessary for the performance of a contract with the data subject, or when there is a regulatory requirement to retain this data, or for the prevention of financial crime.
Amendment 524 #
2012/0011(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.
Amendment 532 #
2012/0011(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should document each processing operation under its responsibility. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.
Amendment 601 #
2012/0011(COD)
Proposal for a regulation
Recital 99
Recital 99
Amendment 611 #
2012/0011(COD)
Proposal for a regulation
Recital 112
Recital 112
(112) Any body, organisation or association which aims to protects the rights and interests of data subjects in relation to the protection of their data and is constituted according to the law of a Member State should have the right to lodge a complaint with a supervisory authority or exercise the right to a judicial remedy on behalf of data subjects, or. Every person has the right to lodge, independently of a data subject's complaint, an own complaint where it considers that a personal data breach has occurred.
Amendment 618 #
2012/0011(COD)
Proposal for a regulation
Recital 115
Recital 115
Amendment 748 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘controller’ means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;
Amendment 1013 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian, without prejudice of Article 6(1). The controller shall make reasonable efforts to obtain verifiable consentprovide notice and obtain meaningful, verifiable consent (e.g. by obtaining the consent from the email address of the parent or the custodian), taking into consideration available technology.
Amendment 1015 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The information provided in order to express the consent should be given in a clear and age-appropriate language, in a way that would be easy to understand for the child above the age of 13 years.
Amendment 1018 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. The methods to obtain meaningful consent shall not lead to additional processing of personal data of the child concerned.
Amendment 1176 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with at least the following information:. The following paragraphs do not apply to small enterprises in the course of their own activity and for data which is strictly and exclusively for their internal use.
Amendment 1180 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the identity and the contact details of the controller and, if any, of the controller's representative and of the data protection officer;
Amendment 1189 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 1193 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 1201 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the existence of the right to request from the controller access to and rectification or erasure of the personal data concerning the data subject orand to object to the processing of such personal data;
Amendment 1203 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
Amendment 1215 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
Amendment 1222 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the personal data are collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, whether the provision of personal data is obligatory or voluntary, as well as the possible consequences of failure to provide such data.
Amendment 1238 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) where the personal data are not collected from the data subject, at the time of the recording or within a reasonable period after the collection, having regard to the specific circumstances in which the data are collected or otherwise processed, or, if a disclosure to another recipient is envisaged, and at the latest when the data are first disclosed; or, if the data shall be used for communication with the person concerned, at the latest at the time of the first communication to that person.
Amendment 1248 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
(b) the data are not collected from the data subject or the data processes do not allow the verification of identity and the provision of such information proves impossible or would involve a disproportionate effort such as by generating excessive administrative burden, especially when the processing is carried out by a SME; or
Amendment 1250 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point c
Article 14 – paragraph 5 – point c
(c) the data are not collected from the data subject and recording or disclosure is expressly laid down by law; or
Amendment 1253 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d
Article 14 – paragraph 5 – point d
(d) the data are not collected from the data subject and the provision of such information will impair the rights and freedoms of others, as defined in Union law or Member State law in accordance with Article 21.; or
Amendment 1262 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data originates from publicly available sources; or
Amendment 1266 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d b (new)
Article 14 – paragraph 5 – point d b (new)
(db) the data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of a legitimate overriding interest of a third party.
Amendment 1268 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d c (new)
Article 14 – paragraph 5 – point d c (new)
(dc) the data are processed in the exercise of his profession by, or are entrusted or become known to, a person who is subject to an obligation of professional secrecy regulated by the State or to a statutory obligation of secrecy.
Amendment 1279 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 1296 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. TOnly the data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed unless this request is manifestly excessive according to 12 (4). Where such personal data are being processed, the controller shall - so far as the data subject has not received - provide the following information:
Amendment 1311 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) if known the period for which the personal data will be stored;
Amendment 1324 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 1357 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the communication to the data subject of the contentdata subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data which were provided by the data subject itself and that undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject. This right shall not restrict rights of others as trade secrets or intellectual property rights. This does not apply on the processing of anonymised and pseudonymised data, insofar as the data subject is not sufficiently identifiable ofn the personal data referbasis of such data or identification would required to in point (g) of paragraph 1he controller to undo the process of pseudonymisation.
Amendment 1358 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. There shall be no right to information where: (a) data are involved which a person bound by professional secrecy is required to protect; (b) data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of the overriding interest of a third party; (c) the public entity responsible has ascertained in relation to the entity responsible that disclosure of the data would endanger public safety or order; (d) data comprise trade secrets.
Amendment 1376 #
2012/0011(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Paragraph 1 shall not apply to pseudonymous data.
Amendment 1603 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. In any case, children should not be subject to measures of profiling, as referred to in paragraph 1.
Amendment 1750 #
2012/0011(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them.
Amendment 1778 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall. The controller and the processor shall be free to determine respective roles and responsibilities with respect to the requirements of this Regulation and shall provide for the following:
Amendment 1784 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
Amendment 1788 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 1792 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 1796 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 1804 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point h
Article 26 – paragraph 2 – point h
(h) make available to the controller and the supervisory authority on request all information necessary to control compliance with the obligations laid down in this Article.
Amendment 2593 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
Amendment 2632 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. Each supervisory authority shall have the power to bring violations of this Regulation to the attention of the judicial authorities and to engage in legal proceedings, in particular pursuant to Article 74(4) and Article 75(2).
Amendment 2790 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2person shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred.
Amendment 2800 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
Amendment 2813 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 2825 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 2830 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage, notwithstanding the contractual agreement they might have concluded according to Article 24.
Amendment 2837 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage.
Amendment 81 #
2011/2246(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that media pluralism is a pillar of media freedom, in terms of ensuring that media are diversified, ensure access to different social and political actors, opinions and viewpoints (including NGOs, citizens’ associations, minorities, etc), and offer a wide range of views; considers that the provision of varied and objective information to the public is vital in order to create and maintain democratic public opinion; in addition to the existing regulations, thought should be given, with regard to the requirement for the provision of balanced information (and the right of reply), to ways in which other joint European minimum regulations can be laid down and how their implementation can be made compulsory for online content;
Amendment 86 #
2011/2246(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls the important role of the public service media, funded by citizens through the State, and their institutional duties to provide high quality and accurate and reliable information; stresses that the private media have similar duties in relation to information, notably of institutional and political nature, in particular on the occasion of elections, referenda, etc; finds that free market entry is leading to a rapid rise in the number of commercial media providers, so that further requirements may have to be laid down for these providers with regard to public access to value-sustaining and value-creating content;
Amendment 123 #
2011/2246(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of ensuring the independence of journalists, both from internal pressures from editors or owners and externally from political or economic lobbies or other interest groups; highlights the fact that the right of access to documents and information is fundamental and calls for the full protection of the confidentiality of sources principle and for the strict application of the European Court of Human Rights case-law in this area, including in relation to whistle-blowing; calls for journalists to be protected from threats and violence, as investigative journalists are often threatened as a result of their activities; highlights the need to support and promote investigative journalism and to promote ethical journalism in the media by developing professional standards and appropriate redress procedures; points out in addition that the immunity of investigative journalists from prosecution (including under criminal law) must be guaranteed if they commit infringements in the course of acquiring information in the public good which they would have been able to obtain either not at all or only with undue difficulty by other means; proposes as a further condition for immunity that infringements committed by journalists should cause no disproportionate or serious injury and that the acquisition of information should not involve any breach of the provisions on the protection of classified information;
Amendment 147 #
2011/2246(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. stresses the need for more legal harmonisation measures to protect minors, primarily with regard to online content; proposes in addition the formulation of detailed regulations and more European standards banning hate speech and ensuring respect for human dignity, such as the restrictions on freedom of expression which are enshrined in the constitution;
Amendment 153 #
2011/2246(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that dealing with the question of cross-border media provision is vital with regard to jurisdiction issues; takes the view that discrepancies between the regulations and practices of the authorities in individual Member States make it very difficult to take effective, substantive action against providers established in another Member State, and that media organisations thus have the opportunity to evade liability through their choice of the location of their seat or of the jurisdiction; therefore proposes that the solution to this problem, in addition to more detailed joint regulations than exist at present, would be to make it possible to take effective action against cross-border providers;
Amendment 155 #
2011/2246(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Emphasises that the most comprehensive possible involvement of co-regulatory organisations in mass media monitoring is indispensable; recalls that self-regulation which is completely independent of the state does not make this possible, since the differing constitutional and public administration systems in the Member States mean that it cannot be made subject to common uniform rules;
Amendment 157 #
2011/2246(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Stresses that another important part of joint media regulation is harmonisation of certain issues surrounding market entry rules, including standardising media provision fees payable to the media authority (to cover linear media services provided via cable, satellite and the internet);
Amendment 71 #
2011/2185(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the comprehensive section on violence against women and on the rights of the child in this year's Annual Report; recognises the priority given to support efforts towards the worldwide abolition of the death penalty and to judicial reform issues; endorses the HR/VP's practical focus on EU action in international forums;
Amendment 146 #
2011/2185(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the commitment of the HR/VP to focus in election observation on the participation of women and national minorities, as well as persons with disabilities both as candidates and voters1; ___________ 1 Human Rights and Democracy at the Heart of EU External Action - Towards a more effective Approach, Joint Communication, 12 December 2011
Amendment 185 #
2011/2185(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises the crucial importance of active civil society participation in and contribution to processes of governance, and insists that, in future, civil society must be engaged so as to contribute directly through an institutionalised ‘civil society monitoring mechanism’; welcomes in this respect welcomes all the EU programmes that aim at training young professionals and simplifying student exchange programmes for third country nationals as these contribute effectively to the development of civil society;
Amendment 207 #
2011/2185(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Expresses deep concerns about the use of children as soldiers; calls for immediate steps to be taken by the EU for their disarmament, rehabilitation and reintegration as a core element in the EU policies that aim at strengthening human rights, child protection and the replacement of violence with political conflict resolution mechanisms;
Amendment 257 #
2011/2185(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63 a. Emphasises that traditional national minority communities have specific needs different from other minority groups and there is a need to safeguard equal treatment of these minorities with regard to education, healthcare, social services and other public services, furthermore to promote in all areas of economic, social, political and cultural life full and effective equality between persons belonging to a national minority and those belonging to the majority;
Amendment 316 #
2011/2185(INI)
Motion for a resolution
Paragraph 81 a (new)
Paragraph 81 a (new)
81 a. Welcomes the commitment made by the European Parliament to enhance the role of the Sakharov Prize and to strengthen the Sakharov Network by organizing high-level conferences with the participation of former prize laureates;
Amendment 22 #
2011/2157(INI)
Motion for a resolution
Recital A
Recital A
A. whereas respect for and promotion of democracy and human rights – particularly women’s rightthe rights of children, women and national, linguistic and religious minorities – justice and the rule of law, fundamental freedoms – including freedom of speech, conscience, religion, association and the media –, strengthening of security, democratic stability, prosperity, the fair distribution of income, wealth and opportunities, the fight against corruption and the promotion of good governance are founding principles and aims of the EU which must constitute common values at the core of the ENP review,
Amendment 131 #
2011/2157(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that human rights situations – with particular regard to the rights of children, women and national, linguistic and religious minorities – should be continuously monitored and that an annual assessment of the situation could be included in the annex to the annual progress report of each partner country with a clear mechanism to reconsider and progressively limit bilateral cooperation if human rights violations are confirmed;
Amendment 287 #
2011/2157(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the EU should get more involved and play a more active and constructive role in resolution of regional conflicts by developing more confidence- building measures, considering new pragmatic and innovative approaches, launching public communication strategies, supporting civic culture and community dialogue, promoting specific forms of mutual confidence-building and strengthening good- neighbourly relations;
Amendment 15 #
2011/2132(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Ukraine is a European state and, pursuant to Article 49 of the Treaty on European Union, may apply for membership of the EU, as can any European state provided it adheres to the principles of democracy, respect for human rights and, fundamental freedoms, minority rights and the rule of law; whereas the conclusion of an EU-Ukraine Association Agreement, including a DCFTA, will be a major step in Ukraine’s European integration process,
Amendment 122 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) to develop specific instruments to help strengthen Ukrainian civil society to become acquainted withand promote the process of dialogue betweenwith social partners in the EU, in order to further integrate civil society into policy processes in Ukraine;
Amendment 24 #
2011/2069(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Article 2 of the Treaty on European Union (TEU) founds the Union on a community of indivisible and universal values of respect for human dignity, freedom, democracy, equality, solidarity, the rule of law and respect for human rights, for all persons on the territory of the EU, including those belonging to minorities, including the rights of persons belonging to minorities; these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail;
Amendment 43 #
2011/2069(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the EU by virtue of Article 2 of the TEU, and whereas in light of this all Member States should be assessed on an ongoing basis in order to verify their continued compliance with the EU's fundamental values of respect for fundamental rights, democratic institutions and the rule of law,democracy and rule of law, and the respect for human rights and the protection of minorities;
Amendment 60 #
2011/2069(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. While welcoming steps by the Commission to ensure that its 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; urgecalls the Commission to take tangible steps towards improving the verification of its proposals with the Charter;
Amendment 66 #
2011/2069(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that the European Parliament should also strengthen its autonomous impact assessment on fundamental rights in relation to legislative proposals and amendments under examination in the legislative process in order to make it more systematic;
Amendment 82 #
2011/2069(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 93 #
2011/2069(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Suggests more transparency in the Commission's dialogue with Member States, as well as in the work of EU agencies, when fundamental rights or the interests of European citizens are at stake;
Amendment 97 #
2011/2069(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 104 #
2011/2069(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Suggests that, in spite of the blockages which have occurred, the Commission should conclude the procedure of the EU's accession to the ECHR as soon as possible, as it will provide an additional mechanism for enforcing human rights of its citizens;
Amendment 112 #
2011/2069(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 118 #
2011/2069(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to ensure that infringement proceedings secure the effective protection of fundamental rights, therefore launch objective investigations and start infringement proceedings if well grounded, thus avoiding double standards, whenever a Member State violates the rights enshrined in the Charter when implementing EU legislation;
Amendment 213 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on Member States to adopt adequate measures in order to promote, in all areas of economic, social, political and cultural life, the effective equality between persons belonging to a national minority and those belonging to the majority, by taking due account in this respect of the specific conditions of the persons belonging to these national minority communities; points out the inconsistency of policy towards national minorities: while the protection of minorities is a part of the Copenhagen criteria, there is no standard for minority rights in Community policy;
Amendment 221 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Considers that no single solution exists for improving the situation of national minorities in all the Member States, some common and minimum objectives for public authorities in the EU should be developed, taking account the relevant international legal norms and existing good practices;
Amendment 228 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Suggests efforts to promote the confidence building between and the co- existence of communities traditionally living next to each other by teaching and learning of each others identity, regional identities, each other’s languages in both directions and each other’s history, heritage and culture for better understanding and better respect for diversity;
Amendment 232 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Considers that effective participation in decision-making based on the principles of subsidiarity and self- governance is one of the most effective ways of handling the problems of national minorities, following the best practices existing within the Union;
Amendment 293 #
2011/2069(INI)
Motion for a resolution
Subheading 6
Subheading 6
The youth, elderly and disabled peoplepeople with disabilities
Amendment 296 #
2011/2069(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Member States to ensure the integratclusion of younger workers, particularly those affected by the economic crisis, into the labour market;
Amendment 307 #
2011/2069(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on an innovative solution on info-communication accessibility regarding the access of the deaf and hard of hearing citizens to the EU institutions and conferences based on the EP resolutions of 17 June 1988 on sign languages for the deaf1, of 18 November 1998 on sign languages2 and of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020, in accordance with Articles 2, 21, 24 and 30 of the UN Convention on the rights of persons with disabilities; 1 OJ C 187, 18.7.1988, p. 236 2 OJ C 379, 1998 3 P7_TA(2011)0453
Amendment 385 #
2011/2069(INI)
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 especially in relation to judiciary, education and data-protection;
Amendment 96 #
2011/2030(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) to ensure that the EEAS is well integrated and coordinated with other international bodies, regional organisations and their work in promoting human rights; to ensure that recommendations, concerns and resolutions adopted, and priorities expressed within the UN system and other international institutions are fully and systematically integrated into alltaken into consideration by developing EU policy fieldies and instruments, and the human rights field in particularespecially on the field of human rights,
Amendment 105 #
2011/2030(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
(r) to continue its endeavours in the UNGA Third Committee on a large number of resolutions, in particular on the call for a moratorium on the use of the death penalty, which has received support from more countries, furthermore on the rights of the child, on national and linguistic minorities, on religious intolerance ands well as on abolishing torture,
Amendment 118 #
2011/2030(INI)
Motion for a resolution
Paragraph 1 – point u
Paragraph 1 – point u
(u) to foster a debate on the topic of the role of parliaments and regional assemblies in the UN system, which is expected to feature on the agenda of the 66th UNGA session, ands well as on the topic of establishing a UN Parliamentary Assembly; furthermore, to promote interaction on global issues between governments and parliaments;
Amendment 66 #
2011/0412(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The implementation of this instrument should be foreseen with an active cooperation and involvement of the EU delegations, as well as the new EU Special Representative on Human Rights.
Amendment 122 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point vii
Article 2 – paragraph 1 – point a – point vii
(vii) supporting measures to facilitate the peaceful conciliation of group interests, including support for confidence-building measures relating to minority rights, coexistence of majority-minority communities, human rights and democratisation.
Amendment 130 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point v
Article 2 – paragraph 1 – point b – point v
(v) the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic group, as proclaimed in the UN Declaration on the Rights of Indigenous Peoples and the rights of persons belonging to minorities and ethnic groups, as defined in the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities;
Amendment 147 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c – point iii a (new)
Article 2 – paragraph 1 – point c – point iii a (new)
(iiia) promotion of volunteering in the field of health, education and humanitarian work, and supporting these activates, as strengthening factors of civil society, in creating social and democratic capital and in contributing to solidarity and increased tolerance;
Amendment 159 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples and minorities, rights of persons with disabilities, and principles such as empowerment, participation, non- discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this Regulation.
Amendment 166 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) promoting human and minority rights and fundamental freedoms, the rule of law, principles of equality, establishing deep and sustainable democracy, promoting good governance and developing a thriving civil society including social partners;
Amendment 169 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) achieving progressive integration into the Union internal market and enhanced sector and cross-sectoral co-operation including through legislative approximation and regulatory convergence towards Union, Council of Europe and other relevant international standards, related institution building and investments, notably in interconnections;
Amendment 187 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) sustainable and inclusive development in all aspects, poverty reduction with special regard to child poverty, including through private-sector development; promotion of internal economic, social and territorial cohesion, rural development, climate action and disaster resilience;
Amendment 189 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) promoting confidence building, co- existence of communities traditionally living next to each other and other measures contributing to security and the prevention and settlement of conflicts;
Amendment 248 #
2011/0405(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. In the event of crises or threats to democracy, the rule of law, human and minority rights and fundamental freedoms, or of natural or man-made disasters, an ad hoc review of the programming documents may be conducted. Such emergency review shall ensure that coherence between Union support provided under this Regulation and support provided under other Union financial instruments is maintained. An emergency review may lead to the adoption of revised programming documents. Where this is the case, the Commission shall send the revised programming documents to the European Parliament and to the Council for information within one month of their adoption.
Amendment 119 #
2011/0404(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point ii
Article 2 – paragraph 1 – point a – point ii
(ii). promotion and protection of human rights and fundamental freedoms, enhanced respect for minority rights, protection of the vulnerable groups, promotion of gender equality, non-discrimination and freedom of the press, and promotion of good neighbourly relations;
Amendment 123 #
2011/0404(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point iv a (new)
Article 2 – paragraph 1 – point a – point iv a (new)
(iva). the fostering of an inclusive and integrated education system, the promotion of mother-tongue education and the preservation of cultural heritage;
Amendment 129 #
2011/0404(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point vi
Article 2 – paragraph 1 – point a – point vi
(vi). the promotion of reconciliation, peaceful coexistence, peace building and confidence building measures, regional cooperation and good neighbourly relations.
Amendment 148 #
2011/0404(COD)
Proposal for a regulation
Article 2 – paragraph 2 – indent 1
Article 2 – paragraph 2 – indent 1
– Progress in the areas of democracy, the rule of law, the respect of human rights and fundamental freedoms, the respect for the rights of national, linguistic and religious minorities, the justice system and the level of administrative capacity;
Amendment 112 #
2011/0369(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. VAT which is not recoverable under national VAT legislation is eligible in the case of action grants and operating grants.
Amendment 52 #
2011/0344(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principlvalues of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, which are common to the Member States. Every citizen of the Union has the rights provided for in the Treaty. The Charter of Fundamental Rights of the European Union, which with the entry into force of the Lisbon Treaty became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be promoted and respected if they are to become a reality. The full enjoyment of those rights should be guaranteed and any obstacles should be dismantled.
Amendment 60 #
2011/0344(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Non-discrimination based onon any grounds in particular sex, racial or ethnic origin, language, membership of a national minority, religion or belief, disability, age or sexual orientation and equality between women and men are values common to the Member States. Combating all forms of discrimination is an ongoing goal which requires coordinated action, including by the allocation of funding.
Amendment 116 #
2011/0344(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) to promote the effective implementation of the principles of non discrimination on the grounds in particular of sex, racial or ethnic origin, language, membership of a national minority, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly;
Amendment 173 #
2011/0344(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. VAT which is not recoverable under national VAT legislation is eligible in case of action grants and operating grants.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 464 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to boardtakeoff.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 1837 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operations under its responsibility.
Amendment 1884 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The controller and the processor and, if any, the controller's representative, shall make the documentation available, on request, to the supervisory authority.
Amendment 1911 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 144 #
2010/2298(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. In order to enhance EU-CoE multilateral cooperation in the fields important for the EU as well, i.e. in education, human rights, the rule of law, democracy and good governance, as well as considering that the EU is the largest contributor to joint operating programmes with the CoE, underlines the need to reform the EU's presence and observer status in the CoE; emphasises the right to attend, with voting rights on behalf of the EU, meetings of the CoE Committee of Ministers when it performs, inter alia, its task of monitoring the execution of judgments given by the European Court of Human Rights as well as the right to be represented on the Steering Committee for Human Rights; especially after the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR);
Amendment 99 #
2010/2202(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU Member States to sign up to, and ratify, all core UN and Council of Europe human rights conventions and the optional protocols thereto, in particular to ratify the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the International Convention for the Protection of All Persons from Enforced Disappearance, andthe Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, as well as the United Nations Convention on the Rights of Persons with Disabilities; insists that the Optional Protocol to the Convention should be regarded as an integral part thereof, and calls for simultaneous accession to the latter (Convention and Protocol);
Amendment 133 #
2010/2202(INI)
Motion for a resolution
Paragraph 19a (new)
Paragraph 19a (new)
19a (new). Stresses the need for more serious attention to the various Council of Europe and UN monitoring mechanisms and for closer cooperation with their different treaty bodies to better channel their findings and use their expertise in the field;
Amendment 134 #
2010/2202(INI)
Motion for a resolution
Paragraph 19b (new)
Paragraph 19b (new)
Amendment 138 #
2010/2202(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for enhanced cooperation between the Council of Europe and the European Union in the field of promoting minority rightthe rights of national minorities and protecting regional and minority languages, using the legal tools of non-discrimination to advocate diversity and tolerance;
Amendment 141 #
2010/2202(INI)
Motion for a resolution
Paragraph 20a (new)
Paragraph 20a (new)
20a (new). Calls for enhanced cooperation between the United Nations, its Permanent Forum on Indigenous People and the European Union in the field of the protection of indigenous peoples' rights, as indigenous people belong to one of the most vulnerable groups all over the world;
Amendment 229 #
2010/2202(INI)
Motion for a resolution
Paragraph 51a (new)
Paragraph 51a (new)
51a (new). Expresses deep concerns about the use of children as soldiers; calls for immediate steps taken by the EU and UN for their disarmament, rehabilitation and reintegration;
Amendment 75 #
2010/0210(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Activities dependent on the passing of the seasons are typically to be found in sectors such ascharacterised by seasonality such as, for example, agriculture, during the planting or harvesting period, or tourism, during the holiday period.
Amendment 82 #
2010/0210(COD)
Proposal for a directive
Recital 11
Recital 11
(11) It should only be possible to apply for admission as a seasonal worker whileprovided that the applicant is a third-country national residing outside the territory of the Member States.
Amendment 46 #
2010/0074(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) It is appropriate to ensure that statements of support for a citizens' initiative are collected within a specific time-limit. In order to ensure that proposed citizens' initiatives remain relevant, whilst taking account of the complexity of collecting statements of support across the European Union, that time-limit should not be longer than 124 months from the date of registration of the proposed initiative.
Amendment 52 #
2010/0074(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) It is appropriate that the Commission should take a decision on the admissibility of proposed initiatives at a sufficiently early stage. The organiser should therefore request such a decision after it has collected 300.150 000 statements of support for the proposed initiative from signatories coming from at least three Member States or 100 000 statements of support for the proposed initiative from signatories coming from at least five Member States.
Amendment 109 #
2010/0074(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Signatories shall be considered as coming from the Member State which issued the identification document indicated in their statement of support or from the Member State which issued a document indicating their citizenship.
Amendment 111 #
2010/0074(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. After having collected 300.150 000 statements of support in accordance with Article 5from signatories coming from at least three Member States or 100 000 statements of support from signatories coming from at least threfive Member States in accordance with Article 5, the organiser shall submit to the Commission a request for a decision on the admissibility of the proposed citizens' initiative. For this purpose the organiser shall use the form set out in Annex V.
Amendment 116 #
2010/0074(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The organiser shall submit statements of support to the Member State that issued the identification document or a document indicating the citizenship indicated therein.
Amendment 138 #
2010/0074(COD)
Proposal for a regulation
Annex III – Box 3
Annex III – Box 3
Box 3: (to be completed by signatory) 11. Citizenship*: 2. Name of signatory: First name*:……Family name*: 23. Address: Street: Postcode: City*: Country*: 34. E-mail address: 45. Date and place of birth*: Date of birth: Place and country: 5. Nationality*: 6. Personal identification number*: Type of identification number/identity document*: National identity card: Passport: Social security: Member State, which issued the identification number/identity document*: 7. I hereby certify that the information provided in this form is correct and that I have only supported this proposed citizens' initiative once*. Date and signature of the signatory* ♦: ………..
Amendment 47 #
2010/0064(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
Amendment 23 #
2009/2219(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to table a proposal for a regulation banning the import into the EU of goods produced using slave or forced labourmodern forms of slavery, forced labour, especially forced labour of particular vulnerable groups, children in violation of basic human rights standards; emphasises that such a regulation would have to enable the EU to investigate specific claims;
Amendment 8 #
2009/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas human rights defenders all over the world are crucial actors when it comes to the protection and promotion of basic human rights, many times at the risk of their own lives and whereas human rights defenders are also key players for the consolidation of democratic principles in their countries, maintain impartiality and transparency in their work and develop credibility through accurate reporting; thereby constituting the human link between democracy and respect for human rights,
Amendment 52 #
2009/2199(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Expects that the appointment of the High Representative for Foreign Affairs and Security Policy, who is at the same time Vice-President of the Commission, and the creation of a common external action service, could considerably enhance the coherence and effectiveness of the EU in this field, and strongly recommends that the elaboration of local, or regional, as well as thematic strategies, including their evaluation, be institutionalised by the HR/VP, so as to ensure a real implementation of the protecting measures enshrined in the EU Guidelines on Human Rights Defenders;
Amendment 62 #
2009/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the need for a gender perspective in the implementation of the guidelines, with targeted actions in favour of women human rights defenders and other particularly vulnerable groups, such as defenders working to promote economic, social and cultural rights and those working with minorities' rights, indigenous peoples and lesbian, gay, bisexual and transgender people;rights of religious and language minorities, indigenous peoples and sexual minorities; furthermore special attention should be paid to students activists.
Amendment 72 #
2009/2199(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that human rights defenders in third countries can be better protected by making the EU human rights dialogues more effective; stresses the need to systematically raise the situation of human rights defenders in all political and human rights dialogues or in trade negotiations with third countries, reminding of the responsibility of States to ensure that all the obligations and rights embodied in the UN Declaration on Human Rights Defenders are included in national law, including the right to freedom of association, freedom of assembly and the right to receive domestic and foreign funding, as well as freedom of expression, which is a right essential to the work of human rights defenders; underlines that partner states should also be reminded of the obligation and the responsibility to protect and promote respect of human rights defenders and their work, by creating conditions that fully enable the exercise of advocacy, monitoring and reporting on human rights;
Amendment 93 #
2009/2199(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Council and the Commission to increase awareness among human rights defenders, the EEAS, EU embassies and EU Foreign Ministries about the existence of the guidelines through targeted actions, furthermore these officials of Member States should receive human rights trainings; considers that the annual meetings foreseen in the guidelines would be one way of better reaching out to human rights defenders and also increase the visibility of EU action;
Amendment 98 #
2009/2199(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the High Representative of the European Union for Foreign Affairs and Security Policy to systematically meet with human rights defenders when she officially travels in third countries and underlines that the support to human rights defenders should also be imperatively included in the mandate of EU Special Representatives, promoting respect for human rights defenders; underlines that both the High Representative and the Special Representatives will be held accountable by the European Parliament for their action in this regard;
Amendment 117 #
2009/2199(INI)
Motion for a resolution
Paragraph 31a (new)
Paragraph 31a (new)
31a. Calls the European Commission to follow and monitor regularly the short- and long term implementation of the EU Guidelines on Human Rights Defenders and report back to the Human Rights Subcommittee of the European Parliament.
Amendment 5 #
2009/2161(INI)
Motion for a resolution
Citation 5
Citation 5
– having regard to the Commission cCommunication on the Strategy for the effective implementation of the Charter of Fundamental Rights, by the European Union1, 1 COM(2010)0573.
Amendment 53 #
2009/2161(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirms that the Charter has the same legal value as the Treaties and represents the most modern codification of fundamental rights, offering a good balance between rights and solidarity and encompassing civil, political, economic and social rights as well as ‘third generation’ rights (i.e. the rights to good administration, a healthy environment and consumer protection);
Amendment 67 #
2009/2161(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reaffirms that EU accession to the ECHR will provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to an act, or a failure to violation of human rights derived from an act, by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; and that ECtHR case law will thus provide significant input for current and future EU action on civil liberties, justice and home affairs;
Amendment 82 #
2009/2161(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, furthermore, the new general obligations created by the Treaty of Lisbon to combat social exclusion and discrimination and to promote social justice and protection, equality ofbetween women and men, protection of the family, solidarity between generations and protection of the rights of the child, as well as its explicit reference to persons belonging to minorities, which reflects another founding value of the Union; also welcomes the fact that the Union has acquired legal personality allowing it to accede to international treaties, the improvement in judicial protection with the extension of the jurisdiction of the CJ to areas of obvious relevance to the protection of fundamental rights, such as police and judicial cooperation in the field of criminal law, the strengthened role of the European Parliament and national parliaments in the European decision-making process, especially in evaluating the implementation of EU policy in the AFSJ, and the increased role of European citizens, now invested with the power to initiate EU legislation through the European Citizens‘ Initiative;
Amendment 115 #
2009/2161(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of the Commission's annual monitoring of compliance with the Charter, and notes that its monitoring reports should contain an assessment of the implementation of the various rights and, an evaluation of the most contentious issues and of the situation of the most vulnerable groups in the Union; recommends the, existing protection gaps, key trends and structural problems, with a view to proposing concrete initiatives and measures at EU level, to disseminationg of good practice to the Member States;
Amendment 120 #
2009/2161(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Commission Communication on the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union1 referring among others to its preventing approach in the effective implementation, the importance of internal training on fundamental rights, the systematic check of the fundamental rights aspect of the Commission's impact assessments by the Impact Assessment Board, as well as the targeted communication measures tailored to various situations needed in this respect; furthermore welcomes the emphasis of the above-mentioned Commission Communication regarding the importance of the political criteria for accession laid down by the 1993 Copenhagen European Council requiring candidate countries to have stable institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; the preservation of this criterion is supporting the protection of fundamental rights in the future Member States; 1 COM(2010)0573.
Amendment 129 #
2009/2161(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Council to adapt to the changes required by the Treaty and to comply with the Charter when legislating; therefore welcomes the establishment of a standing Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons; and hopes that the work of this new body will workbe transparently and efficiently;
Amendment 134 #
2009/2161(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Reaffirms the inter-institutional agreement Common Approach to Impact Assessment1 referred to in the Commission Communication on the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union, which states that the Parliament and the Council are responsible for assessing the impact of their own amendments; 1 Council document 14901/05 of 24.11.2005.
Amendment 137 #
2009/2161(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for enforcement of its democratic scrutiny based on the treaties; insists on the necessity of enhancing transparency in the inter-institutional dialogue and access to documents between EU institutions, in order to develop more effective interinstitutional cooperation on matters related to fundamental rights; underlines its role in evaluating the work of other EU institutions when assessing developments in the field (e.g. through annual reports), combining as it does political messages with a facts-based approach;
Amendment 144 #
2009/2161(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reaffirms the fact of the CJ's enhanced role in ensuring that all institutions and Member States implementing EU law applyrespect the Charter accordingly, and notes that this will enable the CJ to develop its case law on fundamental rights; stresses the need for enhanced cooperation between national courts, the CJ and the ECtHR in furthering the development of a coherent system of case law in the field;
Amendment 148 #
2009/2161(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that the FRA constitutes a guarantee ofe role of the FRA in the congoing protectiontinued observance of fundamental rights within the Union and that it, which requires quality, objectivity, effective impartiality and transparency; its work should therefore have adequate resources for its increased tasks following the implementation of the Charter; points out that its monitoring role should extend to the acceding countries; reiterates its request to be fully associated in revising the multi- annual programme of the FRA;
Amendment 158 #
2009/2161(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on all other European agencies, especially Frontex, to uphold their commitment to the protection of fundamental rights and to integrate fundamental rights approach into all their activities; in this regard, welcomes the cooperation agreement signed between Frontex and the FRA in 2010;
Amendment 164 #
2009/2161(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of the judiciary bodies in the Member States, which play a primary role in the insurance of compliance and enforcement of humanfundamental rights, and therefore suggests the provision of easy access to the courts as a means of strengthening the protection of fundamental and human rights; urges the Member States to invest effort in the ongoing training of national judges on fundamental rights and freedoms;
Amendment 166 #
2009/2161(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the EU institutions and the Member States to redouble their efforts to raise awareness, as fundamental rights can be protected more effectively if citizens themselves are aware of their rights; calls for active use of the experience of civic bodies and (relevant NGOs, churches, platforms of civil society) and for the maintenance of an ongoing working relationship with all such bodies in implementing the new architecture of fundamental rights and in taking action on specific cases;
Amendment 222 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 6
Paragraph 35 – indent 6
– prohibiting and eliminating all forms of discrimination against a large number of minorities, protecting the language rights of national minorities,
Amendment 7 #
2009/2133(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Taking into account the fact that the European Parliament will be consulted on the setting-up of the EEAS, and given the budgetary consequences, believes that an early and substantive dialogue with Parliament is essential for the effective start-up of the EEAS and to ensure that it receives the necessary financial resources from the Community budget in line with all the requisite agreements, so as to ensure that the EEAS is able to operate financially as a sui generis body;
Amendment 17 #
2009/2133(INI)
Draft opinion
Paragraph 5 – point b
Paragraph 5 – point b
(b) the EEAS must deal with the CFSP and the common security and defence policy (CSDP) and with the tasks and policies currently dealt with by the Directorate- General for External Relations (DG Relex) in the Commission; in addition, the High Representative should present a comprehensive proposal on how other major external action-related policies will be organised in the new institutional set- up; enlargement, human rights, energy security, climate change, trade, development and humanitarian aid together constitute a substantial part of the EU's overall external policies; in order to achieve a single common foreign policy through the institutional set-up, there are compelling reasons to include development policy and enlargement policy, where appropriate, in areas within the new service;
Amendment 44 #
2009/2133(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Reiterates its determination to exercise its budgetary powers to the full in connection with these institutional innovations and calls for financial revision before the new budgetary term; emphasises that all aspects of the funding arrangements for the EEAS must remain under the supervision of the budgetary authority in accordance with the Treaties.
Amendment 4 #
2009/0104(CNS)
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) The visa liberalisation dialogue initiated by the Commission, with a regional approach and a European perspective, includes all the Western Balkan countries, namely Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia, on an equal footing and without any discrimination. The composition of the lists of third countries in Annexes I and II to Regulation (EC) No 539/2001 of 15 March 2001 should be, and should remain, consistent with the criteria laid down in recital (5) thereto. Some third countries, for which the situation has changed as regards these criteria,The same criteria laid down in the roadmap for visa liberalisation should be applied to all countries concerned. Some of the Western Balkan countries that have met the benchmarks should be admitted to the visa-free travel regime from 1 January 2010. Those countries that, despite having made substantial progress, have not fully met the benchmarks should be tgransferred from one Annex to the other. ted the same privilege as soon as they meet the benchmarks as set out in the roadmap.
Amendment 7 #
2009/0104(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) The visa liberalisation dialogue initiated by the Commission with a regional approach and a European perspective, includes countries of the Western Balkans, namely Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia on an equal footing and without any discrimination. The composition of the lists of third countries in Annexes I and II to Regulation (EC) No 539/2001 of 15 March 2001 should be, and should remain, consistent with the criteria laid down in recital (5) thereto. Some third countries, for which the situation has changed as regards these criteria, should be transferred from one Annex to the otherThe same criteria laid down in the roadmaps for visa liberalisation should be applied to all countries concerned.
Amendment 8 #
2009/0104(CNS)
Proposal for a regulation – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) With the aim of furthering the implementation of the Thessaloniki agenda and as part of the regional approach, the Commission should start a visa dialogue with Kosovo and establish a tailor-made roadmap for visa facilitation and liberalisation similar to the roadmap established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo as an independent state.
Amendment 8 #
2009/0104(CNS)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) All of the Western Balkan countries that have met the benchmarks should be admitted to the visa-free travel regime from the beginning of 2010. Those countries that, despite having made substantial progress, have not fully met the benchmarks should be granted the same privilege as soon as they meet the benchmarks as set out in the corresponding roadmaps for visa liberalisation.
Amendment 11 #
2009/0104(CNS)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) With the aim of furthering the implementation of the Thessaloniki agenda and as part of its regional approach, the Commission should start a visa dialogue with Kosovo and establish a tailor-made roadmap for visa facilitation and liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo as an independent state.
Amendment 13 #
2009/0104(CNS)
Proposal for a regulation – amending act
Recital 4 a (new)
Recital 4 a (new)
Amendment 14 #
2009/0104(CNS)
Proposal for a regulation – amending act
Recital 4 b (new)
Recital 4 b (new)
(4b) The Council, while commending the relevant recent progress achieved by Albania and Bosnia and Herzegovina towards meeting the benchmarks, calls on the relevant Albanian and Bosnia and Herzegovina authorities to adopt, without delay, the necessary reforms to fully meet the benchmarks.
Amendment 15 #
2009/0104(CNS)
Proposal for a regulation – amending act
Recital 4 c (new)
Recital 4 c (new)
(4c) The Council asks the Commission to assist the relevant Albanian and Bosnian and Herzegovina authorities in this respect.
Amendment 15 #
2009/0104(CNS)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) As regards Albania and Bosnia and Herzegovina, the Commission should, without delay and not later than in the spring of 2010, present its report on the achievements made by those two countries in meeting all the benchmarks set in the roadmap.
Amendment 16 #
2009/0104(CNS)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
Amendment 17 #
2009/0104(CNS)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The Council, while commending the relevant recent progress achieved by Albania and Bosnia and Herzegovina towards meeting the benchmarks, calls on the relevant Albanian and Bosnia and Herzegovina authorities to adopt, without delay, the necessary reforms to fully meet the benchmarks.
Amendment 18 #
2009/0104(CNS)
Proposal for a regulation – amending act
Article 1 – point 1 – point -a (new)
Article 1 – point 1 – point -a (new)
Regulation (EC) No 539/2001
Annex I – Part 1
Annex I – Part 1
(-a) in Part 1, double asterisks ** and a corresponding footnote should be added to the references to Albania and Bosnia and Herzegovina, as follows: "Albania **" "Bosnia and Herzegovina **" ------------------- "** The exemption from the visa requirement granted to holders of biometric passports will apply on the basis of a legislative act to be adopted following the presentation of a corresponding proposal by the European Commission."
Amendment 18 #
2009/0104(CNS)
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) The Council asks the Commission to assist the relevant authorities of Albania and Bosnia and Herzegovina in this respect.
Amendment 21 #
2009/0104(CNS)
Proposal for a regulation
Article 1 - paragraph 1 - point a a (new)
Article 1 - paragraph 1 - point a a (new)
Regulation (EC) No 539/2001
Annex I - part 1
Annex I - part 1
(aa) in Part 1, the references to Albania and Bosnia and Herzegovina are replaced by the following: "Albania**, Bosnia and Herzegovina ** ------------------- ** The exemption from the visa requirement granted to holders of biometric passports will apply in accordance with Community law"
Amendment 9 #
2009/0060B(COD)
Proposal for a regulation - amending act
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
Regulation (EC) No 1889/2006
Recital 23 a (new)
Recital 23 a (new)
"(23a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of strategy papers, as those strategy papers supplement Regulation (EC) No 1889/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level."
Amendment 10 #
2009/0060B(COD)
Proposal for a regulation - amending act
Article 2 – paragraph -1 a (new)
Article 2 – paragraph -1 a (new)
Regulation (EC) No 1889/2006
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 11 #
2009/0060B(COD)
Proposal for a regulation - amending act
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Regulation (EC) No 1889/2006
Article 17 a (new)
Article 17 a (new)
Amendment 12 #
2009/0060B(COD)
Proposal for a regulation - amending act
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Regulation (EC) No 1889/2006
Article 17 b (new)
Article 17 b (new)
Amendment 13 #
2009/0060B(COD)
Proposal for a regulation
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
Regulation (EC) No 1889/2006
Article 17 c (new)
Article 17 c (new)
Amendment 51 #
2008/2184(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on those Member States, which have adopted the relevant legislation 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 if the Member State concerned has adopted legislation on same sex-partnerships, and irrespective of nationality, 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 71 #
2008/2184(INI)
Motion for a resolution
Article 4
Article 4
4. Invites the Commission to assess carefully that the laws and practices of Member States do not infringe the rights conferred on Union citizens by the EC Treaty and the Directive, particularly in relation to the notions of "sufficient resources", "unreasonable burden on the social assistance system of the host Member State", do not impose an unreasonable burden on Union citizens and their families indirectly restricting their right to free movement, "(serious/imperative) grounds of public policy and public security", that material and procedural safeguards, protection and judicial redress against expulsions are properly in place and functioning; recalls that any limitation on the fundamental right to free movement shall be interpreted strictly;
Amendment 84 #
2008/2184(INI)
Motion for a resolution
Article 8
Article 8
8. Calls for the revisionpeal of the transitional arrangements which currently still provide for restrictions on the free movement of labour, of nationals of the Member States that joined the EU on 1 May 2004 and on 1 January 2007, which represent a substantial discrimination between Union citizen1s1; the preference clause should be enforced for all Union citizens and the creation of the single market completed; _____________________ 1 For the latest update on transitional arrangements see Commission Memo/08/718 of 18 November 2008, online at http://www.lex.unict.it/eurolabor/document azione/comunicati/2008/rapid181108.pdf
Amendment 12 #
2008/2173(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Member States to improve the filter systems available to families in respect of on-line video games, focusing in particular on the risks associated with use ofn the Internet of violent games and the "Second Life" type games which may have serious effects on minors;
Amendment 16 #
2008/2173(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to draw up a pan-European code of conduct on the sale of video games to minors, especially children between the ages of 5 and 12, in order also to oblige retailers to assume their responsibilities;
Amendment 21 #
2008/2173(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Member States to conduct information campaigns for parents and schoolteachers aimed at bridging the technological generation gap, to provide clear and differentiated information about the normal and the abusive uses of the video games;
Amendment 3 #
2007/2274(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the European Union Agency for Fundamental Rights (the Agency) was established on 1 March 2007 in Vienna and represents a first step in responding to Parliament's call for the establishment of an integrated framework of rules and institutions designed to confer binding force on the Charter of Fundamental Rights of the European Union and to ensure compliance with the system provided for under the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as to work out a comprehensive EU policy on the rights of minorities; it is important to underline that the mandate of the Agency also covers those countries which have concluded stabilisation and association agreements with the EU;
Amendment 6 #
2007/2274(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Council to expand, in its future Human Rights reports, the overview of the human rights protection system within the EU on the basis of the European Union Agency for Fundamental Rights' annual report, enabling the citizens of the Union to observe developments in this field, which would evidence the Union's equal involvement in the protection of human rights both inside and outside its borders;
Amendment 19 #
2007/2274(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to improve their asylum policies by creating rules which would allowso that they include women at risk of genital mutilation in their countries of origin to seek shelter on territory of the European Union; calls on the Commission and the Council to assist Member States in achieving common European principles in this respectand to eliminate all related violence;
Amendment 22 #
2007/2274(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 27 #
2007/2274(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Council and the Commission to include efforts against trafficking in children and women, as well as forced child labour in their humanitarian and trade policy;
Amendment 7 #
2007/2267(INI)
Motion for a resolution
Recital A
Recital A
A. whereas membership of the European Union involves a commitment to overcoming nationalexisticng divisions and achieving reconciliation between peoples, all of which entails a voluntary delegation of powers in certain key policy areas,
Amendment 16 #
2007/2267(INI)
Motion for a resolution
Recital D
Recital D
D. whereas increased efforts and renewemprovements can be seen and progress was satisfactory in a number of areas, but further efforts and political commitment are required in order to address some of the more problematic sectors where serious reforms are necessary before Croatia can join the European Union,
Amendment 45 #
2007/2267(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the strengthening of the mandate of the Office for the Prevention of Corruption and Organised Crime (USKOK) and the increased number of corruption cases which are being prosecuted; calls for these efforts to be maintained in order to eradicate the – in some cases unacceptably high – level of corruption, which undermines the economic development of the country;
Amendment 83 #
2007/2267(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets the fact that the Croatian government has decided to introduce unilaterally the Ecological and Fishing Protection Zone (ZERP) in the Adriatic, thus reneging on the agreement reached in 2004 with the Italian and Slovenian authorities; reminds Croatia that, unless a commonly agreed solution is found, this could have serious repercussions on the pace of the accession negotiationsshould be found;
Amendment 17 #
2007/2145(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the setting-up of the Agency, which represents a first step towards meeting Parliament’s calls for the establishment of an integrated regulatory and institutional framework designed to put the Charter into effect and guarantee consistency with the system established by the European Convention for the Protection of Human Rights and Fundamental Freedoms; points out, however, that the annual reports on human rights drawn up by the European Network of Independent Experts in Fundamental Rights, published until 2005, scrutiniszed the application of all the rights recogniszed by the Charter in each Member State, and is concerned, therefore, at the fact that the Agency’s limited remit and the dissolution of the Network may exclude from systematic scrutiny a series of important areas of human rights policy in Europe, in particular anti-terrorist policies, mistreatment and the use of force by the police, the right to a fair hearing, violence against women and trafficking in human beings;
Amendment 40 #
2007/2145(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly urges the EU institutions and the Member States to implement the recommendations contained in its resolution of 14 February 2007 on the alleged use of European countries by the CIA (Central Intelligence Agency) for the transportation and illegal detention of prisoners1, the aim of which is to shed light on the role played by the Member States in the illegal practice of extraordinary rendition;
Amendment 73 #
2007/2145(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Stresses the need for a global, human rights based approach to non- discrimination reflecting the European dimension of discrimination against the Roma; takes the view that a European Union framework strategy for Roma inclusion should seek to tackle the followingactual problems: - segregation of the Roma as regards access to housing, and their exclusion from employment and public education, - frequent denial of their rights by public authorities and their political under- representation, - the very inadequate guarantees against racial discrimination at local level and too few appropriate integration programmes; blatant discrimination in health care, including forced sterilisation and a lack of appropriate information on family planning and access to contraception, - discrimination by the police, in particular (deliberate) shootings, arson, assault or other violent acts, which are not impartially investigated and prosecutions are not brought; the police’s racial profiling – inter alia by taking fingerprints or other forms of data collection – and wide discretionary powers, which give rise to abuses with no disciplinary consequences; training and awareness-raising programmes on non- discrimination by the police, which are largely non-existent;
Amendment 104 #
2007/2145(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Takes the view that discriminatory comments against homosexuals by political or religious leaders fuel hatred and violence, and calls on the respective governing bodies to condemn them;
Amendment 120 #
2007/2145(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Presses the Council and Commission, and the various levels of local, regional and national government in the Member States, to coordinate their measures to combat anti-Semitism and attacks against minority groups, including the Roma, traditional national minorities and third-country nationals in Member States, so as to enforce the principles of tolerance and non- discrimination and to foster social, economic and political integration;
Amendment 122 #
2007/2145(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Presses the Member States to resolutely prosecute any expression of hatred in racist media programmes and articles propagating intolerant views, in the form of hate crimes against Roma, immigrants, foreign nationals, traditional national minorities and other minority groups, or by bands and at neo-Nazi concerts, which can often take place in public without any repercussions;
Amendment 126 #
2007/2145(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
Amendment 131 #
2007/2145(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
Amendment 121 #
2007/0229(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by …..[three years after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions.