10 Amendments of Kinga GÁL related to 2013/0407(COD)
Amendment 45 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 183 #
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 #
Proposal for a directive
Article 11
Article 11