25 Amendments of Ana GOMES related to 2009/2161(INI)
Amendment 8 #
Motion for a resolution
Citation 6
Citation 6
– having regard to all the related conventions and recommendations of the Council of Europe and the United Nations, in the area ofcluding specialised monitoring bodies, in the fundamental rights area,
Amendment 10 #
Motion for a resolution
Citation 9
Citation 9
– having regard to the Stockholm Programme - An open and secure Europe serving and protecting citizens,
Amendment 15 #
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on values such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas the effective safeguarding of rights has to be an overall objective of all European policies and an essential condition of the consolidation of the European AFSJ, irrespective of EU citizenship,
Amendment 25 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to its resolutions, as well as its oral questions with debates, in 2009 and 2010 on specific fundamental rights such as privacy, personal dignity and data protection, freedom of thought, conscience and religion, freedom of expression and information, press freedom, non-discriminaCalls on all EU institutions to build on the new institutional and legal framework created by the Lisbon Treaty to devise an ambitionus and the use of minority languages, on Roma issues, on discrimination against same-sex marriages, and on the illegal detention of prisoners; stresses that all these resolutions reflect the spirit of the Charter, show its clear commitment to the everyday protection of fundamental rights, and send political messages to European citizens, Member States and the EU institutioncomprehensive EU human rights policy that is not based on a restricted interpretation of the division of competences between the EU and Member States;
Amendment 39 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the EU human rights policy should ensure that accountability mechanisms are available at EU level to address human rights violations that persist across Member States so that the existing protection gaps are addressed; notes that within this grey zone serious human rights violations are detected, such as the lack of Member States accountability for torture;
Amendment 40 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to extend the scope of its Communication on the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union1 and to elaborate further on the EU’s vision and instruments to promote, protect and fulfil human rights and to promote the effective application of the Charter; this should include a follow-up to its 2003 Communication on Article 7 of the Treaty on European Union2 and the speech of former Vice-President Barrot before the European Parliament in response to the EP’s last report on fundamental rights in the EU, which called for a future Communication to define a transparent and coherent way to approach situations that go beyond strict EU competence, including the use of diplomatic means and of Article 7 TEU; 1 COM(2010)0573. 2 COM(2003)0606.
Amendment 41 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 43 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers it necessary to reflect on developments in relation to the protection of fundamental rights in the post-Lisbon period and, in that context, intends this resolution to clarify the role that each institution and mechanism should play in the new European architecture of fundamental rights, including the role of Parliament to follow-up on its resolutions related to human rights issues in the EU;
Amendment 50 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirms that the Charter represents the most modern codification of fundamental rights, offering a good balance between rights and solidarity and encompassing civil, political, economic and soci, social and cultural rights as well as ‘third generation’ rights (i.e. the rights to good administration, a healthy environment and consumer protection); considers that the EU should develop a regulatory framework to protect against human rights abuses by businesses on the basis of the Ruggie Framework for Business and Human Rights, which strengthens States' instruments to protect human rights, enables to hold accountable businesses that fail to respect human rights and provides remedies for human rights abuses at national and EU level;
Amendment 55 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the incorporation of the Charter into primary EU law, while not extending the Union's competences, creates new responsibilities for the decision- making and implementing institutions, as well as for Member States when implementing EU legislation domestically, and that the Charter's provisions have thus become directly enforceable by European and national courts; calls on the EU institutions and Member States to increase coherence among their various bodies responsible for monitoring and implementation, with a view to effective application of the established comprehensive framework; and to reinforce a cross-EU monitoring mechanism, as well as an early warning system through the Fundamental Rights Agency, the civil society and UN mechanisms, such as the Universal Periodic Review;
Amendment 61 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that promotion of respect for the core values of the EU constitutes common ground in the Union's relations with third countries, and stresses that the Charter is applicable in this regard; underlines the fact that, within the new institutional structure of the EU, the European External Action Service (EEAS) can only offers an opportunity to enhance coherence and effectiveness in the sphere of external policy, and therefore calls for's efforts to promote human rights and democracy if a human- rights-based approach to the service's structure, resources and activity; ies is endorsed; calls on the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the European Commission to establish a Special Representative for Human Rights;
Amendment 68 #
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 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; stresses the need to avoid contradictory case-law between the ECtHR and the CJ.
Amendment 69 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on all the Member States of the EU and of the Council of Europe to express their clear political commitment to, and their will to support, the accession process and agreement; calls on the Commission to finalise its internal consultations, as well as the negotiations with the Council of Europe, by finding adequate solutions to the main technical questions in order to complete the accession process, for the benefit of citizens, within a reasonable time limitensure the highest possible level of protection of human rights in Europe, including a broad remit for the ECtHR’s scrutiny over EU action, access to justice and relevant procedural guarantees for applicants without discrimination;
Amendment 71 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on all the Member States of the EU to ensure transparency of the process of EU’s accession to the ECHR, as regards the human rights implications of this procedure, stressing that there should be a proper consultation with relevant stakeholders, including academics, NGOs and experts as well as proper democratic scrutiny of the procedure;
Amendment 88 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for full and consistent implementation of the Stockholm Programme in compliance with international and European human rights law, which converts the obligations and principles deriving from the Treaty into practice by setting the strategic guidelines for the AFSJ; recalls that the AFSJ covers all persons living under EU jurisdiction, independently of citizenship;
Amendment 93 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the European institutions have often acted in parallel in the field of protection of fundamental rights and therefore calls for reflection on actions taken and for enhanced cooperation and accountability mechanisms among these institutions;
Amendment 94 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the creation of a new ‘Justice, Fundamental Rights and Citizenship’ portfolio within the Commission as an indication of its commitment to step up its efforts in the area of fundamental rights and freedoms and as a positive response to Parliament's repeated requests in this regard; such a division between justice and security should not reinforce the misconceived dichotomy between the need to protect the human rights of all people and the need to guarantee their security; the new Commissioner should pay particular attention to EU policies to fight irregular migration and terrorism and full support from the college of commissioners is crucial to enable the new Commissioner to stand out;
Amendment 100 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expects concrete actions by the new Commissioner responsible, in line with already declared intentions: to introduce a fundamental-rights impact assessment of all new legislative proposals; to oversee the legislative process to ensure that emerging final texts comply with the Charter; and to apply a ‘zero tolerance’ policy on violations of the Charter, initiating infringement proceedings when there are good grounds for doing so; specifically welcomes the commitment to apply infringement procedures for non- compliance with the Charter but regrets that this was not explicitly envisaged in the recent case of expulsions of Roma by France in summer 2010; calls upon the Commissioner as well as all EU institutions to make dissuasive use of Article 7 TEU;
Amendment 107 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reminds the Commission to undertake objective investigations and start infringement proceeding if there are good grounds for doing so, thus avoiding double standards, whenever a Member State, in implementing EU legislation, violates the rights enshrined in the Charter; further reminds the Commission to request that Member States provide reliable data and facts and to cross-check the information with non-governmental sources, as well as to request the FRA and other human rights bodies for inputs;
Amendment 118 #
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 dissemination of good practice to the Member States; furthermore, the reports should identify the existing protection gaps at national and EU level as well as key trends and structural problems, with a view to proposing concrete initiatives and measures at EU level for prevention and redress of human rights violations;
Amendment 135 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Council to ensure that the Council Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP) has a broad mandate that could include, for example, discussing and responding officially to reports of the FRA (in addition to recommendations of UN treaty bodies, special procedures and mechanisms), assessing the external human rights impact of EU instruments and policies, in coordination with the Council Human Rights Working Group (COHOM), ensuring coordination with agencies without a human rights mandate but human rights impacts (e.g. EIB or FRONTEX), examining EU and Member States signature, ratification and compliance with international human rights instruments and providing a forum for Council exchanges on internal human rights matters;
Amendment 139 #
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 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 and holding them accountable for their action or inaction when assessing developments in the field (e.g. through annual reports), combining as it does political messages with a facts- based approach;
Amendment 151 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that the FRA constitutes ae role of the FRA to guarantee of the ongoing protection of fundamental rights within the Union and that it; the FRA 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; calls on the FRA to provide analysis and recommendations on the human rights implications of the developments of the Lisbon Treaty;
Amendment 191 #
Motion for a resolution
Paragraph 35 – introductory part
Paragraph 35 – introductory part
35. Recalls, therefore, all its resolutions and debates as well as findings from missions and country visits on fundamental-rights issues in 2009 and 2010, which have shown that there are many outstanding issues and specific cases of violation of fundamental rights, which require urgent steps, mid- term strategies and long-term solutions; such as:
Amendment 208 #
Motion for a resolution
Paragraph 35 – indent 3 a (new)
Paragraph 35 – indent 3 a (new)
– protecting the rights of refugees and migrants, ensuring that EU management of migration flows and negotiations on readmission agreements with third countries do not put such individuals at risk of human rights violations,