111 Amendments of Tatjana ŽDANOKA related to 2011/2069(INI)
Amendment 8 #
Draft opinion
Section 1 – paragraph 2 a (new)
Section 1 – paragraph 2 a (new)
2 a. Recalls that the original mandate for the Charter was to codify the fundamental rights enjoyed by EU citizens and considers that it is understandable if citizens do not understand the limited applicability of the Charter also in the light of the solemn declarations of the heads of state and that the Charter represents rights EU citizens enjoy; calls on all Member States to reconsider the need for Article 51 of the Charter and encourages them unilaterally to declare that they will not limit the rights of individuals on the basis of that article within their jurisdiction;
Amendment 15 #
Draft opinion
Section 1 – paragraph 4 a (new)
Section 1 – paragraph 4 a (new)
4 a. Underlines the close link between the rights inherent to EU citizenship and those enshrined in the Charter of Fundamental Rights applicable to all persons on EU territory; calls on the EU institutions and Member States to align the rights of third-country nationals permanently residing in EU with the rights of EU citizens;
Amendment 16 #
Motion for a resolution
Citation 9
Citation 9
– having regard to the body of United Nations conventions on human rights to which all Member States are party, and to the conventions and recommendations of the Council of Europe, as well as the decisions, guidance and judgments of specialised monitoring and judicial bodies,
Amendment 19 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to studies requested by the Committee on Civil Liberties, Justice and Home Affairs,
Amendment 27 #
Draft opinion
Section 1 – paragraph 6 a (new)
Section 1 – paragraph 6 a (new)
6 a. Is concerned about the situation of stateless persons permanently resident in Member States and calls, in this regard, on the Member States to systematically bring about just solutions based on the recommendations of international organisations; believes that such persons should have the right to take part in local elections;
Amendment 33 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas accession by the EU to the ECHR, as required by the TEU, will allow the acts of the EU to be subject to review by the ECtHR, creating greater accountability for the EU and improving access to justice for individuals;
Amendment 36 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the effective safeguard and promotion of rights must constitute an overall objective of all EU policies, including their external dimension and whereas observing the duty to protect, promote and fulfil does not require new competences for the EU but rather proactive institutional engagement with human rights;
Amendment 38 #
Draft opinion
Section 1 – paragraph 10 a (new)
Section 1 – paragraph 10 a (new)
10 a. Recalls that Article 37 of the Charter obliges the Union to ensure a high level of environmental protection and the improvement of the quality of the environment; takes the view that the serious health consequences for present and future generations of deliberate and reckless pollution of the environment, for instance, through illegal dumping of toxic waste, are sufficiently grave to merit being considered violations of fundamental and human rights;
Amendment 39 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the EU's hitherto fragmentary approach to human rights has led to calls for a coherent EU human rights policy; whereas no mechanism bringing together the various fundamental rights actors within the EU structure currently exists;
Amendment 41 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas citizens can enjoy their rights fully only if the fundamental values and principles, such as the rule of law, the independence of judiciary, freedom of the media and the lack of discrimination are respected;
Amendment 42 #
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas the gap between fundamental rights and their implementation undermines the credibility of the EU as well of its Member States and the effective respect and promotion of human rights, within its territory and throughout the world;
Amendment 44 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas together with Article 2 TEU, Article 7 TEU grants the EU institutions the power to assess human rights in the Member States, to politically engage with the countries concerned to prevent and redress violations;
Amendment 49 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the effective protection and the promotion of fundamental rights calls for Member States to accept in a spirit of solidarity and of sincere cooperation with the other Member states the EU scrutiny of the respect of EU values in the legislation policies and practices;
Amendment 54 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the current economic crisis challenges the principle of solidarity, which is an essential component of the EU history and identity, as well as the underlying bond bringing together the EU citizens as member of the same political community 1; __________________ 1 see notably the Charter articles on social rights as well the relevant specific Treaties articles on solidarity: art. 80 and 122 TFEU.
Amendment 59 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. While welcoming steps by the Commission to ensure that legislative proposals comply with the Charter, notes that there remains considerable room for improvement, as proposals continue to emerge that fail to consider at all, or fail to consider adequately, the impact of proposed measures on fundamental rights; urges the Commission to take tangible steps towards improving the verification of its proposals with the Charter, including ensuring adequate expertise within the Commission's legal service, responsible for checking compliance of proposals with the Charter;
Amendment 62 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Commission to ensure that the impact on fundamental rights of EU legislation and its implementation by the Member States form systematically part of the Commission's evaluation reports on the implementation of EU legislation, as well as its annual report on monitoring the application of EU law; recommends that the Commission revise the existing Impact Assessment Guidelines to give greater prominence to human rights considerations, widening the standards to include UN and Council of Europe human rights instruments;
Amendment 67 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission – and Council, where it initiates legislation – to make systematic use of external independent expertise notably of the Fundamental Rights Agency during the preparation of impact assessments;
Amendment 71 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Deplores the insufficient cooperation between the Commission and Council with international organisations dealing with fundamental rights, NGOs and civil society in pre-legislative and legislative processes and calls on the EU institutions to work closely with all relevant stakeholders;
Amendment 72 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to ensure that its annual report on the implementation of the Charter adopts a more balanced and self-critical analysis, to include not only positive developments, but also analysis of where it could strengthen its approach in the future;
Amendment 75 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recommends that the European Parliament, the Commission and the Council jointly and formally recognise the existence of positive obligations to protect and promote human rights as part of EU law;
Amendment 76 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Council to include in its annual reports on human rights in the world an analysis of the situation in the Member States by taking also in account the measures to be taken to implement the ECtHR judgments and adapt the internal legislation and practice accordingly;
Amendment 79 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission and the Council to ensure that a sufficient level of funding is maintained in funding programmes dedicated to fundamental rights during the coming Multiannual Financial Framework for NGOs working at the EU level to effectively represent the views of groups in society whose voices would not otherwise be heard at the EU level, such as the elderly, those living in extreme poverty, ethnic and racial minorities, children, LGBT persons, or persons with disabilities;
Amendment 92 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Proposes to ensure continuous channels of information sharing on fundamental rights in the EU between the relevant bodies and within the EU institutions, and EU agencies, and to hold a yearly interinstitutional forum to discuss for assessing the situation on EU fundamental rights; considers that such a forum should be a preparatory step of the EP annual debate on fundamental rights and on the development of the European Area of Freedom, Security and Justice; believes that such an interinstitutional forum should convene representatives of the Commission, the Council Working Group on Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP), of the EP´s Committee of Civil Liberties, Justice and Home Affairs (LIBE), the Committee on Petitions (PETI), the Committee on Employment and Social Affairs (EMPL), the Committee on Regional Development (REGI), the Committee on Women's Rights and Gender Equality (FEMM), the Subcommittee on Human Rights (DROI), as well as representatives of the European Ombudsman, the Fundamental Rights Agency (FRA), EUROFOUND, and the European Data Protection Supervisor (EDPS);
Amendment 96 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges national parliaments to enhance their role in human rights scrutiny of EU activities and national implementation of EU law and invites them to hold periodic meetings focused on the strategies to be developed to implement the Charter and the jurisprudence of the EU Courts;
Amendment 108 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that participation in international treaties for the protection and promotion of human rights can only serve to strengthen the protection of fundamental rights within the EU and welcomes the fact that the EU has joined the Convention on the Rights of Persons with Disabilities and will join the ECHR; calls on the Council and Commission to take steps towards becoming party to other international human rights treaties;
Amendment 116 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that, in order to maintain the credibility of the accession conditions, Member States should also be continuously assessed for their continued compliance with the EU's fundamental values and the fulfilment of their commitments concerning the functioning of democratic institutions and the rule of law;
Amendment 125 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines its commitment to use its powers to act as a human rights litigant, in particular to ensure that EU acts respect, protect, promote and fulfil human rights;
Amendment 129 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls for the revision of the procedural rules of the CJEU and General Court to facilitate third-party interventions, by human rights NGOs in particular;
Amendment 131 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls for the setting-up of appropriate National Human Rights Institutions in all Member States and for measures facilitating the networking of these bodies across the EU with the support of the FRA; invites the EU institutions and the Member States to develop the capacity of Equality Bodies and Data Protection Bodies, of NHRIs and of FRA as human rights litigants;
Amendment 135 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the parliamentary evaluation of FSJA-related policies in compliance with Article 70 of the TFEU through the creation of a permanent link between the EP's LIBE Committee, the Council Working Group on Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP) and national parliamentary committees dealing with fundamental rights in order to assess the relevant legislation at EU and national level;
Amendment 140 #
Motion for a resolution
Paragraph 13 – indent 2
Paragraph 13 – indent 2
– that police and judicial cooperation in criminal matters, which has become standard EU policy, as well as social and economic rights, which are essential elements of the Charter, are still exnot explicitly included frominto the mandate of the FRA; asks the Council to include the above matters in the next multi-annual framework of the FRA;
Amendment 142 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points to shortcomings in the current multi-annual framework of the FRA, notably the limited number of comparative evaluation between Member States;
Amendment 144 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and Council to revise, together with the European Parliament, the founding regulation of the FRA in order to widen the scope of its mandate, including a monitoring role;
Amendment 151 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned about the so-called "opt- outs" of some Member States, which will risk affecting the rights of their citizens who will suffer more from discrimination than other EU citizens and recalls that, in accordance with case-law of the ECJ, the "opt-outs" do not intend to exempt the Member States from the obligation to comply with the provisions of the Charter or to prevent a court of one of those Member States from ensuring compliance with those provisions;
Amendment 154 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that, beyond informing individuals of their Charter rights, the Commission must ensure they are aware of how to exercise their right of access to justice and enforce their rights in relevant fora; considers that informal networks, such as those successfully developed for the internal market (SOLVIT), should be established at national and regional level to assist and advise people whose rights risk being violated (such as migrants, asylum seekers, vulnerable people); considers that these support structures for right restoration and economic and social integration should be a priority for regional funds;
Amendment 157 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on Member States to collect disaggregated data for all grounds of discrimination, as well as to develop fundamental rights indicators in cooperation with the FRA, in order to ensure properly informed and targeted legislation and policies, particularly in the field of non-discrimination and in the context of national Roma integration strategies;
Amendment 161 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Deplores the fact that not all Member States have properly transposed the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law 1; calls on Member States to prosecute xenophobia, racism, and hate speech; recalls that on December 1st 2014 this framework decision will become fully enforceable as well as all the FD into force at that time; __________________ 1 OJ 2008 L 328 of 12.5.2008, p. 55.
Amendment 165 #
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on the Member States to ensure that offences motivated by racist, xenophobic, homophobic or transphobic intent are punishable within the criminal law system, and that these crimes are investigated effectively, prosecuted and punished, that victims are offered proper assistance, protection and compensation, and that such offences are properly registered;
Amendment 173 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the principles of human dignity and equality before the law are foundations of democratic society; deems incomprehensible the current blockage of Council negotiations on the Commission's proposal for a horizontal directive extending comprehensive protection against discrimination on all grounds, including religion or belief, disability, age or sexual orientation, and urges efforts to ensure adoption as soon as possible; regrets the lack of proper implementation of the existing equality directives by some Member States and calls on the Commission to examine it as a matter of priority, starting infringement proceedings immediately, if necessary;
Amendment 195 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the situation of stateless persons permanently resident in Member States needs to be addressed and calls on all the Member States concerned to ratify the relevant United Nations conventions and to systematically bring about just solutions, based on the recommendations of international organisations; believes that stateless persons permanently resident in the Member States should have the right to vote in local elections;
Amendment 197 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines the importance of the respect for the rights of persons belonging to minorities; encourages the Member States that have not yet done so to ratify the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages without further delay and, where relevant, to withdraw reservations and restrictive declarations, as well as to implement the treaties in good faith; recalls also the need to implement the principles developed in the framework of the OSCE;
Amendment 201 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Regrets that citizens of Roma origin are subjected to collective expulsion procedures by Member States and deplores the weak reaction of the Commission in certain cases;
Amendment 211 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges Member States to adopt the necessary legislative changes with regard to sterilization and to financially compensate the victims of coercive sterilizations performed on Roma women and women with mental disabilities, in line with the case-law of the ECtHR;
Amendment 216 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Member States to address the high levels of unemployment among the minorities, especially Roma, by removing barriers to accessing employment;
Amendment 219 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Member States to eliminate spatial segregation, forced evictions and homelessness faced by the Roma setting up effective and transparent housing policies;
Amendment 223 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Member States to reform their national educational systems in order to address the needs of minorities, including Roma children, and to dismantle segregated educational arrangements without prejudice to education in minority languages existing in many Member States;
Amendment 235 #
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Reiterates its call for a targeted approach to the social inclusion of Roma women in order to avoid multiple discrimination and ethnic segregation;
Amendment 250 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the EU institutions to explore the implementation of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the EU legal framework;
Amendment 253 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Member States to ensure through efficient measures the protection for pregnant workers and women on maternal leave;
Amendment 255 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Urges Member States to address the issue of violence against women, domestic violence and sexual exploitation in all its forms and to combat trafficking in human beings;
Amendment 257 #
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Calls on the Member States to ensure that national action plans address multiple discrimination and protect women belonging to ethnic minorities and immigrant women;
Amendment 277 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to come up with a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 280 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Deplores that transgender people are still considered mentally ill in a number of Member States; calls on Member States to introduce or review legal gender recognition procedures on the model of Argentina and review conditions (including forced sterilisation) set for legal gender recognition; calls on the Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);
Amendment 282 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Welcomes the new set of asylum rules introduced in the Qualification Directive which include gender identity as a ground of persecution; maintains that the asylum package must remain coherent and include sexual orientation and gender identity in the Asylum Procedure Directive;
Amendment 285 #
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;
Amendment 287 #
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Calls on the Commission to use the results of this survey to prepare an EU Roadmap for equality on grounds of sexual orientation and gender identity, with a view to adoption by 2014;
Amendment 288 #
Motion for a resolution
Paragraph 26 h (new)
Paragraph 26 h (new)
26h. Calls on Member States to ensure the effective protection of participants in LGBT public events, including pride marches, and to ensure these events can take place lawfully;
Amendment 298 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Regrets that young people in some Member States are still being prosecuted and sentenced to imprisonment because the right to conscientious objection to military service is still not adequately recognised and calls on the Member States to stop the persecution of and discrimination against conscientious objectors;
Amendment 306 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on all the Member States to ratify the UN Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol and to ensure that all national action plans are in line with the European Disability Strategy 2010-2020 and aim at improving accessibility, employment, inclusive education and training, as well as independent living for the disabled;
Amendment 312 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Calls on the EU and on the Member States to improve access to employment and training of persons with disabilities, including persons with intellectual disabilities, using existing EU funds;
Amendment 314 #
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30c. Calls on the Member States to fund organisations active in supporting the independent living of disabled people and de-institutionalisation programmes;
Amendment 316 #
Motion for a resolution
Paragraph 30 d (new)
Paragraph 30 d (new)
30d. Calls on the Commission and Member States to ensure that EU funds are not directed towards renovating existing or building new institutions for persons with disabilities but are used instead to facilitate community living, in accordance with Articles 5 and 19 of the CRPD and Articles 21 and 26 of the Charter;
Amendment 317 #
Motion for a resolution
Paragraph 30 e (new)
Paragraph 30 e (new)
30e. Stresses the need to increase the political participation of persons with disabilities in elections by accommodating their special needs;
Amendment 323 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses that the reform of the EU’s data protection regime should increase transparency and awareness of data protection rights and make remedies and sanctions more effective; stresses that lowering existing standards and reducing national competences, including those of curges the Council to commit to a comprehensive data protection framework with a uniform and high level of harmonisation building on Directive 95/46/EC; stresses that it is of crucial importance that comprehensive data protection stitutional courts, is out ofandards envisaged in the area of law enforcement also cover the qudomestionc processing of data;
Amendment 328 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Stresses the need to consider repealing the Data Retention Directive or at least explore alternatives to data retention, such as expedited data preservation and targeted collection of traffic data, particularly in light of the human rights violations intrinsic to a blanket data retention system, such as data losses and misuse, mistakes in data retrieval and breaches of the confidentiality of communications with health professionals, lawyers and journalists;
Amendment 330 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Expresses its concern regarding the shortcomings of the Data Retention Directive highlighted by the Commission’s report, the EDPS, several national parliaments and the constitutional courts of several Member States that have declared it unconstitutional;
Amendment 332 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Points out with concern that the first inspection performed by the Europol Joint Supervisory Body (JSB) raises serious concerns about compliance of the TFTP Agreement of the EU with the US with data protection principles; considers that the conclusions drawn by the JSB underline the flawed nature of the agreement itself, particularly as regards the role of Europol in verifying the necessity and proportionality of US requests for SWIFT data; stresses that, instead of copying the US approach by devising a European terrorist finance tracking system, the problems with the TFTP agreement should lead to proper reflections on the necessity and proportionality of such system;
Amendment 335 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32c. Regrets that several of its key demands were not met by the EU-US PNR Agreement (in particular a purpose limitation to serious transnational crime, limited storage periods, an exclusion of data-mining and profiling, as well as proper access and redress rights); stresses that the Commission has only presented anecdotal evidence for the usefulness of PNR data in the fight against terrorism and serious transnational crime and has avoided a serious debate about necessity and proportionality, particularly in view of the case-law of the European Court of Human Rights and German Constitutional Court on the prohibition of profiling and the blanket retention of data of innocent people; underlines that the Commission has not properly explored less intrusive alternatives to the analysis of PNR data such as that provided by using Advanced Passenger Information or by restricting the use of PNR data to cases where a lead or initial suspicion has already been established;
Amendment 354 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Welcomes the improvements in the revised Qualification Directive 1 , notably a greater acknowledgment of gender- specific forms of persecution, the inclusion of gender identity as a ground of persecution for which protection should be granted, and the commitment to take the best interest of the child into account; __________________ 1 OJ L 337, 20.12.2011, p.9.
Amendment 355 #
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Urges Member States to implement the Qualification Directive in a manner which ensures full consistency with international human rights law and calls on the Member States that wish to do so to go beyond the minimum level of benefits and rights ensured by the text;
Amendment 356 #
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35c. Stresses that the broadened scope of the Directive on Long-term Residents 1 to refugees and beneficiaries of subsidiary protection, will contribute to their effective integration that carries benefits for the EU and the Member States; __________________ 1 OJ L 132, 19.5.2011, p. 1
Amendment 357 #
Motion for a resolution
Paragraph 35 d (new)
Paragraph 35 d (new)
35d. Welcomes the revised Commission proposal recasting the Reception Conditions Directive 1 and stresses that basic reception conditions should be offered from the moment asylum seekers arrive and that they should be encouraged to contribute to the host community, irrespective of the length of their stay; __________________ 1 COM(2011) 320 final.
Amendment 358 #
Motion for a resolution
Paragraph 35 e (new)
Paragraph 35 e (new)
35e. Stresses that gaps and ambiguities in the amended proposal of a Directive on common procedures for granting and withdrawing international protection status 1 must be addressed in a manner which can enable Member States to avoid the risk of increased costs and potential misuse, while ensuring access to fair and high quality asylum decisions for those in need of protection; __________________ 1 COM (2011) 319 final.
Amendment 359 #
Motion for a resolution
Paragraph 35 f (new)
Paragraph 35 f (new)
35f. Recommends the setting up of asylum expert teams assisting states with insufficient asylum infrastructures; takes the view that the existence of minimum standards and of quality assessment mechanisms can raise the quality of asylum decision-making;
Amendment 360 #
Motion for a resolution
Paragraph 35 g (new)
Paragraph 35 g (new)
35g. Emphasises that asylum-seekers do not enjoy equivalent levels of procedural and substantive protection in all Member States due to inadequate transposition of EC law or to differing approaches to implementation;
Amendment 361 #
Motion for a resolution
Paragraph 35 h (new)
Paragraph 35 h (new)
35h. Expresses concern at the current Dublin system’s impact on the legal rights of asylum-seekers, including their right to have their claim to asylum examined fairly and, where recognized, to effective protection, as well as at the uneven distribution of asylum claims among Member States;
Amendment 362 #
Motion for a resolution
Paragraph 35 i (new)
Paragraph 35 i (new)
35i. Stresses the need for completing negotiations on an effective mechanism for suspending transfers under the Dublin II Regulation to Member States where there is a risk of a violation of their fundamental rights, in line with recent ECtHR 1 and CJEU case-law 2; __________________ 1 In the case of M.S.S. v. Belgium and Greece the ECtHR condemned Greece and Belgium for violation of Articles 3 and 13 of the ECHR. 2 Joint Cases: NS/Secretary of State for the Home Department (England and Wales - C-411/10) and M. E. e. a./Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform (Ireland - C-493/10), judgement of 21 December.
Amendment 366 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Stresses the need to monitor the practical implementation of EASO’s mandate and that the fundamental rights related aspects of Europol’s work should addressed in the renegotiation of its mandate in 2013;
Amendment 367 #
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls for the effective implementation of the provisions on fundamental rights of the Schengen Borders Code and of the Community Code on Visas in the context of future Schengen evaluations;
Amendment 368 #
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36c. Stresses that the principles of necessity and proportionality of the data collected and stored should apply to the new technologies for storing personal data and for border surveillance;
Amendment 377 #
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Is concerned about the lack of harmonised procedural guarantees when contesting the lawfulness and proportionality of issuance of an alert in the Schengen Information System or comparable national databases;
Amendment 381 #
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Urges Member States to cease all military recruitment, training and registration of persons aged under eighteen; in this context, urges the Commission and Council to undertake a security and defence sector reform;
Amendment 384 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Calls on the EU institutions and on all Member States to elaborate child- friendly policies in areas such as employment, environment, security or migration; stresses the importance of investing in children-oriented actions by re-orientating existing budgetary lines and by new investments;
Amendment 391 #
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Calls on the Member States to ensure the adequate implementation of the Directive on combating the sexual abuse of children and child pornography 1 and of the Directive on preventing and combating trafficking in human beings 2; __________________ 1 OJ L335, 17.12.2011, p.1. 2 OJ L 101, 15.4.2011, p.1.
Amendment 393 #
Motion for a resolution
Paragraph 40 c (new)
Paragraph 40 c (new)
40c. Calls on all EU Member States who have not yet done so to ratify the Optional Protocol to the UN CRC on the sale of children, child prostitution and child pornography and the 2007 Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse;
Amendment 394 #
Motion for a resolution
Paragraph 40 d (new)
Paragraph 40 d (new)
40d. Welcomes the fact that several Member States have already amended their criminal code to criminalise violence on the internet as well as various forms of sexual violence;
Amendment 395 #
Motion for a resolution
Paragraph 40 e (new)
Paragraph 40 e (new)
40e. Stresses the need to evaluate the progress made in the fight against trafficking in human beings in the light of the findings of the EU Anti-Trafficking Coordinator;
Amendment 396 #
Motion for a resolution
Paragraph 40 f (new)
Paragraph 40 f (new)
40f. Welcomes the Commission’s action plan on unaccompanied minors 2010- 2014; calls on the Commission to inform the EP on the findings of the expert group on unaccompanied minors in the migration process;
Amendment 397 #
Motion for a resolution
Paragraph 40 g (new)
Paragraph 40 g (new)
40g. Calls on the Commission to mainstream children’s rights in all EU activities and to assess the work to date of the Children’s Rights Coordinator and the European Forum on the Rights of the Child;
Amendment 398 #
Motion for a resolution
Paragraph 40 h (new)
Paragraph 40 h (new)
40h. Encourages the use of child rights indicators elaborated by the FRA in the reviewing of EU actions; calls for the elaboration of practical guidelines on how such indicators could best be used;
Amendment 402 #
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Calls on Member States to reform their asylum procedures in order to comply with the requirement to ensure an effective remedy as laid down by the ECtHR and CJEU case-law, notably on applicable timelines to lodge an appeal against a decision, a negative decision and provisions on the right to stay in the host country during the appeal process;
Amendment 403 #
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Highlights the importance of negotiations in view of amending the Dublin II Regulation and stresses that more efficient procedures should not be sought at the expense of the rights of applicants;
Amendment 404 #
Motion for a resolution
Paragraph 41 c (new)
Paragraph 41 c (new)
41c. Recalls the importance of the directive for seasonal workers 1 for reducing irregularity at work and the risk of exploitation and urges the swift conclusion of negotiations; __________________ 1 COM(2010) 379 final.
Amendment 405 #
Motion for a resolution
Paragraph 41 d (new)
Paragraph 41 d (new)
41d. Calls on the Commission, in the light of its evaluation of European Readmission Agreements 1 (EURAs) to refrain from supporting the hasty conclusion of new agreements that lead to violations of fundamental rights; calls on the Council to observe the ‘no agreement at any cost’ principle; __________________ 1 COM(2011) 76 final.
Amendment 406 #
Motion for a resolution
Paragraph 41 e (new)
Paragraph 41 e (new)
41e. Strongly condemns the extensive use by most Member States of detention to facilitate removal of immigrants, including minors, and urges Member States to introduce alternatives to detention in national legislation;
Amendment 407 #
Motion for a resolution
Paragraph 41 f (new)
Paragraph 41 f (new)
41f. Calls for fundamental rights-sensitive border controls and stresses the need for democratic oversight by Parliament over Frontex operations;
Amendment 413 #
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Urges Member States to restructure their court systems, review the level of court fees, reform the legal aid system and to provide alternative dispute settlement mechanisms so as to facilitate access to justice to the maximum extent possible;
Amendment 415 #
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Calls on the Commission to complete the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings ensuring that fair trial rights may be effectively exercised in practice;
Amendment 416 #
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Urges the EU institutions and the Member States to examine how common legal principles on collective redress could fit into the EU legal system and into the legal orders of the Member States;
Amendment 418 #
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Urges the Commission to examine the effective implementation in the EU of the right of access to justice in the context of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being;
Amendment 420 #
Motion for a resolution
Paragraph 43 c (new)
Paragraph 43 c (new)
43c. Calls on Member States to deal with gender-specific crimes and to propose effective means for tackling domestic violence, if necessary by adopting legislation on protection measures;
Amendment 425 #
Motion for a resolution
Paragraph 43 e (new)
Paragraph 43 e (new)
43e. Calls on the Member States to provide the financial resources for crime victim services, taking into account the upcoming assessment by the FRA of options and promising practices in the Member States;
Amendment 427 #
Motion for a resolution
Paragraph 43 f (new)
Paragraph 43 f (new)
43f. Stresses that international cooperation in the fight against terrorism should be based on full compliance with international standards and obligations in the area of human rights;
Amendment 428 #
Motion for a resolution
Paragraph 43 g (new)
Paragraph 43 g (new)
43g. Calls on Member States to establish the truth on their involvement in the CIA rendition and secret detention programmes, to investigate allegations of human rights and reform their systems to avoid future similar abuse;
Amendment 429 #
Motion for a resolution
Paragraph 43 h (new)
Paragraph 43 h (new)
43h. Welcomes the Roadmap on criminal procedures and calls on the Commission and the Member States to step up efforts in order to achieve strong EU-wide standards for procedural rights of both defendants and victims;
Amendment 430 #
Motion for a resolution
Paragraph 43 i (new)
Paragraph 43 i (new)
43i. Draws attention to the remaining deficiencies regarding minimum guarantees of the rights of defence, and points out that the Commissioner for Human Rights of the CoE questioned the absence of effective remedies against the European Arrest Warrant and its use for minor crimes;
Amendment 443 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls on the Commission and Member States to distribute information on the right to diplomatic and consular protection; calls on Member States to cooperate actively in order to secure the protection of EU residents outside the EU, including in times of crisis or disaster;
Amendment 447 #
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45b. Points out the need to launch effective information campaigns that promote EU citizenship rights among young people such as setting up an ‘active citizenship programme’ in schools and universities;
Amendment 450 #
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
Amendment 452 #
Motion for a resolution
Paragraph 45 d (new)
Paragraph 45 d (new)
45d. Underlines the need for swift reform of the European Parliament electoral system, ensuring the active participation of EU citizens in the EU’s functioning;
Amendment 454 #
Motion for a resolution
Paragraph 45 e (new)
Paragraph 45 e (new)
45e. Calls on the EU and the Member States to increase public awareness of the Citizens’ Initiative, a tool for direct democracy aimed at enhancing the Union’s democratic functioning;