35 Amendments of Tatjana ŽDANOKA related to 2013/2013(INI)
Amendment 2 #
Motion for a resolution
Recital A
Recital A
A. whereas, subject to Protocol 30 of the Treaty, the Charter of Fundamental Rights of the European Union has already acquired legally binding force through the entry into force of the Treaty of Lisbon1 ; whereas Parliament objects to the restrictive interpretation of the scope of application of the Charter put forth by the European Commission; whereas the same Treaty also establishes the legal basis for the EU to accede to the European Convention on Human Rights, as well as theo launch a European Citizens' Initiative appealing to the Commission to come up with a new legislative proposal on a given matter;
Amendment 4 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Committee on Petitions has a duty to constantly review and, where possible, to enhance its role, notably with regard to the development of democratic principles, such as the increased participation of citizens in the EU decision-making process and the enhancement of transparency and accountability and whereas, in its regular activity, the committee works closely with Member States, the Commission, the European Ombudsman and other bodies in order to ensure that EU law is fully respected in both letter and spirit;
Amendment 7 #
Motion for a resolution
Recital B
Recital B
B. whereas in 2012 the Committee on Petitions registered 1 9845 petitions, mostly referring to the themes of fundamental rights, the environment, and the internal market; whereas 1 408 petitions were declared admissible, and of those 854 were forwarded to the Commission for further investigation pursuant to Articles 258 and 260 of the Treaty; and 577 petitions were declared inadmissible; whereas the judgment of the General Court of 14 September 2011 in case T- 308/07 made it clear that in declaring petitions inadmissible, Parliament must give good reasons for doing so;
Amendment 8 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, regarding the statistical analysis contained in this report, the highest number of petitions refer to the EU as a whole (27.3%), followed by Spanish (15.0%), German (12.5%) and Italian (8.6%) cases;
Amendment 11 #
Motion for a resolution
Recital C
Recital C
C. whereas, in the field of fundamental rights, the Committee devoted much attention in 2012 to the rights of persons with disabilities, the rights of children, property rights, the rights of free movement without discrimination on any grounds, protecting freedom of expression and privacy, and the right of access to documents and information; whereas the situation of economic crisis has prompted a number of petitions concerning social problems, such as housing;
Amendment 14 #
Motion for a resolution
Recital D
Recital D
D. whereas petitions submitted by citizens give evidence that there is persisting discrimination against citizens as a result of their religion or belief, disability, belonging to a minority or certain ethnic group, gender, age or sexual orientation;
Amendment 17 #
Motion for a resolution
Recital F
Recital F
F. whereas, in relation to the protection of the environment, the threat posed by pollution and environmental malpractice can never be overstated, due to the ensuing risks to biodiversity and ecosystems, as well as public health risks, all of which are long-lasting and often life-threatening; whereas regarding biodiversity some Member States have not yet determined the totality of minimum Natura 2000 protection areas nor fully implemented their effective protection; whereas in 2012 the Committee devoted much attention to the implementation of legislation on waste and water, as well as to the assessment of the impact of projects and activities on the environment and on public health;
Amendment 19 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas on the waste management issue, the fact-finding visit to Italy highlighted the urgent need for all Italian authorities involved to find a sustainable solution for the waste management needs in Roma Province ensuring respect for the citizens' health and dignity; whereas, despite the end of the emergency situation in the city of Naples, many challenges on a comprehensive approach to waste management remain in the Campania region in connection with the waste Framework Directive hierarchy and the CJEU ruling of March 2010;
Amendment 21 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the works of the committee have led to water's being declared as a public good which has to be managed according to the general interest; whereas the European Citizens' Initiative "Right to water" has already reached the threshold of a million signatures of European citizens;
Amendment 23 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas in the resolution tabled by the Petitions Committee and adopted by the plenary on 13 December 2012 on the environmental recuperation of the surrounding of the ILVA steel plant in Taranto, this Parliament advocated the 'polluter-pays principle'1 1 P7_TA(2012)0510
Amendment 25 #
Motion for a resolution
Recital G
Recital G
G. whereas in spite of the Interinstitutional Agreement between the Parliament and the Commission, the latter appears reluctant to provide prompt information on the nature of its deliberations, as well as decisions taken, in infringement proceedings concerning the implementation of environmental legislation; whereas this is an important source of concern given the irreversible damage and destruction that could be inflicted on our ecosystems and health; whereas the European institutions ought to supply more information and be more transparent with regard to EU citizens;
Amendment 31 #
Motion for a resolution
Recital I
Recital I
I. whereas, for that reason, the Committee on Petitions devoted a great amount of time and effort in 2012 to discussing the meaning of European citizenship, which is closely associated with a complethe freedom of movement and residence within the EU; whereas petitions give evidence that Union citizens and residents still face widespread and tangible obstacles to exercising their cross-border rights, a situation which has a direct and daily impact on the lives and welfare of thousands of households;
Amendment 35 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the field of action, and the modus operandi, of the right to petition granted to all EU citizens and residents under the terms of the Treaty differs from other remedies available to citizens, such as, for instance, the submission of complaints to the Commission or to the Ombudsman, and whereas the Member States, using the crisis as a pretext, are increasingly choosing to neglect this right, which is an important concern for European citizens;
Amendment 37 #
Motion for a resolution
Recital K
Recital K
K. whereas a new instrument for a participatory democracy, the ‘European Citizens’ Initiative‘, entered into force on 1 April 2012 and registered a total of sixteen (16) initiatives during the course of the year; whereas relevant concerns have been raised by diverse initiators of European Citizens' Initiatives on the technical barriers encountered for the actual collection of signatures; whereas the Committee on Petitions will play a primordial role in the organisation of the public hearings for successful initiatives;
Amendment 46 #
Motion for a resolution
Recital N
Recital N
N. whereas European citizens and residents are legitimately entitled to expect that the issues they raise with the Committee on Petitions may find a solution without undue delay within the legal framework of the European Union, and in particular that the Members of the Committee will defend the petitioner's natural environment, health, freedom of movement, dignity and fundamental rights and freedoms; whereas the efficiency of the committee's work is largely the result of swiftness and thoroughness of its Secretariat; whereas, in view of the progressively increasing number of petitions received yearly, more resources and committee meeting time should be devoted for this purpose;
Amendment 48 #
Motion for a resolution
Recital O
Recital O
O. whereas certain petitions, such as one of the oldest outstanding petitions concerning discriminatory treatment against foreign-language lecturers (‘lettori’) in Italy, are pending between the Commission, Parliament and national authorities without any solution found, leaving the petitioners on uncertain ground with no sign of a conclusion;
Amendment 57 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note that petitions received in 2012 from European Union citizens and residents focused on alleged breaches of EU law in the fields of fundamental rights, the environment, the internal market and property rights; considers that petitions give evidence that there are still frequent and widespread instances of incomplete transposition or of misapplication of EU law; takes the view therefore that, ultimately, the European Union's body of law does not fully deliver the expected results and that the Commission is the ultimate responsible to guarantee that both the letter and spirit of it is well respected;
Amendment 75 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Repeats its previous calls to Member States to ensure freedom of movement for all EU citizens and their families, without discrimination on grounds of sexual orientation or nationality; repeats its call to Member States to implement fully the rights granted under Articles 2 and 3 of Directive 2004/38/EC not only to different- sex spouses, but also to the registered partner, member of the household or partner with whom an EU citizen has a duly attested, stable relationship, including members of same-sex couples, on the basis of the principles of mutual recognition, equality, non-discrimination, dignity and respect for private and family life; calls on the Commission, in that connection, to ensure that the directive is strictly applied and ultimately reviewed accordingly for this purpose, if necessary;
Amendment 78 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that the environment remains another key subject of petitions, giving evidence that public authorities repeatedly fail to ensure the preservation of biodiversity and ecosystems, and that the highest standards of public health are guaranteed; points, in particular, to the numerous petitions submitted on waste management, on water, on protected species and on the assessment of the impact of projects and activities on the environment and on public health; urges the Commission to strengthen the environmental legislative framework and, specifically, its correct implementation; regrets that some Member States, despite their efforts, have not been able to find sustainable solutions for problems related to waste management;
Amendment 83 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expects that the reviewed Environmental Impact Assessment Directive will not only be strengthened by providing clearer parameters as regards the independence of expert studies, common EU thresholds, a maximum timeframe for the process, including effective public consultation, the requirement to justify decisions, the mandatory assessment of reasonable alternatives and a quality control mechanism but will, above all, be duly implemented by the Member States,
Amendment 85 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the end of the emergency situation in Naples city and the new initiatives concerning the waste management and expects that the persisting challenges in Campania region will be duly addressed, namely by means of a comprehensive regional waste management plant in accordance with the EU Waste Framework directive hierarchy and the TJEU ruling of 2010; still has serious concerns on the waste management approach in Lazio Region, particularly the follow-up of the close- down of the Malagrotta landfill;
Amendment 92 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of the creation of the Spanish Coastal Law Working Group, which has been closely studying related petitions and the modification of the law; reiterates the importance of directeffective contact with the Spanish national authorities in this respect and welcomes furthecalls for cooperation to find a better balance between property rights and the protection of solutions to property rights when the ultimate goal of the protection of the environment requires expropriation; expresses its fears that the new Coastal law approved by the Spanish Parliament is not solving the concerns of petitioners, nor are there any plans for further environmental protection of the coastal areas in Spain;
Amendment 96 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Committee's conclusions from the fact-finding visit to Berlin on youth and family welfare matters, particularly in cross-border custody cases; notes, however, based on the continuing inflow of petitions of this nature, that it is clear the issue is ongoing, and that similar cases have also been brought to the Committee's attention from other Member States, notably Denmark;
Amendment 99 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers it important to enhance cooperation with Member States' parliaments and governments, based on reciprocity, and, where necessary, to encourage Member States' authorities to transpose and apply EU legislation with full transparency; stresses the importance of the Commission's cooperating with the Member States and deplores the negligence of some Member States with regard to transposing and enforcing European environmental legislation;
Amendment 102 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is determined to put in place a more practical and visible petitions web portal by the end of 2013, in order to facilitate access to the petitions process and to provide valuable information on petitions, its public dissemination and an interactive approach to the petitions process, as well as on other redress mechanisms; calls for the right of petition to be given greater visibility on the Parliament website homepage;
Amendment 104 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that the Committee on Petitions, along with other institutions, bodies and instruments such as the European Citizens' Initiative, the European Ombudsman, the European Commission, and the committees of inquiry, play an independent and clearly defined role as points of contact for each individual citizen; further stresses that the Committee on Petitions must continue to be a point of reference for citizens whose rights are allegedly being infringed;
Amendment 107 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the constructive cooperation between the Committee and the European Ombudsman, such as in the Special Report on the Vienna airport extension; supports the activities of the Ombudsman concerning instances of maladministration in the activities of EU institutions, bodies, offices and agencies; expects this task to be continued on the grounds of full independence, as has been the case until now;
Amendment 110 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the continued cooperation with the Commission; stresses, nevertheless, that the Committee expects to be kept well and promptly informed about developments concerning infringement proceedings; asks the Commission to give equal consideration to petitions and complaints as regards the functioning of infringement procedures; calls, in addition, upon the Commission to also provide the Committee with details and a statistical analysis of all complaints it investigates; stresses that, for the right of petition to be fully respected, a thorough analysis and answer from the Commission is fundamental when requested, providing an assessment not only about the formal or procedural issues but also on the essential content of the matter;
Amendment 112 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that access to information held by the EU institutions is the primary interest of citizens aiming to understand the political and economic deliberations behind decision-making, particularly when it concerns projects with an impact on the environment; takes the view that greater access to information on investigations and infringement files could be provided by the Commission without jeopardising the purpose of the investigations and that an overriding public interest might well justify access to these files, particularly in cases where fundamental rights, human or animal health and the protection of the environment against irreversible damage may be at stake, or where proceedings are under way regarding discrimination against a minority or violations of human dignity, as long as protection of trade secrets and sensitive information relating to court cases, competition cases and personnel files are safeguarded;
Amendment 113 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Asks for a precautionary and preventive-aimed approach by the Commission when assessing projects with potential negative environmental or public health impact, in an early cooperation with the Member States concerned; notes the possibility of injunction measures to be established during deliberations in cases where irreversible damage is anticipated;
Amendment 117 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the negligence of many Member States in transposing and enforcing European legislation, a persistent failing which continues to give relevance to the work of thise Committee on Petitions; urges Member States, consequently, to transpose and apply EU legislation in full transparency and, with that objective in mind, considers it indispensable to improve the Commission's early cooperation with Member States' parliaments and governments, on a reciprocal basis;
Amendment 121 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the petitions mechanism is not merely a service, but a right for all European citizens and residents; pledges to make the petition procedure more efficient, transparent, and impartial, while preserving the participatory rights of the Members of the Committee on Petitions, so that the handling of petitions stands up to judicial review even at a procedural level; notes that the petition procedure should be absolutely independent to any national court process, enabling parallel conclusions;
Amendment 122 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Committee on Petitions to continue examining the effects of the ERT case law on the interpretation of Article 51 of the Charter of Fundamental Rights of the European Union and its consequences concerning petitions and to investigate the question of what actual obstacles lie in the way of EU citizens applying for a preliminary ruling from the European Court of Justice in order to obtain reliable interpretations of central issues under European legislation in cases before the national courts;
Amendment 126 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers the organisation of public hearings a useful way of studying issues raised by petitioners in depth; wishes to bring attention, for instance, to the public hearing held on the exploration and exploitation of unconventional energy sources, which took note of the concerns raised in this respect by EU citizens through their petitions; notes that, as long as EU legislation is fully observed, decisions are ultimately the prerogative of the Member States;
Amendment 128 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Looks forward toMandates the Committee on Petitions with the primary responsibility in organising public hearings for successful European Citizens' Initiatives, alongside the legislative Committee responsible; reaffirms its belief that this new tool will strengthen the democratic institutions of the Union and will give meaning to the notion of European citizenship;