5 Amendments of Stanimir ILCHEV related to 2011/0167(NLE)
Amendment 6 #
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines, at the same time, that it is crucial to strike the appropriate balance between enforcement of IPRs and fundamental rights such as freedom of expression, the right to privacy and protection of personal data, the right to due process and confidentiality of communications, the right to due process -notably the presumption of innocence and effective judicial proteciton1 - and recalls the case- law of the Court of Justice of the European Union (CJEU) as regards this fair balance,; ______________ 1 See also in this sense the Opinion of the EDPS of 24 April 2012 <http://www.edps.europa.eu/EDPSWEB/webdav/site/my Site/shared/Documents/Consultation/Opinions/2012/12- 04-24_ACTA_EN.pdf.
Amendment 32 #
Draft opinion
Paragraph 15
Paragraph 15
15. Considers that when fundamental rights are at stake ambiguity must be avoided and at the least reduced to a minimumthere shall be no place for any ambiguity; recalls that the European Court of Human Rights jurisprudence affirms that any limitation to the fundamental rights and freedoms foreseen by law must be foreseeable in its effects, clear and precise and accessible, as well as necessary in a democratic society and proportionate to the aims pursued; underlines that ACTA might create a legal basis for third countries controls and subsequent measures, notably at the borders, on Union citizens travelling outside of the Union, as well as on their properties; moreover, and without assigning any wrongful intentions ("procès d'intention") to the ACTA implementation measures, takes the view that in the current state of affairs precaution should be exercised as regards ACTA in light of the serious and remaining question-marks surrounding the balance reached within the agreement between IPRs and other core fundamental rights and its level of legal certainty.;
Amendment 39 #
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Shares the concerns expressed by the EDPS in its opinion on ACTA, notably in relation to the unclear scope, the vague notion of "competent authority", the processing of personal data by ISPs through voluntary enforcement cooperation measures and the lack of appropriate safeguards in relation to fundamental rights;
Amendment 40 #
Draft opinion
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Is of the opinion that ACTA does not comply with the rights enshrined in the Charter;
Amendment 41 #
Draft opinion
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Invites the Committee on International Trade, as the committee responsible, to recommend that Parliament declines to consent to the conclusion of ACTA;