BETA

39 Amendments of Urszula GACEK

Amendment 3 #

2008/2184(INI)

Motion for a resolution
Citation 5
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs on the visit to closed detention centres for asylum seekers and immigrants in Belgium1, _______________ 1deleted PE404.465v02-00
2009/02/18
Committee: LIBE
Amendment 15 #

2008/2184(INI)

Motion for a resolution
Recital I
I. whereas according to the Commission Report, the overall transposition of Directive 2004/38/EC is rather disappointing, as not one Member State has transposed the Directive effectively and correctly in its entirety and, moreover, not one article of the Directive has been transposed effectively and correctly by all Member States, and whereas, particularly as in at least twenty Member States the incorrectness of the transposition concerns crucial provisions of the Directive,
2009/02/18
Committee: LIBE
Amendment 17 #

2008/2184(INI)

Motion for a resolution
Recital K
K. whereas the Commission has had to bring nineteen infringement proceedings against Member States for non- communication of national implementing measures, which were subsequently closed; whereas it has so far received more than 1 800 individual complaints, 40 questions from Parliament and 33 petitions, and that on that basis it has registered 115 complaints and has brought 5 infringement proceedings for incorrect application of Directive 2004/38/EC,
2009/02/18
Committee: LIBE
Amendment 19 #

2008/2184(INI)

Motion for a resolution
Recital P - indent 1
– a non-Community national who is the spouse of a citizen of the Union who accompanies or joins that citizen can benefit from the provisions of the Directive, irrespective of when and where their marriage took place and of how that spouse country entered the host Member State*,without the need for prior lawful residence 1, ________________ 1 Metock case
2009/02/18
Committee: LIBE
Amendment 21 #

2008/2184(INI)

Motion for a resolution
Recital Q
Q. whereas according to the report by a delegation from the Committee on Civil Liberties, Justice and Home Affairs that visited closed detention centres for illegal immigrants in Belgium, Union citizens may be detained in Belgium on the grounds of a simple administrative breach, and a number of Union citizens are held in detention centres for illegal immigrants,deleted
2009/02/18
Committee: LIBE
Amendment 22 #

2008/2184(INI)

Motion for a resolution
Recital S - introductory
S. whereas, on the basis of the information gathered, notably through national parliaments’ answers to Parliament's questionnaire, which is unfortunately not exhaustive and does not cover all the Member States, and in addition to the Commission Report, the following main issues were identified as problematic:
2009/02/18
Committee: LIBE
Amendment 23 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 1
restrictive interpretation by Member States of the notion of "family member" (Article 2), of "any other family member" and of "partner" (Article 3), particularly in relation to same sex partners, and their right to free movement under Directive 2004/38/EC,
2009/02/18
Committee: LIBE
Amendment 26 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 1 - footnote
1 CY, PL and SK do not recognise same sex marriages as a reason to grant free movement rights, PL and SK do not recognise registered partnerships, even if certified in another Member States; information in this regard provided by the Commission, the FRA and NGOs further proofs legal uncertainty on this issue; Italy does on recognise to same-sex couples free movement rights on grounds of public policy; there is a general trend against the recognition of third/fourth spouses.deleted
2009/02/18
Committee: LIBE
Amendment 27 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 2
– unjustifiednecessary administrative burdens are imposed in respect of the entry and residence of third-country family members,
2009/02/18
Committee: LIBE
Amendment 29 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 3
– the interpretation by Member States of "sufficient resources" under Article 7(1)(b) of Directive 2004/38/EC is often unclear and unfriendly, as most Member States require that evidence of sufficient resources be given; the notion of "unreasonable burden to the social assistance system of the host member State" and if and in what cases the decision to expel a citizen of the Union who has become an unreasonable burden (Article 14, recital 10) is in many Member States uncertain as well,
2009/02/18
Committee: LIBE
Amendment 31 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 3 - footnote
1 Several letters of complaint and petitions addressed to EU Institutions highlight that some Member States are reluctant to fully recognise their rights to third countries family members; by way of example, UK, Lithuanian and Polish legislation preclude a non-EU family member from entering without a visa.deleted
2009/02/18
Committee: LIBE
Amendment 33 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 4 - footnote
1 For instance, Article 235 of the Italian criminal code provides for the expulsion of non nationals convicted to 2 or more years of imprisonment.deleted
2009/02/18
Committee: LIBE
Amendment 36 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 5
– Union citizens are often required to submit to the authorities of the host Member State unjustified additional documents not provided for in Directive 2004/38/EC,
2009/02/18
Committee: LIBE
Amendment 37 #

2008/2184(INI)

Motion for a resolution
Recital S - indent 5 - footnote
1 In some cases (Greece) competent authorities are allowed by national law to ask for the criminal record of the EU citizen applying for registration, while in other Member States (for instance in Spain and Belgium) special ID cards and residence cards are issued for other member States nationals; In some Member States (ES) in addition to the registration certificate, EU citizens are given a Foreigner Identity Number which is necessary in order to work or register in the social security system; in Italy EU citizens are required to prove the “legality” of their resources.deleted
2009/02/18
Committee: LIBE
Amendment 41 #

2008/2184(INI)

Motion for a resolution
Recital T
T. whereas the extremely poor transposition of the Directive implementing Article 18 of the EC Treaty by Member States should be strongly condemned and whereas such situation results, if not in the Directive itself being undermined, in a substantial non- application of one of the key rights on which the EU is based and which are conferred on Union citizens by the Treaties,
2009/02/18
Committee: LIBE
Amendment 48 #

2008/2184(INI)

Motion for a resolution
Paragraph 2
2. Calls on Member States to fully implement the rights grantedules set out under Article 2 and Article 3 of Directive 2004/38/EC not only to different sex spouses, but also to registered partners, members of the household and partners, including same- sex couples and irrespective of nationality, on the basis of the principles of mutual recognition, equality, non- discrimination, dignity, private and family life; in this regard, calls the Commission to issue strict guidelines, in addition drawing on the analysis and conclusions contained in the Fundamental Rights Agency report;, and to facilitate as host Member States, in accordance with the host State's national legislation, the freedom of movement of other members of the household and registered partners not covered by the definitions listed in Article 2; in this regard, calls the Commission to issue strict guidelines;"
2009/02/18
Committee: LIBE
Amendment 79 #

2008/2184(INI)

Motion for a resolution
Article 6
6. Notes that not all Member States have implementedReminds the Member States of Article 35 of Directive 2004/38/EC, which allows them to adopt the necessary measures to refuse, terminate or withdraw free movement rights in cases of abuse of rights or fraud, such as marriages of convenience, provided that such measures are proportionate and non- discriminatory and that procedural safeguards are respected, and draws attention to the possibilities provided by this Article;
2009/02/18
Committee: LIBE
Amendment 43 #

2008/2160(INI)

Proposal for a recommendation
Paragraph 1 - point g a (new)
ga) encourage all EU computer manufacturers to pre-install child protection software and ensure that it is activated by default;
2009/01/29
Committee: LIBE
Amendment 70 #

2008/2160(INI)

Proposal for a recommendation
Paragraph 1 - point p a (new)
pa) call on the Member States to correctly apply Directive 95/46/EC on personal data in relation to the Internet; remind the Member States that this Directive, especially Article 8, applies regardless of the technology used for the processing of personal data and that its provisions call for Member States to provide the right to a judicial remedy and compensation for their infringement (Articles 22, 23, and 24);
2009/01/29
Committee: LIBE
Amendment 1 #

2008/2123(INI)

Draft opinion
Recital A
A. Whereas the Parliament welcomes the commitment of the French Presidency regarding the situation of vulnerable adults and their cross-border legal protection and congratulates those Member States who have signed and ratified the Hague Convention,deleted
2008/10/22
Committee: LIBE
Amendment 2 #

2008/2123(INI)

Draft opinion
Recital A a (new)
Aa. whereas a move from substitute decision-making by legal guardians to supported decision-making by vulnerable adults themselves can, in some cases, help to prevent the dehumanisation of vulnerable adults and prevent conflict, and ensure respect for the dignity of vulnerable adults,
2008/10/22
Committee: LIBE
Amendment 3 #

2008/2123(INI)

Draft opinion
Recital B
B. Whereas the Parliament encourages those Member States which have not yet signed or ratified it, to do so,deleted
2008/10/22
Committee: LIBE
Amendment 4 #

2008/2123(INI)

Draft opinion
Recital B a (new)
Ba. whereas situations have developed in which cases involving legal protection concern two or more Member States and concern EU Member States and non-EU States, in particular because of traditional migration flows (former colonies, the United States and Canada);
2008/10/22
Committee: LIBE
Amendment 5 #

2008/2123(INI)

Draft opinion
Recital C a (new)
Ca. whereas problems have arisen because of the increasing movement between Member States where there is a net outflow of retired people, including vulnerable adults, and those Member States where there is a net inflow of retired individuals.
2008/10/22
Committee: LIBE
Amendment 6 #

2008/2123(INI)

Draft opinion
Recital D a (new)
Da. whereas the need for and the principles governing the legal protection of vulnerable adults were agreed by all Member States in the Council of Europe's Recommendation No. R (99) 4 of the Committee of Ministers to Member States on Principles concerning the Legal Protection of Incapable Adults, adopted on 23 February 1999,
2008/10/22
Committee: LIBE
Amendment 7 #

2008/2123(INI)

Draft opinion
Recital E a (new)
Ea. whereas the legal protection of vulnerable adults must be a pillar of the right of free movement of persons,
2008/10/22
Committee: LIBE
Amendment 8 #

2008/2123(INI)

Draft opinion
Paragraph -1 (new)
(The text of this new paragraph corresponds almost entirely to recitals A and B, deleted by-1. Welcomes the commitment of the French Presidency regarding the situation of vulnerable adults and their cross-border legal protection; congratulates those Member States who have signed and ratified the Hague Convention, and encourages those Member States which have not yet signed or ratified it, to do so; Or. en amendments 1 and 3)
2008/10/22
Committee: LIBE
Amendment 33 #

2008/2104(INI)

Proposal for a recommendation
Recital B
B. whereas Russia’s massive counter- attack, triggered by the Georgian troops entering South Ossetia, extended to the otherattack on Georgian territories with the massivlarge-scale use of armour and air power, as well as the unprovoked massive military action in Abkhazia, including attacks and occupation ofn Georgian seaports, followed by the recognition of the two breakaway, enclaves, South Ossetia and Abkhazia, puts a question mark on the viability of the idea of building together with the Russia a common space of security in Europe,
2009/02/26
Committee: AFET
Amendment 58 #

2008/0224(CNS)

Proposal for a regulation – amending act
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 128 – paragraph 2 – point a
(a) is a national of one of the Member States of the Communities and enjoys his/her full rights as a citizen, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen; which shall be granted automatically on the request of the Member or Members of the European Parliament whom the parliamentary assistant is selected to assist,
2008/11/21
Committee: JURI
Amendment 11 #

2008/0101(CNS)

Proposal for a decision
Article 5 – paragraph 1 – point a
(a) the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provision. It may also include a short description of the constitutive elements of the offence; the translation of a description of a national offence from the original language of submission shall be the task and responsibility solely of each individual Member State requesting a translation and shall not be done by ECRIS. Once a translation has been completed, ECRIS shall offer the option of adding it to the database.
2008/09/02
Committee: LIBE
Amendment 39 #

2007/2212(INI)

Motion for a resolution
Paragraph 10
10. Regrets the limited participation in the Civil Society Drugs Forum on the part of organisations representing the new Member States; insists upon the need for civil society in the new Member States to be more extensively involved, in view of the importance of those countries in an enlarged EU;Deleted
2008/02/14
Committee: LIBE
Amendment 62 #

2007/2212(INI)

Motion for a resolution
Paragraph 17
17. Considers that there should be a strong synergy between the activities of the Forum and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA); suggests that the Monitoring Centre's annual report should contain a section concerned with the activities of European civil society, in order to give substance and profile to that dialogue;
2008/02/14
Committee: LIBE
Amendment 66 #

2007/2212(INI)

Motion for a resolution
Paragraph 18
18. Calls for, subject to budgetary control, a greater financial commitment from the EU to support European civil society's activities in connection with current projects and future initiatives in the field;
2008/02/14
Committee: LIBE
Amendment 73 #

2007/2212(INI)

Motion for a resolution
Paragraph 21
21. Attaches importance to strengthening the dialogue at European level with consumers' associations – a necessary aspect of any response to the challenges of social reintegration and rehabilitation;Deleted
2008/02/14
Committee: LIBE
Amendment 97 #

2007/2212(INI)

Motion for a resolution
Paragraph 27
27. Calls upon the EU Agency for Fundamental Rights to carry out an analysis into the effects of anti-drugs policies and to assess the extent to which such policies have resulted in the infringement of European civil society's fundamental rights;Deleted
2008/02/14
Committee: LIBE
Amendment 18 #

2007/2210(INI)

Draft opinion
Paragraph 10 a (new)
10b. Calls on the Member States to ensure that all tissue and organ donations by a living person are subject to their express full legal consent;
2008/02/15
Committee: LIBE
Amendment 21 #

2007/2210(INI)

Draft opinion
Paragraph 14
14. Calls on the Commission and Member States to raise public awareness of the necessity of organ donation; welcomes the initiative of the Commission to launch the European Donor Card that can also serve as one of the tools for raising public awareness; calls on the Member States to support this initiative and to further increase the availability of donor recognition marks/symbols on national identification cards and driving licences;
2008/02/15
Committee: LIBE
Amendment 23 #

2007/2210(INI)

Draft opinion
Paragraph 14 a (new)
1 14a. Calls on the Member States, at a citizen's request, to include a printed donor status on a driving licence in the area allowed under Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences1 and with respect to data protection, to include further donor information on the driving licence microchip as permitted under that OJ L 403, 30.12.2006, p. 18. See annex I, driving licence model point 14. Directive;
2008/02/15
Committee: LIBE
Amendment 20 #

2007/0216(COD)

Proposal for a regulation – amending act
Article 1 – point 1
Regulation (EC) No 2252/2004
Article 1 – paragraph 1
(1) In Article 1, paragraph 1 ishall be replaced by the following: "1. Passports and travel documents issued by Member States shall comply with the minimum security standards set out in the Annex. They shall be issued as individual documents. Passports issued in relation to minors shall include a special field containing the name of the person(s) who has (have) parental responsibility for the child. Passports issued in relation to minors shall have a maximum period of validity of five years and shall be subject to a maximum of 50% the standard passport issuing fee for adults."
2008/06/18
Committee: LIBE