7 Amendments of Gianni VATTIMO related to 2009/2241(INI)
Amendment 8 #
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that EU accession to the ECHR will provide the Union’s citizens with an additional mechanism for enforcing their rights, namely the possibility of lodging a complaint with the European Court of Human Rights (ECtHR) in relation to an act or failure to act by an EU institution or a Member State implementing EU law and falling at the same time within the remit of the ECHR. Stresses, however, that this does not alter the present system of jurisdiction of the Court of Justice of the European Union (ECJ), and that the requirement that all domestic judicial remedies should have been exhausted will remain the condition for the eligibility of any application; underlines in this context that it will be necessary to ensure that Member States' courts refer cases to the ECJ when there is an arguable fundamental rights issue at hand;
Amendment 12 #
Draft opinion
Paragraph 7 – introductory words
Paragraph 7 – introductory words
7. Points out that there are a number of legal, technical and institutional issues which are still outstanding and which will have to be addressed in the mandate to be adopted under Article 218 TFEU, as well as in the negotiations with the Council of Europe on accession to the ECHR. The most sensitive of them includeInvites the Commission and the Council to make sure that:
Amendment 13 #
Draft opinion
Paragraph 7 – indent 1
Paragraph 7 – indent 1
– the fact that the scope of the accession ishould be precisely defined in the mandate; the EU should also accede, at the least,all accede to all those Additional Protocols to the ECHR which complement the rights enshrined in the ECHR and which have already been ratified by all the EU Member States, thus forming part of the EU’s human rights corpuor the Charter of Fundamental Rights, thus forming part of the EU’s human rights corpus. In this regard, also invites Member States to speed up their signature and ratification - as well as to review their declarations and reserves - in relation to the ECHR and its Protocols. Furthermore, the accession to the revised European Social Charter should be taken into consideratioforeseen;
Amendment 16 #
Draft opinion
Paragraph 7 – indent 2
Paragraph 7 – indent 2
– the need for the EU’sEU is properly representationed and participationes in the Council of Europe’s bodies to be clarified; although with the accession to the ECHR the EU will not become a member of the Council of Europe, it shouldall be represented on the same footing as the other parties on all those bodies where as a result of the accession EU matters are affected, while the European Parliament should be represented in the procedure to elect a judge to the ECtHR; such as the Council of Ministers at least when supervising the execution of judgements, and at least the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the Commission for the Efficiency of Justice (CEPEJ), the European Commission against Racism and Intolerance (ECRI) and the Steering Committee for Human Rights (CDDH), while the European Parliament shall be called to give its consent to the nomination of the three EU candidates for the post of judge in the ECtHR and be represented in the Council of Europe Parliamentary Assembly, namely on the occasion of the election of the EU judge to the ECtHR; the EU permanent, full- time judge shall also participate in the ECtHR on an equal footing, while a co- respondent mechanism has to be set so as to comply with the principle of autonomous interpretation of EU law;
Amendment 18 #
Draft opinion
Paragraph 7 – indent 3
Paragraph 7 – indent 3
– the need for relations between the ECJ and the ECtHR to bare refined, leaving the two courts the necessary flexibility to determine how best to cooperate in order to achieve an enhanced regular dialogue. This could, in addition, contribute to the development of the abovementioned case- law system;
Amendment 20 #
Draft opinion
Paragraph 7 – indent 4
Paragraph 7 – indent 4
– the need for the problems faced by the ECtHR to bare dealt with and relieved through EU support; EU accession to the ECHR, rather than diminishing its effectiveness, should lead to an improved system of implementation of the subsidiarity principle, and thus to fewer repetitivprompt and full execution of ECtHR judgments by the Member States and the EU by ensuring that, on the basis of the applications at of the ECtHR; this in turn would relieve the burden on the ECtHR itself. It is of the utmost importance that the right balance should be struck between provision of access to the additional remedy and the needsubsidiarity principle, Member States and EU institutions properly abide to the human rights obligations they have contracted to by accessing the ECHR and address structural problems through reforms, hereby leading to fewer and less repetitive applications at the ECtHR; this in turn would relieve the burden on the ECtHR itself, so as to avoid overloading of the ECtHR. Welcomes the fact, therefore, that the accession of the EU will coincide with the reform of the ECtHR;
Amendment 23 #
Draft opinion
Paragraph 9
Paragraph 9
9. Underlines that, as the accession to the ECHR concerns not only the EU institutions, but also the Union’s citizens, the European Parliament should be consulted and involved throughout the negotiation process, and should be associated and immediately and fully informed at all stages of the negotiations, as provided for in Article 218(10) TEU;