78 Amendments of Maria Grazia PAGANO
Amendment 9 #
2008/2331(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the EU is and must continue to be a welcoming environment for those who win the right to remain, be they migrants for reasons of work, family reunification, or study, or persons in need of international protection,
Amendment 12 #
2008/2331(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas migrants often have to work as casual labour or in low-skilled jobs, or in jobs for which they are overqualified,
Amendment 18 #
2008/2331(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly supports the establishment of a common European immigration policy founded on a high level of political and operational solidarity, mutual trust, transparency, shared responsibility and joint efforts, as well as on the values – enshrined in the EU Charter of Fundamental Rights and in the European Convention for the Protection of Human Rights and Fundamental Freedoms – of respect for human dignity, freedom, and non-discrimination;
Amendment 36 #
2008/2331(INI)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Considers that an evolving common immigration policy might usefully draw on the important contribution of civil society organisations working for and with migrant communities;
Amendment 38 #
2008/2331(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers legal migration to be central to the EU’s cultural enrichment, precisely because it fosters the culture of diversity that the EU represents; considers, furthermore, that legal migration is necessary in order to address Europe’s demographic, labour market and skills needs; it also contributes to the development of third countries, particularly through migrant remittances; calls for the implementation of secure systems which facilitate these financial transfers to third countries;
Amendment 46 #
2008/2331(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers, therefore, that more substantial resources should be invested in measures (for example vocational training and refresher courses) to facilitate the employment of third country nationals legally staying in the EU who are unemployed and economically inactive, focusing especially on women;
Amendment 47 #
2008/2331(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Member States, without encroaching on their responsibilities, to safeguard the principle of non- discrimination and remove any legislative obstacles and administrative red tape that might impede migrants legally resident in a Member State as regards their right to set up in business;
Amendment 73 #
2008/2331(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports integration efforts of legal migrants as well as beneficiaries of international protection, taking into account respect for the identity and values of the EU and its Member States, including the respect for human rights, the rule of law, democracy, tolerance and equality; acknowledges that integration is more difficult to achieve in countries which are facing significant migratory pressuresgiven that border countries are exposed to more extreme migration pressures, recognises that more effective integration policies need to be adopted in those countries to enable them to cope with the increased difficulties stemming from their particular geographical location;
Amendment 77 #
2008/2331(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c . Believes that Member States need to be better equipped to manage the growing diversity that migration engenders within society, and that, to that end, they should exchange good practice so that all can benefit from the experience of those Member States which are already multiracial and multicultural;
Amendment 92 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 j (new)
Paragraph 12 j (new)
12j. Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
Amendment 95 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 m (new)
Paragraph 12 m (new)
12m. Calls on the Member States, when drawing up their integration policies, to allow in the proper way for the gender dimension and for the specific situation and needs of migrant women; considers that particular attention should be brought to bear so as to enable migrant women to gain access more readily to employment and social services;
Amendment 97 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 o (new)
Paragraph 12 o (new)
12o. Points to the need to promote the democratic participation of migrants in keeping with Council of Europe Resolution 1618 (2008); maintains that specific measures should be taken to promote the democratic participation of migrant women;
Amendment 110 #
2008/2331(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Council to adopt arrangements based on solidarity among Member States with a view to sharing the burdens arising from border policing and to coordinate the Member States’ national policies;
Amendment 120 #
2008/2331(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Points to the need to ensure, observing human rights and fundamental freedoms, that citizens staying illegally are allowed access to essential services (for example schooling for children and basic medical treatment);
Amendment 150 #
2008/2331(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Points out that fighting organised crime goes hand in hand with the need to protect and assist the victims of crime and human trafficking, especially where women and children are concerned;
Amendment 189 #
2008/2331(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that all agreements with countries of origin and transit should include chapters on cooperation on immigration, providing also for protection of the fundamental rights of migrants, including women’s rights, and calls for an ambitious policy with third countries on police and judicial cooperation to combat international criminal organisations engaged in human trafficking and to bring the persons concerned to justice; calls also on the Commission to intensify its support, including financial and technical assistance, in favour of third countries;
Amendment 2 #
2008/2234(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, however, without prejudice to the power of individual Member States to determine the ways of acquiring and losing citizenship, the Tampere European Council of 15 and 16 October 1999 endorsed ‘the objective that long-term legally resident third country nationals be offered the opportunity to obtain the nationality of the Member State in which they are resident’,
Amendment 3 #
2008/2234(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas granting the right to vote and stand for election in local elections in the Member State of residence is essential in order to create a sense of genuinely belonging in that country,
Amendment 12 #
2008/2234(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. In the light of the findings of Eurobarometer Flash 213 (a 2007 Eurobarometer survey) to the effect that only 31% of the respondents considered themselves well informed about their rights as EU citizens, considers it vital to adopt an effective approach to information and communication aimed at making EU citizens aware of their rights and obligations and helping them to assume an active role in EU decision- taking, thus enabling participatory democracy to be genuinely exercised;
Amendment 18 #
2008/2234(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that Member States should incorporate the European dimension into school syllabuses at primary and secondary levels;
Amendment 20 #
2008/2234(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for women to participate on a larger scale in politics and decision-taking so as to promote European integration; to that end, believes that they need to be the target of more clear-cut awareness campaigns, the object being to enable them to exercise their rights as EU citizens to the full and be more active within political groupings, in politics, and in connection with the work of local authorities in their countries of residence;
Amendment 22 #
2008/2234(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s initiative to promote knowledge of the new rules set out in the Free Movement Directive, including the publication of the Guide to the Directive, andbut regrets the fact that the 16 000 copies of the ‘Guide on how to get the best out of Directive 2004/38/EC’, published in 19 languages, are too small a quantity compared with the total number of people living in the EU; calls on the Commission to ensure that this information is made widely available to local and regional authorities, which are the first source of information for many citizens and as it is at local levels where most problems and infringements of EU citizens’ rights take place;
Amendment 26 #
2008/2234(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers the integration of immigrants to be a basic prerequisite for the exercise of their rights in their countries of residence; calls, therefore, on the Member States to give rapid and full effect to the recommendations set out in the Commission communication of 1 September 2005 entitled ‘A Common Agenda for Integration of Third-Country Nationals in the European Union’ (COM(2005)0389);
Amendment 28 #
2008/2234(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that it would be desirable to encourage an exchange of experiences regarding the naturalisation systems existing in the various Member States with a view to achieving closer coordination of the eligibility criteria and procedures for EU citizenship – without encroaching on the power of individual Member States to determine the ways of acquiring and losing citizenship – and hence to reducing the instances of discrimination inherent in the different legal systems;
Amendment 34 #
2008/2234(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to make funding available for the training of Member States’ local and regional civil servants who deal with intra-EU migrants in the basics of the EC legislation that applies in their respective fields, and to help administrations in answering questions concerning possible differences and conflicts between national and EC legislation; in this respect welcomes the SOLVIT online problem-solving network provided by the Commission and calls for it to be further strengthened and promoted; hopes that, by increasing human as well as financial resources, Member States will help to bolster the national SOLVIT centres;
Amendment 36 #
2008/2234(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that the right of free movement is a linchpin of EU citizenship and therefore finds it highly disturbing that no Member State has yet fully and properly implemented the Free Movement Directive;
Amendment 38 #
2008/2234(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 40 #
2008/2234(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Member States, when giving effect to the right to free movement, to refrain from encumbering EU citizens and their family members with red tape that would be unwarranted to the extent that it is not expressly laid down in the Free Movement Directive and is contrary to Community law and would impede the exercise of a right which, leaving aside the performance of administrative procedures, is provided for as such in the Treaty; points out to the Member States that they have a duty to facilitate completion of the administrative procedures linked to the exercise of the right of free movement;
Amendment 41 #
2008/2234(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the Member States to refrain from adopting legislative acts imposing penalties that would be excessively harsh or discriminatory in relation to EU citizens, such as, for example, detention in the event of removal from the territory of a host Member State, invoking an aggravating circumstance on the grounds that an EU citizen who had committed an offence had previously resided illegally in another Member State, or automatic removal of an EU citizen because he or she had been convicted of a criminal offence;
Amendment 42 #
2008/2234(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Points out that the right to move and reside freely within EU territory will be impossible to exercise to the full unless, among other measures, an effective system is established for the recognition of professional qualifications; therefore urges the Commission and the Member States, acting within their respective spheres of responsibility, to enable greater numbers of EU citizens holding professional qualifications obtained in one Member State to be admitted to a corresponding profession in another Member State and to practise that profession on the same terms as citizens of the latter country;
Amendment 44 #
2008/2234(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Maintains that granting the right to vote and stand for election in local elections in the Member State of residence is a sine qua non for any effective policy to integrate immigrants;
Amendment 47 #
2008/2234(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 51 #
2008/2234(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that the rise and spread of political parties at European level is the most effective way to underpin the right to stand for election for an EU citizen living in one Member State and having the nationality of another; hopes, therefore, that Europe-wide parties will be strengthened, not least through greater financial support;
Amendment 58 #
2008/2234(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the fact that the European Union Agency for Fundamental Rights has been set up and the adoption of Council Decision 2007/252/JHA of 19 April 2007 establishing for the period 2007-2013 the specific programme Fundamental rights and citizenship as part of the General programme Fundamental Rights and Justice1, the purpose of which is to promote the development of a European society founded on respect for fundamental rights, including the rights deriving from EU citizenship;
Amendment 49 #
2008/0140(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 56 #
2008/0140(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) Discrimination, including multiple discrimination, is understood to include direct and indirect discrimination, harassment, instructions to discriminate and, denial of reasonable accommodation, discrimination based on assumptions and discrimination by association.
Amendment 58 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Amendment 64 #
2008/0140(CNS)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Effective non-discriminatory access can be provided by a variety of means, including through "design for all" and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access.
Amendment 67 #
2008/0140(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientationAs discrimination can occur on multiple grounds, in implementing the principle of equal treatment, the Community should, in accordance with Articles 3(2) and 13 of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of relating to sex, race or ethnic origin, disability, sexual orientation, religion or belief, or age, or a combination of these, and to promote equality, whatever combination of the above mentioned characteristics. When implementing the provisions of this Directive, Member States should take into account multiple discrimination.
Amendment 80 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk.
Amendment 94 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws on marital or family status, including on reproductive rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 109 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provideNotwithstanding the right to education, Member States may allow for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 113 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 117 #
2008/0140(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden.
Amendment 118 #
2008/0140(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The prohibition of discrimination should be without prejudice to the maintenance or adoption by Member States of measures intended to prevent or compensate for disadvantages suffered by a group of persons of a particular religion or belief, disability, age or sexual orientation. Such measures may permi, or having a combination of these specific characteristics, and persons associated with them. This may be accompanied by measures designed to promote equal treatment and equal opportunities which take account of the gender dimension and affirmative actions aimed at meeting the special needs of persons or categories of persons who, because of their characteristics, require structures, services and assistance not required by others. Such measures shall be accompanied by the establishment of independent organisations of persons of a particular religion or belief, disability, age or sexual orientation where their main object is the promotion of the special needs of those persons.
Amendment 127 #
2008/0140(CNS)
Proposal for a directive
Recital 27
Recital 27
(27) Experience in applying Directives 2000/43/EC, 2000/78/EC and 2004/113/EC show that protection from discrimination on the grounds covered by this Directive would be strengthened by the existence of an independent body or bodies in each Member State, for each of the various factors of discrimination, with competence to analyse the problems involved, to study possible solutions, provide information and training and to provide concrete assistance for the victims, including in cases of multiple discrimination so that persons who consider themselves to be victims of multiple discrimination can choose which body to apply to - and also appoint to defend them in judicial or administrative proceedings.
Amendment 129 #
2008/0140(CNS)
Proposal for a directive
Article 1
Article 1
1. This Directive lays down a framework for combating discrimination, including multiple discrimination, on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation. 2. Multiple discrimination occurs when discrimination is (a) on any combination of the grounds of religion or belief, disability, age, or sexual orientation, or (b) any one or more of the grounds set out in Article 1(1), and also on the ground of any one or more of (i) sex (in so far as the matter complained of is within the material scope of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services as well as this Directive), (ii) racial or ethnic origin (in so far as the matter complained of is within the material scope of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin as well as this Directive), or 3. In this Directive multiple discrimination and multiple grounds shall be construed accordingly.
Amendment 134 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purposes of this Directive, the "principle of equal treatment" shall mean that there shall be no direct or indirect discrimination, multiple discrimination or discrimination by association, on any of the grounds referred to in Article 1.
Amendment 136 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 2 – point (a)
Article 2 – paragraph 2 – point (a)
(a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on anyone of more of the grounds referred to in Article 1;
Amendment 143 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 2 – point (b a) (new)
Article 2 – paragraph 2 – point (b a) (new)
(bb) discrimination by association shall be taken to occur when a person suffers adverse effects as a result of being directly associated with persons of a particular religion or belief, disability, age or sexual orientation. Discrimination by association shall concern persons associated – or presumed to be associated – by emotional ties – not necessarily living together and regardless of formal legal status through marriage or affiliation – with persons of a particular religion or belief, disability, age or particular sexual orientation.
Amendment 151 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. HNotwithstanding the freedom of speech, harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 154 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Sexual harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct with sexual connotations, expressed in physical, verbal or non- verbal form, takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 156 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. An instruction to discriminate against persons on anyone or more of the grounds referred to in Article 1 shall be deemed to be discrimination within the meaning of paragraph 1.
Amendment 162 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Denial of reasonable accommodation in a particular case as provided for by Article 4 (1)(b) of the present Directive as regards persons with disabilities shall be deemed to be discrimination or persons associated with them within the meaning of paragraph 1.
Amendment 169 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or servicesortionate and necessary.
Amendment 195 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 205 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 207 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is wWithout prejudice to national laws on marital or family status and reproductive rightsthe competence of the Member States for matters relating to marital or family status and reproductive rights, this Directive shall apply to de facto partnerships and civil unions, where these are recognised by the laws of the Member States, and to the social benefits deriving therefrom.
Amendment 226 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Notwithstanding the right to education, Member States may provideallow for differences in treatment in access to educational institutions based on religion or belief when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 243 #
2008/0140(CNS)
Proposal for a directive
Article 4 – title
Article 4 – title
Equal treatment of persons with Equal treatment and disability disabilities
Amendment 244 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. In order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities and those connected to them or caring for them:
Amendment 245 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or require the provision of alternatives thereto.
Amendment 259 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities. The burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 270 #
2008/0140(CNS)
Proposal for a directive
Article 5
Article 5
Amendment 277 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurredalleged discrimination has ended.
Amendment 284 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to national rules relating toThe time limits for bringing actions as regards the principle of equality of treatmentshall be … days throughout the territory of the EU.
Amendment 296 #
2008/0140(CNS)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
With a view to promoting the principle of equal treatment, Member States shall organise ad hoc information and awareness campaigns and training sessions as part of educational programmes.
Amendment 301 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent functioning body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, includingthe rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 305 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate a body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC, 2000/78/EC and 2004/113/EC.
Amendment 311 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 2 – indent 3 a (new)
Article 12 – paragraph 2 – indent 3 a (new)
- organising awareness and information campaigns and training programmes.
Amendment 315 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 2a (new)
Article 12 – paragraph 2a (new)
2a. Member States shall ensure a level of funding appropriate to the competences of those bodies with a view to ensuring their operationality and independence.
Amendment 324 #
2008/0140(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In order to take account of particular conditions, Member States may, if necessary, establish that the obligacomply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of article 4.1(a), Member States may, if necessary, have an additional period of 10 years [from the deadline for transposition] to provide effective access as set out in Article 4 has to bcomply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive complianced with by … [at the latest] four [years after adoption]. the requirements found in article 4.1(a), including targets, means and timeline. Any Member States wishinghich chooses to use this additional period shall informreport annually to the Commission aton the latest by the date set down in paragraph 1 giving reasonssteps taken to provide effective non- discriminatory access and on the progress towards implementation of article 4(1)(a). The Commission shall report annually to the Council.
Amendment 327 #
2008/0140(CNS)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The European Commission shall propose a new directive in which all of the separate directives based on article 13 EC will be assembled by .... at the latest [2 years after adoption]. In this new directive all grounds for discrimination will enjoy the same level of protection.
Amendment 22 #
2007/2145(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. 11. Calls on the Council to incorporate in its future, in addition to the Council's annual reports on human rights in the world an analysi, for Parliament to present annual reports ofn the situation in the world and in each Member Statehuman rights situation in each Member State, based on specific studies requested from the European Union Agency for Fundamental Rights; takes the view that a twin analysis of this kind would highlight the Union’s equal commitment to protecting human rights both inside and outside its borders, so as to ward off any accusations of double standards;
Amendment 24 #
2007/2145(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 25 #
2007/2145(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that it regards it as essential in political terms to incorporate the idea of promoting fundamental rights among the aims to be pursued when simplifying or restructuring the acquis communautaire; calls for every new policy, legislative proposal and programme to be accompanied by an impact assessment concerning respect for fundamental rights and for that assessment to form an integral part of the justification for the proposal and hopes that the Member States will also adopt similar impact assessment instruments in the subsequent transposition of Community law into domestic law;
Amendment 29 #
2007/2145(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Draws attention to the major role played by the Council of Europe’s institutions and monitoring mechanisms and its various conventions in the area of human rights; urges the EU institutions and the Agency, as well as the Member States themselves, to draw on that experience, to take account of those mechanisms by incorporating them into networking procedures and to use the standards developed by the Council of Europe and the other tangible results of its work; calls for the potential offered by the Memorandum of Understanding between the Council of Europe and the European Union to be exploited to the full;
Amendment 43 #
2007/2145(INI)
Motion for a resolution
Paragraph 30
Paragraph 30