Activities of Louis MICHEL related to 2017/2125(INI)
Shadow reports (1)
REPORT on the situation of fundamental rights in the EU in 2016 PDF (333 KB) DOC (70 KB)
Amendments (41)
Amendment 60 #
Motion for a resolution
Recital A
Recital A
A. whereas the basis for European integration is the upholding and promotion of human rights, fundamental freedoms, democracy, the rule of law and the values and principles enshrined in the European treaties and international human rights instruments;
Amendment 76 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the values referred to in Article 2 are shared by all the Member States and by virtue of Article 49 TEU, candidate States should not only uphold these values but also actively promote them; whereas the obligation to uphold and promote these values still applies after a State’s accession;
Amendment 81 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the Union is a law-based community within which the principles of democracy, the rule of law and fundamental rights should be continually consolidated and whereas any attempt to undermine these principles is to the detriment not only of the Member State concerned but also of the Union as a whole;
Amendment 83 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in its conclusions of 16 October 2017, the Council reaffirmed its commitment to the promotion of human rights and democratic principles; whereas the Union promotes the rule of law and fundamental rights in its foreign policy – particularly regarding candidate countries – and whereas the coherence and credibility of its actions require the thorough monitoring of the rule of law and fundamental rights within the Union itself;
Amendment 90 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the 2017 State of the Union address, President Juncker stressed the importance of respecting European values and recalled that the independence of national courts is a pillar of the rule of law; whereas he also pointed out that the Member States had given final jurisdiction to the Court of Justice of the European Union and that its judgements should be respected by all;
Amendment 140 #
Motion for a resolution
Recital F
Recital F
F. whereas the ongoing wave of terrorist attacks across the EU has fuelled widespread mistrust of Muslim migrants, and whereas certain political parties are exploiting this mistrust and employing the rhetoric of cultural isolationism and hatred of those who are different, which goes against EU values;
Amendment 155 #
Motion for a resolution
Recital H
Recital H
H. whereas the political measures taken by a number of Member States in response to the ongoing influx of migrants include the reintroduction of internal border controls in the Schengen area, a step which is increasingly seen as permanent rather than just temporary and which is incompatible with EU integration;
Amendment 178 #
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afrophobia, whether expressed in the form of hate crimes, anonymous messages spread on social networks, including anonymous messages, protests or political propaganda, willare comeing to be seen as normal in the Member States;
Amendment 205 #
Motion for a resolution
Subheading 1
Subheading 1
Rule of law and governance
Amendment 209 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the principles of governance which inspired the introductory articles of the European Treaties which every Member State has willingly endorsed and committed themselves to respect;
Amendment 211 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the EU’s shared values constitute the foundations of European integration and underpin its legitimacy; takes the view, therefore, that, even during periods marked by a wave of challenges affecting the Union, it should be able to ensure that all the Member States continue to uphold these values;
Amendment 214 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that compliance with the Copenhagen Criteria by the States at the time of their accession to the EU is not an irreversible achievement and that constant monitoring and dialogue are necessary; recognises in this respect the great responsibility incumbent on the Commission as guardian of the Treaties, on the European Parliament as the directly elected assembly representing EU citizens, and on the Council within which all the Member States should be able to discuss matters on equal terms;
Amendment 215 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that Article 17(1) TEU assigns the Commission the role of guardian of the Treaties and, accordingly, it has the validity and authority to ensure that all the Member States are upholding the principles of the rule of law and the other values referred to in Article 2 TEU; considers, therefore, that the measures taken by the Commission to carry out the task and to ensure that the conditions which existed before a Member State’s accession are still being fulfilled, do not violate the sovereignty of the Member States;
Amendment 217 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls the responsibility of the Council itself to be involved in matters of rule of law and governance; welcomes the idea of holding regular talks on the rule of law within the General Affairs Council and the readiness of a number of Member States to undertake initiatives to strengthen discussions on the rule of law and to address the matter in a constructive way; calls on the Council to continue down this path so that every Member State is subjected to regular evaluation;
Amendment 219 #
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Considers that the abuses observed in certain Member States over several years are serious violations of the values referred to in Article 2 TEU; takes the view that the lack of results achieved from trying to address those situations undermines the EU’s credibility in the eyes of the other Member States, candidate countries and the rest of the international community; is concerned that the impunity for the observed abuses encourages other Member States to go down the same path; worries about the risk of certain Member States forming a coalition to block any EU attempt to tackle the issues in the Member States concerned; considers that the unanimity rule makes it impossible to impose any sanctions and that the impossibility of using sanctions after all channels for dialogue have been exhausted compromises the effectiveness of any preventive measures taken by the EU in this area;
Amendment 221 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the Commission’s efforts to ensure that all Member States fully uphold the rule of law, but also the ineffectiveness of the instruments used thus far; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; and welcomes its intention to keep dialogue and exchanges with the Member States active and alive, but notes nonetheless the ineffectiveness of the instruments used thus far; considers that all channels of dialogue should be explored but that, without tangible results, they should not be prolonged indefinitely once it is clear that the heads of the Member States concerned are not interested in addressing the situation; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; recalls in that regard that the activation of Article 7 does not automatically mean that sanctions will be imposed on the Member State concerned; stresses that the first phase of activation involves, first and foremost, dialogue between the Council and the Member State concerned given that the latter has the right to be heard by the Council and can receive recommendations; recalls that this ‘preventive’ phase was created specifically to give the EU the ability to act swiftly to avoid resorting to sanctions;
Amendment 225 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the required unanimity and the imprecise nature of the possible sanctions referred to in Article 7 TEU contribute to the hypothetical character of the Article; considers that the question of sanctions should be discussed formally within and between the institutions;
Amendment 229 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressesConsiders that the differences of interpretation and the non-compliance with the values referred to in Article 2 TEU pose a considerable risk to the cohesion of the European project, the rights of all Europeans and the mutual confidence needed between the Member States; stresses therefore that the EU needs a common approach to governance, which does not yet exist, and which must be developed by pooling experiences of European governance and by EU citizens and their leaders adopting it;
Amendment 234 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that this common approach to governance should include a common understanding of the role of the majority within a democracy to prevent abuses which could lead to a tyranny of the majority; takes the view that in a healthy democracy parliamentary debate and procedures are always respected and voices from civil society and the opposition are always listened to;
Amendment 235 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 236 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes the proposals made by Commissioner Jourová during her speech of 31 October 2017 which focused on the instruments needed to improve compliance with the rule of law within the EU; notes in particular the idea of creating stronger conditionality between the rule of law and the Cohesion Fund; considers it timely for the matter to be discussed by the institutions;
Amendment 237 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes the Rule of Law Checklist adopted by the Venice Commission as endorsed by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe; considers that the six- criterion list should be a practical and objective tool for monitoring compliance with the rule of law;
Amendment 238 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Recalls the intrinsic link that exists between the rule of law and fundamental rights; notes the strong mobilisations of EU citizens through which they show their strong commitment to fundamental rights and European values; considers that EU citizens’ confidence in the European project will largely depend on the ability of the EU institutions to act as spokesperson for all EU citizens in that area and to become guarantor of those values;
Amendment 239 #
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Recalls the need to make all Europeans more aware of the EU’s common values and the Charter on which their rights are based and of the impact that going against these values would have on their daily lives;
Amendment 241 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. PStresses the importance of monitoring the situation in every Member State, as recognised by the Commission in its 2003 communication1a; points out that in its resolution of 25 October 20161 it recommends the establishment of a European mechanism for democracy, the rule of law and fundamental rights; points out that this mechanism would be central to the coordinated European approach to governance which is currently lacking; _________________ 1Texts Adopted for that date, P8_TA(2016)0409.a Communication (2003)606 on Article 7 of the Treaty on European Union. Respect for and promotion of the values on which the European Union is based
Amendment 295 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view, therefore, that a clear distinction should be drawn between migrants who can legitimately claim refugee status and those who cannot; calls for migrants to be identified and for their requests for entry into the EU to be processed before they come;
Amendment 306 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly condemns the upsurge in the trafficking of human beings in Africa and towards Europe, the perpetrators of which – including official and governmental players – should be made to feel the full force of the law; recalls that children make up almost a third of asylum seekers and are particularly vulnerable; calls on the EU and on its Member States to step up their efforts to prevent unaccompanied minors from going missing and to stop them from falling into the hands of criminal networks;
Amendment 315 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that the number of refugees in the world is ever growing, calls on the EU and the Member States to strengthen the legal channels for refugees and, in particular, to increase the number of reinstallation places offered to the most vulnerable refugees;
Amendment 331 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the return policy should fully comply with migrants’ fundamental rights including the right of non-refoulement; considers that the necessary attention should be given to the dignity of individuals being returned and asks, in this regard, that voluntary returns and assistance for reintegration into the societies of origin are strengthened;
Amendment 340 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the imperative need for persons of Islamic faith and culture, including those who have already been living here for a long time, to be integrated as effectively as possible into European society; stresses that integration of this kind will be the best way to tackle Islamic radicalisation in Europewelcomes the launch of the European Integration network, calls on the EU to step up and promote the exchange of best practices between Member States regarding the integration of migrants and to increase the involvement of migrants and civil society in the exchanges;
Amendment 358 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the importance of guaranteeing the right to an education for immigrant children as a necessity for their personal development and for their integration into the host society; calls on the Member States to ensure that immigrant children go to school whilst taking into account their specific needs, particularly in terms of language learning; Stresses the need for measures to be taken as a matter of priority in all the Member States to give immigrant children access to education, language learning, healthcare, good living conditions and the opportunity to be reunited with their family;
Amendment 441 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that particular attention should be paid to the situation of women and the rights of women in the EU, be they immigrants, victims of abuse or modern slavery, alone or accompanied by children; points out that the EU and the Member States must set an example in this regard; urges the Member States to step up their efforts to combat sexual harassment and sexual aggression;
Amendment 466 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses concern at the rhetoric of hatred and fear directed at migrants entering Europe and the upsurge in anti- Islamic, anti-Semitic and anti-African rhetoric; condemns the normalisation of this discourse, including in the political sphere, and recalls that the fight against these phenomena relies on education and public awareness; calls on the Member States to introduce awareness-raising programmes in schools and urges the Commission to support the efforts made by Member States in this regard, particularly by creating guidelines for this process;
Amendment 481 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that social networks and the anonymity guaranteed by many different media platforms encourage many forms of expression of hatred, from jihadist preaching to anti-Islam speech, recalls that the internet cannot constitute a lawless area, and calls for this phenomenon to be curbed through closer monitoring and the identification and prosecution of the authors of statements or words incompatible with European culture and law; calls for social networks to be used to their full potential to spread counter arguments in a bid to promote equality and combat the rhetoric of hatred and intolerance online; believes that European funds should be fully utilised to support the efforts made by Member States in this regard;
Amendment 489 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that internet users are becoming younger and younger; insists on the need to include education about the value of tolerance in the school curriculum to provide children with the tools they need to identify hate speech and intolerance, whether of an anti-Muslim, anti-Semitic, anti-African, anti-Roma or anti-LGBTI nature or aimed at any other minority;
Amendment 491 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Believes that awareness of hate crimes should be systematised among police officers and judicial authorities in the Member States, and that the victims of these crimes should be advised and encouraged to report the incidents;
Amendment 492 #
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Welcomes the fact that the European Commission created a high- level group to combat racism, xenophobia and other forms of intolerance, consisting of two sub-groups, one dedicated to combating hate speech online and the other to improving the collection of data linked to hate crimes; calls on this high- level group to work in particular on issues relating to the harmonisation of the definition of 'hate crime' and 'hate speech' across Europe; believes that the group should also address hate speech and incitement to violence that can be attributed to political figures;
Amendment 493 #
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Is concerned by the rise of openly racist political parties that advocate hatred and identitarian closure; believes that these parties are in contravention of the very idea of a European Union based on equality and lessons from the past; believes that the rise of these parties demonstrates the need for the EU to further emphasise the values upon which the European project is founded to ensure that each and every citizen feels invested in it; calls on the Commission to become more vigilant the moment these parties get close to power, given that they pose a direct threat to fundamental European rights and values as a whole;
Amendment 521 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Persons with disabilities Welcomes the progress in implementing the CRPD and the recent legislative advances geared towards improving accessibility for persons with disabilities; calls on the EU and the Member States to move forward on the issue of mutual status recognition between the Member States for persons with disabilities;
Amendment 534 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Women’s rights Welcomes the fact that every Member State has signed the Istanbul Convention and the European Union has acceded; calls on the Member States that have not yet ratified the convention to proceed in doing so;
Amendment 542 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Rights of minorities and discrimination Recalls that human rights are universal and no minority should suffer discrimination; stresses the need to encourage victims to report cases of discrimination and invites the EU and the Member States to step up their efforts in this regard; recalls, further, the importance of addressing the issue of discrimination against those who belong to several minorities and of raising awareness of their rights among minorities and legal professionals;