7 Amendments of Liisa JAAKONSAARI related to 2015/0281(COD)
Amendment 190 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 196 #
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offenceach case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 206 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Human rights and fundamental principles 1. Member States shall ensure that the implementation of this Directive is carried out while respecting human rights obligations, in particular the freedom of movement, freedom of expression and information, freedom of association and freedom of thought, conscience and religion as set forth in the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights and other obligations under international law. 2. Member States are not required to take measures in contradiction of constitutional rules relating to freedom of the press and freedom of expression in other media governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 3. The establishment, implementation and application of the criminalisation under this Directive should furthermore be subject to the principle of proportionality, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discriminatory or racist treatment. 4. Nothing in this Directive shall affect rights, obligations and responsibilities of a Member State and individuals under international law, including international humanitarian law. The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Directive, and the activities undertaken by military forces of a Member State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Directive.
Amendment 259 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 294 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s)s referred to in Articles 3 to 10 and 12 to 14 or 16, 4 and 9 is punishable as a criminal offence when committed intentionally.
Amendment 324 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 360 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.