20 Amendments of Rui TAVARES related to 2013/2024(INI)
Amendment 17 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the Commission, therefore, to assume its role in framing policies and setting legislative priorities and to make use of its right to propose legislation whenever necessary in order to guarantee a holistic and coherent approach to the Area of Freedom, Justice and Security; states, at the same time, its opposition to any return to the intergovernmental approach which characterised the era prior to the entry into force of the Treaty of Lisbon;
Amendment 60 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls urgently for measures to address the so-called Copenhagen dilemma, describing a situation in which the Union sets high standards for candidate countries to meet but lacks tools for Member States; announces its intention to set up a Copenhagen Commission within the Committee on Civil Liberties, Justice and Home Affairs; urges the Commission to adopt a country by country approach to monitoring and reporting the situation of fundamental rights within EU member states; calls on the Commission to expand its initiative to create a Justice Scoreboard, to include apart from justice, the rule of law.
Amendment 64 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reiterates the calls it made, in its resolution of 12 December 2012 on the situation of fundamental rights in the European Union (2010- 2011), for the establishment of a new mechanism to ensure compliance by all Member States with the common values enshrined in Article 2 TEU, and the continuity of the 'Copenhagen criteria'; this mechanism could assume the form of a 'Copenhagen Commission' or high-level group, a 'group of wise men' or an Article 70 TFEU evaluation, and build up on the reforming and strengthening of the mandate of the European Union Agency for Fundamental Rights, and on the framework of a strengthened Commission-Council-European Parliament-Member States dialogue on measures to be taken;
Amendment 65 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Reiterates that the setting up of such a mechanism could involve a rethinking of the mandate of the European Union Agency for Fundamental Rights, which should be enhanced to include regular monitoring of Member States' compliance with Article 2 TEU; recommends that such a 'Copenhagen high-level group' or any such mechanism should build on and cooperate with existing mechanisms and structures; recalls the role of the European Union Agency for Fundamental Rights, which could bring together the highly valuable work of the various existing Council of Europe monitoring bodies and the Agency's own data and analysis in order to carry out independent, comparative and regular assessments of the EU Member States' compliance with Article 2 TEU.
Amendment 66 #
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Reiterates its call for the Commission to create – as soon as risks of violations of Article 2 TEU are identified – an ' Article 2 TEU/ Alarm Agenda' , i.e. a Union values monitoring mechanism, to be dealt with by the Commission with exclusive priority and urgency, coordinated at the highest political level and taken fully into account in the various EU sectoral policies, until full compliance with Article 2 TEU is restored and any risks of violation thereof are defused, as also envisaged in the letter of the Foreign Affairs Ministers of four Member States raising with the President of the Commission the need to develop a new and more effective method of safeguarding fundamental values in order to place greater emphasis on promoting a culture of respect for the rule of law, taken into account by the Council conclusions on fundamental rights and rule of law and on the Commission 2012 Report on the Application of the Charter of Fundamental Rights of the European Union of 6 and 7 June 2013;
Amendment 80 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Considers that a proper accountability process is crucial to protect and promote human rights effectively in the EU's internal and external policies and to ensure legitimate and effective security policies based on the rule of law; calls on the Commission to propose an accountability mechanism aimed at strengthening the EU and Member States' capacity to prevent, investigate and redress human rights violations at EU level, notably those committed in the context of the CIA programme
Amendment 83 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Considers that greater attention is needed to respond to the particular situation of vulnerable groups, as mentioned in point 2.3.3. of the Stockholm Programme and in strengthening the fight against racism, xenophobia, anti-Semitism, Islamophobia, Afrophobia, anti-Gypsyism, and homophobia in the European Union;
Amendment 112 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that mutual recognition requires that citizens and legal professionals trust each other's legal institutions; notes that the strengthening of a truly European legal culture that is fully respectful of fundamental rights as set out in the Charter of Fundamental Rights of the European Union, the principles of subsidiary and of judicial independence, the establishment of common standards and an understanding of other legal systems plays a very important role in underpinning mutual recognition and trust; points out that mutual recognition and trust can lead to gradual changes in national civil law traditions through an exchange of best practices between Member States;
Amendment 124 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. AcknowledgRecognises the progress madthat has been made to date with the roadmap for strengthening procedural rights in criminal proceedings, but regrets that key proposals on legal aid and vulnerable suspects are outstanding and that the level of ambiof suspects and accused persons in criminal proceedings, including the adoption of Directives on the right to interpretation and translation and on the right to information in criminal proceedings, and the agreement of a Directive on the right of access to a lawyer in criminal proceedings (the Roadmap Directives) and reiterates that these measures are crucial to the proper functioning of the Council seems to be decreasing more and more;EU mutual recognition crime cooperation measures such as the European Arrest Warrant and that continuing progress on the protection of the rights of suspects and defendants is essential.
Amendment 130 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Regrets that key proposals set out in the roadmap for strengthening procedural rights of suspects and accused persons in criminal proceedings remain outstanding and recognises the need for proposals on, and the conclusion of, the remaining measures on legal aid and vulnerable suspects; strongly believes that legal aid in particular must be effectively guaranteed to ensure effective implementation of the Roadmap Directives, and particularly the Directive on the right to access a lawyer.
Amendment 135 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Regrets that further work remains outstanding in relation to pre-trial detention, administrative detention and the detention of minors, in relation to which standards in many Member States fall short of human rights and other international standards; recognises the need for an assessment of the effectiveness of non-legislative work on existing Framework Decisions, the widespread recognition of problems with pre-trial detention law and practice across Europe identified as part of the Commission's consultation, and a commitment to revisit the case for establishing minimum and enforceable standards in relation to pre-trial detention through legislative action; calls on the Commission to revisit the case for establishing minimum and enforceable standards in relation to pre-trial detention, administrative detention and detention of minors through legislative action.
Amendment 142 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Believes that mutual trust between the Member States must be strengthened andthe protection of the procedural rights of suspects and accused persons is a necessary precondition to the strengthening of mutual trust between Member States; recognises that each of the Roadmap Directives must be implemented effectively to ensure that they improve standards of criminal justice across the EU, by working with Member States towards full transposition into domestic law and by providing training to government officials, judges, prosecutors and defence practitioners; believes that mutual recognition and harmonisation of EU criminal law cannot progress without serious feed-back on the implementation of these rules at Member State level;
Amendment 148 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Recognises that implementation of the Roadmap Directives already adopted, progress on any unfinished measures, and the consideration of suspects' rights protections beyond those included in the Stockholm Programme, will all require action beyond the time period allotted for that Programme, and must therefore remain high on the agenda for the next legislative period.
Amendment 163 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Urges the Commission to intensify and reinforce its efforts to protect the financial interests of the Union and to complete delayed reform of the European Anti-Fraud Office fully integrating data protection and suspects rights and basing itself on proper criminal definitions;
Amendment 167 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Finds it regrettable that the Commission's second communication on the implementation of the ISS, of 10 April 2013, expresses scant criticism of activities carried out under the ISS, reasserting the same priorities as its initial communication of November 2010 and failing, in particular, to take account of the consequences of the incorporation of the Charter of Fundamental Rights, most of the provisions of which apply not only to EU citizens but to everyone on EU territory;
Amendment 178 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Urges a comprehensive agreement on the Data protection package which ensures a uniform and high level of protection for data subjects and a level playing field for business; insists that this is a precondition for free trade and police and judicial cooperation;
Amendment 187 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Rejects the notion of predictive policing without an initial suspicion, in particular the EU PNR proposal and the idea of an EU Terrorist Finance Tracking System; calls on the Commission to repeal the Data Retention Directive;
Amendment 204 #
Motion for a resolution
Paragraph 37
Paragraph 37
37. Welcomes the conclusion of the negotiations on the Schengen Governance Package; cCalls on the Commission fully to play its roles as coordinator of the Schengen evaluations and as guardian of the Treaty, in order to avoid any situation that could endanger the functioning of the Schengen area; repeats its position that the Schengen area should, without further delay, be enlarged to include Romania and Bulgaria;
Amendment 213 #
Motion for a resolution
Paragraph 39
Paragraph 39
39. Acknowledges that the Schengen area is a kind of laboratory that so far has been developed step by step; is nevertheless of the opinion that a long-term reflection about its further development is necessary; believes that the Schengen external borders should in the future be guarded by European border guon the basis of the highest common standards;.
Amendment 311 #
Motion for a resolution
Paragraph 55
Paragraph 55
55. Is of the opinion that guidance, coherence and benchmarks for the area of freedom, security and justice are necessary, to truly safeguard the rights of the citizens, and should be ensured in accordance with Article 17(1) TEU; proposes that the multiannual programming be agreed by the three institutions in accordance with this provision of the TEU; looks to the Commission to take appropriate steps to bring this about and to submit a proposal on that basis;