18 Amendments of Cornelia ERNST related to 2014/2254(INI)
Amendment 42 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the judgment of the Court of Justice of the European Union of 8 April 2014 in joined cases C-293/12 and C-594/12 (Digital Rights Ireland and Seitlinger and Others), which annulled Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC,
Amendment 59 #
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 4 July 2013 on the US National Security Agency (NSA) surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ privacy, in which it instructed its Committee on Civil Liberties, Justice and Home Affairs to conduct an in-depth inquiry into the matter, and to its resolution of 12 March 2014 on the NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights,
Amendment 63 #
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
– having regard to its resolution of 25 November 2014 on seeking an opinion from the Court of Justice on the compatibility with the Treaties and the EU Charter of Fundamental Rights of the EU-Canada PNR Agreement,
Amendment 118 #
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter security, and whereas necessity and proportionality must be the overriding principles in this area so as to prevent policy actions from infringing civil liberties;
Amendment 147 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas personal data protection provisions should uphold the principles of purpose, necessity and proportionality, including in the context of negotiations and the conclusion of international agreements, as pointed up by the European Court of Justice judgment of 6 April 2014 quashing Directive 2006/24/EC and by the opinions of the European Data Protection Supervisor;
Amendment 150 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the rapid pace of change in the digital world (including increased use of the internet, apps and social networks) necessitates more effective safeguards for personal data and privacy in order to guarantee confidentiality and protection;
Amendment 153 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas almost 3 500 migrants died or went missing in 2014 while attempting to reach Europe, bringing the total number of dead and missing over the last 20 years to nearly 30 000; whereas, according to the International Organisation for Migration, the migratory route towards Europe has become the world's most dangerous route for migrants;
Amendment 278 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses concern at the alarming increase in the number of violations of fundamental rights in the EU, in particular in the areas of immigration and asylum, discrimination and intolerance – especially towards certain communities – and in the number of instances of attacks being carried out and of pressure being exerted on the NGOs which defend the rights of these groups and communities; notes Member States’ unwillingness to ensure that these fundamental rights and freedoms are observed, in particular as regards Roma people, women, the LGBTI community, asylum seekers, immigrants and other vulnerable groups;
Amendment 280 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises that democracy and the rule of law are based on respect for fundamental rights and freedoms and that any steps taken to counter terrorism or crime must not undermine fundamental rights in the EU; expresses concern at the developments concerning fundamental rights in the context of cross-border cooperation and the constant creation of new digital databases containing personal data;
Amendment 282 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Expresses concern that in the name of fighting terrorism the public authorities are more and more frequently resorting to administrative measures that are incompatible with the principles and procedures which underpin the rule of law and that policies devised to combat terrorism are being used to address a growing number of crimes and offences, giving rise in particular to an increase in the number of summary judicial proceedings and the imposition of minimum sentences that must be served in full; emphasises the need for EU agencies operating in the field of security and intelligence to uphold fundamental rights, and calls for a revision of the laws governing these EU and Member State agencies which focuses, in particular, on judicial review prior to the imposition of penalties, parliamentary scrutiny, the right of appeal and the right to rectify data;
Amendment 284 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Council, the Member States concerned and the Commission to respond to Parliament’s recommendations on the consequences of letting the CIA programme operate in some Member States;
Amendment 285 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls, at the very least, in view of the violations of the right to data protection and the right to privacy which were committed as part of the NSA-Prism programme and uncovered by Edward Snowden, for the various agreements concluded with the USA in particular to be suspended, as they are not compatible with the data protection and privacy standards laid down by the EU and the Council of Europe; criticises the fact that the files held by institutions are not only multiplying, but are increasingly being used for purposes which bear no relationship to those for which they were originally intended; expresses concern for citizens’ rights in the context of the conservation and accessing of electronic communications data;
Amendment 286 #
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Expresses serious concern at the difficulty most internet users have in ensuring that their rights are respected on the internet and in the digital sphere; condemns the delay in adopting the revised EU legislation on data protection and the failure on the part of the EU and its Member States to push for the creation of an international framework to protect human rights in the digital sphere;
Amendment 287 #
Motion for a resolution
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Deplores the pressure placed on private companies by both public and private bodies to hand over internet users’ data, control internet content or jeopardise the principle of net neutrality;
Amendment 317 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is concerned about the recent laws approved in some Member States such as the new Spanish law on Citizenship Security 4/2015, increasing repression measures against social movements and demonstrations thus jeopardizing the right of assembly and of association as established in the Article 12 of the Fundamental Right Charter of the European Union. Calls on the Spanish Government to repeal the law;
Amendment 318 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is concerned about recent ruling by the Spanish Supreme Court number 161/2015 condemning to three years of prison 8 activists who were demonstrating against the new budgetary cuts of the Catalan Government;
Amendment 344 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that antiterrorism policies have contributed to the introduction of a particularly repressive system of enforcement being applied to all citizens and not only those under suspicion or investigation for involvement in wrongdoing and is alarmed at the lack of concern for independent monitoring being shown at national and European level;
Amendment 356 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns the weakness of the response by the Commission and Member States to revelations by Edward Snowden of massive spying operations using Internet and telecommunications networks as part of the NSA-PRISM programme targeting European countries also and is concerned their failure to enforce measures to protect European citizens or of third-country nationals living in Europe; regards it as urgent and imperative for the EU and its Member States to adopt a whistle-blower protection scheme;