Activities of Marie-Christine VERGIAT related to 2009/2161(INI)
Plenary speeches (1)
Fundamental rights in the European Union (2009) - Effective implementation after the entry into force of the Treaty of Lisbon (debate)
Amendments (41)
Amendment 2 #
Motion for a resolution
Citation 1
Citation 1
– having regard to the preamble of the Treaty on European Union, notably its second, fourth and fif and its fourth to seventh indents,
Amendment 12 #
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded onArticle 2 of the Treaty on European Union places the Union on the basis of a community of indivisible, universal values such asof respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of personsthus covering everybody living on the territory of the European Union, including those belonging to cultural minorities and non-nationals of EU Member States; whereas the effective safeguarding and promotion of rights has to be an overall objective of all European policies and an essential condition of the consolidation of the European AFSJUnion, contributing to the promotion of peace, the values and principles pertaining to human rights and fundamental freedoms, and the well-being of the nations,
Amendment 16 #
Motion for a resolution
Recital B
Recital B
B. whereas the entry into force of the Treaty of Lisbon created a new situation in the EU in the field of fundamental rights, ashuman rights by making the Charter of Fundamental Rights (‘the Charter’) transposeslegally binding, thus transforming basic values into concrete rights; whereas since its adoption the Charter has become a source of inspiration for the case-law of European courts; whereas the Commission has to issued an annual report on implementation of the Charter, and the promotion and implementation of fundamental rights based on the Charter have to be covered by the FRA annual reports,
Amendment 17 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas a genuine culture of fundamental rights must be developed, promoted and reinforced in both the EU institutions and the Member States, in particular when they apply and implement Union law, whether internally and in relations with third countries,
Amendment 18 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas this culture must also be based on effective monitoring of respect for the fundamental rights guaranteed in the Charter, starting at the level of drafting of legislative proposals by the Commission; whereas other considerations may not take precedence over respecting and safeguarding the aforementioned fundamental rights, failing which there is a risk of tarnishing the role and image of the European Union as a guarantor and promoter of human rights and fundamental freedoms in its relations with third countries,
Amendment 22 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Stresses that effective protection and promotion of human rights and fundamental freedoms is the foundation of democracy in the European Union and an essential precondition for the consolidation of the European area of freedom, security and justice;
Amendment 23 #
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Stresses that protecting fundamental rights involves actions at several levels (international, European, national, regional and local), and emphasises the role that regional and local authorities can take in the practical implementation and promotion of these rights;
Amendment 29 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to its resolutions, as well as its oral questions with debates, inparticularly those of 2009 and 2010, on specific fundamental rights such as privacy, personal dignity and data protection, freedom of thought, conscience and religion, freedom of expression and information, press freedom, non- discrimination and the use of minority languages, on Roma issues, on discrimination against same-sex marriagesthe situation of the Roma, on forms of discrimination on grounds of sexual orientation, and on the illegal detention of prisoners; stresses that all these resolutions reflect the spirit ofvalues incorporated in the Charter, show its clear commitment to the everyday protection of fundamental rights, and send political messages to European citizens, Member States and the EU institutions;
Amendment 48 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that the legal achievements since the entry into force of the Treaty of Lisbon on 1 December 2009 haves fundamentally changed the legal face of the EU, which ishould establishing itself increasingly as a political community of shared values and principles, the three new pillars of the EU system of fundamental rights having thus become: the legally binding Charter; the rights guaranteed by the ECHR, recognition of which flows from the Union’s obligation to accede; and the rights based on the Member States’ constitutional traditions;
Amendment 49 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirms that, notwithstanding the rights recognised by the ECHR, the Charter represents the mosta modern codification in a single document of fundamental rights, offering a good balance between rights andtaking account of the principle of solidarity and encompassing civil, political, economic and social rights as well as ‘third generation’ rights (i.e. the rights to good administration, a healthy environment and, consumer protection and bioethical rights);
Amendment 58 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the incorporation of the Charter into primary EU law, while not extending the Union’s competences, creates new responsibilities for the decision-making and implementing institutions, as well as for Member States when implementing EU legislation domesticnationally, and that the Charter’s provisions have thus become directly enforceable by European and national courts; calls on the EU institutions and Member States to increase coherence among their various bodies responsible for monitoring and implementation, with a view to effective application of the established comprehensive framework;
Amendment 59 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that promotion ofRecalls that respect for the core values of the EU and protection and promotion of human rights and fundamental freedoms constitutes common ground in the Union’s relations with third countries, and stresses that the Charter is applicable in this regard; recalls in this connection that the promotion of democracy and the rule of law goes hand in hand with respect for, and protection and promotion of, human rights and fundamental freedoms; underlines the fact that, within the new institutional structure of the EU, the European External Action Service (EEAS) offers an opportunity to enhance coherence and effectiveness in the sphere of external policy, and therefore calls for a human- rights-based approach to the service’s structure, resources and activity; urges the Council to ensure the implementation in practice of universal jurisdiction on genocide, crimes against humanity and war crimes, in accordance with the principle of complementarity set down in the Rome Statute;
Amendment 64 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates once again its call on the Commission and the Council, and in particular the High Representative for the Common Foreign and Security Policy and Vice-President of the European Commission, to give effect to the clause on human rights in the international agreements in force, and thus to establish a mechanism for the implementation in practice of this clause in the spirit of Articles 8, 9 and 96 of the Cotonou Agreement; stresses that the EU should clearly indicate the appropriate sanctions that could be applied to third countries that commit serious violations of human rights, and apply them;
Amendment 66 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reaffirms that EU accession to the ECHR will constitute the minimum level of protection for human rights and fundamental freedoms in Europe and provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECHR in relation to an act, or a failure to act, by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; and that ECHR case law will thus provide significant input for current and future EU action on civil liberties, justice and home affairrespect for, and promotion of, fundamental freedoms in the areas of civil liberties, justice and home affairs, and, in particular, in the area of immigration, where violations of fundamental rights are no rarity, as well as in relations with third countries;
Amendment 75 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to raise awareness of the benefits of accession to the ECHR and of the requirements to be fulfilled, by developing guidelines on the adequate application and the effects of this additional mechanism so that excessive expectations on the part of EU citizens can be avoided; also invites the Commission to implement rapidly an awareness-raising campaign on the rights conferred on citizens by the Charter of Fundamental Rights;
Amendment 79 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, furthermore, the new general obligations created by the Treaty of Lisbon to combat social exclusion and discrimination and to promote social justice and protection and a high level of employment, education, training and health protection, equality of women and men, solidarity between generations and protection of the rights of the child, as well as its explicit reference to persons belonging to minorities, which reflects another founding value of the Union; also welcomes the fact that the Union has acquired legal personality allowing it to accede to international treaties, the improvement in judicial protection with the extension of the jurisdicstresses, however, that these provisions continue to be limited, and respond only inadequately and partially to the legitimate social demands and aspirations of the CJ to areas of obvious relevance to the protection of fundamental rights, such as police and judicial cooperation in the field of criminal law, the strengthened role of the European Parliament and national parliamenta high proportion of European citizens; deplores the fact that fundamental social rights are increasingly being challenged under the pressure of competition and efforts to be competitive, and are subordinated to the rules of competition and the single market; calls ion the European decision- making process, especially in evaluating the implementation of EU policy in the AFSJ, and the increased role of European citizens, now invested with the power to initiate EU legislation through the European Citizens’ InitiativeCommission and the Council to give genuine content to the social dimension of the single market by adopting and implementing a programme of practical, planned measures;
Amendment 85 #
Motion for a resolution
Paragraph 10 bis (new)
Paragraph 10 bis (new)
10a. Further welcomes the fact that the EU has acquired legal personality, allowing it to accede to international treaties, and also welcomes the improvement in legal protection through the expansion of the jurisdiction of the Court of Justice into areas of indisputable importance in terms of protection of fundamental rights, such as police and judicial cooperation in criminal law, the strengthened role of the European Parliament and the national parliaments in EU decision-making, particularly in the form of assessing the implementation of EU policy in the area of freedom, security and justice, and the enhanced role of European citizens, who are now empowered to call for legislative measures from the EU through the Citizens’ Initiative;
Amendment 86 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls forStresses that full and consistent implementation of the Stockholm Programme and the action plan deriving from it, which converts the obligations and principles deriving from the Treaty into practice by setting the strategic guidelines for the AFSJ, must take place with full respect for the values and principles of the Union and within the framework of international law, even if the EU is not a signatory to the relevant international instruments and agreements;
Amendment 90 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers thatStresses that, regardless of their respective powers, the European institutions have often acted in parallel in the field of protection of fundamental rights and therefore calls for reflecan evaluation onf actions taken and for enhanced cooperation among these institutions; regrets that Member States have very frequently evaded the exercise of controls by the Union on their own policies and practices with regard to human rights, and have tried to limit the protection of such rights to a purely national context, a situation causing harm to the role and credibility of EU policy, internal and external, on the defence of human rights and fundamental freedoms;
Amendment 121 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to enforcecomply with the values and principles enshrined in the Treaty and Charter and the strategy set out of the Union when drawing up and adopting legislative proposals resulting from the Stockholm Programme; furthermore, calls for the current acquis to be revised, from the viewpoint of the Treaty of Lisbon, in the field of police and judicial cooperation and for democratic accountability in the AFSJ to be strengthened, by means of a prompt proposal to revise the legislative texts concerned; stresses the need to determine the Stockholm Programme through concrete legislative proposals; furthermore,mandate, tasks and operations of Community agencies, bodies and systems working in the areas of police and judicial cooperation and immigration and asylum policies (in particular Europol, Frontex, Eurodac, SIS and VIS and the Agency for the operational management of large-scale IT systems in the area of freedom, security and justice), in accordance with the values of respect for human rights and fundamental freedoms, respect for human dignity, democracy, equality, freedom and the rule of law; calls foron the ‘Lisbonisation’ of the current acquiCommission to report, by the end of 2011, on the respect of those values in the conduct of the activities of Community agencies, bodies and systems in the fields of police and judicial cooperation and for a strengthening of democratic accountability in the AFSJimmigration and asylum policies, and to propose, where necessary, the relevant reviews to ensure that obligations relating to human rights and fundamental freedoms are being met;
Amendment 125 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Suggests that the Commissioners responsible for Justice, Fundamental Rights and Citizenship and Home Affairs be invited regularly to the meetings of its Committee of Civil Liberties, Justice and Home Affairs to exchange views on current issues and developments related to fundamental rights, in the form of an ongoing dialogue;
Amendment 128 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Council to adapt to the changes required by the Treaty and to comply with the Charter when legislating; therefore welcomes the establishment of a standing Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons and hopes thatcalls for this new body willto work transparently and efficientlyto report periodically to the European Parliament on its work, using the form of communication it deems appropriate;
Amendment 141 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for enforcement of its democratic scrutiny based on the treaties; insists on the necessity of enhancing transparency and access to documents between EU institutions, in order to develop more effective interinstitutional cooperation on matters related to fundamental rights; underlines its role in evaluating the work of other EU institutions when assessing developments in the field (e.g. through annual reports), combining as it does political messages with a facts-based approach; deeply regrets that in relation to negotiations on international agreements, it has not been immediately and fully informed in accordance with the provisions of Article 218, paragraph 10 of the Treaty on the Functioning of the European Union;
Amendment 162 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. EmphasiStresses the importance of the judiciary bodies in the Member States, which play a primary role in the enforcementimplementation, respect and promotion of human rights, and therefore suggests the provision of easy access to the courts as a means of strengthening the protection of fundamental and human rights need to guarantee the right to a fair trial, both in the civil and criminal courts, including the right to a proper appeal; urges the Member States to invest effort in the ongoing training of national judges on fundamental rights and freedoms;
Amendment 172 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Suggests that ways be found to cooperate better with international and European organisations committed to the protection of fundamental rights and freedoms, and to make better use of, and more effectively channel, the results of experience in the field;
Amendment 175 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EU institutions to exploit the full potential of the Memorandum of Understanding between the Council of Europe and the EU, in the interests of greater synergy and consistency at European level, and suggests that better use be made of the expertise of the human- rights monitoring mechanisms, standards and findings developed by Council of Europe, thus avoiding duplication of work; reaffirms the need for the Union to be more involved in the work of the Commissioner for Human Rights and for the EU to take greater account of that work when implementing policies in the field of freedoms, justice and security;
Amendment 177 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the EU Member States to sign up to, and ratify, the core Council of Europe and United Nations human- rights conventions and the additional optional protocols: among others, the European Social Charter, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languageonvention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Charter for Regional or Minority Languages, the International Covenant on Civil and Political Rights (ICPPR), the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the UN Convention on the Protection of the Rights of All Migrant Workers, the UN Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the Convention on the Elimination of All Forms of Discrimination against Women; furthermore, suggests that, in the European legislative process, more account be taken of international documents and more reference be made to them;
Amendment 186 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Emphasises that the new architecture will be measured on how effectively the current, most pressing fundamental-rights issueissues and the most recurrent infringements are handled by the institutions responsible, both in the Member States and at EU level, also in connection with its external relations;
Amendment 198 #
Motion for a resolution
Paragraph 35 – indent 2
Paragraph 35 – indent 2
Amendment 211 #
Motion for a resolution
Paragraph 35 – indent 4
Paragraph 35 – indent 4
Amendment 216 #
Motion for a resolution
Paragraph 35 – indent 5 a (new)
Paragraph 35 – indent 5 a (new)
– promoting EU asylum and immigration policies in accordance with the values and principles set out in the treaties, the Charter and the ECHR: cancelling any agreements and negotiations with third countries, particularly in relation to the European Neighbourhood Policy, which seek to transfer the implementation and enforcement of EU migratory policy to those third countries; suspending readmission agreements and negotiations on any new readmission agreement with third countries which do not comply with or apply minimum standards in terms of human rights, democracy and rule of law, unless a genuine assessment has been carried out by the Commission, having heard both sides, of the readmission agreements concluded and implemented by the EU, in particular in terms of infringements of rights and of the consequences for people who are sent back to their countries of origin or readmission; revising the Return Directive;
Amendment 217 #
Motion for a resolution
Paragraph 35 – indent 5 b (new)
Paragraph 35 – indent 5 b (new)
– halting negotiations with certain third countries, in particular with regard to the strengthening of the partnerships between the European Union and the countries in question, despite the poor or deteriorating situation of democracy, rule of law and human rights in those third countries (Libya and Tunisia in particular);
Amendment 220 #
Motion for a resolution
Paragraph 35 – indent 6
Paragraph 35 – indent 6
Amendment 229 #
Motion for a resolution
Paragraph 35 – indent 6 a (new)
Paragraph 35 – indent 6 a (new)
– prohibiting the stigmatisation of cultural minorities and launching infringement proceedings against Member States which behave in such an unacceptable way;
Amendment 233 #
Motion for a resolution
Paragraph 35 – indent 7
Paragraph 35 – indent 7
Amendment 238 #
Motion for a resolution
Paragraph 35 – indent 7 a (new)
Paragraph 35 – indent 7 a (new)
– guaranteeing and promoting conditions that enable the checks and balances to work and to contribute to the proper functioning of a democratic society and a genuine rule of law, in particular by guaranteeing the independence of the courts of law and Community bodies established under European legislation;
Amendment 239 #
Motion for a resolution
Paragraph 35 – indent 7 b (new)
Paragraph 35 – indent 7 b (new)
– guaranteeing and promoting freedom of the press in the European Union, which is deteriorating year after year, the most noteworthy facts being the concentration of the media, the pressure exerted on journalists and their work and the suing of journalists for no real or serious reason;
Amendment 244 #
Motion for a resolution
Paragraph 35 – indent 8
Paragraph 35 – indent 8
Amendment 245 #
Motion for a resolution
Paragraph 35 – indent 8 a (new)
Paragraph 35 – indent 8 a (new)
– combating inequalities, particularly social ones, which have increased and worsened over the past few years – also because of the 2008 financial and economic crisis – in accordance with the principles, rights and objectives laid down in the Treaty on European Union, the Treaty on the Functioning of the European Union and the charter to improve living and employment conditions for the peoples of the Member States, including social, economic and territorial cohesion and solidarity between the Member States and their peoples; notes and condemns the fact that the various austerity plans adopted by the European Union and other international institutions such as the IMF have often exacerbated the social rights situation and led to a huge increase in unemployment, job insecurity and deteriorating living standards, particularly for the most vulnerable and fragile people in the Member States concerned;
Amendment 246 #
Motion for a resolution
Paragraph 35 – indent 8 b (new)
Paragraph 35 – indent 8 b (new)
– providing access to social welfare, health, education and training systems, in addition to cultural infrastructure, services of general interest and high- quality social services that are accessible to all, as a vital part of active, effective and responsible citizenship; promoting market and non-market entrepreneurship in secondary school, university and adult training programmes, including social and cooperative forms of the economy and responsible and ethical management; taking into account the specific features of the aforementioned systems and sectors of the social economy in order to pave the way for the social dimension of the internal market;
Amendment 247 #
Motion for a resolution
Paragraph 35 – indent 8 c (new)
Paragraph 35 – indent 8 c (new)
– protecting migrants, particularly asylum-seekers;