Activities of Marie-Christine VERGIAT related to 2011/2069(INI)
Plenary speeches (1)
Fundamental rights in the European Union (2010 - 2011) (debate)
Shadow reports (1)
REPORT on the situation of fundamental rights in the European Union (2010 - 2011) PDF (345 KB) DOC (231 KB)
Amendments (41)
Amendment 25 #
Motion for a resolution
Recital A
Recital A
A. whereas Article 2 of the Treaty on European Union (TEU) founds the Union on a community of indivisible and universal values of respect for human dignity, freedom, democracy, equality, solidarity, the rule of law and respect for human rights, for all persons on the territory of the EU, includingparticularly those belonging to minorities,
Amendment 30 #
Motion for a resolution
Recital B
Recital B
B. whereas Article 6(3) of the TEU confirms that fundamental rights, as guaranteed by the ECHR and as arising from the constitutional traditionrules common to the Member States, constitute general principles of Union law,
Amendment 32 #
Motion for a resolution
Recital C
Recital C
C. whereas, with the entry into force of the Treaty of Lisbon, the Charter has transformed values and principles into tangible and enforceable rights and whereas, having the same value as the Treaty of Lisbon, it has become legally binding on the institutions, bodies and agencies of the EU, as well as the Member States when implementing EU law,
Amendment 34 #
Motion for a resolution
Recital Ca (new)
Recital Ca (new)
Ca. whereas a genuine culture of fundamental rights must be developed, promoted and reinforced in the institutions of the Union but also in Member States, especially in applying and implementing Union law, both internally and in relations with third countries,
Amendment 37 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the implementation of these values and principles must also be based on effective controls on respect for the fundamental rights guaranteed in the Charter, including when legislative proposals are being drawn up; whereas other considerations may not take precedence over respecting and guaranteeing those fundamental rights, because this would risk discrediting the role and image of the European Union regarding human rights particularly in its relations with third countries,
Amendment 47 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, according to some NGOs, more than 15 000 migrants trying to reach the continent of Europe have died at sea since 1988, more than 1 500 migrants having drowned at sea in 2011 alone; whereas 63 of 72 African migrants who set off in a boat from Libya in March 2011 died en route; whereas the Parliamentary Assembly of Council of Europe adopted a resolution on 24 April 2012 which identified a variety of failings at different levels, both on the part of EU Member States and of NATO, and proposed a number of recommendations that the Union, its Member States and NATO have a duty to implement by whatever means are appropriate as soon as possible,
Amendment 51 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the joint study of May 2012 of the Agency for Fundamental Rights (FRA), the United Nations Development Programme (UNDP) and the World Bank on the situation of the Roma confirms that the Roma suffer discrimination throughout Europe and their situation is worse than that of all non-Roma in comparable situations; whereas the discrimination and increase in violence against them in EU Member States are rooted in latent anti-Gypsy attitudes and nourished by the public discourse of some politicians in some Member States of the Union stigmatizing the Roma,
Amendment 61 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Commission to ensure that the impact on fundamental rights of EU legislation and its implementation by the Member States form systematically part of the Commission’s evaluation reports on the implementation of EU legislation, as well as its annual report on monitoring the application of EU law; regrets that the Commission still has too restrictive a vision in this area and considers that the obligation to respect the values and principles of the Charter only applies when Member States implement the EU law and that 'the provisions of the Charter shall not extend in any way the competences of the Union'; 1 __________________ 1 See Article 51(2) of the Charter of Fundamental Rights.
Amendment 70 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the promotion and effective implementation of human rights and fundamental freedoms are the cornerstone of democracy in the EU and an essential condition for the consolidation of the European area of freedom, security and justice; emphasizes also that respect for fundamental rights and freedoms implies actions at various levels (international, European, national, regional and local) and stresses the role that regional and local authorities can play in this area in connection with human rights associations;
Amendment 73 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Condemns the worrying trends regarding violations of fundamental rights within the European Union, in particular relatively recent developments in the areas of immigration and asylum, discrimination and intolerance particularly towards certain categories and minorities, security and counter- terrorism policies, freedom of the press, freedom of movement within the Union and social and trade union rights;
Amendment 77 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Looks to the Union and Member States as a matter of urgency to bridge the widening gap between the principles of freedom and fundamental rights and their implementation, as this situation discredits the Union and Member States;
Amendment 83 #
Motion for a resolution
Paragraph 5 – indent 1
Paragraph 5 – indent 1
– the lack of transparency in the Commission’s dialogue with Member States when fundamental rights or the interests of European citizens are at « stake; considers that such a lack of transparency with regard to the transposition of EU law could be extremely prejudicial for the other EU countries, for EU citizens and for the other institutions, particularly when social and economic and cultural rights of the citizens are at stake;
Amendment 87 #
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
– the lack of transparency in the EU agencies, which makes it difficult to ascertain whether or not their actions comply with the principles of transparency, good administration, personal data protection and antidiscrimination, as well as of necessity and proportionality;
Amendment 100 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. DeploreCondemns the unacceptable delays and blockages in the EU’s accession to the European Court of Human rights (ECHR), which are mainly due to specific Member States, and urges the Commission to conclude the procedure at the earliest opportunity and Member States to launch procedures for ratifying accession to the ECHR as soon as possible;
Amendment 106 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is deeply concerned that some Member States have attacked and called into question institutions and instruments protecting human rights or their representatives and that others have responded only feebly; reminds all Member States to comply with their obligations to respect fundamental freedoms and rights;
Amendment 124 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls therefore on the Commission to come up with a detailed proposal for a monitoring mechanism and early warning system, building on the provisions of Article 7 of the TEU and Article 258 of the TFEU; calls on the Commission to provide a detailed assessment of infringement procedures based on the new provisions of the Lisbon Treaty, particularly with regard to violations of fundamental rights, and to report back to the European Parliament and the Council; calls on the Commission to include in this report an assessment of effective controls on respect for fundamental rights including when legislative proposals of the Union are being drawn up;
Amendment 126 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is deeply concerned at the increasingly repressive direction taken by judicial and police cooperation which is characterised by an increasing number of attacks on personal freedoms under various policies going beyond the fight against terrorism; condemns the measures taken recently to reinstate temporarily checks at internal borders of the Union and is deeply concerned that the free movement of persons is increasingly conditional upon the provision of personal data or the electronic surveillance of public places;
Amendment 136 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on theLooks to Member States to properly fulfil their obligations under international law, which they have so far failed to do, namely: - to investigate on the basis of the new evidence serious human rights violations carried out in the context of cooperation with the CIA counter-terrorism programme, and to afford full redress to victimallegations of the illegal transport and detention of prisoners by the CIA in European countries under the counter-terrorism programme, to explain their involvement in these actions, to prosecute persons who have taken part in these actions and to afford full redress to victims; - to investigate violations of the right to life caused by the 'refoulement' of migrants and asylum seekers in the Mediterranean or the late despatch of sea rescue operations by some Member States;
Amendment 175 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the principles of human dignity and equality before the law are foundations of democratic society; deems incomprehenadmissible the current blockage of Council negotiations on the Commission’s proposal for a horizontal directive extending comprehensive protection against discrimination on all grounds, including religion or belief, disability, age or sexual orientation, and urges efforts to ensure adoption as soon as possible;
Amendment 181 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 194 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is essential to address the situation of stateless persons permanentstably resident in Member States needs to be addressed and calls on all the Member States concerned to ratify and apply the relevant United Nations conventions; recalls that incomplete citizenship in a Member State should not deprive stateless persons of their fundamental rights;
Amendment 203 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls onWelcomes the Commission to evaluate the tangible results of the EU Framework for National Roma Integration Strategies and the progress achieved in each Member State's evaluation of National Roma Integration Strategies, recognizing the efforts made by some Member States but above all the many gaps in most of the strategies presented to the Commission; calls on the Commission to take steps to ensure that Member States rapidly close the gaps so as rapidly to improve the situation of Roma in the Union and end anti- Gypsyism;
Amendment 212 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is alarmed at the rising tide of hate speech and stigmatization of minorities and of groups of people and the growing influence of these phenomena in the media and in many political movements and parties, reflected at the highest level of political responsibility in some Member States, which have led, inter alia, to restrictive legislation;
Amendment 239 #
Motion for a resolution
Subheading 4
Subheading 4
Equal opportunitieity and Social Rights
Amendment 245 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Expresses its deep concern at the rising inequality and great poverty resulting from the social consequences of the economic and financial crisis; stresses that these precarious living conditions particularly affect children, women and the elderly, and lead to many violations of fundamental rights, in particular the rights to employment, housing, health, education, culture, justice, etc..; notes that the resulting discrimination is often multiple and is an affront to the dignity and a violation of the principle of equal rights of each individual enshrined notably in Article 1 of the UDHR;
Amendment 248 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Notes that current economic and social policies in the European Union are having serious consequences for trade union rights, working conditions and remuneration and the social protection of EU workers; stresses that the economic, financial and social crisis should not serve as an excuse to undermine wage and social rights, as stated by Mr. Somavia, Director-General of the ILO, addressing the European Parliament on 20 September 2011, who noted that the right to work and the protection of individuals and improvements in the living conditions and well-being of persons are among the founding values of the European Union;
Amendment 310 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Is concerned at the deteriorating situation as regards media freedom and pluralism, in particular the press, in the Union, including as a result of the current economic crisis; condemns the conditions under which some journalists work and the obstacles they face, especially when covering demonstrations; is particularly concerned that some Member States are tempted to challenge the principle of the protection of journalistic sources and the ability of investigative journalists to investigate circles close to government; regrets deeply the attitude of the Commission which refuses to make any legislative proposal to ensure media freedom and pluralism in accordance with Article 11 of the Charter;
Amendment 313 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Welcomes the adoption by the UN Human Rights Council of a resolution recognizing Internet rights, particularly concerning access to the Internet and freedom of expression; stresses in particular the appeal to strive for 'the promotion, protection and enjoyment of human rights, including the right to freedom of expression, on the Internet and in other technologies,' noting that these rights must be respected regardless of frontiers and through any media; calls on the EU and Member States to implement this resolution in internal law and ensure its promotion at international level;
Amendment 318 #
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Media freedom and pluralism
Amendment 319 #
Motion for a resolution
Subheading 7
Subheading 7
Data Protection and Internet access
Amendment 320 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reaffirms that the right of self- determination over and protection of personal data and the right to privacy constitute fundamental elements of a person’s personality, human dignity and liberty; recalls that provisions in this area must respect the principles of purpose, necessity and proportionality, including during negotiations on and the conclusion of international agreements; recalls in this context the critical opinions issued by the EDPS, especially regarding the evaluation report of Directive 2006/24/EC and Internet neutrality, highlighting the consequences of some surveillance methods adopted by providers of electronic services, and regrets that the Commission has not taken them into account in its proposals and decisions; condemns the fact that, according to the second report of Europol Joint Supervisory Board (JSB), the implementation of the TFTP agreement between the Union and the United States of America does not respect the weak guarantees provided for in that agreement on the protection of personal data, in particular Articles 2, 4 and 5;
Amendment 322 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses that the reform of the EU’s data protection regime should not only ensure this protection, but also increase transparency and awareness of data protection rights and make remedies and sanctions more effective; deplores the many derogations and exceptions to the principles governing the protection of personal data, in particular the principle of purpose limitation, and the transfer of data to third countries; is concerned at the weakness of personal data protection provisions contained in the proposed Directive in particular as regards data protection in judicial fields; stresses that lowering existing standards and reducing national competences, including those of constitutional courts, is out of the question;
Amendment 329 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Is shocked at the tragic fate of persons who die while trying to reach EU territory in particular by sea; is concerned at the way this calls into question the reception of foreigners, especially with regard to right to asylum; calls for the obligation of maritime rescue to be fully respected by Member States of the European Union and for the laws of the Union or Member States to be amended so that rescue at sea becomes an obligation and that sailors rescuing migrants at sea are never accused of being smugglers and convicted for assisting persons in danger, and calls also for the implementation of the recommendations set out in Council of Europe resolution 1872 (2012) of 24 April 2012;
Amendment 342 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Member States to a set up a procedure for more coordinated rules governing asylum seekers, in compliance withEmphasises that the criteria established by the Dublin Convention have proved unsuitable, in particular following the case law of the ECJEU and the ECtHR; is concerned that the ongoing reform does not resolve these contradictions or respect the rights of asylum seekers;
Amendment 343 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Reminds Member States that they must fully respect the Geneva Convention on refugees, in particular Article 33 thereof, which prohibits any 'refoulement' to their frontiers;
Amendment 348 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to focus on open and effective legal migration policies and to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
Amendment 352 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to ensure that the completion of the Common European Asylum System (Deplores the slow progress in adopting the Common European Asylum System (CEAS) and regrets that the Union's approach has focused on migration control rather than on access to international protection to meet the needs of intended beneficiaries; calls on the Council and Member States to ensure that the CEAS) is achievimplemented by the end of 2012 as planned, in accordance with international obligations of Member States on asylum;
Amendment 364 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses its commitment to ensuring full parliamentary scrutiny and control of the EU’s JHA Agencies, notably Europol, Frontex, Cepol, Eurojust, and the Agency for the operational management of large- scale IT systems; calls on those agencies to enhance thesure respect for fundamental rights dimension ofin their activities;
Amendment 370 #
Motion for a resolution
Paragraph 37
Paragraph 37
37. Strongly criticiseondemns proposals relating to the reintroduction of Schengen border controls, as this would undermine free movement within the EU and the functioning of Schengen cooperation; condemns also the Commission's proposal regarding a smart borders plan that would generalize surveillance of the external borders of the Union by technological means and promote the construction of a Fortress Europe, but above all would constitute a violation of human dignity by confusing immigration and crime and violate the right to freedom of movement of persons;
Amendment 386 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Emphasizes that no unaccompanied minors should be detained since they are vulnerable persons who need special reception arrangements;
Amendment 411 #
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Recalls that citizenship implies the right of every person to participate in the public affairs of their country of residence under Article 21 of the UDHR; recalls that European citizenship is not limited to the right to vote and stand for municipal and European elections, nor to the exercise of their rights, however essential they may be, as regards freedom of movement and residence; stresses therefore that European citizenship implies the ability of each resident in the territory of the Union to participate actively and without discrimination of any kind in the democratic, political, social and cultural life of the Member State in which he or she resides and to exercise all the political, civil, economic, cultural and social rights and freedoms recognized by the European Union;