Activities of Marie-Christine VERGIAT related to 2013/2024(INI)
Shadow opinions (1)
OPINION on the mid-term review of the Stockholm Programme
Amendments (43)
Amendment 5 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 7 #
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly believes that the EU and its Member States should not sign agreements with third countries in the field of freedom, security and justice (FSJ), where there is a serious risk of violation of human rights and where the rule of law is not upheld; stresses that any agreement in this field should be concluded after a careful human rights impact assessment and include a suspension clause in relation to human rights, together with any mechanisms needed to ensure that it is implemented effectively; calls on the Commission to develop monitoring mechanisms which allow for public scrutiny of FSJ policies, including by involving civil society, in particular human rights organisations, in third countries and the EU; calls on the Commission to explain what safeguards are applied to ensure that information provided by third countries through Europol agreements, and through any counter- terrorism agreement, is not obtained through torture or ill- treatment;
Amendment 8 #
Draft opinion
Paragraph 4
Paragraph 4
4. Expresses concern at the increasing demands being placed on neighbourhood countries in relation to the EU’s migration and border management policies; calls for a human rights-based approach to EU migration and border management which ensures that the rights of regular and irregular migrants and other vulnerable groups are always the first consideration; condemns in the strongest possible terms the practice of sub-contracting EU migration policy to third countries, including countries where migrants are known to be victims of particularly serious human rights violations and cannot seek asylum; recalls the extra- territorial application of the European Convention on Human Rights in the implementation of EU migration policy, as ruled by the European Court of Human Rights;
Amendment 15 #
Draft opinion
Paragraph 5
Paragraph 5
5. Repeats its call for a compulsory refugee resettlement scheme, in line with Article 21 of the TEU, which obliges the EU to assist populations confronting natural or man- made disasters; notes with concern the observation made by the UN Special Rapporteur on the human rights of migrants on the widespread lack of adherence to basic human rights principles in the course of the increasingly widespread, EU- encouraged and -promoted practice of detaining migrants wanting to enter the EU’s borders1; calls on the Commission to draw up a report on what steps are being taken to prevent arbitrary detention of migrants by third countries, and even systematic detention in some Member States, in line with its commitment 14(d) under the EU Action Plan on Human Rights;
Amendment 18 #
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses alarm at the number of deaths, particularly at sea, and the human rights abuses which continue to occurare increasing in the course of irregular migrants’ attempts to enter the EU; requests that the Commission consult Parliament prior to the conclusion of any agreement between Frontex and a third country; insists that these agreements must provide for adequatestringent safeguards to ensure that human rights standards are fully respected, including with regard to return, joint patrolling, search and rescue or interception operations; draws attention to the reports drawn up by international organisations (the Council of Europe and the UN), the Agency for Fundamental Rights and the European Ombudsman relating to the impact on the rights of migrants of the management of the EU’s external borders and to observance by Frontex of fundamental rights, calls on the European institutions and Member States to take swift action to halt violations of migrants’ rights, which have on occasion led to death, and urges that the EU and the Member States fulfil their international obligations;
Amendment 22 #
Draft opinion
Paragraph 7
Paragraph 7
7. Expresses deep concern about the fate of third country nationals (TCNs) and stateless persons readmitted under EU readmission agreements (EURAs), including cases of indefinite detention, legal limbo or refoulement to their country of origin, and requests the exclusion of TCN clauses from theseurges that stateless persons and asylum seekers should be explicitly excluded from these agreements irrespective of the country where asylum was sought, and also calls for persons whose lives are endangered in their country of origin not to be refouled to third countries in which there is no guarantee that they will not be sent back to their country; calls on the Commission to cease making the signing of agreements with third countries, irrespective of their subject matter, conditional on the signing of readmission agreements; underlines the importance of implementing the recommendations made in the Commission’s evaluation of readmission agreements; calls for scrupulous observance of international commitments in the field and for the Council of Europe’s recommendations, in particular those relating to Frontex, to be implemented; calls on the Commission to allow NGOs and international organisations to participate in Joint Readmission Committees; urges the Commission and the Member States to suspend immediately the application of an EURA in the event of human rights violations; deplores the lack of measures concerning and monitoring of nationals readmitted to their country of origin or third country nationals readmitted to a third country of destination;
Amendment 24 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to extend the remit of the Fundamental Rights Agency to cover all candidate countries and neighbourhood countries, giving it a specific role in advising EU institutions on how to ensure coherence and consistency between internal and external policies on human rights; calls for the same fundamental rights indicators to be established for all Member States;
Amendment 25 #
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to take the necessary legislative and administrative steps to allow the issuance of emergency visas and facilitate the provision of temporary shelter for human rights defenders at risk in third countries; calls for an evaluation of the existing mobility partnerships, particularly the interdependence between development aid, regular migration and irregular migration, as defined in the Global Approach to Migration; expresses concern at the increasingly systematic refusal to grant visas to nationals of certain third countries, in particular the countries of the Maghreb and sub-Saharan Africa; calls for the conditions governing the issuance of visas to be made less stringent, in particular for students and for short-stay visas granted to craft workers and artists;
Amendment 27 #
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses that the continuedongly condemns the refusal of EU Member States to accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and stresses that the continued refusal of all Member States to accede to the convention, which is a core international human rights convention, undermines the fundamental principle of the indivisibility of human rights and diminishes the credibility of the EU when engaging with third countries on human rights issues;
Amendment 29 #
Draft opinion
Paragraph 11
Paragraph 11
11. Calls for a more joined-up approach between human rights dialogues and justice, liberty and security subcommittees established in the framework of agreements with third countries, notably in the two European Neighbourhood regions and, more generally, all those affected by readmission agreements;
Amendment 35 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view, therefore, that a reform of the electoral procedure will be required in the future in order to enhance the legitimacy and effectiveness of Parliament by strengthening the democratic dimension of Europe and dividing up the seats in Parliament more proportionally among the Member States, in accordance with the principles laid down in the Treaties, in order to guarantee a better representation of small parties and small Member States; considers that a reform of this kind will encourage EU citizens to take part in European elections in their Member State of residence if they are not nationals of that State;
Amendment 44 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that the citizens' initiative can play a key role in identifying matters which should be dealt with at EU level; Calls on the European Commission to adopt an open and inclusive approach with regards to European citizens' initiatives to ensure that, when criteria are indeed met, these initiatives lead to subsequent legislative proposals and thereby truly include the people living in the EU in the law-making process;
Amendment 46 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to work more closely with the Member States in order to make the European Citizens initiative more effective and accessible to all people; Calls on the Commission to make a first assessment report of the ECIs; Deplores, however, the technical problems encountered by the organisers of citizens' initiatives and calls on the Commission to resolve the problems in question without undue delay;
Amendment 73 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. FearBelieves that the economic crisis may develop into a crisis of democracy and believes that strong political leadership is necessary to defend democratic achievements;on-going crisis is not just economic but also social, environmental and democratic; Regrets that the crisis and the austerity measures taken as a response to the financial crisis have led to an increased number of persons living below the poverty line and have been used as a political vehicle to infringe on individual and collective rights and believes that strong political leadership is necessary to defend democratic achievements and fundamental rights; Condemns those who instrumentalise the crisis to increase peoples' fears of the other and promote racism and xenophobia.
Amendment 85 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that acceding to the Convention will offer citizens as well as other persons for whom the Union has a responsibility vital extra protection, in particular in the context of the area of freedom, security and justice; Underlines the excessively long deadline for concluding accession negotiations and deplores the fact that the EU has still not effectively acceded to the Convention; Recalls that the EU's accession depends on the ratification not only of EU Member States but also of all States which are members to the Convention; Calls on all parties concerned to proceed with ratification as soon as possible.
Amendment 88 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Regrets, however, that in the EU an individual is still not protected outside the workplace against discrimination on the grounds of religion or belief, age, disability or sexual orientation; recalls that it has called upon the Council to adopt the proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation 11 times over the past 4 years, and that the Council has failed to act; Deplores in this regard the Member States' lack of political will, the lack of transparency in the negotiation process of the Council, and the abuse of the unanimity principle by opposing Member States;
Amendment 91 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Regrets the lack of progress of the National Roma Integration Strategies and the continuing racism towards and discrimination against Roma across the EU, including the segregation of Roma children in education; Calls on Member States to step up their efforts to enforce Roma fundamental rights and social inclusion; calls on the European Commission and Member States to support financially and involve Roma organisations in all policies affecting them.
Amendment 92 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Welcomes the Communication from the Commission COM 2013 (454) on the "Steps forward in implementing National Roma Integration Strategies" and its recommendations; Regrets, however, that most of the Member States did not use the National Roma Integration Strategy for adopting and implementing a more proactive Roma policy; Regrets the long timeline of 24 months proposed by the Commission for Member States to implement the recommendations as well as the absence of involvement of the European Parliament given the role the Parliament has played so far in denouncing Roma's violation of fundamental rights.
Amendment 93 #
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Calls on the European Commission to propose a strategy to combat violence against women as it was announced in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 April 2010 – Delivering an area of freedom, security and justice for Europe's citizens – Action Plan Implementing the Stockholm Programme (COM(2010) 171 final).
Amendment 94 #
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20 e. Recalls that the rapid developments in the digital world (including the increased uses of the Internet, applications and social media) calls for the establishment of the highest level of protection of personal data and privacy; condemns the ratification of agreements for the transfer and exchange of personal data with third countries by the EU, including the TFTP and PNR agreements with the United States, which do not comply with data protection and privacy standards set by the EU or Council of Europe;
Amendment 95 #
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20 f. Condemns internet and telecommunications spying practices as revealed by the NSA- Prism Case as well as the inability of the EU to enforce its standards of protection as regards its citizens or the third-country nationals or whistle-blowers on its territory; denounces the weakness of the European response to the scandal of such espionage of Europeans by the NSA
Amendment 127 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Acknowledges the progress made with the roadmap for procedural rights in criminal proceedings, but regrets that key proposals on legal aid and vulnerable suspects are outstanding and that the level of ambition of the Council seems to be decreasing more and more; Hopes that the institutions embark soon on a revision of the E.A.W. in view of the on-going systematic violation of the proportionality principle by some Member States;
Amendment 154 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that an effective justice system is, accessible and accountable justice system is a sine qua non condition for a democracy and a powerful driver for a prosperous economy;
Amendment 156 #
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 164 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Regrets the stark security orientation of the ISS at the expense of civil liberties, fundamental rights and adoption of preventive measures; Deplores the gap between words and deeds, between declaratory goals in terms of values and principles on the one hand and the actual implementation of policies on the other, especially as regards the increased wide collection of personal data for undefined security purposes which result in the clear violation of the right to privacy and data protection;
Amendment 168 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Regrets that the second Commission Communication of 10 April 2013 on the implementation of the ISS of the European Union is not critical enough of the actions carried out under the ISS and simply reasserts the same priorities it had presented in its initial Communication of November 2010 without taking into account the impact of the Charter of Fundamental Rights which is applicable to all persons in the EU;
Amendment 172 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recalls that Parliament is now a fully- fledged institutional actor in the field of security policies, and is therefore entitled to participate actively in determining the features and priorities of the ISS and in evaluating those instruments, including through regular monitoring exercises on the implementation of the ISS, to be conducted jointly by the European Parliament, national parliaments and the Council under Articles 70 and 71 TFEU; Believes that the European Parliament ought to play a crucial role in the evaluation and definition of internal security policies as these have a profound impact on the fundamental rights of all those living in the EU; Emphasises, therefore, the need to ensure these policies fall under the remit of the only directly elected European institution for scrutiny and democratic oversight;
Amendment 176 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that a propern independent and thorough analysis of the security threats to be addressed is an essential prerequisite for an effective ISS, especially in view of evaluating the necessity and proportionality of internal security policies ultimately assessing the continuing need for each individual legislative instrument;
Amendment 185 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Acknowledges that cross-border crime is on the increase in the EU and therefore underlines the importance of European law enforcement information exchange; believes that the current ‘landscape’ of the different instruments, channels and tools is complicated and scattered, leadbut is concerned by the lack of democratic oversight as well as the insufficient protection of fundamental rights in the cross-border cooperation against crime ing to inefficient use of the instruments available and to inadequate democratic oversight at EU levelhe EU, especially related to the increased access to digital databases containing personal data by law enforcement authorities; calls for a future- oriented vision on how to shape and optimise law enforcement cooperation and data sharing in the EU while guaranteeing a robust level of data protection;
Amendment 195 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. WelcomesTakes note of the Commission's proposal for the new Europol Regulation and hopes for a quick advancement of this important legislative dossier so that Europol can be brought into line with the Lisbon Treaty as soon as possible; underlines that the revision of the Europol Regulation has to be carried out in full respect of democratic values and principles, fundamental rights as well as the principles of proportionality and necessity; Considers, in this respect, that the list of criminal offences, for which Europol is competent, should be as clear cut as possible in order to avoid overlaps with national authorities;
Amendment 197 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Regrets that no follow-up has taken place to the evaluation of Directive 2006/24/EC; calls on the Commission to present a legislative proposal abolishing the data retention framework as soon as possible;
Amendment 219 #
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 neverthelessRegrets, however, the growing tendency to equate internal freedom of movement with increasing closure and surveillance of external borders; Is concerned about this development which migrants are perceived as threats or criminals and where the right to asylum is undermined by the introduction of ever increasing obstacles to entering the EU; is, therefore, of the opinion that a long-term reflection about itsthe further development is necessary; believes that the Schengen external borders should in the future be guarded by European border guardsof the Schengen area is necessary and should take into account the fundamental rights of migrants and persons in need of international protection;
Amendment 223 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Welcomes, in this regard, the reform of the mandate of FRONTEX and the agreement on Eurosur; considers that the new rules forto include a fundamental rights strategy through inter alia the appointment of a fundamental rights officer and stresses the importance of ensuring independent monitoring of compliance by the agency with its fundamental rights obligations; Considers that any rule pertaining to the surveillance of seaexternal borders (air, land or sea) needs to be agreed on as soon as possible, that priority should be given to saving the lives of migrants and that the principle of non- refoulement is to be fully respectedrespect and be guided by the principle of safeguarding the human rights of migrants and asylum seekers; Regrets, therefore, the lack of respect of the principle of non-refoulement by some Member States and calls on the European Commission to ensure through all means, including financial means, this principle is respected; Stresses the need to ensure that any cooperation with third countries on migration fully respects the rights of asylum seekers, refugees and migrants and that monitoring mechanisms are in place to guarantee that human rights are observed in practice; Considers that the new rules for the surveillance of sea borders need to be agreed on as soon as possible provided they give priority to the saving the lives of migrants and fully respect the principle of non-refoulement;
Amendment 224 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Condemns the weak response of the EU and its Member States with regards to the number of dead persons, particularly at sea, and to the increasing violations of human rights when irregular migrants try to enter the EU; calls on the Commission to consult it before signing any agreement between Frontex and third countries; insists that such agreements should provide a high level of protection to ensure that the standards of human rights are fully respected, especially with regard to returns and the organisation of joint operations, search and rescue or interception operations; recalls the various reports of international organisations (notably the Council of Europe and the UN), of the Fundamental Rights Agency and the European Ombudsman concerning the impact of the management of external borders of the EU to migrants' rights and the respect for human rights by Frontex and calls on the European institutions and Member States to take the necessary measures without delay to put an end to these violations;
Amendment 229 #
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the successfulTakes note of the migration to the Schengen Information System II, the continued roll-out of the Visa Information System and the setting-up of the agency eu-LISA for their operational management; underlines that these new systems now need to stand the test of everyday use; recalls its request that ‘'new border management instruments or large-scale data storage systems should not be launched until the existing tools are fully operational, safe and reliable’'; is looking forward to the evaluations ofcalls on the Commission to evaluate all the systems foreseen in the respective legal instruments;
Amendment 234 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls for a much better implementation of the visa acquis and greater harmonisation of visa procedures and prac; calls on the Commission to make full use of its powers as guardian of the Treatices; believes that common visa application centres should become the standard in this respect; calls for an interinstitutional discussion on the objectives of the common visa policy;
Amendment 237 #
Motion for a resolution
Subheading 10
Subheading 10
Amendment 245 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Recalls that in the Stockholm Programme the European Council had underlined ‘'that well-managed migration can be beneficial to all stakeholders’'; regrets the limited progress made in the adoption of legislation in the field of legal migration, and calls for greater efforts in the future not only in view of the demographic challenges and the needs of the economy but also to ensure the protection of migrants, including migrant workers, through well-defined rules and procedures that offer legal clarity and certainty and, therefore, also provide avenues for appeal and redress; believes, at the same time, that the integration of migrants as a two-way process requires greater attention as well as the enforcement of migrants fundamental rights;
Amendment 253 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Welcomes the adoption of the asylum package stressing however that it falls short of the standards ensuring a high level of protection; calls on the Commission to monitor the correct implementation of the package by the Member States as from the date of application and to take the necessary steps to ensure that national legislations are in line with the developments in the case-law ; calls on the EASO to support Member States in this process; recalls that the asylum package only provides a minimum framework for Member States' policies in this field and encourages Member States to go beyond the minimum provisions existing therein, especially as regards the detention of asylum seekers, in particular of minors, the rights of vulnerable persons, the use of accelerated procedures;
Amendment 255 #
Motion for a resolution
Paragraph 44 – subparagraph 1 (new)
Paragraph 44 – subparagraph 1 (new)
Regrets the continuing and systematic practice of detaining migrants in detention centres as recently underlined by the UN Human Rights Council; calls for alternatives to detention to be further developed and implemented, including regularisation of undocumented migrants based on clear criteria;
Amendment 262 #
Motion for a resolution
Paragraph 45
Paragraph 45
45. Deeply deplores the failure to make the principles of solidarity and fair sharing of responsibility, as laid down in Article 80 TFEU, a reality; believes that accentuated and more concrete measures will be necessary in the future, including the use of Article 80 as a legal basis in relevant legislative texts and the establishment of a permanent relocation system for beneficiaries of international protection within the EU, which could also serve as a basis for future initiatives aiming at relocating asylum seekers;
Amendment 269 #
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Recalls the Commission's commitment to facilitate the orderly arrival in the EU of persons in need of protection and calls on it to explore new approaches to access to asylum procedures inter alia through the adoption of the 'Communication on new approaches concerning access to asylum procedures targeting main transit countries' scheduled for 2013; Calls moreover on the Commission to submit a communication on a framework for the transfer of protection of beneficiaries of international protection and mutual recognition of asylum decisions by 2014, in line with the Action Plan Implementing the Stockholm Programme;
Amendment 301 #
Motion for a resolution
Paragraph 51
Paragraph 51
51. RTaking into account the wide gap which exists between the policies adopted and their implementation at national level, which contributes to an increasingly complex and inconsistent framework, requests the Commission to put more emphasis on overseeing and ensuring the concrete implementation of EU legislation by the Member States; notes that, when the rights of citizens are concerned, this needs to be done as of the first day an act enters into force; considers that more needs to be done in this area, and that the reasons for any failure to implement EU legislation should be identified, justified and addressed;