7 Amendments of Tanja FAJON related to 2015/0281(COD)
Amendment 83 #
Proposal for a directive
Recital 5
Recital 5
(5) Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. These forms of behaviour should be punishable also if committed through the Internet, including social mediawhile respecting the principle of proportionality, with regard to the legitimate aims pursued and to the necessity of criminalisation in a democratic society.
Amendment 89 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Nothing in this directive shall have the effect of altering the rights, obligations and responsibilities of the Member States, humanitarian organisations and individuals under international law. The activities of parties to armed conflict, which are governed by international humanitarian law within the meaning of these terms under that law, and, inasmuch as they are governed by other rules of international law, are not governed by this Directive. Humanitarian activities carried out by impartial humanitarian organisations internationally recognised should not be considered as contributing to the criminal activities of terrorist groups.
Amendment 152 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure the success of investigations and prosecution of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, those responsible for investigating and prosecuting such offences shall have the possibility to make use of effective investigative tools such as those used in combating organised crime and other serious crimes. Such tools should be proportionate to the nature and gravity of the offences under investigation. In order to ensure the respect of the fundamental rights and freedom and the presumption of innocence and effective procedural safeguards, the use of such investigative tools should always be subject to the control of a judicial authority, and mass surveillance should never be allowed. Every individual should dispose of effective remedies to challenge any violation of his fundamental rights.
Amendment 190 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 245 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The provision of humanitarian activities by internationally recognised humanitarian organizations shall not be considered as contributing to the criminal activities of the terrorist groups.
Amendment 259 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 360 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.