25 Amendments of Sylvie GUILLAUME related to 2014/2215(INI)
Amendment 3 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- - Having regard to regulation (EU) of the European Parliament and of the Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
Amendment 25 #
Motion for a resolution
Recital G
Recital G
G. whereas Frontex is tasked to ensure the efficient implementation of the common rules on standards and procedures for the control and surveillance of the external borders, by means of closer coordination of operational cooperation between Member States, and whereas these activities clearly have human rights implications which haven't been adequately tackled by Frontex and the European Union;
Amendment 27 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas Frontex also builds operational cooperation with countries outside the EU as an integral part of its mission, in key areas such as information exchange, risk analysis, training, research and development, joint operations (including joint return operations) and pilot projects;
Amendment 29 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas, according to article 14.1 of the Frontex regulation, the Agency and the Member states shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries;
Amendment 30 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas Frontex's operational cooperation with the competent authorities of partner countries is conducted through working arrangements, which are not legally binding and fall outside the scope of international law, and whose practical implementation shall not be regarded as fulfilment of international obligations by Frontex and the European Union; considering this situation raises a legal uncertainty which can be seen as contradictory with Frontex's human rights obligations;
Amendment 45 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas the European Commission has committed to an upcoming Frontex Review
Amendment 52 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’s efforts in taking on board the Ombudsman’s recommendations; acknowledges Frontex’s current actions to enhance respect for fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 56 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the recommendation by the European Ombudsman that Frontex should deal with complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up the complaints mechanism, including within the framework of its working arrangements concluded with the competent authorities of third countries;
Amendment 62 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’s external borders and beyond, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, also when cooperating with third countries outside the EU territory, thus becoming a first-instance body for complaints;
Amendment 66 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved; stresses that this lack of transparency applies in particular in the case of Frontex's working arrangements, over which the European Parliament cannot exercise its democratic scrutiny, because it doesn't have to be consulted prior to the conclusion of these agreements and is not even informed about the way they are practically implemented;
Amendment 70 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an effective remedy; suggestrecognizes that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved;
Amendment 73 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-compliant with the principle of good administration and undermines the effective implementation of the Agency’s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’s role under EU law, in particular its participation in Migration Management Support Teams working in ‘hotspot’ areas and its operational cooperation with the competent authorities of partner countries through working arrangements;
Amendment 75 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-compliant with EU law and the principle of good administration and undermines the effective implementation of the Agency’s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’s role under EU law, in particular its participation in Migration Management Support Teams working in ‘hotspot’ areas;
Amendment 78 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law, which acts on behalf of the European Union, even when it operates beyond its external borders, should not limit its responsibility under international and EU law, in particular to ensure that migrants and asylum seekers' fundamental rights are respected and protected; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 85 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributableat the actions of those involved in Frontex operations should not only be attributable to Member States but also to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; believes that due consideration should therefore be given to the competences of Frontex, by delimiting unequivocally the scope of its accountability and ensuring that it assumes its responsibilities with respect to human rights in joint operations, and those of the EU Member States;
Amendment 93 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for an official central structure within Frontex for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should objectively check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly;
Amendment 107 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provisionestablished by the Fundamental Rights Officer as respecting the Charter of Fundamental rights for the admissibility of complaints; recommends the development - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 120 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by at least the top 10 ´nationalities of migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 141 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recommends that when complaints originate from asylum seekers, in particular those which are part of vulnerable groups such as unaccompanied minors, the Fundamental Rights Office, shall consult with EASO and seek advice.
Amendment 151 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Frontex Executive Director to consider the exclusion of any officer who has been found to be in breach of fundamental rights from participating in any Frontex operation or pilot project; stresses that this should also apply to national officers from partner countries participating in Frontex's operations as part of a working arrangement;
Amendment 161 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Recommends that in its Annual General Report, Frontex includes information on the complaints made in the preceding year and the follow-up which has been made, stresses that this summary must include an overview of the types of violations alleged and the violations that actually occurred in order to help identify shortcomings, and ways to improve the staff's code of conduct; the same report should highlight if such violations occurred by guest officers or not, and when occurring by guest officers should indicate if sufficient information and follow up was provided by the Member State receiving such a complaint.
Amendment 168 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check; Notes that returnees must be briefed about their fundamental rights prior to return operations, in a way that is understandable and comprehensible to every returnee.
Amendment 177 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; cCalls on Frontex to provide the necessary resources to the Fundamental Rights Office for handling the complaints received;
Amendment 185 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that Frontex and the European Ombudsman establish close cooperation in order to improve the protection of individuals from possible acts of maladministration regarding the activities of Frontex, including when the Agency operates beyond the external borders of the European Union through working arrangements;
Amendment 192 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Member States and the partner countries which have concluded working arrangements with Frontex to cooperate efficiently with Frontexthe Agency in order to ensure the smooth running of the complaints mechanism; encourages Frontex to provide technical assistance to the Member States and the relevant third countries in order to ensure the mechanism’s effectiveness;