Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
CASHMAN Michael ( PSE)
|
|
| Committee Opinion | FEMM |
GIBAULT Claire ( ALDE)
|
|
| Committee Opinion | AFET |
ROUČEK Libor ( PSE)
|
Lead committee dossier:
Events
PURPOSE: to establish the multi-annual framework for the European Union Agency for Fundamental Rights for 2007-2012.
LEGISLATIVE ACT: Council Decision 2008/203/EC implementing Regulation (EC) No 168/2007 as regards the adoption of a multi-annual framework for the European Union Agency for Fundamental Rights for 2007-2012.
BACKGROUND: on 15 February 2007, the Council adopted Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (see CNS/2005/0124 ). The Agency, which became operational on 1 March 2007, aims to provide the relevant institutions and authorities of the Community and its Member States with assistance and expertise relating to fundamental rights when implementing the Community law. The tasks entrusted to the Agency mainly include: the collection and analysis of information and data on the respect of fundamental rights; the provision of advice to EU institutions and bodies, as well as to Member States, through reports and opinions; cooperation with civil society; and raising awareness among the public.
According to Article 5 of the Regulation, the thematic areas of activity must be determined by the Council, through a multi-annual framework. This Decision aims to clearly establish this framework.
CONTENT: the multi-annual framework for the Agency’s activities for 2007-2012 is as follows:
1. Thematic areas :
(a) racism, xenophobia and related intolerance;
(b) discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation and against persons belonging to minorities and, upon request by the Parliament, any combination of these grounds (multiple discrimination);
(c) compensation of victims;
(d) the rights of the child, including the protection of children;
(e) asylum, immigration and integration of migrants;
(f) visa and border control;
(g) participation of the citizens of the Union in the Union’s democratic functioning;
(h) information society and, in particular, respect for private life and protection of personal data;
(i) access to efficient and independent justice.
Complementarity : the multi-annual framework also includes provisions that aim to ensure a complementarity with the missions of other Community bodies and agencies, as well as with the Council of Europe and other international organisations working in the area of fundamental rights. The Community bodies and agencies that are most directly affected by the Agency’s multi-annual framework are the European Institute for Gender Equality (see COD/2005/0017 ), and the European Data Protection Supervisor (see COD/1999/0153 ).
Regarding this complementarity, a memorandum of understanding will be concluded between the Agency and the Institute, once the latter is in place, to ensure appropriate coordination. The Agency shall deal with issues relating to discrimination based on sex only as part of, and to the extent relevant to its work to be undertaken on general issues on discrimination, whereas the European Institute for Gender Equality shall be responsible for contributing to and strengthening the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies.
In the same way, the Decision establishes the allocation of tasks between the Agency and the European Data Protection Supervisor: the Agency shall carry out tasks in the area of human rights issues relating to the information society, whilst the European Data Protection Supervisor will ensure that the fundamental rights and freedoms of natural persons, and in particular their right to privacy, are respected by Community institutions and bodies.
Lastly, the Agency shall coordinate its activities with those of the Council of Europe, in the framework of a future agreement to be concluded with this non-EU body (see CNS/2007/0173 ).
It should be noted that this Decision has no direct implication for the EU budget.
ENTRY INTO FORCE: 28/02/2008.
The European Parliament adopted a legislative resolution based on the report drafted by Michael CASHMAN (PES, UK) amending, under the consultation procedure, the proposal for a Council decision implementing Regulation (EC) No 168/2007 as regards the adoption of a Multi-annual Framework for the European Union Agency for Fundamental Rights for 2007-2012. The resolution was adopted by 462 votes for, 60 against and 51 abstentions. The amendments extend the scope of the Agency to cover new areas of competence.
The main amendments were as follows:
-a new Article states that the Agency may formulate and publish conclusions and opinions on thematic areas not covered by Article 2 where there are exceptional and compelling circumstances. Under such circumstances, notification of tasks undertaken shall be sent to the Commission, the Council and the European Parliament. An amendment in the recitals states that the Framework should include amongst the thematic areas of the Agency's activity protection of the rights of persons belonging to ethnic or national minorities;
-another new Article states that the Commission may, at its own initiative or at the initiative of the Council, the European Parliament or the Management Board of the Agency, not earlier than one year after adoption of the Multiannual Framework, make a proposal to review the Framework in accordance with the procedure provided for in Article 5(1) of Regulation (EC) No 168/2007;
-in its work in the thematic areas, the Agency shall seek to identify the economic, social and cultural factors that contribute to respect for human rights in those areas or which may constitute root causes of violations of human rights. Parliament amended the list of thematic areas, adding the following: a) discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation or of persons belonging to traditional national and linguistic minorities and any combination of these grounds (multiple discrimination); b) access to efficient and independent justice, in relation to the rights of defendants and suspects ; c) extreme poverty and social exclusion;
-a new clause stipulates that the Agency shall actively cooperate with candidate countries in the field of fundamental rights in order to facilitate their compliance with Community law;
-the Agency shall deal with issues relating to discrimination based on sex, in particular instances of multiple discrimination, only as part of, and to the extent relevant to its work to be undertaken on general issues on discrimination referred to in the text, while respecting the objectives and remit of the European Institute for Gender Equality established by Regulation (EC) No 1922/2006. The arrangements for cooperation between the Agency and the Institute shall be laid down in a memorandum of understanding in accordance with Article 7 of Regulation (EC) No 168/2007.
It should be noted that Parliament inserted some new recitals into the text, and these are as follows;
-the Agency may work outside the thematic areas determined in the Multiannual Framework at the request of the European Parliament, the Council or the Commission, provided its financial and human resources so permit;
-the Framework defines the thematic areas on which the Agency should work, whereas the Agency's tasks are determined by Article 4 of Regulation (EC) No 168/2007, which mentions in particular the task of raising public awareness of fundamental rights and of actively disseminating information about the work of the Agency;
-all human beings are born equal and therefore human rights are indivisible and inviolable;
-the Agency should report regularly to the European Parliament;
-it is necessary to monitor compliance by the EU institutions and all the Member States with all international human rights conventions to which the Member States are party.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Michael CASHMAN (PES, UK) amending, under the consultation procedure, the proposal for a Council decision implementing Regulation (EC) No 168/2007 as regards the adoption of a Multi-annual Framework for the European Union Agency for Fundamental Rights for 2007-2012. The amendments intend to extend the scope of the Agency to cover new areas of competence . It should be noted that the report notes that the rapporteur has replicated some of what he sees as key parts of Regulation 168/2007 as amendments in this report. He feels that it is worth clearly restating in the report on the multi-annual framework some of the basic elements of the Agency’s mandate and the work that it will pursue.
Firstly, the report states that the Framework should include the fight against racism, xenophobia and related intolerance amongst the thematic areas of the Agency's activity and the protection of the rights of persons belonging to ethnic or national minorities.
One important amendment stipulates that the Agency shall deal with issues relating to discrimination based on sex, in particular instances of ‘multiple discrimination’. The notion of ‘multiple discrimination’ should be examined closely so as to try and understand this complex form of discrimination. In its work in the thematic areas, the Agency shall seek to identify the economic, social and cultural factors that contribute to respect for human rights in those areas or which may constitute root causes of violations of human rights such as extreme poverty and social exclusion.
The report states that the Agency may work outside the thematic areas determined in the Multi-annual Framework at the request of the European Parliament, the Council or the
Commission provided its financial and human resources so permit. The Commission, the Council and the European Parliament may request the Agency to investigate specific actions or concerns.
The report also calls for better democratic scrutiny and urges the other institutions to involve the European Parliament in this process as much as is possible. The Agency should report regularly to the European Parliament.
On the specific issue of the Agency’s five year framework programme, MEPs consider that although this framework provides stability for the work of the Agency, there should be a possibility to update or review this framework during this period as new challenges to the protection of human rights may arise.
Lastly, the report states that the Agency shall actively cooperate with candidate countries in the field of fundamental rights in order to facilitate their compliance with Community law.
PURPOSE: setting the multiannual framework for the European Union Agency for Fundamental Rights, 2007-2012.
PROPOSED ACT: Council Decision.
BACKGROUND: in February 2007, legislation adopting the European Union Agency for Fundamental Rights (see CNS/2005/0124 ) was published and the Agency became fully operational on 1 March 2007. The Agency’s objective is to provide Community institutions, bodies, offices and agencies, as well as the Member States, with assistance and expertise in the field of fundamental rights – particularly so when formulating policies and legislation concerning fundamental human rights. The tasks entrusted to the Agency include the collection and analysis of information and data; the provision of advice through reports and opinions; and awareness raising.
According to Article 5 of the Regulation, the thematic areas of activity must be determined by the Council through a multiannual framework. Within these thematic areas the Agency will, in complete independence, carry out the tasks outlined above. The European Parliament, Council or Commission may request work outside of the thematic areas - human resources and financing permitting.
CONTENT: the purpose of this proposal is to set the thematic areas that are to be included in the multiannual framework of the Agency, 2007-2012. The proposed list is based on the results of a wide-ranging consultation process as well as taking account of Parliamentary Resolutions and Council deliberations. The proposed list is “policy-based” as well as “topical” thereby allowing the Agency to examine all problems associated with the abuse of human rights within a given thematic theme. Thus, to some extent, all Chapters of the Charter of Fundamental Rights of the European Union will be covered.
In brief, the proposed thematic areas are as follows:
Racism, xenophobia and related intolerance: this thematic area is prescribed by the Regulation itself. Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, or persons belonging to minorities: as well as the topics listed in this heading, this thematic will also cover “multiple discrimination” at the work place. As far as “sexual orientation” is concerned recent developments in the EU, as well as strong demand from the European Parliament on homophobia, requires this later topic to be included in the multi-annual framework. On the matter of “gender issues”, the Agency will seek to streamline work with that of the European Institute for Gender Equality. Compensation for victims, prevention of crime and related aspects relevant to the security of citizens: Security is essential to EU citizens within an area of freedom, security and justice. Crime prevention is an indispensable part of this work and as such victims’ rights should be included under the thematic areas. Protection of children, including the rights of the child: work will focus on matters relating to free movement, education, social inclusion, youth policies and the media. Immigration: work will focus on the treatment of immigrants at border crossings and detention centres for illegal immigrants. It will also concentrate on victims of human trafficking, immigrant integration, female mutilation and forced marriages. Asylum: this heading will focus on a particularly vulnerable group of people, who are already subject to extensive Community asylum legislation. Border and Visa policy: specific clauses already exist in Community legislation relating to the protection of, and respect for, fundamental human rights in border and visa policy. Participation in the Union’s democratic functioning: this thematic study will concern itself with citizens’ right to participate in local elections and elections to the European Parliament. Human rights and the information society: under this heading issues such as the right to a private life and data protection will be analysed. It will be closely linked to transparency issues as well as touching on issues related to the internet and other electronic communication mechanisms, radio frequency identification, freedom of speech and public interests of security. Access to efficient and independent justice: extensive Community legislation in this field (legal aid, simplified civil procedures, common law etc.) already exists and as such is important to the European area of civil justice.
Complementarity : the proposed Framework should include provisions with a view of ensuring complementarity with the remit of other Community and Union bodies, offices and agencies, as well as with the Council of Europe and other international organisations active in the field of fundamental rights. The most relevant Community agencies and bodies in relation to this Multiannual Framework are the European Institute for Gender Equality ( COD/2005/0017 ) and the European Data Protection Supervisor ( COD/1999/0153 ).
In this context, because the gender equality issues will be dealt by the European Institute for Gender Equality, a memorandum of understanding will be concluded between the Agency and the Institute once the latter is in place to ensure appropriate coordination.
The Agency shall deal with issues relating to discrimination based on sex only as part of, and to the extent relevant to its work to be undertaken on general issues on discrimination taking into account that the overall objectives of the European Institute for Gender Equality shall be to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies.
The Agency shall carry out its tasks in the area of human rights issues relating to the information society without prejudice to the responsibilities of the European Data Protection Supervisor for ensuring that the fundamental rights and freedoms of natural persons, and in particular their right to privacy.
PURPOSE: setting the multiannual framework for the European Union Agency for Fundamental Rights, 2007-2012.
PROPOSED ACT: Council Decision.
BACKGROUND: in February 2007, legislation adopting the European Union Agency for Fundamental Rights (see CNS/2005/0124 ) was published and the Agency became fully operational on 1 March 2007. The Agency’s objective is to provide Community institutions, bodies, offices and agencies, as well as the Member States, with assistance and expertise in the field of fundamental rights – particularly so when formulating policies and legislation concerning fundamental human rights. The tasks entrusted to the Agency include the collection and analysis of information and data; the provision of advice through reports and opinions; and awareness raising.
According to Article 5 of the Regulation, the thematic areas of activity must be determined by the Council through a multiannual framework. Within these thematic areas the Agency will, in complete independence, carry out the tasks outlined above. The European Parliament, Council or Commission may request work outside of the thematic areas - human resources and financing permitting.
CONTENT: the purpose of this proposal is to set the thematic areas that are to be included in the multiannual framework of the Agency, 2007-2012. The proposed list is based on the results of a wide-ranging consultation process as well as taking account of Parliamentary Resolutions and Council deliberations. The proposed list is “policy-based” as well as “topical” thereby allowing the Agency to examine all problems associated with the abuse of human rights within a given thematic theme. Thus, to some extent, all Chapters of the Charter of Fundamental Rights of the European Union will be covered.
In brief, the proposed thematic areas are as follows:
Racism, xenophobia and related intolerance: this thematic area is prescribed by the Regulation itself. Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, or persons belonging to minorities: as well as the topics listed in this heading, this thematic will also cover “multiple discrimination” at the work place. As far as “sexual orientation” is concerned recent developments in the EU, as well as strong demand from the European Parliament on homophobia, requires this later topic to be included in the multi-annual framework. On the matter of “gender issues”, the Agency will seek to streamline work with that of the European Institute for Gender Equality. Compensation for victims, prevention of crime and related aspects relevant to the security of citizens: Security is essential to EU citizens within an area of freedom, security and justice. Crime prevention is an indispensable part of this work and as such victims’ rights should be included under the thematic areas. Protection of children, including the rights of the child: work will focus on matters relating to free movement, education, social inclusion, youth policies and the media. Immigration: work will focus on the treatment of immigrants at border crossings and detention centres for illegal immigrants. It will also concentrate on victims of human trafficking, immigrant integration, female mutilation and forced marriages. Asylum: this heading will focus on a particularly vulnerable group of people, who are already subject to extensive Community asylum legislation. Border and Visa policy: specific clauses already exist in Community legislation relating to the protection of, and respect for, fundamental human rights in border and visa policy. Participation in the Union’s democratic functioning: this thematic study will concern itself with citizens’ right to participate in local elections and elections to the European Parliament. Human rights and the information society: under this heading issues such as the right to a private life and data protection will be analysed. It will be closely linked to transparency issues as well as touching on issues related to the internet and other electronic communication mechanisms, radio frequency identification, freedom of speech and public interests of security. Access to efficient and independent justice: extensive Community legislation in this field (legal aid, simplified civil procedures, common law etc.) already exists and as such is important to the European area of civil justice.
Complementarity : the proposed Framework should include provisions with a view of ensuring complementarity with the remit of other Community and Union bodies, offices and agencies, as well as with the Council of Europe and other international organisations active in the field of fundamental rights. The most relevant Community agencies and bodies in relation to this Multiannual Framework are the European Institute for Gender Equality ( COD/2005/0017 ) and the European Data Protection Supervisor ( COD/1999/0153 ).
In this context, because the gender equality issues will be dealt by the European Institute for Gender Equality, a memorandum of understanding will be concluded between the Agency and the Institute once the latter is in place to ensure appropriate coordination.
The Agency shall deal with issues relating to discrimination based on sex only as part of, and to the extent relevant to its work to be undertaken on general issues on discrimination taking into account that the overall objectives of the European Institute for Gender Equality shall be to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies.
The Agency shall carry out its tasks in the area of human rights issues relating to the information society without prejudice to the responsibilities of the European Data Protection Supervisor for ensuring that the fundamental rights and freedoms of natural persons, and in particular their right to privacy.
Documents
- Final act published in Official Journal: Decision 2008/203
- Final act published in Official Journal: OJ L 063 07.03.2008, p. 0014
- Commission response to text adopted in plenary: SP(2008)1176
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0014/2008
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A6-0514/2007
- Committee report tabled for plenary, 1st reading/single reading: A6-0514/2007
- Committee opinion: PE396.747
- Amendments tabled in committee: PE398.472
- Committee opinion: PE396.675
- Committee draft report: PE396.754
- Legislative proposal: COM(2007)0515
- Legislative proposal: EUR-Lex
- Legislative proposal published: COM(2007)0515
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2007)0515 EUR-Lex
- Committee draft report: PE396.754
- Committee opinion: PE396.675
- Amendments tabled in committee: PE398.472
- Committee opinion: PE396.747
- Committee report tabled for plenary, 1st reading/single reading: A6-0514/2007
- Commission response to text adopted in plenary: SP(2008)1176
Activities
- Gérard ONESTA
Plenary Speeches (5)
- 2016/11/22 Multiannual framework for the Fundamental Rights Agency for 2007-2012 (debate)
- 2016/11/22 Multiannual framework for the Fundamental Rights Agency for 2007-2012 (debate)
- 2016/11/22 Multiannual framework for the Fundamental Rights Agency for 2007-2012 (debate)
- 2016/11/22 Multiannual framework for the Fundamental Rights Agency for 2007-2012 (debate)
- 2016/11/22 Multiannual framework for the Fundamental Rights Agency for 2007-2012 (debate)
- Michael CASHMAN
- Irena BELOHORSKÁ
Plenary Speeches (1)
- Bairbre de BRÚN
Plenary Speeches (1)
- Koenraad DILLEN
Plenary Speeches (1)
- Genowefa GRABOWSKA
Plenary Speeches (1)
- Roger KNAPMAN
Plenary Speeches (1)
- Magda KÓSÁNÉ KOVÁCS
Plenary Speeches (1)
- Stavros LAMBRINIDIS
Plenary Speeches (1)
- Íñigo MÉNDEZ DE VIGO
Plenary Speeches (1)
- Cem ÖZDEMIR
Plenary Speeches (1)
- Hubert PIRKER
Plenary Speeches (1)
- Libor ROUČEK
Plenary Speeches (1)
- Konrad SZYMAŃSKI
Plenary Speeches (1)
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