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2013/2078(INI) Situation of fundamental rights in the European Union (2012)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE MICHEL Louis (icon: ALDE ALDE) BAUER Edit (icon: PPE PPE), BEŇOVÁ Monika (icon: S&D S&D), LUNACEK Ulrike (icon: Verts/ALE Verts/ALE), KIRKHOPE Timothy (icon: ECR ECR), VERGIAT Marie-Christine (icon: GUE/NGL GUE/NGL)
Committee Opinion PETI
Committee Opinion EMPL KÓSA Ádám (icon: PPE PPE) Jean LAMBERT (icon: Verts/ALE Verts/ALE)
Committee Opinion FEMM PAPADOPOULOU Antigoni (icon: S&D S&D) Teresa JIMÉNEZ-BECERRIL BARRIO (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 052

Events

2014/02/27
   EP - Results of vote in Parliament
2014/02/27
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 312 votes to 244, with 27 abstentions, a resolution on the situation of fundamental rights in the European Union.

Parliament condemned the worrying trends with regard to breaches of human rights within the EU, particularly in the fields of immigration and asylum, and with regard to discrimination and intolerance – especially affecting certain population groups (minorities and migrants) – security and terrorism, freedom of the press, freedom of movement within the Union and social and trade union rights.

It recommended that Parliament, the Commission and the Council recognise the existence of positive obligations to protect and promote human rights, and highlighted the role played in this area by regional and local authorities, NGOs and civil society, with whom the Commission and the Council should improve cooperation.

Institutional questions : Parliament noted that the general public were increasingly concerned about respect for fundamental rights and they made a series of recommendations on making full use of the potential of the treaties in this regard, including establishing a ‘new Copenhagen mechanism’ to ensure that the fundamental rights and values of the Union are respected, protected and promoted.

Copenhagen mechanism : this would be aimed at monitoring compliance with the Copenhagen criteria by every Member State in an effective and binding manner, could be activated immediately, on the basis of a Commission decision, with the full involvement of Parliament. It should, inter alia:

set indicators such as those developed at UN and Council of Europe level, taking into account the advice of NGOs working in the area of human rights and fundamental freedoms (European Union Agency for Fundamental Rights (FRA) and Commission); carry out objective, comparative and regular assessments , for each of the fundamental rights and/or subject areas and for each institution and Member State individually; establish a European policy cycle on the application of Article 2 of the EU Treaty (democracy, rule of law, fundamental rights, equality) to provide an annual and multiannual framework, and an open annual interinstitutional forum on these European values, in particular the protection of fundamental rights; bring all existing data and analysis from national, European and international bodies together in order to ensure that relevant information is more accessible and visible ; adopt a set of recommendations along with effective and proportionate penalties which act as an effective deterrent (e.g. the temporary suspension of Fund commitments, the application of certain acts, etc.) to deal with violations of Articles 2 and 7 of the EU Treaty; incorporate an early-warning system, political and technical dialogue, letters of formal notice and a ‘freezing procedure’, to ensure that Member States, at the request of EU institutions, suspend the adoption of laws that might disregard or breach fundamental rights or the EU legal order.

The Commission was asked to adopt a decision establishing this ‘new Copenhagen mechanism ’, as it did for the monitoring of corruption in the EU and in the Member States, and to revise the FRA rules in order to give it enhanced powers and competences. Members want to see the establishment of a ‘ Copenhagen commission’ composed of independent high-level experts on fundamental rights, to be appointed inter alia by Parliament, whose aim should be to ensure compliance by all Member States with the common values enshrined in Article 2 TEU and continuous compliance with the ‘Copenhagen criteria’ and to advise and report on fundamental rights matters, pending the amendment the FRA Regulation to allow the agency to have stronger powers and a wider remit.

Parliament noted a recent statement from the Commission announcing a communication setting out possible changes to the Treaties , and called on Parliament’s competent committees to examine specified proposals in detail, with a view to strengthening fundamental rights:

revision of Article 7 of the EU Treaty , adding an ‘application of Article 2 of the EU Treaty’ stage, separating the ‘risk’ stage from the ‘violation’ stage, with different thresholds for the majorities provided for, a strengthening of technical and objective (not only political) analysis, enhanced dialogue with the Member States’ institutions and a wider range of penalties which are applicable throughout the procedure; extending the scope for redress and the powers of the Commission and the Court of Justice; enabling Parliament to launch proceedings on the violation of Article 2 TEU on an equal footing with the Commission and the Council, and for the FRA to be able to contribute its necessary specialised support to the procedure; reviewing the unanimity requirement in areas relating to fundamental rights, such as equality and non-discrimination (e.g. Article 19 TFEU).

On specific rights , Parliament expressed its concern about the numerous instances of ill-treatment by police and the forces of law and order, particularly in relation to the disproportionate use of force against peaceful participants and journalists in connection with demonstrations , and the excessive use of non-lethal weapons, such as batons, rubber bullets and tasers. It called on the Member States to ensure that the uniforms of law enforcement personnel bear a means of identifying the wearer and that such personnel are always held to account for their actions. It called for an end to police checks that are based on ethnic and racial profiling .

Parliament also stressed that the climate of impunity as regards the CIA programme has made it possible for fundamental rights violations to continue under EU and US counter-terrorism policies. It called for legislation concerning EU and Member State security and intelligence agencies to be revised, with a particular focus on ex-ante judicial and parliamentary scrutiny, and the right to appeal and to rectify data collected, held or processed by these agencies.

As regards freedoms : Parliament criticised the fact that the Internal Security Strategy (ISS) focuses on security to the detriment of civil liberties, fundamental rights and the adoption of preventive measures. It considered that Parliament should play a decisive role in the evaluation and framing of internal security policies. It expressed its concern about the revelations concerning the flagrant breach of the right to private life and protection of personal data committed in the secret programmes of mass surveillance of European citizens, without case-by-case judicial authorisation and without appropriate parliamentary control, established by European and non-European states. It stressed that the EU and its Member States should adopt a whistle-blower protection system for persons revealing serious violations of fundamental rights by intelligence services that have eluded all democratic, parliamentary and judicial scrutiny.

The Member States and the Council are urged to speed up the work of the Task Force Mediterranean in order to ensure a significant expansion of rescue capacity at sea and launch a comprehensive plan on migration and asylum, based on solidarity and responsibility sharing in order to ensure that tragedies such as those which have occurred off Lampedusa do not happen again.

As regards equality : Parliament considered that the Union and the Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the rights of persons with disabilities, the rights of LGBT persons and the rights of persons belonging to national minorities. It called on the Member States and the Commission to protect, promote and enforce children’s rights in all internal and external actions.

Parliament called on the Commission to ensure equality between women and men and prevent, combat and prosecute all forms of violence against women as a fundamental rights violation, while ensuring support and protection for victims.

As regards solidarity : Parliament underlined the fact that unemployment, poverty or social marginalisation makes it much more difficult, if not practically impossible, for people to exercise the rights and freedoms and to gain access to basic social, financial and other services.

Lastly, on justice , Parliament urged the Commission to examine the effective implementation in the EU of the right of access to justice in the context of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being.

It should be noted that an alternative resolution presented by the EPP group was rejected in plenary.

Documents
2014/02/27
   EP - End of procedure in Parliament
2014/02/26
   EP - Debate in Parliament
2014/01/27
   EP - Committee report tabled for plenary, single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the own-initiative report by Louis Michel (ALDE, BE) on the situation of fundamental rights in the European Union.

It condemned the worrying trends with regard to breaches of human rights within the EU, particularly in the fields of immigration and asylum, and with regard to discrimination and intolerance – especially affecting certain population groups (minorities and migrants) – security and terrorism, freedom of the press, freedom of movement within the Union and social and trade union rights. It recommended that Parliament, the Commission and the Council recognise the existence of positive obligations to protect and promote human rights, and highlighted the role played in this area by regional and local authorities, NGOs and civil society, with whom the Commission and the Council should improve cooperation.

Institutional questions : Members considered that the general public were increasingly concerned about respect for fundamental rights and they made a series of recommendations on making full use of the potential of the treaties in this regard, including establishing a ‘new Copenhagen mechanism’ to ensure that the fundamental rights and values of the Union are respected, protected and promoted.

Copenhagen mechanism : this would be aimed at monitoring compliance with the Copenhagen criteria by every Member State in an effective and binding manner, could be activated immediately, on the basis of a Commission decision, with the full involvement of Parliament. It should, inter alia:

· set indicators such as those developed at UN and Council of Europe level, taking into account the advice of NGOs working in the area of human rights and fundamental freedoms (European Union Agency for Fundamental Rights (FRA) and Commission);

· carry out objective, comparative and regular assessments , for each of the fundamental rights and/or subject areas and for each institution and Member State individually;

· establish a European policy cycle on the application of Article 2 of the EU Treaty (democracy, rule of law, fundamental rights, equality) to provide an annual and multiannual framework, and an open annual interinstitutional forum on these European values, in particular the protection of fundamental rights;

· bring all existing data and analysis from national, European and international bodies together in order to ensure that relevant information is more accessible and visible ;

· adopt a set of recommendations along with effective and proportionate penalties which act as an effective deterrent (e.g. the temporary suspension of Fund commitments, the application of certain acts, etc.) to deal with violations of Articles 2 and 7 of the EU Treaty;

· incorporate an early-warning system, political and technical dialogue, letters of formal notice and a ‘freezing procedure’, to ensure that Member States, at the request of EU institutions, suspend the adoption of laws that might disregard or breach fundamental rights or the EU legal order.

The Commission was asked to adopt a decision establishing this ‘new Copenhagen mechanism ’, as it did for the monitoring of corruption in the EU and in the Member States, and to revise the FRA rules in order to give it enhanced powers and competences. Members want to see the establishment of a ‘ Copenhagen commission’ composed of independent high-level experts on fundamental rights, to be appointed inter alia by Parliament, whose aim should be to ensure compliance by all Member States with the common values enshrined in Article 2 TEU and continuous compliance with the ‘Copenhagen criteria’ and to advise and report on fundamental rights matters, pending the amendment the FRA Regulation to allow the agency to have stronger powers and a wider remit.

Members noted recent statement from the Commission announcing a communication setting out possible changes to the Treaties , and called on Parliament’s competent committees to examine specified proposals in detail, with a view to strengthening fundamental rights:

· revision of Article 7 of the EU Treaty , adding an ‘application of Article 2 of the EU Treaty’ stage, separating the ‘risk’ stage from the ‘violation’ stage, with different thresholds for the majorities provided for, a strengthening of technical and objective (not only political) analysis, enhanced dialogue with the Member States’ institutions and a wider range of penalties which are applicable throughout the procedure;

· extending the scope for redress and the powers of the Commission and the Court of Justice;

· enabling Parliament to launch proceedings on the violation of Article 2 TEU on an equal footing with the Commission and the Council, and for the FRA to be able to contribute its necessary specialised support to the procedure;

· reviewing the unanimity requirement in areas relating to fundamental rights, such as equality and non-discrimination (e.g. Article 19 TFEU).

Lastly, Members built on the outlines of the European Charter of Fundamental Rights, and examined the themes of: Diginity, Liberty, Equality, Citizenship and Justice.

Documents
2014/01/13
   EP - Vote in committee, 1st reading/single reading
2013/12/11
   EP - Debate in Parliament
2013/12/06
   EP - Committee opinion
Documents
2013/11/29
   EP - Committee opinion
Documents
2013/11/19
   EP - Amendments tabled in committee
Documents
2013/11/13
   EP - Amendments tabled in committee
Documents
2013/09/18
   EP - Committee draft report
Documents
2013/06/10
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/05/27
   EP - PAPADOPOULOU Antigoni (S&D) appointed as rapporteur in FEMM
2013/04/17
   EP - KÓSA Ádám (PPE) appointed as rapporteur in EMPL
2013/03/07
   EP - MICHEL Louis (ALDE) appointed as rapporteur in LIBE

Documents

Activities

AmendmentsDossier
432 2013/2078(INI)
2013/10/25 EMPL 31 amendments...
source: PE-522.779
2013/10/28 FEMM 30 amendments...
source: PE-521.841
2013/11/13 LIBE 371 amendments...
source: PE-524.505

History

(these mark the time of scraping, not the official date of the change)

committees/0
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EP
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Civil Liberties, Justice and Home Affairs
committee
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shadows
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2013-03-07T00:00:00
rapporteur
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shadows
committees/1
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body
EP
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committee_full
Employment and Social Affairs
committee
EMPL
rapporteur
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committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2013-04-17T00:00:00
rapporteur
name: KÓSA Ádám group: European People's Party (Christian Democrats) abbr: PPE
committees/2
type
Committee Opinion
body
EP
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committee_full
Women's Rights and Gender Equality
committee
FEMM
rapporteur
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committees/2
type
Committee Opinion
body
EP
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committee_full
Women's Rights and Gender Equality
committee
FEMM
date
2013-05-27T00:00:00
rapporteur
name: PAPADOPOULOU Antigoni group: Progressive Alliance of Socialists and Democrats abbr: S&D
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0051&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2014-0051_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0173
New
http://www.europarl.europa.eu/doceo/document/TA-7-2014-0173_EN.html
activities
  • date: 2013-06-10T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2013-04-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: KÓSA Ádám body: EP responsible: False committee: FEMM date: 2013-05-27T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: S&D name: PAPADOPOULOU Antigoni body: EP shadows: group: PPE name: BAUER Edit group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: Verts/ALE name: LUNACEK Ulrike group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: VERGIAT Marie-Christine responsible: True committee: LIBE date: 2013-03-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: MICHEL Louis body: EP responsible: False committee_full: Petitions committee: PETI
  • date: 2013-12-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131211&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2014-01-13T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2013-04-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: KÓSA Ádám body: EP responsible: False committee: FEMM date: 2013-05-27T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: S&D name: PAPADOPOULOU Antigoni body: EP shadows: group: PPE name: BAUER Edit group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: Verts/ALE name: LUNACEK Ulrike group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: VERGIAT Marie-Christine responsible: True committee: LIBE date: 2013-03-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: MICHEL Louis body: EP responsible: False committee_full: Petitions committee: PETI
  • date: 2014-01-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0051&language=EN type: Committee report tabled for plenary, single reading title: A7-0051/2014 body: EP type: Committee report tabled for plenary, single reading
  • date: 2014-02-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140226&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2014-02-27T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=24064&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0173 type: Decision by Parliament, 1st reading/single reading title: T7-0173/2014 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Justice and Consumers commissioner: REDING Viviane
committees/0
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Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2013-03-07T00:00:00
rapporteur
name: MICHEL Louis group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
committees/0
body
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EMPL
date
2013-04-17T00:00:00
committee_full
Employment and Social Affairs
rapporteur
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committees/1
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body
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committee_full
Employment and Social Affairs
committee
EMPL
date
2013-04-17T00:00:00
rapporteur
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committees/1
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committee_full
Women's Rights and Gender Equality
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committees/2
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EP
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committee_full
Women's Rights and Gender Equality
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date
2013-05-27T00:00:00
rapporteur
name: PAPADOPOULOU Antigoni group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/2
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date
2013-03-07T00:00:00
committee_full
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rapporteur
group: ALDE name: MICHEL Louis
committees/3
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committees/3
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docs
  • date: 2013-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.501 title: PE519.501 type: Committee draft report body: EP
  • date: 2013-11-13T00:00:00 docs: title: PE521.653 type: Amendments tabled in committee body: EP
  • date: 2013-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE524.505 title: PE524.505 type: Amendments tabled in committee body: EP
  • date: 2013-11-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.746&secondRef=02 title: PE519.746 committee: FEMM type: Committee opinion body: EP
  • date: 2013-12-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.701&secondRef=02 title: PE519.701 committee: EMPL type: Committee opinion body: EP
events
  • date: 2013-06-10T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-12-11T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131211&type=CRE title: Debate in Parliament
  • date: 2014-01-13T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2014-01-27T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0051&language=EN title: A7-0051/2014 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the own-initiative report by Louis Michel (ALDE, BE) on the situation of fundamental rights in the European Union. It condemned the worrying trends with regard to breaches of human rights within the EU, particularly in the fields of immigration and asylum, and with regard to discrimination and intolerance – especially affecting certain population groups (minorities and migrants) – security and terrorism, freedom of the press, freedom of movement within the Union and social and trade union rights. It recommended that Parliament, the Commission and the Council recognise the existence of positive obligations to protect and promote human rights, and highlighted the role played in this area by regional and local authorities, NGOs and civil society, with whom the Commission and the Council should improve cooperation. Institutional questions : Members considered that the general public were increasingly concerned about respect for fundamental rights and they made a series of recommendations on making full use of the potential of the treaties in this regard, including establishing a ‘new Copenhagen mechanism’ to ensure that the fundamental rights and values of the Union are respected, protected and promoted. Copenhagen mechanism : this would be aimed at monitoring compliance with the Copenhagen criteria by every Member State in an effective and binding manner, could be activated immediately, on the basis of a Commission decision, with the full involvement of Parliament. It should, inter alia: · set indicators such as those developed at UN and Council of Europe level, taking into account the advice of NGOs working in the area of human rights and fundamental freedoms (European Union Agency for Fundamental Rights (FRA) and Commission); · carry out objective, comparative and regular assessments , for each of the fundamental rights and/or subject areas and for each institution and Member State individually; · establish a European policy cycle on the application of Article 2 of the EU Treaty (democracy, rule of law, fundamental rights, equality) to provide an annual and multiannual framework, and an open annual interinstitutional forum on these European values, in particular the protection of fundamental rights; · bring all existing data and analysis from national, European and international bodies together in order to ensure that relevant information is more accessible and visible ; · adopt a set of recommendations along with effective and proportionate penalties which act as an effective deterrent (e.g. the temporary suspension of Fund commitments, the application of certain acts, etc.) to deal with violations of Articles 2 and 7 of the EU Treaty; · incorporate an early-warning system, political and technical dialogue, letters of formal notice and a ‘freezing procedure’, to ensure that Member States, at the request of EU institutions, suspend the adoption of laws that might disregard or breach fundamental rights or the EU legal order. The Commission was asked to adopt a decision establishing this ‘new Copenhagen mechanism ’, as it did for the monitoring of corruption in the EU and in the Member States, and to revise the FRA rules in order to give it enhanced powers and competences. Members want to see the establishment of a ‘ Copenhagen commission’ composed of independent high-level experts on fundamental rights, to be appointed inter alia by Parliament, whose aim should be to ensure compliance by all Member States with the common values enshrined in Article 2 TEU and continuous compliance with the ‘Copenhagen criteria’ and to advise and report on fundamental rights matters, pending the amendment the FRA Regulation to allow the agency to have stronger powers and a wider remit. Members noted recent statement from the Commission announcing a communication setting out possible changes to the Treaties , and called on Parliament’s competent committees to examine specified proposals in detail, with a view to strengthening fundamental rights: · revision of Article 7 of the EU Treaty , adding an ‘application of Article 2 of the EU Treaty’ stage, separating the ‘risk’ stage from the ‘violation’ stage, with different thresholds for the majorities provided for, a strengthening of technical and objective (not only political) analysis, enhanced dialogue with the Member States’ institutions and a wider range of penalties which are applicable throughout the procedure; · extending the scope for redress and the powers of the Commission and the Court of Justice; · enabling Parliament to launch proceedings on the violation of Article 2 TEU on an equal footing with the Commission and the Council, and for the FRA to be able to contribute its necessary specialised support to the procedure; · reviewing the unanimity requirement in areas relating to fundamental rights, such as equality and non-discrimination (e.g. Article 19 TFEU). Lastly, Members built on the outlines of the European Charter of Fundamental Rights, and examined the themes of: Diginity, Liberty, Equality, Citizenship and Justice.
  • date: 2014-02-26T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140226&type=CRE title: Debate in Parliament
  • date: 2014-02-27T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=24064&l=en title: Results of vote in Parliament
  • date: 2014-02-27T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0173 title: T7-0173/2014 summary: The European Parliament adopted by 312 votes to 244, with 27 abstentions, a resolution on the situation of fundamental rights in the European Union. Parliament condemned the worrying trends with regard to breaches of human rights within the EU, particularly in the fields of immigration and asylum, and with regard to discrimination and intolerance – especially affecting certain population groups (minorities and migrants) – security and terrorism, freedom of the press, freedom of movement within the Union and social and trade union rights. It recommended that Parliament, the Commission and the Council recognise the existence of positive obligations to protect and promote human rights, and highlighted the role played in this area by regional and local authorities, NGOs and civil society, with whom the Commission and the Council should improve cooperation. Institutional questions : Parliament noted that the general public were increasingly concerned about respect for fundamental rights and they made a series of recommendations on making full use of the potential of the treaties in this regard, including establishing a ‘new Copenhagen mechanism’ to ensure that the fundamental rights and values of the Union are respected, protected and promoted. Copenhagen mechanism : this would be aimed at monitoring compliance with the Copenhagen criteria by every Member State in an effective and binding manner, could be activated immediately, on the basis of a Commission decision, with the full involvement of Parliament. It should, inter alia: set indicators such as those developed at UN and Council of Europe level, taking into account the advice of NGOs working in the area of human rights and fundamental freedoms (European Union Agency for Fundamental Rights (FRA) and Commission); carry out objective, comparative and regular assessments , for each of the fundamental rights and/or subject areas and for each institution and Member State individually; establish a European policy cycle on the application of Article 2 of the EU Treaty (democracy, rule of law, fundamental rights, equality) to provide an annual and multiannual framework, and an open annual interinstitutional forum on these European values, in particular the protection of fundamental rights; bring all existing data and analysis from national, European and international bodies together in order to ensure that relevant information is more accessible and visible ; adopt a set of recommendations along with effective and proportionate penalties which act as an effective deterrent (e.g. the temporary suspension of Fund commitments, the application of certain acts, etc.) to deal with violations of Articles 2 and 7 of the EU Treaty; incorporate an early-warning system, political and technical dialogue, letters of formal notice and a ‘freezing procedure’, to ensure that Member States, at the request of EU institutions, suspend the adoption of laws that might disregard or breach fundamental rights or the EU legal order. The Commission was asked to adopt a decision establishing this ‘new Copenhagen mechanism ’, as it did for the monitoring of corruption in the EU and in the Member States, and to revise the FRA rules in order to give it enhanced powers and competences. Members want to see the establishment of a ‘ Copenhagen commission’ composed of independent high-level experts on fundamental rights, to be appointed inter alia by Parliament, whose aim should be to ensure compliance by all Member States with the common values enshrined in Article 2 TEU and continuous compliance with the ‘Copenhagen criteria’ and to advise and report on fundamental rights matters, pending the amendment the FRA Regulation to allow the agency to have stronger powers and a wider remit. Parliament noted a recent statement from the Commission announcing a communication setting out possible changes to the Treaties , and called on Parliament’s competent committees to examine specified proposals in detail, with a view to strengthening fundamental rights: revision of Article 7 of the EU Treaty , adding an ‘application of Article 2 of the EU Treaty’ stage, separating the ‘risk’ stage from the ‘violation’ stage, with different thresholds for the majorities provided for, a strengthening of technical and objective (not only political) analysis, enhanced dialogue with the Member States’ institutions and a wider range of penalties which are applicable throughout the procedure; extending the scope for redress and the powers of the Commission and the Court of Justice; enabling Parliament to launch proceedings on the violation of Article 2 TEU on an equal footing with the Commission and the Council, and for the FRA to be able to contribute its necessary specialised support to the procedure; reviewing the unanimity requirement in areas relating to fundamental rights, such as equality and non-discrimination (e.g. Article 19 TFEU). On specific rights , Parliament expressed its concern about the numerous instances of ill-treatment by police and the forces of law and order, particularly in relation to the disproportionate use of force against peaceful participants and journalists in connection with demonstrations , and the excessive use of non-lethal weapons, such as batons, rubber bullets and tasers. It called on the Member States to ensure that the uniforms of law enforcement personnel bear a means of identifying the wearer and that such personnel are always held to account for their actions. It called for an end to police checks that are based on ethnic and racial profiling . Parliament also stressed that the climate of impunity as regards the CIA programme has made it possible for fundamental rights violations to continue under EU and US counter-terrorism policies. It called for legislation concerning EU and Member State security and intelligence agencies to be revised, with a particular focus on ex-ante judicial and parliamentary scrutiny, and the right to appeal and to rectify data collected, held or processed by these agencies. As regards freedoms : Parliament criticised the fact that the Internal Security Strategy (ISS) focuses on security to the detriment of civil liberties, fundamental rights and the adoption of preventive measures. It considered that Parliament should play a decisive role in the evaluation and framing of internal security policies. It expressed its concern about the revelations concerning the flagrant breach of the right to private life and protection of personal data committed in the secret programmes of mass surveillance of European citizens, without case-by-case judicial authorisation and without appropriate parliamentary control, established by European and non-European states. It stressed that the EU and its Member States should adopt a whistle-blower protection system for persons revealing serious violations of fundamental rights by intelligence services that have eluded all democratic, parliamentary and judicial scrutiny. The Member States and the Council are urged to speed up the work of the Task Force Mediterranean in order to ensure a significant expansion of rescue capacity at sea and launch a comprehensive plan on migration and asylum, based on solidarity and responsibility sharing in order to ensure that tragedies such as those which have occurred off Lampedusa do not happen again. As regards equality : Parliament considered that the Union and the Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the rights of persons with disabilities, the rights of LGBT persons and the rights of persons belonging to national minorities. It called on the Member States and the Commission to protect, promote and enforce children’s rights in all internal and external actions. Parliament called on the Commission to ensure equality between women and men and prevent, combat and prosecute all forms of violence against women as a fundamental rights violation, while ensuring support and protection for victims. As regards solidarity : Parliament underlined the fact that unemployment, poverty or social marginalisation makes it much more difficult, if not practically impossible, for people to exercise the rights and freedoms and to gain access to basic social, financial and other services. Lastly, on justice , Parliament urged the Commission to examine the effective implementation in the EU of the right of access to justice in the context of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being. It should be noted that an alternative resolution presented by the EPP group was rejected in plenary.
  • date: 2014-02-27T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure/dossier_of_the_committee
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LIBE/7/12550
New
  • LIBE/7/12550
procedure/legal_basis/0
Rules of Procedure EP 052
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 052
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  • 1.10 Fundamental rights in the EU, Charter
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1.10
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  • 2013-05-27T00:00:00
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PPE
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GABRIEL Mariya
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GABRIEL Mariya
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PPE
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GABRIEL Mariya
procedure/subject/0
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1.10 Fundamental rights in the Union, Charter
New
1.10 Fundamental rights in the EU, Charter
activities
  • date: 2013-06-10T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2013-04-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: KÓSA Ádám body: EP responsible: False committee: FEMM date: 2013-04-18T00:00:00 2013-05-27T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: PPE name: GABRIEL Mariya group: S&D name: PAPADOPOULOU Antigoni body: EP shadows: group: PPE name: BAUER Edit group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: Verts/ALE name: LUNACEK Ulrike group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: VERGIAT Marie-Christine responsible: True committee: LIBE date: 2013-03-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: MICHEL Louis body: EP responsible: False committee_full: Petitions committee: PETI
  • date: 2013-12-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131211&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2014-01-13T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2013-04-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: KÓSA Ádám body: EP responsible: False committee: FEMM date: 2013-04-18T00:00:00 2013-05-27T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: PPE name: GABRIEL Mariya group: S&D name: PAPADOPOULOU Antigoni body: EP shadows: group: PPE name: BAUER Edit group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: Verts/ALE name: LUNACEK Ulrike group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: VERGIAT Marie-Christine responsible: True committee: LIBE date: 2013-03-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: MICHEL Louis body: EP responsible: False committee_full: Petitions committee: PETI
  • date: 2014-01-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0051&language=EN type: Committee report tabled for plenary, single reading title: A7-0051/2014 body: EP type: Committee report tabled for plenary, single reading
  • date: 2014-02-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140226&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2014-02-27T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=24064&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0173 type: Decision by Parliament, 1st reading/single reading title: T7-0173/2014 body: EP type: Results of vote in Parliament
committees
  • body: EP responsible: False committee: EMPL date: 2013-04-17T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: KÓSA Ádám
  • body: EP responsible: False committee: FEMM date: 2013-04-18T00:00:00 2013-05-27T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: PPE name: GABRIEL Mariya group: S&D name: PAPADOPOULOU Antigoni
  • body: EP shadows: group: PPE name: BAUER Edit group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: Verts/ALE name: LUNACEK Ulrike group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: VERGIAT Marie-Christine responsible: True committee: LIBE date: 2013-03-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: MICHEL Louis
  • body: EP responsible: False committee_full: Petitions committee: PETI
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure
dossier_of_the_committee
LIBE/7/12550
reference
2013/2078(INI)
title
Situation of fundamental rights in the European Union (2012)
legal_basis
Rules of Procedure of the European Parliament EP 052
stage_reached
Procedure completed
subtype
Annual report
type
INI - Own-initiative procedure
subject
1.10 Fundamental rights in the Union, Charter