Awaiting committee decision
2014/2254(INI) Situation of fundamental rights in the European Union (2013-2014)
Lead committee dossier: LIBE/8/02351
Legal Basis RoP 052
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | AFCO | JÁUREGUI ATONDO Ramón (S&D) | |
Opinion | EMPL | ||
Opinion | FEMM | AIUTO Daniela (EFD) | |
Lead | LIBE | FERRARA Laura (EFD) | VOZEMBERG Elissavet (EPP), NIEDERMÜLLER Péter (S&D), KIRKHOPE Timothy (ECR), MICHEL Louis (ALDE), VERGIAT Marie-Christine (GUE/NGL), LUNACEK Ulrike (Verts/ALE) |
Opinion | PETI | CABEZÓN RUIZ Soledad (S&D) |
Legal Basis RoP 052
Activites
-
2015/01/15
Committee referral announced in Parliament, 1st reading/single reading
Documents
Amendments | Dossier |
106 |
2014/2254(INI)
2015/03/18
PETI
106 amendments...
Amendment 1 #
Draft opinion Recital -A a (new) -Aa. having regard to Part Two of the Treaty on the Functioning of the European Union for Non-discrimination and Citizenship of the Union and to the Charter of Fundamental Rights,
Amendment 10 #
Draft opinion Recital A A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level and in accordance with their respective Constitutions; whereas Article 51 of the Charter states that the Member States and the Commission must respect these rights;
Amendment 100 #
Draft opinion Paragraph 6 a (new) 6a. Expresses its concerns, on the basis of hundreds of petitions received yearly, of the shortcomings in the actual implementation in Member States of the provisions, both in letter and spirit, of the EU environmental legislation, such as the Environmental Impact Assessment and Strategic Environmental Assessment directives; asks the Commission to have greater oversight of the substance of such procedures, particularly when specific cases are subject to petitions;
Amendment 101 #
Draft opinion Paragraph 6 a (new) 6a. Reiterates the importance of the European Citizens' Initiative (ECI), as a new citizens' right introduced by the Lisbon Treaty, which aims at increasing participatory democracy in the EU; Notes the importance of the ECI as a powerful tool to provide European citizens with a direct democratic right to contribute to the decision making process of the EU, which adds to the European citizens' right to submit petitions to the European Parliament (EP) and their right of appeal to the European Ombudsman;
Amendment 102 #
Draft opinion Paragraph 6 a (new) 6a. Calls on all the EU institutions and Member States to ensure the respect for the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms and respect for human dignity in Member States of EU as well as on the international scene;
Amendment 103 #
Draft opinion Paragraph 6 b (new) 6b. Supports the programme of EU Judicial training for national judges which are key actors in enforcing citizens' rights; warns about the risk of undermining the right to effective legal remedy not being respected in cases when national court procedures are unacceptably delayed; expresses the view that in order to respect the principle of equality before the court and effective access to justice, socioeconomic barriers in its access such as excessive judicial fees and taxes should be tackled in each and every Member State;
Amendment 104 #
Draft opinion Paragraph 6 b (new) 6b. Calls on the European Commission to strengthen the role of the European Citizens' Initiatives (ECIs) by adopting a citizens-friendly approach to tackle all deficiencies of this instrument in the upcoming revision of Regulation 211/20118 whilst at the same time improving information campaigns to citizens on the use of the ECI and its powers to influence the EU-policy making process;
Amendment 105 #
Draft opinion Paragraph 6 b (new) 6b. calls on the European Commission to take into account the Göncz report from 17 February 2014 on evaluation of justice in relation to criminal justice and the rule of law which regrets the lack of available data on national justice systems, and therefore calls the Member States to cooperate fully with the EU and Council of Europe institutions and to collect and provide, on a regular basis, impartial, reliable, objective, and comparable data on their justice systems; call for an effective mechanism for a regular assessment of Member States' compliance with the fundamental values of the EU, as set out in Article 2 TEU, providing a basis for an early warning tool and emphasises that the Commission is empowered to bring a Member State failing to fulfil an obligation under the Treaties before the Court of Justice of the European Union;
Amendment 106 #
Draft opinion Paragraph 6 c (new) 6c. Welcomes the European e-Justice portal which is operated by the European Commission and provides professionals and the public with information on justice systems and is a practical tool to improve access to justice, with a separate section on fundamental rights which aims at informing citizens where to turn in cases of violations of their fundamental rights;
Amendment 11 #
Draft opinion Recital A A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level; whereas Article 51 of the Charter states that the Member States and the Commission must respect these rights; whereas citizens’ rights include the right to petition as a means of citizens upholding their own fundamental rights, as laid down in Article 41 of the Charter and Article 227 of the Treaty on the Functioning of the European Union;
Amendment 12 #
Draft opinion Recital A A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level; whereas Article 51 of the Charter states that the Member States and the Commission must respect these rights; whereas unacceptable disparities exist in this regard among the Member States;
Amendment 13 #
Draft opinion Recital A a (new) Aa. whereas the Lisbon Treaty has strengthened the fundamental rights enforceability when EU law is being implemented at national level by the Member States;
Amendment 14 #
Draft opinion Recital A a (new) Aa. whereas the right to petition established a tight bond between the EU citizens and the Parliament; whereas the European Citizens' Initiative introduced a new direct link between the EU citizens and the EU institutions and can enhance the development of fundamental and citizens' rights;
Amendment 15 #
Draft opinion Recital A a (new) Aa. whereas the Court of Justice of the European Union plays a major role, in particular through general principles of law, in the protection of fundamental rights within the EU; whereas the case law of the Court of Justice of the European Union (CJEU) and that of the European Court of Human Rights are generally in line with one another; whereas the accession of the European Union to the European Convention on Human Rights should be rethought once the CJEU has handed down its opinion on 18 December 2014 (Opinion 2/13);
Amendment 16 #
Draft opinion Recital A b (new) Ab. whereas it is recognised that National authorities (judicial, law enforcement and administrations) are key actors in giving concrete effect to rights and freedoms enshrined in the Charter of Fundamental Rights;
Amendment 17 #
Draft opinion Recital A b (new) Ab. whereas the European Commission should continue to be vigilant regarding Member Statesʼ failure to transpose EU legislation or their poor transposition thereof; whereas EU citizens are insufficiently informed about their fundamental rights;
Amendment 18 #
Draft opinion Recital A c (new) Ac. whereas the effectiveness of specialised institutions such as National Human Rights Institutions or equality bodies is important to help citizens to better enforce their fundamental rights to the extent that Member States apply EU law;
Amendment 19 #
Draft opinion Recital B B. whereas almost one third of petitions received by Parliament relate to alleged breaches of fundamental rights referred to in the Charter, touching on issues such as citizenship, the four freedoms, employment, economic circumstances, justice systems, voting rights, disability and children’s rights; whereas some of those petitions raise questions related to health issues and worsened access to health care and health care services as a direct consequence of the economic crisis; whereas this situation has undermined the provisions of Article 35 of the Charter; whereas petitions serve as an instrument for guaranteeing citizens their fundamental rights;
Amendment 2 #
Draft opinion Recital -A b (new) -Ab. having regard to the right of petition enshrined in Article 227 of the Treaty on the Functioning of the European Union and having regard to Rules 215 to 218 of its Rules of procedure,
Amendment 20 #
Draft opinion Recital B B. whereas a
Amendment 21 #
Draft opinion Recital B B. whereas almost one third of petitions received by Parliament relate to alleged breaches of fundamental rights referred to in the Charter, touching on issues such as citizenship, the four freedoms, employment, economic circumstances, justice systems, voting rights, disability and children’s rights; whereas some of those petitions raise questions related to health issues and worsened access to health
Amendment 22 #
Draft opinion Recital B B. whereas almost one third of petitions received by Parliament relate to
Amendment 23 #
Draft opinion Recital B B. whereas almost one third of petitions
Amendment 24 #
Draft opinion Recital B B. whereas almost one third of petitions received by Parliament relate to alleged breaches of fundamental rights referred to in the Charter, touching on issues
Amendment 25 #
Draft opinion Recital B a (new) Ba. whereas this situation has undermined the provisions of Article 35 of the Charter; whereas the increased energy poverty experienced by relevant parts of the population in some Member States has had also a huge impact on the overall health condition of the population, and in particular children;
Amendment 26 #
Draft opinion Recital C C. whereas since 2008 the economic crisis and the
Amendment 27 #
Draft opinion Recital C C. whereas the economic crisis and the general measures taken as a result thereof have also had a
Amendment 28 #
Draft opinion Recital C C. whereas the
Amendment 29 #
Draft opinion Recital C C. whereas the economic crisis and the general measures taken as a result thereof
Amendment 3 #
Draft opinion Recital -A c (new) -Ac. having regard to Rule 53 of its Rules of Procedure,
Amendment 30 #
Draft opinion Recital C C. whereas the economic crisis and the general measures taken as a result thereof have also had an impact on universal access to quality education, the right to fair and decent work
Amendment 31 #
Draft opinion Recital C C. whereas the economic crisis and the general measures taken as a result thereof have also had an impact on universal access to quality education, the right to fair and decent work, the right to health care and social security and the right to property;
Amendment 32 #
Draft opinion Recital C a (new) Ca. whereas the right to vote and stand as a candidate in the municipal and European Parliament elections is recognised in Articles 39 and 40 of the Charter in the states of residence; whereas exercising the right of mobility should not hamper this right;
Amendment 33 #
Draft opinion Recital D D. whereas Article 21 of the Charter recognises the right to non-discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
Amendment 34 #
Draft opinion Recital D D. whereas Article 21 of the Charter recognises the right to non-discrimination based on any grounds; whereas, under Article 19(1) TFEU, the EU can adopt legislation to combat specific types of discrimination;
Amendment 35 #
Draft opinion Recital D D. whereas Article 21 of the Charter recognises the right to non-discrimination
Amendment 36 #
Draft opinion Recital D a (new) Da. whereas the right to vote and stand as a candidate in the municipal and European Parliament elections in the State of residence is recognised in Articles 39 and 40 of the Charter; whereas the exercise of the mobility right does legally or effectively prevent many citizens to take part of other elections either in their country of origin or residence;
Amendment 37 #
Draft opinion Recital D a (new) Da. Whereas only 37% of the Members of the European Parliament, 7 of the 28 judges at the Court of Justice and 9 out of 28 Commissioners are women;
Amendment 38 #
Draft opinion Recital D a (new) Da. whereas promoting the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms and respect for human dignity on international scene can only be sincere if these principles are fully and thoroughly respected and implemented in Member States of EU themselves;
Amendment 39 #
Draft opinion Recital D b (new) Db. whereas the Charter enshrines the right to good administration within the Union; whereas it also states the rights to access the documents of the main three EU institutions; whereas the EU Ombudsman is the guarantee that these rights are respected;
Amendment 4 #
Draft opinion Recital -A d (new) -Ad. having regard to its previous resolutions on the deliberations of the Committee on Petitions,
Amendment 40 #
Draft opinion Recital D b (new) Db. whereas for people with disabilities the rate of poverty is 70% higher than the average, partly owing to limited access to employment;
Amendment 41 #
Draft opinion Recital D b (new) Db. whereas the trust in the judiciary in some EU member states is extremely low, for example according to Eurobarometer 2013 the trust in judiciary in Slovenia was at 24%, the lowest in the EU, whereas a research conducted by a former constitutional judge points to a systematic problem: in at least 442 Slovenian court cases, at least 1 200 judges violated fundamental rights (2004-2013);
Amendment 42 #
Draft opinion Recital D c (new) Dc. whereas Articles 37 and 38 of the Charter recognises the right to a high environmental protection intrinsically linked to the deployment of the policies of the Union;
Amendment 43 #
Draft opinion Recital D c (new) Dc. whereas judicial systems are being used for political reasons in the EU, for example in the case of Janez Janša, the former Prime Minister of Slovenia and the chair of the European Council in 2008, who was indicted of committing an offence at an ‘unknown time, at an ‘unknown place’, through an ‘unknown method of communication’, which is far too unspecific to allow the defendant the slightest opportunity to defend himself;
Amendment 44 #
Draft opinion Paragraph 1 1. Deplores instances of discrimination against ethnic, religious and national minorities, on the grounds that human dignity is inviolable; calls
Amendment 45 #
Draft opinion Paragraph 1 1. Deplores instances of discrimination
Amendment 46 #
Draft opinion Paragraph 1 1. Deplores instances of discrimination against
Amendment 47 #
Draft opinion Paragraph 1 1. Deplores instances of discrimination against minorities, on the grounds that human dignity is inviolable;
Amendment 48 #
Draft opinion Paragraph 1 1. Deplores instances of discrimination against minorities, on the grounds that human dignity is inviolable; calls for the Anti-Discrimination Directive, which seeks to implement the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, to be unblocked in the Council; calls on the Council and the Commission to act effectively and responsibly to uphold the values of the Union in relation to Member States who fail to fully respect their Treaty obligations on such issues;
Amendment 49 #
Draft opinion Paragraph 1 1. Deplores instances of discrimination against minorities, on the grounds that human dignity is inviolable; calls for the Anti-Discrimination Directive, which seeks to implement the principle of equal treatment between persons irrespective of citizenship, religion or belief, disability, age or sexual orientation, to be unblocked in the Council;
Amendment 5 #
Draft opinion Recital -A e (new) -Ae. having regard to the Commission Report of 8 May 2013 entitled 'EU Citizenship Report 2013 – EU citizens: your rights, your future' (COM(2013)0269,
Amendment 50 #
Draft opinion Paragraph 1 – point 1 (new) (1) Regrets that laws are being sponsored in a number of Member States which make proper compliance with the Charter of Fundamental Rights difficult or impossible, on account of how they restrict freedom of assembly, association and speech and the right to collective bargaining and action;
Amendment 51 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Member States and the EU institutions to be fully engaged in the protection of children's rights in cross- border family disputes; emphasises the need to promote children's rights across EU policies in order to ensure that the best interest of the child is always taken into consideration;
Amendment 52 #
Draft opinion Paragraph 1 a (new) 1a. Calls for the maternity leave directive to be unblocked in Council, as this piece of legislation will make real and tangible gender equality possible as well as harmonisation at EU level;
Amendment 53 #
Draft opinion Paragraph 1 a (new) 1a. Regrets and condemns the legislation of a LGTBI-phobic nature passed in some Member States which restricts the right to non-discrimination on grounds of sexual orientation and free speech for lesbians, gays, transexual and bisexual people, in addition to attacking the right of all citizens to enter into a marriage and found a family;
Amendment 54 #
Draft opinion Paragraph 1 a (new) 1a. Underlines the need for possible changes to the Treaties with a view to further strengthening the protection of fundamental rights in the EU Treaties;
Amendment 55 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission to ensure as a matter of urgency that the Member States transpose and correctly apply Directive 2004/38/EC on the free movement of citizens, given the frequent recurrence of petitions on the subject of problems encountered, also by their spouses and children; notes the increase in petitions from several Member States on child custody disputes in a cross- border context in the framework of the Brussels IIa regulation, and also particularly against some Member States' authorities on the withdrawal of custody from parents having exercised the freedom of movement within the EU;
Amendment 56 #
Draft opinion Paragraph 1 b (new) 1b. Calls for the ratification by all Member States of the Istanbul Convention so that 2016 can be the year on combating violence against women;
Amendment 57 #
Draft opinion Paragraph 2 2. Stresses that the role of Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens
Amendment 58 #
Draft opinion Paragraph 2 2. Stresses that the role of Commission
Amendment 59 #
Draft opinion Paragraph 2 2. Stresses that the role of Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens’ fundamental rights; notably defined by the Charter and the constitutional traditions common to the Members States;
Amendment 6 #
Draft opinion Recital -A f (new) Amendment 60 #
Draft opinion Paragraph 2 2. Stresses that the role of the Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens’ fundamental rights; regrets therefore that the Commission pleads lack of competence in numerous replies to petitions complaining of a possible breach of fundamental rights;
Amendment 61 #
Draft opinion Paragraph 2 2. Stresses that the role of the Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens’ fundamental rights; regrets the effective limitation in the scope of application of the Charter due to an excessively restrictive interpretation of its Articles 51, whereas this clause prevents the dealing with EU law enforcement; is of the opinion that such an approach ought to be revised to meet EU citizens' expectations in relation to their Fundamental Rights;
Amendment 62 #
Draft opinion Paragraph 2 2. Stresses that the role of Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to
Amendment 63 #
Draft opinion Paragraph 2 2. Stresses that the role of Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens’ fundamental rights; in this framework calls for the establishment of a mechanism for monitoring, systematic evaluation and issuing of recommendations, to foster overall compliance with fundamental values in the Member States;
Amendment 64 #
Draft opinion Paragraph 2 – point 1 (new) (1) Recalls that the guarantee of respect for fundamental rights also extends to citizens of non-EU countries when on EU territory, and that summary returns, indefinite detention in immigrant detention centres or denial of basic healthcare all breach precepts laid down in the Charter of Fundamental Rights;
Amendment 65 #
Draft opinion Paragraph 2 a (new) 2a. Points to the legal vacuum as regards citizens' access to legal redress when Member States have not, or have only belatedly, transposed EU legislation that concerns them directly;
Amendment 66 #
Draft opinion Paragraph 2 a (new) 2a. Regrets the narrow interpretation of the EU competence regarding fundamental rights by the Commission based on restrictive reading of Article 51 of the Charter; reminds that according to Article 2 TEU the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; believes that systemic problems in the field of fundamental rights in the Member States should be addressed by the Commission, in particular, through a new framework for addressing systemic threats to the rule of law;
Amendment 67 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the need for coordination of actions at all levels to protect and promote fundamental rights encompassing EU institutions, Member States, regional and local authorities, NGOs and civil society;
Amendment 68 #
Draft opinion Paragraph 2 b (new) 2b. Reminds the Commission of its institutional duty to analyse citizens' complaints in relation to possible violations of fundamental rights not only by the EU and by Member States in the application of EU law, but also in relation to situations of systematic failure in the protection of fundamental rights within the Member States;
Amendment 69 #
Draft opinion Paragraph 3 3. Calls on the Member States to adopt all necessary measures to ensure that the fundamental rights of universal access to health care and education are restored to every EU citizen; stresses the opinion that affordable access to energy for every household is fundamental in order to ensure a healthy population, and that targeted measures must be implemented to correct the increasing trend of energy poverty in a number of Member States;
Amendment 7 #
Draft opinion Recital -A g(new) -Ag. having regard to the many petitions in the field of fundamental rights received from EU citizens and residents,
Amendment 70 #
Draft opinion Paragraph 3 3. Calls on the Member States to adopt all necessary measures to ensure that the fundamental rights of
Amendment 71 #
Draft opinion Paragraph 3 3. Calls on the Member States with respect to the subsidiarity principle to adopt all
Amendment 72 #
Draft opinion Paragraph 3 3. Calls on the Member States, with a full respect for the principle of subsidiarity, to adopt all necessary measures to ensure that the fundamental rights of universal access to health care and education are restored to every EU citizen;
Amendment 73 #
Draft opinion Paragraph 3 3. Calls on the Member States to adopt all necessary measures to ensure that the fundamental rights of universal access to health care and education are restored to every EU citizen; calls on the Member States also to recognise environmental protection as being a key factor in guaranteeing the fundamental right to health;
Amendment 74 #
Draft opinion Paragraph 3 3. Calls on the Member States to adopt all necessary measures to ensure that the fundamental rights of universal access to health care and education are restored to every EU citizen and to ensure that the tangible and intangible barriers experienced by persons with disabilities are eliminated;
Amendment 75 #
Draft opinion Paragraph 3 3. Calls on the Member States to adopt all necessary measures to ensure th
Amendment 76 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Member States and the Commission to remove existing obstacles within the Internal Market for enabling the full exercise of the right of free movement;
Amendment 77 #
Draft opinion Paragraph 4 4. Recalls that the portability of
Amendment 78 #
Draft opinion Paragraph 4 4. Recalls that the portability of social
Amendment 79 #
Draft opinion Paragraph 4 4. Recalls that the portability of social security benefits, pensions and health care is important in ensuring the full accomplishment of fundamental rights and civil liberties
Amendment 8 #
Draft opinion Recital A A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level; whereas
Amendment 80 #
Draft opinion Paragraph 4 4. Recalls that the mobility of workers can also be achieved via the full portability of social security benefits, pensions and health care
Amendment 81 #
Draft opinion Paragraph 4 4. Recalls that the portability of social security benefits, pensions and health care, in particular for the disabled, is important in ensuring the full accomplishment of fundamental rights and civil liberties, including on the basis of the achievement of worker mobility;
Amendment 82 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to ensure as a matter of urgency that the Member States transpose and correctly apply Directive 2004/38/EC on the free movement of citizens, given the frequent recurrence of petitions on the subject of problems encountered, also by their spouses and children; notes the increase in petitions from several Member States on child custody disputes in cross-border context in the framework of the Brussels IIa regulation, and also particularly against some Member States' authorities on the withdrawal of custody from parents having exercised the freedom of movement within the EU;
Amendment 83 #
Draft opinion Paragraph 4 a (new) 4a. Calls for more emphasis to be laid on protection of the rights of the child, and especially in regard to help for children who are removed from their home while living abroad; considers that the UN Convention on the Rights of the Child should be the basis for settling all child custody disputes involving families residing outside their own country, as this pays special attention to preserving the childʼs identity;
Amendment 84 #
Draft opinion Paragraph 4 a (new) 4a. Reiterates that recognition by Member States of each othersʼ university degrees is essential in order for EU citizens to have proper mobility;
Amendment 85 #
Draft opinion Paragraph 4 b (new) 4b. Invites Member States to adopt the necessary legal and administrative provisions to ensure that all EU citizens in voting age can exercise their voting rights in national and regional elections of their concern;
Amendment 86 #
Draft opinion Paragraph 4 b (new) 4b. Stresses that the interests and rights of children of EU citizens should be properly protected, not just within the European Union but also beyond its borders, and calls consequently for enhanced cooperation with the institutions responsible for childrenʼs well-being in non-EU Nordic countries; considers that all the EUʼs partners (including members of the EEA) ought to ratify the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children;
Amendment 87 #
Draft opinion Paragraph 5 5. Calls on the Member States and the Commission, when proposing legislation, to strike a balance between counter- terrorism measures and the protection of fundamental rights, so that the latter is not compromised;
Amendment 88 #
Draft opinion Paragraph 5 5. Calls on the Member States and the Commission, when proposing legislation, to strike an appropriate balance between counter-
Amendment 89 #
Draft opinion Paragraph 5 5. Calls on the Member States and the Commission, when proposing counter-terrorism legislation, to
Amendment 9 #
Draft opinion Recital A A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level; whereas Article 51 of the Charter states that the Member States and the
Amendment 90 #
Draft opinion Paragraph 5 5. Calls on the Member States and the Commission, when proposing legislation, to
Amendment 91 #
Draft opinion Paragraph 5 5. Calls on the Member States and the Commission, when proposing
Amendment 92 #
Draft opinion Paragraph 5 a (new) 5а. Points out that in many cases it is hard for the public to know precisely which institution they should turn to when their fundamental rights are violated, and stresses the need for clear and accessible information aimed at avoiding any confusion over the scope and applicability of the Charter of Fundamental Rights of the European Union or the procedure for obtaining legal redress;
Amendment 93 #
Draft opinion Paragraph 5 a (new) 5a. Expresses particular concern about the recent adoption in certain Member States of legislation that restricts the recognised Fundamental Right of freedom of expression and assembly; considers that such legislation undermining civil rights leads to a trend of democratic regress;
Amendment 94 #
Draft opinion Paragraph 5 a (new) 5a. Notes the legal uncertainty generated by any retrospective provision in new legislation of Member States, as well as in cases of continuous changes in the same regulatory field, which de facto delay the effective implementation of the final provisions; warns about the risk of undermining the right to effective legal remedy not being respected in cases when national court procedures are unacceptably delayed; expresses the view that in order to respect the principle of equality before justice, socioeconomic barriers in its access such as excessive judicial fees should be tackled in each and every Member State;
Amendment 95 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to relaunch the legislative initiative on an Accessibility Act, in the form of a cross-cutting instrument that can increase the protection afforded to persons with disabilities and ensure cohesion between all EU policies in this respect;
Amendment 96 #
Draft opinion Paragraph 5 b (new) 5b. Requests the Commission to make a step forward in consolidating the right to good administration by turning the Code of Good Administrative Behaviour of the EU into a legally binding regulation;
Amendment 97 #
Draft opinion Paragraph 6 6. Calls on the Commission and the Member States to ensure through their policies that fundamental rights are properly respected, guaranteed,
Amendment 98 #
Draft opinion Paragraph 6 6. Calls on the Commission and the Member States to ensure that fundamental rights are
Amendment 99 #
Draft opinion Paragraph 6 6. Calls on the Commission and the Member States to ensure that fundamental rights are properly respected, guaranteed, applied and developed further
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