2017/0360R(NLE) Determination of a clear risk of a serious breach by Poland of the rule of law
Next event: Indicative plenary sitting date, 1st reading/single reading 2020/09/14
Lead committee dossier:
Next event: Indicative plenary sitting date, 1st reading/single reading 2020/09/14
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
LÓPEZ AGUILAR Juan Fernando ( S&D)
|
METSOLA Roberta ( EPP),
ŠIMEČKA Michal ( Renew),
BAY Nicolas ( ID),
REINTKE Terry ( Verts/ALE),
JAKI Patryk ( ECR),
ARVANITIS Konstantinos ( GUE/NGL)
|
| Committee Opinion | AFCO | ||
| Committee Opinion | FEMM |
REGNER Evelyn ( S&D)
|
Terry REINTKE ( Verts/ALE),
Hilde VAUTMANS ( RE),
Jadwiga WIŚNIEWSKA ( ECR),
Christine ANDERSON ( ID),
Arba KOKALARI ( PPE)
|
Lead committee dossier:
Legal Basis:
RoP 105-p5
Legal Basis:
RoP 105-p5Events
2020/09/14
Indicative plenary sitting date, 1st reading/single reading
2020/07/08
EP - Committee opinion
Documents
2020/05/29
EP - Amendments tabled in committee
Documents
2020/05/27
EP - Committee referral announced in Parliament, 1st reading/single reading
2020/05/13
EP - Committee draft report
Documents
2020/04/27
EP - REGNER Evelyn (S&D) appointed as rapporteur in FEMM
2019/10/14
EP - LÓPEZ AGUILAR Juan Fernando (S&D) appointed as rapporteur in LIBE
Documents
Activities
- Malin BJÖRK
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- Eleonora EVI
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- Balázs HIDVÉGHI
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- Sophia IN 'T VELD
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- Othmar KARAS
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- Juan Fernando LÓPEZ AGUILAR
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- Tilly METZ
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- Evelyn REGNER
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- Terry REINTKE
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- David Maria SASSOLI
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- Birgit SIPPEL
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- Miguel URBÁN CRESPO
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- Rasmus ANDRESEN
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- Pernando BARRENA ARZA
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- Vladimír BILČÍK
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- Gwendoline DELBOS-CORFIELD
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- Andrzej HALICKI
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- Patryk JAKI
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- Pierre KARLESKIND
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- Maximilian KRAH
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- Alice KUHNKE
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- Grace O'SULLIVAN
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- Hermann TERTSCH
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- Joachim Stanisław BRUDZIŃSKI
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- Marek Paweł BALT
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- Beata MAZUREK
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- Hélène LAPORTE
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- Sylwia SPUREK
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- Maria WALSH
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- Łukasz KOHUT
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- Elżbieta KRUK
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- Marc ANGEL
Plenary Speeches (0)
| Amendments | Dossier |
| 359 |
2017/0360R(NLE)
2020/05/29
LIBE
254 amendments...
Amendment 1 #
Motion for a resolution Citation 6 a (new) - having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 10 #
Motion for a resolution Citation 20 a (new) - having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080.
Amendment 100 #
Motion for a resolution Paragraph 18 18. Recalls that the CJEU found in its judgment of 24 June 201928 that lowering the retirement age of sitting judges of the Supreme Court is contrary to Union law and breaches the principle of the irremovability of judges and thus that of judicial independence, after it had earlier granted the Commission’s request for interim measures on the matter by order of 17 December 201829 ; notes that the Polish authorities passed an amendment to the act on the Supreme Court in order to comply with the CJEU’s Order, the only instance so far in which they undid
Amendment 101 #
Motion for a resolution Paragraph 19 19.
Amendment 102 #
Motion for a resolution Paragraph 19 19. Recalls that, in 2017, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other
Amendment 103 #
Motion for a resolution Paragraph 19 19. Recalls that, in 201
Amendment 104 #
Motion for a resolution Paragraph 20 Amendment 105 #
Motion for a resolution Paragraph 21 21. Notes that the
Amendment 106 #
Motion for a resolution Paragraph 21 21. Notes that the referring Supreme Court (Labour Chamber) subsequently concluded in its judgment of 5 December 2019 that the Disciplinary Chamber does not fulfil the requirements of an independent and impartial tribunal, and
Amendment 107 #
Motion for a resolution Paragraph 22 22. Takes note of the order of the CJEU of 8 April 202033 instructing
Amendment 108 #
Motion for a resolution Paragraph 22 22. Takes note of the order of the CJEU of 8 April 2020
Amendment 109 #
Motion for a resolution Paragraph 23 23. Recalls that it is up to the Member States to establish a council for the judiciary,
Amendment 11 #
Motion for a resolution Citation 21 a (new) - having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407.
Amendment 110 #
Motion for a resolution Paragraph 23 23. Recalls that it is up to the Member States to establish a council for the judiciary, but that, where such council is established, its independence must be guaranteed in line with European standards and the constitution; recalls that, following the 2017-2018 reform of the NCJ, the body responsible for safeguarding the independence of the courts and judges in accordance with Article 186(1) of the Polish Constitution, the judicial community in Poland lost the power to delegate representatives to the NCJ, and hence its influence on recruitment and promotion of judges; recalls that before the 2017 reform, 15 out of 25 members of the NCJ were judges elected by their peers, while since the 2017 reform, those judges are elected by the Polish Sejm; strongly regrets that, taken in conjunction with the
Amendment 111 #
Motion for a resolution Paragraph 24 Amendment 112 #
Motion for a resolution Paragraph 24 24. Recalls that the Supreme Court (Labour Chamber), implementing the
Amendment 113 #
Motion for a resolution Paragraph 25 Amendment 114 #
Motion for a resolution Paragraph 25 25. Recalls that the European Network of Councils for the Judiciary (ENCJ) suspended the new NCJ on 17 September 2018 for reason of no longer fulfilling the requirements of being independent of the executive and legislature and
Amendment 115 #
Motion for a resolution Paragraph 26 Amendment 116 #
Motion for a resolution Paragraph 26 26. Calls on the Commission to start infringement proceedings against the act of 12 May 2011 on the NCJ as amended in 2017 and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 117 #
Motion for a resolution Paragraph 26 26.
Amendment 118 #
Motion for a resolution Paragraph 26 26. Calls on the Commission to start infringement proceedings against the act of
Amendment 119 #
Motion for a resolution Subheading 11 The rules governing the organisation of the ordinary courts
Amendment 12 #
Motion for a resolution Citation 22 — having regard to the four infringement procedures launched by the Commission against Poland in relation to the
Amendment 120 #
Motion for a resolution Paragraph 27 27. Re
Amendment 121 #
Motion for a resolution Paragraph 27 27. Regrets that the Minister of Justice, who is, in the Polish system, also the Prosecutor General, obtained the power to appoint and dismiss court presidents of the lower courts at his discretion during a transitional period of six months, and that in 2017-2018 the Minister of Justice replaced over
Amendment 122 #
Motion for a resolution Paragraph 28 28. Re
Amendment 123 #
Motion for a resolution Paragraph 28 a (new) 28a. Recalls that the CJEU found in its judgement of 5 November 201938a that the provisions of the Polish law amending the law on the organisation of the ordinary courts, which lowered the retirement age of judges of the ordinary courts, whilst allowing the Minister of Justice to decide on the prolongation of their active service, and which set a different retirement age depending on their gender, are contrary to Union law; _________________ 38aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18, ECLI:EU:C:2019:924.
Amendment 124 #
Motion for a resolution Paragraph 29 29.
Amendment 125 #
Motion for a resolution Paragraph 29 a (new) 29a. Deplores the abuse of disciplinary proceedings against judges and prosecutors in Poland; is deeply concerned by the motion filed by the National Prosecution Office to the Disciplinary Chamber of the Supreme Court to waive the immunity of Judge Igor Tuleya; is similarly concerned by the disciplinary proceedings initiated against other judges, including Krystian Markiewicz, Chairperson of the Polish Judges’ Association “Iustitia”, and Paweł Juszczyszyn; calls on Polish authorities to stop using disciplinary proceedings to disguise politically motivated reprisals against specific judges and prosecutors for applying EU law or their public defence of the rule of law in Poland;
Amendment 126 #
Motion for a resolution Paragraph 29 a (new) 29a. Expresses concern regarding the disciplinary proceedings initiated against common court judges in reference to their judicial decisions or public statements in defence of judicial independence;
Amendment 127 #
Motion for a resolution Paragraph 30 30.
Amendment 128 #
Motion for a resolution Paragraph 31 Amendment 129 #
Motion for a resolution Paragraph 31 31.
Amendment 13 #
Motion for a resolution Citation 25 a (new) - having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%),
Amendment 130 #
Motion for a resolution Paragraph 31 a (new) 31a. Condemns the smear campaign against the Polish judges and involvement of public officials therein; calls on the Polish authorities to refrain from activities undermining the authority of the judiciary;
Amendment 131 #
Motion for a resolution Paragraph 32 32.
Amendment 132 #
Motion for a resolution Paragraph 32 a (new) 32a. Recalls that the CJEU found in its judgement of 5 November 201943a that lowering the retirement age of public prosecutors is contrary to Union law because it establishes a different retirement age for men and women who are public prosecutors in Poland; _________________ 43aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18 ECLI:EU:C:2019:924.
Amendment 133 #
Motion for a resolution Paragraph 33 33. Concurs with the Commission, the Parliamentary Assembly of the Council of Europe
Amendment 134 #
Motion for a resolution Paragraph 33 33.
Amendment 135 #
Motion for a resolution Paragraph 33 33.
Amendment 136 #
Motion for a resolution Subheading 15 Amendment 138 #
Motion for a resolution Paragraph 34 Amendment 139 #
Motion for a resolution Paragraph 34 34. Is concerned about reports alleging undue delays in court proceedings, difficulties in accessing legal assistance during arrest, and instances of insufficient respect for the confidentiality of communication between counsel and client44
Amendment 14 #
Motion for a resolution Citation 25 a (new) - having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%),
Amendment 140 #
Motion for a resolution Paragraph 34 34.
Amendment 141 #
Motion for a resolution Paragraph 35 Amendment 142 #
Motion for a resolution Paragraph 35 35. Is concerned that, since the entry into force on 14 February 2020 of the amendments to the act on the Supreme Court, only the Extraordinary Chamber, whose independence and impartiality itself is in question, can decide whether a judge or tribunal or court
Amendment 143 #
Motion for a resolution Paragraph 35 35.
Amendment 144 #
Motion for a resolution Paragraph 35 a (new) 35a. Calls on the Polish authorities to implement fully the judgments handed down by the European Court of Human Rights in cases involving the CIA secret prisons in Poland;
Amendment 145 #
Motion for a resolution Subheading 17 Amendment 146 #
Motion for a resolution Subheading 17 Amendment 147 #
Motion for a resolution Subheading 17 The right to information and freedom of expression
Amendment 148 #
Motion for a resolution Paragraph 35 a (new) 35a. Reiterates that media freedom and pluralism is inseparable from democracy and the rule of law and that the right to inform and the right to be informed are part of the core basic democratic values on which European Union is founded;
Amendment 149 #
Motion for a resolution Paragraph 36 Amendment 15 #
Motion for a resolution Citation 25 a (new) - having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%),
Amendment 150 #
Motion for a resolution Paragraph 36 36. Recalls that in its resolution of 14 September 2016, Parliament has expressed its concern about already adopted and newly suggested changes to Polish media law; repeats its call on the Commission to carry out an assessment of the legislation adopted as regards its compatibility with Union Law, in particular
Amendment 151 #
Motion for a resolution Paragraph 36 a (new) 36a. Recalls that, in its resolution of 16 January 2020, Parliament has called on the Council to address in the hearings under Article 7(1) of the TEU any new developments in the field of freedom of expression, including media freedom; condemns cases of censoring content by the public broadcasters in Poland;
Amendment 152 #
Motion for a resolution Paragraph 37 Amendment 153 #
Motion for a resolution Paragraph 37 37. Is deeply concerned by the excessive use of libel cases by some politicians against journalists, including by sentencing with criminal fines and suspension from exercising the profession of journalist; fears for a chilling effect on the profession and independence of journalists and media46 ; calls on the Polish authorities to set up an independent and impartial regulatory body, in cooperation with journalists’ organisations, for monitoring, documenting and reporting on attacks against journalists as well as on lawsuits intended to silence or intimidate independent media and to guarantee access to the appropriate legal remedies; calls on the Polish authorities to fully implement Council of Europe Recommendation CM/Rec(2016)4 on the protection of journalism and safety of journalists and other media actors; _________________ 46Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, 2020 Annual Report, March 2020, p. 42.
Amendment 154 #
Motion for a resolution Paragraph 37 37. Is deeply concerned by the excessive use of libel cases by some politicians against journalists, including by sentencing with criminal fines and suspension from exercising the profession of journalist; fears for a chilling effect on the profession and independence of
Amendment 155 #
Motion for a resolution Paragraph 37 a (new) 37a. Expresses concern over use and threat of libel litigation against academics and the Polish Ombudsman; calls on Polish authorities to respect freedom of speech and academic freedom; denounces attempts to silence the Polish Ombudsman, an independent institution enshrined in the Polish Constitution;
Amendment 156 #
Motion for a resolution Paragraph 37 a (new) 37a. Is concerned about reported cases of detention of journalists for doing their job when reporting on anti-lockdown protests;
Amendment 157 #
Motion for a resolution Paragraph 37 b (new) 37b. Is concerned by the actions carried out by the Polish authorities in recent years, including a re-shaping of the public broadcaster into a pro-government broadcaster, hindering public media and their governing bodies of independent or dissenting voices and exercising control over the broadcasting content, the latest example involving the Polish public Radio Three (known as Troika), which was accused of censoring an anti-government song that topped the charts, with the internet links and news about the song disabled on the station’s website shortly after the chart show was broadcast; notes with regret that since 2015 Poland has fallen in the World Press Freedom Index from 18th to 62nd place; recalls that Article 11 of the EU Charter of Fundamental Rights states that the freedom and pluralism of the media shall be respected; recalls that Article 54 of the Polish Constitution guarantees freedom of expression and forbids censorship;
Amendment 158 #
Motion for a resolution Paragraph 38 Amendment 159 #
Motion for a resolution Paragraph 38 Amendment 16 #
Motion for a resolution Citation 25 b (new) - having regard to the issue paper of the Council of Europe’s Commissioner for Human Rights of December 2017 entitled ‘Women’s sexual and reproductive health and rights in Europe’,
Amendment 160 #
Motion for a resolution Paragraph 38 Amendment 162 #
Motion for a resolution Paragraph 39 Amendment 163 #
Motion for a resolution Paragraph 39 39. Reiterates its call on the Polish government to respect the right of freedom of assembly by removing from the current act of 24 July 2015 on public assemblies, as amended on 13 December 2016, the provisions prioritising government- approved ‘cyclical’ assemblies48 ; urges the authorities to refrain from applying criminal sanctions to people who participate in peaceful assemblies or counter-demonstrations and to drop criminal charges against peaceful protesters; urges the authorities moreover to adequately protect peaceful assemblies; is concerned about the current ban on public assemblies without the introduction of a state of natural disaster due to the COVID-19 pandemic and insists on the need to apply the principle of proportionality when restricting the right to assembly during the COVID-19 crisis; _________________ 48 See as well the Communication of 23 April 2018 by UN Experts to urge Poland to ensure free and full participation at climate talks.
Amendment 164 #
Motion for a resolution Paragraph 39 39. Reiterates its call on the Polish
Amendment 165 #
Motion for a resolution Paragraph 39 39. Re
Amendment 166 #
Motion for a resolution Paragraph 39 39. Re
Amendment 168 #
Motion for a resolution Paragraph 40 Amendment 169 #
Motion for a resolution Paragraph 40 40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups, and a fair, impartial and transparent distribution of public funds to civil society, ensuring pluralistic representation; calls on the Commission to assess the feasibility of a statute for European associations and non-profit organisations in order to fully guarantee the freedom of association throughout the Union; reiterates its call for adequate funding to be available for the organisations concerned through different funding instruments at Union level, such as the Multiannual Financial Framework 2021 – 2027 Rights and Values programme and other Union pilot projects; _________________ 49OSCE/ODIHR, Opinion on the Draft Act of Poland on the National Freedom Institute - Centre for the Development of Civil Society, Warsaw, 22 August 2017.
Amendment 17 #
Motion for a resolution Citation 25 c (new) - having regard to the 2019 recommendations of the World Health Organization (WHO) on adolescent sexual and reproductive health and rights and the WHO Regional Office for Europe standards for sexuality education in Europe: a framework for policy makers, educational and health authorities and specialists,
Amendment 170 #
Motion for a resolution Paragraph 40 40.
Amendment 171 #
Motion for a resolution Paragraph 40 40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups at all levels, and a fair, impartial and transparent distribution of
Amendment 173 #
Motion for a resolution Paragraph 41 Amendment 174 #
Motion for a resolution Paragraph 41 41.
Amendment 175 #
Motion for a resolution Paragraph 41 a (new) 41a. Is deeply concerned about the transmission of personal data from the Universal Electronic System for Registration of the Population (PESEL register) by the Ministry of Digital Affairs of Poland to the operator of the postal services on 22 April 2020, aimed at facilitating the organisation of the presidential election on 10 May 2020 via postal ballot, despite the lack of a proper legal basis, as the bill allowing for an all- postal election was not adopted by the Polish Parliament until 7 May 2020; notes furthermore that the PESEL register is not identical to the voters register and includes also personal data of citizens of other EU Member States, thus the above-mentioned transfer could constitute a potential breach of the Regulation (EU) 2016/679; recalls that the European Data Protection Board (EDPB) discussed this matter during its meeting on 5 May 2020 and underlined in its subsequent statement that public authorities may disclose information on individuals included in electoral lists, but only when this is specifically authorised by Member State law;
Amendment 18 #
Motion for a resolution Recital A A. whereas the Union is founded on the values
Amendment 181 #
Motion for a resolution Paragraph 42 Amendment 182 #
Motion for a resolution Paragraph 42 Amendment 183 #
Motion for a resolution Paragraph 42 42.
Amendment 184 #
Motion for a resolution Paragraph 42 42.
Amendment 185 #
Motion for a resolution Paragraph 42 42. Reiterates its deep concern expressed in its resolution of 14 November 2019, also shared by the Council of Europe Commissioner for Human Rights51 , over the draft law amending Article 200b of the Polish Penal Code, submitted to the Sejm by the ‘Stop Paedophilia’ initiative, for its extremely vague, broad and disproportionate provisions, which de facto seeks to criminalise the dissemination of sexual education to minors and whose scope potentially threatens all persons, in particular parents, teachers and sex educators, with up to three years in prison for teaching about human sexuality, health and intimate relations; stresses the importance of health and sexual education; calls on the Polish Parliament to refrain from adopting the proposed draft law amending Article 200b of the Polish Penal Code and on the Polish authorities to ensure that young people have access to comprehensive sexuality education in line with the World Health Organisation standards and that those who provide such education and information are supported in so doing in a factual and objective manner; _________________ 51Council of Europe Commissioner for Human Rights, Statement of 14 April 2020.
Amendment 186 #
Motion for a resolution Paragraph 42 42. Reiterates its deep concern expressed in its resolution of 14 November 2019, also shared by the Council of Europe Commissioner for Human Rights51 , over the original text of the draft law amending Article 200b of the Polish Penal Code, submitted to the Sejm by the ‘Stop Paedophilia’ initiative, for its extremely vague, broad and disproportionate provisions, which de facto seeks to criminalise the dissemination of sexual education to minors and whose scope potentially threatens all persons, in particular parents, teachers and sex educators, with up to three years in prison for teaching about human sexuality, health and intimate relations; stresses the importance of health and sexual education; _________________ 51Council of Europe Commissioner for Human Rights, Statement of 14 April 2020.
Amendment 187 #
Motion for a resolution Paragraph 42 a (new) 42a. Stresses that age-appropriate and evidence-based comprehensive sexuality education is key to building young peoples’ skills to form healthy, equal, nurturing and safe relationships, free from discrimination, coercion and violence; believes that comprehensive sexuality education also has a positive impact on gender equality outcomes, including transforming harmful gender norms and attitudes towards gender-based violence, helping prevent intimate partner violence and sexual coercion, homophobia and transphobia, breaking the silence around sexual violence, sexual exploitation or abuse, and empowering young people to seek help; urges Poland to ensure access to scientifically accurate and comprehensive sexuality education for all primary and secondary school children in line with WHO standards;
Amendment 188 #
Motion for a resolution Paragraph 42 a (new) 42a. Recalls that, in accordance with the Treaty on the Functioning of the European Union, the Union must fully respect the ‘responsibility of the Member States for the content of teaching and the organisation of education systems’ and, at the same time, has the task of supporting, complementing and coordinating the development of education;
Amendment 189 #
Motion for a resolution Subheading 22 Amendment 19 #
Motion for a resolution Recital A A. whereas 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, as set out in Article 2 of the Treaty on European Union
Amendment 190 #
Motion for a resolution Subheading 22 Amendment 191 #
Motion for a resolution Subheading 22 Amendment 192 #
Motion for a resolution Subheading 22 Amendment 193 #
Motion for a resolution Subheading 22 Amendment 194 #
Motion for a resolution Paragraph 43 Amendment 195 #
Motion for a resolution Paragraph 43 Amendment 196 #
Motion for a resolution Paragraph 43 Amendment 197 #
Motion for a resolution Paragraph 43 43. Recalls that Parliament has strongly criticised, already in its resolutions of 14 September 2016 and 15 November 2017, any legislative proposal that would prohibit abortion in cases of severe or fatal foetal impairment, emphasizing that universal access to healthcare, including sexual and reproductive healthcare and the associated rights, is a fundamental human right52 ; calls on the Polish Parliament to reject any legislative proposal that seeks to further erode women’s sexual and reproductive rights; strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls; calls on the Polish authorities to recognise the inalienable right of women to physical and autonomous decision-making as regards the right to access the full range of reproductive health services, including safe and legal abortion, and to take measures to implement fully the judgments handed down by the European Court of Human Rights in cases against Poland, which has ruled that restrictive abortion laws and lack of implementation violates human rights; _________________ 52See as well Statement of 22 March 2018 by UN Experts advising the UN Working
Amendment 198 #
Motion for a resolution Paragraph 43 43. Recalls that
Amendment 199 #
Motion for a resolution Paragraph 43 43. Recalls that Parliament has strongly criticised, already in its resolutions of 14 September 2016 and 15 November 2017, any legislative proposal that would prohibit abortion in cases of severe or fatal foetal impairment, thereby virtually banning access to abortion care in Poland as most legal abortions are performed under this ground, emphasizing that universal access to healthcare, including sexual and reproductive healthcare and the associated rights, is a fundamental human right52 ; _________________ 52See as well Statement of 22 March 2018 by UN Experts advising the UN Working Group on discrimination against women, and Statement of 14 April 2020 by the Council of Europe Commissioner for Human Rights.
Amendment 2 #
Motion for a resolution Citation 9 a (new) - having regard to the Conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 20 #
Motion for a resolution Recital B B. whereas
Amendment 200 #
Motion for a resolution Paragraph 43 43. Recalls that
Amendment 201 #
Motion for a resolution Paragraph 43 43.
Amendment 202 #
Motion for a resolution Paragraph 43 a (new) 43a. Recalls Parliament’s criticism regarding the stance of the Polish government towards women’s rights; calls on the Polish government to take a firm stand on women’s rights; calls on Poland to respect the case law of the ECtHR in this regard;
Amendment 203 #
Motion for a resolution Paragraph 43 b (new) 43b. Stresses that in the area of sexual and reproductive health the Union has complementary and supportive competence while legislative powers in that regard lie with the Member States;
Amendment 204 #
Motion for a resolution Paragraph 44 Amendment 205 #
Motion for a resolution Paragraph 44 Amendment 206 #
Motion for a resolution Paragraph 44 Amendment 207 #
Motion for a resolution Paragraph 44 Amendment 208 #
Motion for a resolution Paragraph 44 44. Recalls that
Amendment 209 #
Motion for a resolution Paragraph 44 a (new) 44a. Stresses that women who decide to end a pregnancy either travel to another country to obtain safe and legal abortion services or undergo potentially unsafe procedures at home and might risk their lives during these procedures; reaffirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls;
Amendment 21 #
Motion for a resolution Recital B B. whereas, in contrast to Article 258 of the Treaty on the Functioning of the European Union, the scope of Article 7 of the Treaty on European Union
Amendment 210 #
Motion for a resolution Paragraph 44 a (new) 44a. Notes that in 2016 the Ministry of Justice prepared a draft motion for consideration to denounce the Istanbul Convention, which is the most comprehensive instrument that sets legally binding standards to prevent gender-based violence; moreover, is deeply concerned that the Polish Deputy Minister of Justice has recently declared that Poland should denounce the Convention;
Amendment 211 #
Motion for a resolution Subheading 23 Amendment 212 #
Motion for a resolution Subheading 23 Hate speech, public discrimination, violence against women and domestic violence and intolerant behaviour against minorities and other vulnerable groups, including LGBTI people
Amendment 213 #
Motion for a resolution Paragraph 45 Amendment 214 #
Motion for a resolution Paragraph 45 Amendment 215 #
Motion for a resolution Paragraph 45 45.
Amendment 216 #
Motion for a resolution Paragraph 45 45. Reiterates its call on the Polish government to take appropriate action on and strongly condemn any
Amendment 217 #
Motion for a resolution Paragraph 45 a (new) 45a. Encourages the Polish authorities to give practical and effective application to the Council of Europe Istanbul Convention, including by ensuring application of the existing legislation across the country, as well as the provision of a sufficient number and quality of shelters for women victims of violence and their children;
Amendment 218 #
Motion for a resolution Paragraph 45 a (new) 45a. Welcomes the actions of Polish authorities condemning xenophobic and fascist hate crime or hate speech and calls on Polish authorities to further taking of appropriate actions in this regard;
Amendment 219 #
Motion for a resolution Paragraph 45 b (new) 45b. Urges the Polish authorities to take all measures to eliminate structural discrimination against Roma, to continue its efforts to end all segregation in education faced by Roma children, to take measures to end extreme poverty among Roma, provide genuine solutions for housing problems and to take effective measures to end unemployment among Roma and to eliminate the wage gap;
Amendment 22 #
Motion for a resolution Recital B B. whereas
Amendment 220 #
Motion for a resolution Paragraph 45 b (new) 45b. Recalls that the Constitution of the Republic of Poland confirms the prohibition of discrimination against anyone on any grounds;
Amendment 221 #
Motion for a resolution Paragraph 46 Amendment 222 #
Motion for a resolution Paragraph 46 Amendment 223 #
Motion for a resolution Paragraph 46 46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections,
Amendment 224 #
Motion for a resolution Paragraph 46 46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections,
Amendment 225 #
Motion for a resolution Paragraph 46 46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections,
Amendment 226 #
Motion for a resolution Paragraph 46 46. Re
Amendment 227 #
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination;
Amendment 228 #
Motion for a resolution Paragraph 46 46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination; notes the lack of any improvement in the situation of LGBTI people in Poland since;
Amendment 229 #
Motion for a resolution Paragraph 46 46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections,
Amendment 23 #
Motion for a resolution Recital C a (new) Ca. whereas the procedure under Article 7 TEU has its limits set by the reasoned proposal submitted by the Commission, and any matters not covered by it cannot be subject to the European Parliament’s consent procedure;
Amendment 230 #
Motion for a resolution Paragraph 46 46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and recall
Amendment 231 #
Motion for a resolution Paragraph 46 a (new) 46a. Calls on the Polish authorities to refrain from detaining migrant and asylum-seeking children and families with children, to ensure that asylum seekers are properly registered by border guards and promptly referred to asylum authorities and granted access to a lawyer, to increase the duration and amount of the financial support provided to refugees and beneficiaries of subsidiary protection in order to facilitate their full integration into society and to remove all barriers that impede access by undocumented migrant women to affordable maternal health care throughout pregnancy;
Amendment 232 #
Motion for a resolution Paragraph 46 a (new) 46a. Recalls its position outlined in its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones, and condemns the law suits against the civil society activists who published the so called “Atlas of Hate” that documents the spread of homophobia in Poland, and rejects the way the current legal framework and courts and these lawsuits are being used to silence LGBTI activists and prevent them from exercising their right to free speech;
Amendment 233 #
Motion for a resolution Paragraph 47 Amendment 234 #
Motion for a resolution Paragraph 47 47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between
Amendment 235 #
Motion for a resolution Paragraph 47 47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured; considers the threat to the uniformity of the Union legal order posed by rule of law deconsolidation in Poland to be particularly serious;
Amendment 236 #
Motion for a resolution Paragraph 47 47.
Amendment 237 #
Motion for a resolution Paragraph 47 47. Notes in case the Council would determine that there is lack of independence of the judiciary in Poland
Amendment 238 #
Motion for a resolution Paragraph 48 48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in dialogue with the Commission; stresses that such a dialogue needs to be conducted in an impartial, evidence-based and cooperative manner while also respecting the competences of the Union and its Member States as enshrined in the Treaties, and the principle of subsidiarity; calls on the Polish government to cooperate with the Commission pursuant to the principle of sincere cooperation as set out in the Treaty; calls on the Polish government to swiftly implement the rulings of the CJEU and to respect the primacy of Union law;
Amendment 239 #
Motion for a resolution Paragraph 48 48. Calls on the Polish
Amendment 24 #
Motion for a resolution Recital C a (new) Ca. Underlines that the Member States of the European Union have, in accordance with Article 49 of the Treaty on European Union, freely and voluntarily committed themselves to the common values referred to in Article 2 of the Treaty on European Union;
Amendment 240 #
Motion for a resolution Paragraph 48 48.
Amendment 241 #
Motion for a resolution Paragraph 48 48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in honest dialogue with the Commission; calls on the Polish
Amendment 242 #
Motion for a resolution Paragraph 48 a (new) 48a. Calls on the Council and the Commission to refrain from narrowly interpreting the rule of law principle, and to use the Article 7(1) TEU procedure to its full potential by addressing the implications of the Polish government’s action for all the principles enshrined in Article 2 TEU, including democracy and fundamental rights, such as freedom of association, women’s rights, media freedom and the right to free and fair elections;
Amendment 243 #
Motion for a resolution Paragraph 49 Amendment 244 #
Motion for a resolution Paragraph 49 49. Calls upon the Council to
Amendment 245 #
Motion for a resolution Paragraph 49 49.
Amendment 246 #
Motion for a resolution Paragraph 49 49. Calls upon the Council to resume the formal hearings - the last one of which was held as long ago as December 2018 - as soon as possible and to include in those hearings all the latest and major negative developments in the areas of rule of law, democracy and fundamental rights; urges the Council to finally act under the Article 7(1) TEU procedure by finding that there is a clear risk of a serious breach by the Republic of Poland of the values referred to in Article 2 TEU, in the light of overwhelming evidence thereof as displayed in this resolution and in so many reports of international and European organisations, the case-law of the CJEU and the European Court of Human Rights and reports by civil society organisations; strongly recommends that the Council address concrete recommendations to Poland, as provided for in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls
Amendment 247 #
Motion for a resolution Paragraph 49 49. Calls upon the Council to resume the formal hearings on the situation in Poland - the last one of which was held as long ago as December 2018 - as soon as possible and to include in those hearings all the latest and major negative developments in the areas of rule of law, democracy and fundamental rights; urges the Council to finally act under the Article 7(1) TEU procedure by finding that there is a clear risk of a serious breach by the Republic of Poland of the values referred to in Article 2 TEU, in the light of overwhelming evidence thereof as displayed in this resolution and in so many reports of international and European organisations, the case-law of the CJEU and the European Court of Human Rights and reports by civil society organisations; strongly recommends that the Council address concrete recommendations to Poland, as provided for in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls on the Council to keep Parliament regularly informed and closely involved, as well as to allow for a meaningful participation of civil society organisations in the matter;
Amendment 248 #
Motion for a resolution Paragraph 50 Amendment 249 #
Motion for a resolution Paragraph 50 Amendment 25 #
Motion for a resolution Recital C a (new) Ca. whereas the procedure under Article 7 TEU has its limits set by the reasoned proposal submitted by the Commission, and any matters not covered by it cannot be subject to the European Parliament’s consent procedure;
Amendment 250 #
Motion for a resolution Paragraph 50 50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; calls on the Commission to continue to keep Parliament regularly informed and closely involved; also calls on the Commission to make full use of the tools mentioned and to consider further measures in the event of a repeated threat to the principles enshrined in Article 2 TEU by a Member State;
Amendment 251 #
Motion for a resolution Paragraph 50 50.
Amendment 252 #
Motion for a resolution Paragraph 50 50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; strongly supports the Commission’s approach on inclusion of rule of law conditionality in the future Multiannual Financial Framework; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
Amendment 253 #
Motion for a resolution Paragraph 50 50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as
Amendment 254 #
Motion for a resolution Paragraph 51 Amendment 26 #
Motion for a resolution Recital C b (new) Cb. Points out that the European Parliament’s role in the consent procedure is described in Article 7 and cannot be otherwise usurped; recalls that, according to Article 269 TFEU, only procedural matters can be challenged before the CJEU under Article 7 TEU;
Amendment 27 #
Motion for a resolution Recital C b (new) Amendment 28 #
Motion for a resolution Paragraph 1 – indent 3 Amendment 29 #
Motion for a resolution Paragraph 1 – indent 3 a (new) - the functioning of a free and independent media;
Amendment 3 #
Motion for a resolution Citation 9 b (new) - having regard to the Council Legal Service’s legal opinion of 27 May 2014 on the compatibility of the Commission’s Communication on a new EU Framework to strengthen the Rule of Law with the Treaties;
Amendment 30 #
Motion for a resolution Paragraph 2 Amendment 31 #
Motion for a resolution Paragraph 2 Amendment 32 #
Motion for a resolution Paragraph 2 Amendment 33 #
Motion for a resolution Paragraph 2 2.
Amendment 34 #
Motion for a resolution Paragraph 2 – point 1 (new) (1) Takes note of the explanations provided by the Polish government as regards the reasons for the introduction of the reform of the judiciary and considers these explanations to be legitimate and convincing in the context of the concerns expressed by Member States;
Amendment 35 #
Motion for a resolution Paragraph 3 3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU; is of the opinion that discussions in the Council under the Article 7(1) TEU procedure have been neither regular nor structured, and have failed to address the substantial issues that warranted the procedure’s activation and to fully grasp the impact that the Polish government’s action is having on all Article 2 TEU principles;
Amendment 36 #
Motion for a resolution Paragraph 3 3.
Amendment 37 #
Motion for a resolution Paragraph 3 3.
Amendment 38 #
Motion for a resolution Paragraph 3 3.
Amendment 39 #
Motion for a resolution Paragraph 3 3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, multiple exchanges of views in the Civil Liberties, Justice and Home Affairs Committee of the European Parliament, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU;
Amendment 4 #
Motion for a resolution Citation 14 a (new) - having regard to its resolution of 3 May 2018 on media pluralism and media freedom in the European Union,
Amendment 40 #
Motion for a resolution Paragraph 4 Amendment 41 #
Motion for a resolution Paragraph 4 Amendment 42 #
Motion for a resolution Paragraph 4 4. Notes that the Commission’s reasoned proposal of 20 December 2017 in accordance with Article
Amendment 43 #
Motion for a resolution Paragraph 4 a (new) Amendment 44 #
Motion for a resolution Paragraph 5 Amendment 45 #
Motion for a resolution Paragraph 5 5. Takes the view that the latest developments in the ongoing hearings under Article 7(1) TEU once again underline the imminent need for a complementary and preventive Union mechanism on democracy, the rule of law and fundamental rights (DRF) as put forward by Parliament in its resolution of 25 October 2016; recalls that if the Commission and Council continue to reject the establishment of a Pact for DRF, Parliament could take the initiative to launch a pilot DRF report and an interparliamentary debate;
Amendment 46 #
Motion for a resolution Paragraph 5 5. Takes the view that the
Amendment 47 #
Motion for a resolution Paragraph 5 5.
Amendment 48 #
Motion for a resolution Paragraph 5 5. Takes the view that the latest developments in the ongoing hearings under Article 7(1) TEU once again underline the imminent need for a complementary
Amendment 49 #
Motion for a resolution Paragraph 5 – point 1 (new) Amendment 5 #
Motion for a resolution Citation 15 Amendment 50 #
Motion for a resolution Paragraph 6 Amendment 51 #
Motion for a resolution Paragraph 6 Amendment 52 #
Motion for a resolution Paragraph 6 6.
Amendment 53 #
Motion for a resolution Paragraph 6 a (new) 6a. Reiterates its position as regards the budget envelope for the new Rights and Values Programme within the next Multiannual Financial Framework, and calls to ensure that adequate funding is provided for national and local civil society organizations to grow grassroots support for democracy, rule of law and fundamental rights in the Member States, including Poland;
Amendment 54 #
Motion for a resolution Paragraph 6 a (new) 6a. Recalls that Parliament must give its consent to the Multiannual Financial Framework; reiterates its demand for a mechanism to protect the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States; stands ready to reject any proposal that would not sufficiently meet these standards;
Amendment 55 #
Motion for a resolution Subheading 1 Amendment 56 #
Motion for a resolution Subheading 2 Amendment 57 #
Motion for a resolution Subheading 2 Amendment 58 #
Motion for a resolution Paragraph 7 Amendment 59 #
Motion for a resolution Paragraph 8 Amendment 6 #
Motion for a resolution Citation 15 Amendment 60 #
Motion for a resolution Paragraph 8 Amendment 61 #
Motion for a resolution Subheading 3 Amendment 62 #
Motion for a resolution Paragraph 9 Amendment 63 #
Motion for a resolution Paragraph 9 9.
Amendment 64 #
Motion for a resolution Paragraph 10 Amendment 65 #
Motion for a resolution Paragraph 10 Amendment 66 #
Motion for a resolution Paragraph 10 10.
Amendment 67 #
Motion for a resolution Paragraph 10 10.
Amendment 68 #
Motion for a resolution Paragraph 10 10. Denounces that, during the COVID-19 outbreak, but not linked with the COVID-19 outbreak, legislation is being debated or even rushed through in Parliament in very sensitive areas such as
Amendment 69 #
Motion for a resolution Paragraph 10 a (new) 10a. Recalls that the Resolution of the European Parliament of 10 December 2013 on sexual and reproductive health and rights (2013/2040(INI)) ‘notes that the formulation and implementation of policies on SRHR and on sexual education in schools is a competence of the Member States’;
Amendment 7 #
Motion for a resolution Citation 16 Amendment 70 #
Motion for a resolution Subheading 4 Amendment 71 #
Motion for a resolution Paragraph 11 Amendment 72 #
Motion for a resolution Paragraph 11 Amendment 73 #
Motion for a resolution Paragraph 11 11. Notes with concern that the OSCE concluded that media bias and intolerant rhetoric in the campaign for the October 2019 parliamentary elections were of significant concern20 and that, while all candidates were able to campaign freely, senior state officials used publicly funded events for campaign messaging; notes, furthermore, that the dominance of the ruling party in public media further amplified its advantage21
Amendment 74 #
Motion for a resolution Paragraph 12 Amendment 75 #
Motion for a resolution Paragraph 12 Amendment 76 #
Motion for a resolution Paragraph 12 12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable
Amendment 77 #
Motion for a resolution Paragraph 12 12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general
Amendment 78 #
Motion for a resolution Paragraph 13 Amendment 79 #
Motion for a resolution Paragraph 13 Amendment 8 #
Motion for a resolution Citation 16 Amendment 80 #
Motion for a resolution Paragraph 13 13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; notes with concern that the elections, originally scheduled to be held on 10 May 2020, were eventually postponed without respecting formal legal requirements; _________________ 23Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural
Amendment 81 #
Motion for a resolution Paragraph 13 13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal when constitutional review was still effective; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ;
Amendment 82 #
Motion for a resolution Paragraph 13 13.
Amendment 83 #
Motion for a resolution Paragraph 13 a (new) Amendment 84 #
Motion for a resolution Subheading 6 Amendment 85 #
Motion for a resolution Paragraph 14 14. Recognises that while the organisation of
Amendment 86 #
Motion for a resolution Paragraph 14 14. Recognises that the organisation of the justice system is a national competence;
Amendment 87 #
Motion for a resolution Paragraph 14 14. Recognises that the organisation of
Amendment 88 #
Motion for a resolution Paragraph 15 15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016, as well as the package of three acts adopted at the end of 2016, seriously affected the Constitutional Tribunal’s independence and legitimacy and
Amendment 89 #
Motion for a resolution Paragraph 15 15.
Amendment 9 #
Motion for a resolution Citation 19 Amendment 90 #
Motion for a resolution Paragraph 15 15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016 seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefore declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published
Amendment 91 #
Motion for a resolution Paragraph 16 16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect
Amendment 92 #
Motion for a resolution Paragraph 16 16. Rec
Amendment 93 #
Motion for a resolution Paragraph 16 16. Recalls that, already in 2017,
Amendment 94 #
Motion for a resolution Paragraph 16 a (new) 16a. Notes that upon conclusion of the term in office of the First President of the Supreme Court in April 2020, the President of Poland nominated as subsequent Acting First President of the Supreme Court a judge whose independence and impartiality could be put into question; notes that the above- mentioned Acting President, as well as his successor, also nominated as Judge of the Supreme Court by the new NCJ, were responsible for organising the election of candidates for the next First President of the Supreme Court by the General Assembly of the Supreme Court;
Amendment 95 #
Motion for a resolution Paragraph 16 b (new) 16b. Is deeply concerned that the process of electing the candidates did not conform to the rules of procedure of the Supreme Court and violated basic standards of deliberation among the members of the General Assembly; further states its concern about reports of attempts by the Acting Presidents to inhibit dialogue among the judges who participated in the election and about alleged attempts to manipulate the vote in the General Assembly;
Amendment 96 #
Motion for a resolution Paragraph 16 c (new) 16c. Notes with regret that doubts concerning the validity of the election process in the General Assembly as well as the impartiality and independence of the Acting Presidents during the election process could undermine the legitimacy of the new First President of the Supreme Court nominated by the President of Poland on 25 May 2020, and could thus put into question the independence of the Supreme Court;
Amendment 97 #
Motion for a resolution Paragraph 16 d (new) 16d. Regrets that on 25 May 2020, the President of Poland nominated the new First President of the Supreme Court, although the General Assembly of the Supreme Court had not yet officially submitted a list of candidates to the President, as required by Article 183 of the Polish Constitution, which further undermines the separation of powers and negatively affects the legitimacy of the new First President of the Supreme Court; recalls that a similar violation of law by the President of Poland occurred when nominating the President of the Constitutional Tribunal;
Amendment 98 #
Motion for a resolution Paragraph 17 17.
Amendment 99 #
Motion for a resolution Paragraph 18 18.
source: 652.541
2020/06/10
FEMM
105 amendments...
Amendment 1 #
Draft opinion Citation 1 Amendment 10 #
Draft opinion Citation 3 b (new) - having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, and where Polish LGBTI respondents demonstrate a complete disbelief in the government’s combat against prejudice and intolerance, recording the lowest percentage across the EU (only 4%), and Poland registers the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%);
Amendment 100 #
Draft opinion Paragraph 6 a (new) 6a. Deplores the fact that this campaign to discredit Poland in the eyes of the European Parliament is an example of the modus operandi of the EU, which actively distorts national democratic processes and undermines Europe’s diversity;
Amendment 101 #
Draft opinion Paragraph 6 a (new) Amendment 102 #
Draft opinion Paragraph 6 b (new) 6b. Recalls that Article 7 TEU can be triggered where there is determination that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2; strongly believes that contraventions of women’s, LGBTI+ people’s and other minorities’ rights seriously breach the values of equality and respect for human rights, including the rights of persons belonging to minorities enshrined in Article 2 TEU and that such contraventions should trigger the Article 7 procedure; urges the Commission to monitor the situation of these values in the Union closely and launch proceedings under Article 7(1) where there is evidence of a clear risk of a serious breach of these values by a Member State;
Amendment 103 #
Draft opinion Paragraph 6 b (new) 6b. Notes that in Poland, the subject ‘Education for family life’ (WdŻ) has been taught for 21 years and includes sexuality in an integrated way, i.e. taking account of both the biological sphere and the value-based mental, emotional, social and spiritual spheres. This approach gives young people an opportunity for full and proper development; further notes that it is mandatory for schools to provide WdŻ classes but that they are not compulsory for pupils, out of respect for the constitutional priority which parents have in their children’s education, in accordance with their values and convictions;
Amendment 104 #
Draft opinion Paragraph 6 c (new) 6c. Strongly regrets recent legal changes by the Sejm, under which medical facilities would no longer be legally obliged to indicate another facility in case of denial of abortion services due to personal beliefs; calls on the Polish government to urgently reverse these changes, to address gaps in service provision resulting from doctors who refuse healthcare services on conscientious objection grounds, and to legislate to ensure that in the event of refusal to perform a medical procedure, the medical facility must indicate another specialist or facility which will perform the procedure;
Amendment 105 #
Draft opinion Paragraph 6 d (new) 6d. Reiterates its concerns about already ongoing, extensive, and inappropriate use of conscientious objection including the absence of a reliable referral mechanism for access to abortion in practice, and lack of timely appeals processes for women who are denied abortions; notes that under human rights law, the right of conscientious objection is not absolute and is subject to limitations to protect the rights of others and that concerning healthcare, conscientious objection is also constricted by articles protecting the right to life, health and privacy;
Amendment 11 #
Draft opinion Citation 4 - having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 2, 3, 10, 11, 21 and 35 thereof,
Amendment 12 #
Draft opinion Citation 4 - having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 2, 3, 10, 21, 35 and
Amendment 13 #
Draft opinion Citation 4 a (new) Amendment 14 #
Draft opinion Citation 5 - having regard to Article 8 of the Treaty on the Functioning of the European Union (TFEU), on equality between women and men,
Amendment 15 #
Draft opinion Citation 5 a (new) - having regard to the UN convention on the Rights of the Child, particularly the preamble, which notes that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”,
Amendment 16 #
Draft opinion Recital A a (new) Aa. whereas 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, as set out in Article 2 TEU and embedded in international human rights treaties; whereas those values, which are common to the Member States and to which all Member States have freely subscribed, constitute the foundation of the rights enjoyed by those living in the Union; whereas Article 7 TEU foresees the possibility to suspend certain rights deriving from the application of the Treaties to a Member State, including voting rights in the Council, where there has been a determination of the existence of a serious and persistent breach by a Member State of the values referred to in Article 2;
Amendment 17 #
Draft opinion Recital A a (new) Aa. whereas policy-making in the area of sexual education and access to health care in the field of sexual and reproductive health, in accordance with Article 168 TFEU, are Member State competences, although the EU can contribute to the promotion of best practices among the Member States;
Amendment 18 #
Draft opinion Recital A b (new) Ab. whereas provision of accessible and affordable sexual and reproductive health and rights, including contraception and safe and legal abortion, is related to multiple human rights, including the right to life and dignity, freedom from inhuman and degrading treatment, the right to access healthcare, the right to privacy, the right to education and the prohibition of discrimination; whereas the denial of sexual and reproductive health and rights services is a form of violence against women and girls; whereas the European Court of Human Rights has ruled on several occasions that restrictive abortion laws and lack of implementation violates the human rights of women;
Amendment 19 #
Draft opinion Recital A b (new) Ab. whereas international law does not recognise the so-called right to abortion, and whereas the European Court of Human Rights has repeatedly stressed that there is no right to abortion or its performance, and that the right to private life cannot be interpreted as granting the so-called right to abortion1; 1. A. B. C.v. Ireland, [GC], N°25579/05, 16 December 2010, § 213.’Article 8 cannot be interpreted as meaning that pregnancy and its termination pertain uniquely to the woman’s private life as, whenever a woman is pregnant, her private life becomes closely connected with the developing foetus.’
Amendment 2 #
Draft opinion Citation 1 Amendment 20 #
Draft opinion Recital A c (new) Ac. whereas age-appropriate and evidence-based comprehensive sexuality education is key to building children’s and young peoples’ skills to form healthy, equal, nurturing and safe relationships, free from discrimination, coercion and violence as well as having a positive impact on gender equality outcomes, including transforming harmful gender norms and attitudes towards gender-based violence, homophobia and transphobia and contributes to decreased adolescent pregnancy, reduced risk-taking, and increased use of condoms and other forms of contraception;
Amendment 21 #
Draft opinion Recital B B. whereas two draft laws stemming from citizens’ initiatives are before the Polish Parliament
Amendment 22 #
Draft opinion Recital B B. whereas two draft laws stemming from citizens’ initiatives are before the Polish Parliament,
Amendment 23 #
Draft opinion Recital B B. whereas two draft laws stemming from citizens’ initiatives are before the Polish Parliament, one of which seeks to tighten up even further a law on abortion which is already one of the most restrictive in the EU, and the other to make providing comprehensive sexuality education to minors a criminal offence punishable by imprisonment;
Amendment 24 #
Draft opinion Recital B B. whereas two draft laws stemming from citizens’ initiatives are before the Polish Parliament, one of which
Amendment 25 #
Draft opinion Recital B a (new) Ba. whereas the Poland’s Act of 1993 on Family Planning, Protection of Human Fetus and the Conditions of Legal Pregnancy Termination is one of the most restrictive laws on abortion in the European Union; whereas the new proposal known as “Stop Abortion” bill which seeks to amend the criminal code to eliminate legal access to abortion in cases of severe or fatal fetal anomaly would, in effect, result in a near total denial of access to legal abortion in Poland as most legal abortions are performed under this ground;
Amendment 26 #
Draft opinion Recital B a (new) Ba. whereas the realization of sexual and reproductive health and rights are essential to achieving gender equality and access to evidence-based comprehensive sexuality and relationship education is key to building children’s and young peoples’ skills to form healthy, equal, nurturing and safe relationships, address gender norms and prevent discrimination and all forms of abuse and gender-based violence;
Amendment 27 #
Draft opinion Recital B a (new) Ba. whereas the assessment of the arguments for the implementation of civic initiatives is carried out, in accordance with Polish law, by the Sejm and the Senate. The decision in this regard remains in the hands of both chambers of the Parliament of the Republic of Poland and the President of the Republic of Poland;
Amendment 28 #
Draft opinion Recital B b (new) Bb. whereas the “Stop paedophilia” bill would, in effect, prohibit sexuality education, criminalise teachers, health care workers and other educational professionals, and promote stigma, harmful stereotypes and homophobia; whereas the bill would contravene Poland’s international human rights obligations;
Amendment 29 #
Draft opinion Recital C C. whereas the Sejm was legally obliged, within six months of taking up its
Amendment 3 #
Draft opinion Citation 1 a (new) - having regard to its Resolution of 10 December 2013 on sexual and reproductive health and rights1a, 1a P7_TA(2013)0548
Amendment 30 #
Draft opinion Recital C a (new) Ca. whereas the members of the Sejm were democratically elected on the basis of proportional representation, and whereas the Polish people elected their representatives freely and in the exercise of their sovereignty;
Amendment 31 #
Draft opinion Recital D Amendment 32 #
Draft opinion Recital D D. whereas in 2018
Amendment 33 #
Draft opinion Recital D D. whereas in 2016 an attempt to introduce a total ban on the right to abortion sparked a mass mobilisation of women and civil society organisations and the ‘Black Monday’ women’s strike; whereas in 2018 the draft law imposing restrictions on abortion triggered massive protests throughout Poland and beyond;
Amendment 34 #
Draft opinion Recital D D. whereas in 201
Amendment 35 #
Draft opinion Recital D a (new) Da. whereas since the beginning of 2019 in Poland, there were over 80 instances, where regions, counties or municipalities have passed resolutions declaring themselves free from so-called “LGBT ideology”, or have adopted "Regional Charters of Family Rights” or key provisions coming from them, discriminating in particular single-parent and LGBTI families; whereas the creation of LGBTI free zones, even if it does not consist in the introduction of a physical border, represents an extremely discriminatory measure limiting the freedom of movement of the EU citizens;
Amendment 36 #
Draft opinion Recital D a (new) Da. whereas in the Republic of Poland, everyone has the right to health, and women in the stages of pregnancy, labour and delivery enjoy special legal protection in Poland; Article 68(3) of the Constitution of the Republic of Poland of 2 April 1997 states that: ‘Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.’;
Amendment 37 #
Draft opinion Recital D a (new) Da. whereas in 2019, the Polish people freely chose to elect to the Sejm a majority of members whose stance on abortion was known to the electorate; whereas it is not for supranational or foreign institutions and NGOs to state their opinions on matters of national competence when citizens can vote freely and governments and assemblies are elected democratically;
Amendment 38 #
Da. whereas in the past the UN Human Rights Committee has called on Poland to refrain from adopting any legislative reform that would amount to a retrogression of already restrictive legislation on women’s access to safe and legal abortion; whereas the ECtHR has ruled against Poland in several cases owing to Poland’s restrictive interpretation of this right;
Amendment 39 #
Draft opinion Paragraph 1 1. Welcomes the fact that on 16 April 2020 the Polish Parliament
Amendment 4 #
Draft opinion Citation 2 Amendment 40 #
Draft opinion Paragraph 1 1. Welcomes the fact that on 16 April 2020 the Polish Parliament voted to refer back to committee the two draft laws stemming from citizens’ initiatives on access to abortion and on the sexuality education of minors; is deeply concerned over the repetitive attempts to present, consider and reform laws with the aim to restrict women’s rights and gender equality;
Amendment 41 #
Draft opinion Paragraph 1 1.
Amendment 42 #
Draft opinion Paragraph 1 1.
Amendment 43 #
Draft opinion Paragraph 1 1. Welcomes the fact that on 16 April 2020 the Polish Parliament voted to refer back to committee the two draft laws stemming from citizens’ initiatives on access to abortion and on
Amendment 44 #
Draft opinion Paragraph 1 1.
Amendment 45 #
Draft opinion Paragraph 1 a (new) 1a. Is encouraged that citizen-led democratic tools are fully operational in Poland
Amendment 46 #
Draft opinion Paragraph 2 Amendment 47 #
Draft opinion Paragraph 2 Amendment 48 #
Draft opinion Paragraph 2 2. Calls on the Polish Government and Members of the Polish Parliament to halt consideration of these two draft laws, given that a vigorous, necessary and legitimate debate is under way in the country and throughout Europe in response to the moral issues and grievances they raise, and that the lives and fundamental rights of thousands of women, couples and families, many of them among the youngest and most vulnerable in society, would be irreparably damaged; Urges Members of the Polish Parliament to refrain from any further attempts to restrict women’s and adolescents’ sexual and reproductive health and rights;
Amendment 49 #
Draft opinion Paragraph 2 2. Calls on the Polish Government to halt consideration of these two draft laws, given that a vigorous, necessary and legitimate debate is under way in the country and throughout Europe in response to the moral issues and grievances they raise, and that the lives and fundamental rights of thousands of women, couples
Amendment 5 #
Draft opinion Citation 2 Amendment 50 #
Draft opinion Paragraph 2 2.
Amendment 51 #
Draft opinion Paragraph 2 – point 1 (new) (1) Regrets recent legal changes by the Sejm, under which medical facilities would no longer be legally obliged to indicate another facility in case of denial of abortion services due to personal beliefs; Calls on the Polish government to revert these changes and to adopt measures to compensate for deficiencies in service provision caused by doctors who decide to invoke conscientious objection to refuse healthcare services, and to include in the law a rule that in the event of refusal to perform a medical procedure, the medical facility must indicate another specialist or facility which will perform the procedure;
Amendment 52 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Polish Parliament to reject any legislative proposal that seeks to further erode women’s sexual and reproductive rights and on the Polish authorities to recognise the inalienable rights of women to physical and mental integrity and autonomous decision- making as regards, to the right to access the full range of reproductive health services, including safe and legal abortion and to take measures to implement fully the judgments handed down by the European Court of Human Rights in cases against Poland, which has ruled that restrictive abortion laws and lack of implementation violates human rights;
Amendment 53 #
Draft opinion Paragraph 2 a (new) 2a. Reiterates its concerns about already ongoing, extensive, and inappropriate use of the conscience clause including the absence of reliable referral mechanism for access to abortion in practice, and lack of timely appeals processes for women who are denied abortions; Notes that under human rights law, the right of conscientious objection is subject to limitations to protect the rights of others and that concerning healthcare, conscientious objection is also constricted by articles protecting the right to life, health and privacy;
Amendment 54 #
Draft opinion Paragraph 2 a (new) 2a. Considers that legislation on abortion, as with all laws, comes under national sovereignty, primarily that of each country’s parliamentary institutions, and that the European Parliament should not become involved in a national, democratic matter in Poland;
Amendment 55 #
Draft opinion Paragraph 2 a (new) 2a. Recalls that policy-making in the area of sexual education and access to health care in the field of sexual and reproductive health are Member State competences;
Amendment 56 #
Draft opinion Paragraph 2 b (new) 2b. Calls for the law limiting women and girls’ access to the emergency contraceptive pill to be repealed;
Amendment 57 #
Draft opinion Paragraph 2 e (new) 2e. Strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls and reminds that the unavailability of scientifically accurate information violates the rights of individuals to make informed choices about their own SRHR;
Amendment 58 #
Draft opinion Paragraph 2 f (new) 2f. Calls on the Polish Parliament to refrain from adopting any policy that would restrict access to comprehensive sexuality education; Call on the Polish authorities to ensure that young people have access to such an education in line with the World Health Organisation standards and that those who provide it are supported in doing so in a factual and objective manner;
Amendment 59 #
Draft opinion Paragraph 2 g (new) 2g. Encourages the Polish authorities to give practical and effective application to the Council of Europe Istanbul Convention, including by ensuring application of the existing legislation across the country, as well as the provision of a sufficient number and quality of shelters for women victims of violence and their children;
Amendment 6 #
Draft opinion Citation 3 Amendment 60 #
Draft opinion Paragraph 3 Amendment 61 #
Draft opinion Paragraph 3 Amendment 62 #
Draft opinion Paragraph 3 3. Emphasizes that universal access to healthcare, including sexual and reproductive healthcare and related rights, is a fundamental human right; Is concerned at the loss of women’s rights and at the level of protection in Poland of the right of women and adolescent girls to health, of which sexual and reproductive health is an essential component, and of the rights of young LGBTI people, whose health and physical safety are particularly at risk; reminds that the measures that roll back protections for women’s rights and self-determination violate Poland’s international human rights obligations to protect women’s rights to privacy, health, and freedom from inhuman treatment;
Amendment 63 #
Draft opinion Paragraph 3 3. Is concerned at the loss of women’s rights and at the level of protection in Poland of the right of women and adolescent girls to health, of which their sexual and reproductive health and rights is an essential component, and of the rights of
Amendment 64 #
Draft opinion Paragraph 3 3. Is concerned about the
Amendment 65 #
Draft opinion Paragraph 3 3. Is concerned at the
Amendment 66 #
Draft opinion Paragraph 3 a (new) 3a. Stress that unhindered and timely access to reproductive health services and respect for women’s reproductive autonomy and decision-making is critical to protecting women’s human rights and gender equality; reminds that International human rights bodies have repeatedly affirmed that highly restrictive abortion laws contravene human rights standards and must be reformed; recalls that Parliament has strongly criticised, already in its resolutions of 14 September2016 and 15 November 2017, any legislative proposal that would prohibit abortion in cases of severe or fatal foetal impairment, thereby virtually banning access to abortion care in Poland as most legal abortions are performed under this ground;
Amendment 67 #
Draft opinion Paragraph 3 a (new) 3a. Welcomes the fact that the issue of reproductive health has been included in the National Health Programme for the 2016-2020 period and in the health policy programme entitled: ‘Programme for comprehensive protection of reproductive health in Poland’, which aims primarily to increase the availability of high-quality diagnostic and infertility services;
Amendment 68 #
Draft opinion Paragraph 3 a (new) 3a. Welcomes the Polish government's efforts at protecting the rights of women by tackling Islamisation, which presents one of the largest threats to the rights of women and sexual minorities;
Amendment 69 #
Draft opinion Paragraph 3 a (new) 3a. Considers that legislation on abortion must go hand in hand with measures to prevent abortion, given the large number of contraceptive techniques in existence today;
Amendment 7 #
Draft opinion Citation 3 Amendment 70 #
Draft opinion Paragraph 3 b (new) 3b. Stresses that women who decide to end a pregnancy either travel to another country to obtain safe and legal abortion services or undergo potentially unsafe procedures at home and might risk their lives during these procedures, particularly poor women; reaffirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls;
Amendment 71 #
Draft opinion Paragraph 3 c (new) 3c. Urges the Polish authorities to respect the right of women to make autonomous decisions about their own bodies and reproductive functions, which are at the very core of their fundamental right to equality and privacy concerning intimate matters of physical and psychological integrity; calls for the law limiting women’s and girls’ access to the emergency contraceptive pill to be repealed;
Amendment 72 #
Draft opinion Paragraph 3 d (new) 3d. Strongly reiterates that access to comprehensive, age-appropriate information about sex and sexuality and access to sexual and reproductive health care, including sexual education, family planning, contraceptive methods and safe and legal abortion, is essential to create a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having safe sexual experiences, free of coercion, discrimination and violence;
Amendment 73 #
Draft opinion Paragraph 3 e (new) 3e. Reiterates that young people must be empowered and protected through age- appropriate information about sex and sexuality and access to sexual and reproductive healthcare; Stresses that rather than protecting young people, lack of information and education about sex and sexuality risks the safety and well- being of young people by leaving them vulnerable to sexual exploitation, abuse and violence, including girls and young LGBTI people who are particularly impacted by inequitable gender and social norms; demands that educators, doctors and carers been supported, protected and encouraged to be able to provide these informations;
Amendment 74 #
Draft opinion Paragraph 3 f (new) 3f. Recalls that education, in addition to being a stand-alone human right, is a precondition for the enjoyment of other fundamental rights and freedoms; recalls that Poland has a duty under international human rights law to provide mandatory, age-appropriate, standardised, evidence-based and scientifically accurate comprehensive sexuality education; recalls that such education is a necessary part of the school curriculum to meet the World Health Organization standards for Europe to educate and protect young people; affirms that such education should encompass sexual orientation and gender identity, sexual expression, relationships and consent as well as information about negative outcomes or conditions such as STIs and HIV, unintended pregnancy, sexual violence and harmful practices such as grooming and FGM;
Amendment 75 #
Draft opinion Paragraph 4 Amendment 76 #
Draft opinion Paragraph 4 Amendment 77 #
Draft opinion Paragraph 4 4. Calls on the Polish Government to condemn and take appropriate legal measures against the resolutions adopted by regional and local authorities concerning the establishment of ‘LGBTI- free areas’ in Poland, which violate fundamental rights and fuel more hatred, fear and threats against LGBTI + people in Poland; calls on the Commission to assess whether the creation of LGBTI free zones consists in a violation of the freedom of movement and residence in the EU, infringing Article3 (2) TEU, Article 21 TFEU, Title IV and V TFEU and Article 45 of the Charter of Fundamental Rights of the European Union; calls on the Commission to assess whether Poland has failed to fulfil an obligation under the Treaties and it shall deliver a reasoned opinion on the matter, in accordance with Article258 TFEU; urges the Polish Government to take steps to protect LGBTI + people and to combat all human rights violations faced by them in Poland;
Amendment 78 #
Draft opinion Paragraph 4 4. Calls on the Polish Government to condemn and take appropriate legal measures against the resolutions adopted by regional and local authorities concerning the establishment of ‘LGBTI- free areas’ in Poland, which violate fundamental rights and fuel more hatred, fear and threats against LGBTI + people in Poland; urges the Polish Government to take steps to protect LGBTI + people and to combat all human rights violations faced by them in Poland; ; Recalls its position outlined in its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, and condemns the law suits against the civil society activists who published the so called ”Atlas of Hate” that documents the spread of homophobia in Poland, and rejects the way the current legal framework and courts and these lawsuits are being used to silence LGBTI activists and prevent them from exercising their right to free speech;
Amendment 79 #
Draft opinion Paragraph 4 4. Calls on the Polish Government to condemn and take appropriate legal measures against the resolutions adopted
Amendment 8 #
Draft opinion Citation 3 a (new) - having regard to the 2019 recommendations of the World Health Organization (WHO) on adolescent sexual and reproductive health and rights and the WHO Regional Office for Europe standards for sexuality education in Europe: a framework for policy makers, educational and health authorities and specialists;
Amendment 80 #
Draft opinion Paragraph 4 4. Calls on the Polish Government to
Amendment 81 #
Draft opinion Paragraph 4 4. Calls on the Polish Government to urgently condemn and take appropriate legal measures against the resolutions adopted by regional and local authorities concerning the establishment of ‘LGBTI- free areas’ in Poland, which violate fundamental rights and fuel more hatred, fear and threats against LGBTI + people in Poland; urges the Polish Government to take steps to protect LGBTI + people and to combat all human rights violations faced by them in Poland;
Amendment 82 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to launch infringement proceedings in relation to the establishment of “LGTBI-free areas”, bearing in mind that homophobic statements constitute discrimination in employment and occupation when they are made by persons who may be perceived as having a decisive influence on recruitment policy of local government; calls on the Polish authorities to adopt legislation addressing the situation of same sex unions and parents with a view to ensuring their enjoyment of the right to non- discrimination in law and in fact in accordance with relevant case law of the Court of Justice and the European Court of Human Rights;
Amendment 83 #
Draft opinion Paragraph 4 a (new) 4a. Urges the European Commission to investigate whether EU cohesion funds have been used by these regions for anti- LGBTI+ propaganda, and if that is the case, calls for suspension of further funding until there are sufficient guarantees that European financial resources will not be used for actions violating EU values.
Amendment 84 #
Draft opinion Paragraph 4 a (new) 4a. Condemns that Poland has introduced "LGBT-free zones" which now has been declared in a third of Polish municipalities, and seriously violates human rights and discriminates LGBT- people;
Amendment 85 #
Draft opinion Paragraph 4 a (new) 4a. Points out that the Constitution of the Republic of Poland upholds the prohibition of discrimination against any person on any grounds;
Amendment 86 #
Draft opinion Paragraph 5 Amendment 87 #
Draft opinion Paragraph 5 Amendment 88 #
Draft opinion Paragraph 5 Amendment 89 #
Draft opinion Paragraph 5 5. Calls on the Polish Government to include sexual orientation, gender identity and sex characteristics as a protected personal characteristics in the Criminal Code to ensure the rights of all LGBTI+ people in Poland;
Amendment 9 #
Draft opinion Citation 3 a (new) - having regard to the European Parliament resolution of 13 February 2019 on Experiencing backlash in women’s rights and gender equality in the EU (2018/2684(RSP)),
Amendment 90 #
Draft opinion Paragraph 5 a (new) Amendment 91 #
Draft opinion Paragraph 5 a (new) 5a. Encourages all Member States to do all they can to protect and not threaten fundamental human rights by recognising that all babies lives matter; black babies lives matter, white babies lives matter, European and non-European babies lives matter, LGBTi babies lives matter, heterosexual babies lives matter;
Amendment 92 #
Draft opinion Paragraph 6 Amendment 93 #
Draft opinion Paragraph 6 Amendment 94 #
Draft opinion Paragraph 6 6. Calls on the Polish Government to comply with the recommendations made by the European Parliament in its resolution of 14 November 2019 on the criminalisation of comprehensive sexuality education in Poland, as well as with those of the Council of Europe and the WHO.
Amendment 95 #
Draft opinion Paragraph 6 6.
Amendment 96 #
Draft opinion Paragraph 6 a (new) 6a. Points out the worrying tendency of shrinking space for civil society and the increasing bureaucratisation and funds restrictions for fundamental rights organisations, including women’s rights organisations and activists; Calls on the polish authorities to ensure adequate funding to be available for organisations promoting SRHR and LGTBI+ rights, including through different funding instruments at EU level, such as the Multiannual Financial Framework 2021 – 2027 Rights and Values programme and other EU pilot projects;
Amendment 97 #
Draft opinion Paragraph 6 a (new) 6a. Recalls that, in accordance with the Treaty on the Functioning of the European Union, the EU must fully respect the ‘responsibility of the Member States for teaching content and the organisation of education systems’ and that the governments of the Member States have the right, and the responsibility, to organise the education system, including elements relating to sex education, in accordance with the democratic will of the majority;
Amendment 98 #
Draft opinion Paragraph 6 a (new) 6a. Recalls that Parliament must give its consent to the MFF; reiterates its demand for a mechanism to protect the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States and stands ready not to give its consent on the MFF should there not be a political agreement on such a mechanism;
Amendment 99 #
Draft opinion Paragraph 6 a (new) 6a. Believes that safeguarding democracy and guaranteeing respect of the rule of law and fundamental rights are essential values of the European Union; believes that EU funding under the next MFF should be conditional on adherence to these principles;
source: 653.743
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