2017/2089(INI) | [ParlTrack]

Draft opinion
Paragraph –1 (new)

-1. having regard to the EU CFR, and in particular articles 44 and 51;

Amendment 10 #

Draft opinion
Paragraph 1

Amendment 11 #

Draft opinion
Paragraph 1

Amendment 12 #

Draft opinion
Paragraph 1 a (new)

1a. Notes that the Ombudsman also plays a relevant role in guaranteeing the respect of Fundamental Rights in the context of the Charter, not only concerning Article 41 on the right to good administration itself, but also taking into account that such good administration is a cornerstone in securing other Fundamental Rights; recalls the exemplary work of the Ombudsman in the field of transparency and freedom of information among others, as well as the Special Report on Frontex1a during this parliamentary terms concerning particularly on the complaint rights by asylum-seekers and migrants; __________________ 1a Special Report of the European Ombudsman in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex (2014/2215(INI))

Amendment 13 #

Draft opinion
Paragraph 1 b (new)

1b. Notes that the entry into force of the Charter has been probably one of the few tangible added values of Union membership directly perceived by its citizens and residents;

Amendment 14 #

Draft opinion
Paragraph 2

2. Deplores the fact that the Charter of Fundamental Rights only applies in Member States when implementing EU law; reiterates that many citizens have found its implementation to be unclear and unsatisfactory; Stresses nonetheless that the Charter is primary law of the Union not only for the institutions but also for the member states. Therefore the restricted applicability does not offer a ''carte blanche'' to violate rights of the Charter.

Amendment 15 #

Draft opinion
Paragraph 2

2. Deplores the fact that the Charter of Fundamental Rights only applies in Member States when implementing EU law; reiterates that many citizens have found its implementation to be unclear and unsatisfactory; recalls that, in order to ensure the effective exercise of fundamental rights, Member States must also enforce the provisions of the Charter when applying EU law;

Amendment 16 #

Draft opinion
Paragraph 2

2. ~~Deplor~~Acknowledges the fact that the Charter of Fundamental Rights only applies in Member States when implementing EU law; reiterates that many citizens have found its implementation to be unclear and unsatisfactory;

Amendment 17 #

Draft opinion
Paragraph 2

2. Deplores the fact that the Charter of Fundamental Rights only applies in Member States when implementing EU law; reiterates that many ~~citize~~persons have found its implementation to be unclear and unsatisfactory;

Amendment 18 #

Draft opinion
Paragraph 2 a (new)

2a. Points out that the loopholes in transposition and proper implementation of EU law in Member States can have actual impacts in the enjoyment of EU Fundamental Rights; recalls in this sense the role of the Commission as guardian of the treaties, thus as ultimate -if not primary- responsible of safeguarding Fundamental Rights, when needed through infringement procedures; calls in this regard for a more determined leadership in ensuring an adequate implementation of EU legislation, notably concerning the right to environmental protection conferred in article 37 of the Charter, by means of more diligent, determined and thorough infringement procedures; recalls the importance of a prompt deployment and adequate implementation of the Access to Justice Pillar of the Aarhus Convention;

Amendment 19 #

Draft opinion
Paragraph 2 a (new)

2a. Highlights that a more rigorous interpretation and application of the Charter of Fundamental Rights of the European Union would suffice to ensure protection and promotion of fundamental rights throughout the Union. This robust interpretation shall be in line with international human rights obligations of the European Union, as they emanate from the Union's duty to uphold international customary law and general principles of public international law, hence not necessitating a treaty change to be accommodated.

Amendment 2 #

Draft opinion
Paragraph –1 a (new)

-1a. having regard to the Study by the Policy Department C on “The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures”;

Amendment 20 #

Andrea COZZOLINO

Draft opinion
Paragraph 2 a (new)

2a. Highlights that the plurality of sources of fundamental protection (national, EU and international) and the complexity of their interaction might weaken fundamental rights protection).

Amendment 21 #

Draft opinion
Paragraph 3

3. Considers that the expectations of most EU citizens submitting petitions in relation to the rights conferred on them by the Charter go far beyond their current scope of application; stresses that an excessively narrow or incoherent interpretation of Article 51 alienates citizens from the EU; urges the Commission to take steps to ensure that the interpretation of the scope of Article 51 is as coherent and wide as possible; , that would safeguard the universal and uniform implementation of the Charter through the Union and for all citizens; Considers that the universal application of the Charter is a condition for the promotion and consolidation of European citizenship and the strengthening of citizen's participation in democratic processes in the EU.

Amendment 22 #

Ana MIRANDA PAZ, Josep-Maria TERRICABRAS

Draft opinion
Paragraph 3

Amendment 23 #

Draft opinion
Paragraph 3

3. Considers that the expectations of most EU citizens submitting petitions in relation to the rights conferred on them by the Charter are high and go far beyond their current scope of application; stresses that an excessively narrow or incoherent interpretation of Article 51 alienates citizens from the EU; urges the Commission to take steps to ensure that the interpretation of the scope of Article 51 is as coherent and wide as possible;

Amendment 24 #

Draft opinion
Paragraph 3

3. Considers that the expectations of most ~~EU citizens submitting~~ petitioners in relation to the rights conferred on them by the Charter go far beyond their current scope of application; stresses that an excessively narrow or incoherent interpretation of Article 51 alienates ~~citizens~~ from the EU; urges the Commission to take steps to ensure that the interpretation of the scope of Article 51 is as coherent and wide as possible;

Amendment 25 #

Draft opinion
Paragraph 3 a (new)

3a. Welcomes the European Commission's efforts to combat discrimination against women; recalls that Article 23 of the Charter provides that 'Equality between women and men must be ensured in all areas, including employment, work and pay'; points out that the principle of equality does not stop us from maintaining or taking measures providing specific advantages for the under-represented sex;

Amendment 26 #

Draft opinion
Paragraph 3 a (new)

3a. Expresses the wish that the European Social Charter will be offered the same standing as the treaties in the same manner that the Charter of Fundamental Rights was. This way the profound proclivity towards civil and political rights will be eventually equilibrated with economic, social and cultural rights, bringing the Union in line with the universality, inalienability, indivisibility, interdependence and interrelation of human rights.

Amendment 27 #

Draft opinion
Paragraph 3 a (new)

3a. Is convinced that a re-launch of the Union to increase its appreciation by citizenship can be mainly achieved by upgrading the scope of protection of the Fundamental Rights enshrined in the Charter;

Amendment 28 #

Draft opinion
Paragraph 3 b (new)

3b. Insists that Article 7(7) of Regulation (EU) No.472/2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability, which specifies that the budgetary consolidation efforts required following the macroeconomic adjustment programme must "take into account the need to ensure sufficient means for fundamental policies, such as education and health care", is interpreted in line with the requirements of the social provisions of the Charter and the principles of the European Social Charter.

Amendment 29 #

Draft opinion
Paragraph 3 b (new)

3b. Deems crucial that, besides the general guarantee of freedoms1a and equality safeguards1b as well as political rights1c, the Union takes resolute steps to step up particularly its own engagements in guaranteeing the enjoyment of the social rights1d of the charter; _________________ 1a Title II 1b Title III 1c Title IV 1d Title IV

Amendment 3 #

Draft opinion
Paragraph –1 b (new)

-1b. having regard to the hearing by the committee on Petitions on “Broadening the scope of the EU Charter on Fundamental Rights (Article 51)?” of 23rdFebruary 2016;

Amendment 30 #

Draft opinion
Paragraph 3 c (new)

3c. Suggests the development and implementation of a Code of Conduct applicable to all Staff in line with the Charter of Fundamental Rights. Set up mechanisms for compliance that ensure that any violation is detected, reported and processed in a timely manner. Protection of the personal data of the alleged victim and of the involved whistle-blowers should be considered inalienable in the process. Organize training sessions for Staff with the view to eliminate issues of discrimination and hate speech on the basis of gender, sexual orientation, ethnic origin or any other status.

Amendment 31 #

Draft opinion
Paragraph 3 c (new)

3c. Urges to conclude the adoption of the horizontal EU Anti-discrimination directive1a, in order to further guarantee further fundamental rights concretely within the Union by means of adoption of concrete EU legislation, and therefore avoiding the current interference of article 51; _________________ 1a 2008/0140(CNS) Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation

Amendment 32 #

Draft opinion
Paragraph 3 d (new)

3d. Underlines that the Charter is probably the main tool to defend and promote the Union values into reality, namely by implementing it within the different concrete policies and political action; stresses that it is essential that the EU upholds these values both in its external policy and internally by enhancing the coverage of the Charter to its citizens and residents, as well as in hosting refugees and the reception of migrants;

Amendment 33 #

Draft opinion
Paragraph 3 d (new)

3d. Reiterates the need to interpretatively expand the scope of the Charter ratione temporis bringing an evaluation of the legislation that has been adopted prior to its entry into force and remains unrevised. Opines that the Charter should also be unexceptionally applicable apart from all legislative, to all administrative acts of the institutions.

Amendment 34 #

Draft opinion
Paragraph 3 e (new)

3e. Points out to the link between the Union values with the Charter, as well as with the Copenhagen Criteria for accession of third countries to the Union, in terms of guaranteeing Fundamental Rights; suggests that these conditions within the Copenhagen Criteria are not simply used once as accession preconditions, but that also Member States are periodically assessed against those in order to ensure the maintenance of the democratic quality of the Union over time;

Amendment 35 #

Draft opinion
Paragraph 3 e (new)

3e. Deplores the blockage in the Anti- discrimination Directive (Directive implementing the principle of equal treatment outside the labour market, irrespective of age, disability, sexual orientation or religious belief) that would materialize the principle of non- discrimination as enshrined in the Charter and conform with the obligations born by the Union after acceding to the UN Convention on the Rights of Persons with Disabilities.

Amendment 36 #

Draft opinion
Paragraph 4

4. Insists that it is of paramount importance in the interests of EU citizens to guarantee the effectiveness of the protection granted them under the current system, particularly in the field of social rights, but also with regard to civil liberties and democratic participation, by broadening the application of the Charter; calls on the Commission, in this regard, to introduce a fundamental rights impact assessment in all relevant new legislative proposals for the purposes of mainstreaming fundamental rights in all relevant policy areaand this equally for all fundamental rights;

Amendment 37 #

Draft opinion
Paragraph 4

Amendment 38 #

Draft opinion
Paragraph 4

Amendment 39 #

Draft opinion
Paragraph 4

4. Insists that it is of paramount importance in the interests of EU citizens to guarantee the effectiveness of the protection granted them under the current system, particularly in the field of ~~soci~~economic, social and cultural rights, but also with regard to civil liberties and democratic participation, by broadening the application of the Charter; calls on the Commission, in this regard, to ~~introduce a~~adopt an independent, participatory and transparent fundamental rights impact assessment in all ~~relevant~~ new legislative proposals for the purposes of ~~mainstream~~effectively protecting fundamental rights in all relevant policy areas;

Amendment 4 #

Draft opinion
Paragraph –1 c (new)

-1c. having regard to the Parliament resolution on “EU mechanism on democracy, the rule of law and fundamental rights” (In’t Veld report) of 25thOctober 2016, particularly its paragraph 20;

Amendment 40 #

Andrea COZZOLINO

Draft opinion
Paragraph 4

Amendment 41 #

Draft opinion
Paragraph 4

4. Insists that it is of paramount importance ~~in the interests of EU citizens~~ to guarantee the effectiveness of the protection granted them under the current system, particularly in the field of social rights, but also with regard to civil liberties and democratic participation, by broadening the application of the Charter; calls on the Commission, in this regard, to introduce a fundamental rights impact assessment in all relevant new legislative proposals for the purposes of mainstreaming fundamental rights in all relevant policy areas;

Amendment 42 #

Draft opinion
Paragraph 4 a (new)

4a. Highlights the importance of the Fundamental Rights Agency (FRA) in the institutional setting. Regrets the lacking integration of the agency's work in the evaluation of the compatibility of the institutional activities with the fundamental rights and the expertise on a regular basis on legislative files pertinent to internal and external competences of the Union.

Amendment 43 #

Draft opinion
Paragraph 4 a (new)

4a. welcomes the work carried out by the European Commission in the area of fundamental rights, especially with a view to its strategy to monitor the implementation of the rights and freedoms mentioned in the Charter and the annual reports on the application of the Charter.;

Amendment 44 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that all Union institutions and each of its agencies and bodies, including Frontex, as well as the Member States are fully bound by the provisions of the Charter of Fundamental Rights;

Amendment 45 #

Draft opinion
Paragraph 4 b (new)

4b. Recalls that both the Treaties and the EU Charter of Fundamental Rights make reference to the protection of national minorities and discrimination practised on the grounds of language; calls for concrete administrative steps within the EU institutions to encourage national governments to find durable solutions and to promote the culture of linguistic diversity in their Member State, beyond the official EU languages;

Amendment 46 #

Draft opinion
Paragraph 4 b (new)

4b. Reiterates that independent and impartial expertise to systematically prepare compatibility checks on all sectors of activity of the Union institutions is essential and to that end the contribution of the agencies relevant (European Institute for Gender Equality, FRA) could be systematized and further upgraded with substantial contributions to the legislative institutions and those with operational competences on the field.

Amendment 47 #

Draft opinion
Paragraph 4 c (new)

4c. Strongly believes that the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union 1a was an initial effort after the entry into force of the Charter, but needs to be urgently updated. The fundamental rights ''check list'', a methodology supposed to serve the systematic and rigorous monitoring of compliance with the Charter, in particular adherence to the principle of proportionality at the stage of a new legislative proposal needs to be quantified, expanded and published with the communication in an understandable manner. Points out that the impact assessment should be more thorough when comparing different options and the Commission shall prioritize the policy option that has no or policy impacts on fundamental rights, as only fundamental rights shall be considered legitimate objective of general interest. _________________ 1a Communication from the Commission, Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union, Brussels 19.10.2010, COM(2010) 573 final

Amendment 48 #

Draft opinion
Paragraph 5

5. Points out that Member States themselves can, and have the moral obligation to, implement the provisions of the Charter in their legislation, even when they are not directly transposing EU law; also deplores the deteriorating situation regarding media freedom in several Member States; urges Member States to respect, and the Commission to take, the necessary measures to monitor and enforce media freedom and pluralism;

Amendment 49 #

Draft opinion
Paragraph 5

5. Points out that Member States themselves can, and have the moral obligation to, implement the provisions of the Charter in their legislation, even when they are not directly transposing EU law; encourages the creation and promotion of national human rights institutions, which contribute to ensuring that fundamental rights are observed both in policy and law-making processes, and their implementation, as well as assisting to individuals in concrete cases;

Amendment 5 #

Ana MIRANDA PAZ, Josep-Maria TERRICABRAS

Draft opinion
Paragraph –1 d (new)

-1d. having regard to the Parliament resolution on “Possible evolutions and adjustments to the current institutional set-up of the European Union” (Verhofstadt report), particularly its paragraph 45;

Amendment 50 #

Draft opinion
Paragraph 5

5. Points out that Member States themselves can, and have the moral obligation to, implement the provisions of the Charter in their legislation, even when they are not directly transposing EU law; considers that the arbitrary or excessive use of violence by police or other Member State's security corps against peaceful assemblies is contrary to the provisions of the Charter;

Amendment 51 #

Draft opinion
Paragraph 5

5. Points out that Member States themselves can~~, and have the moral obligation to,~~ implement the provisions of the Charter in their legislation, even when they are not directly transposing EU law;

Amendment 52 #

Andrea COZZOLINO, Miltiadis KYRKOS

Draft opinion
Paragraph 5 a (new)

5a. Underlines the fact that the Charter of Fundamental Rights can be considered the cornerstone to develop a fully-fledged Union of peoples and not merely a Union of economically active mobile consumers, bridge inequalities and implement robust social policies with a clear anthropocentric orientation. The Charter has the potential to act as the basis of a strong legitimacy of the Union, and remedy the democratic deficit and the imbalances between the dominant economic component vis-à-vis the atrophic social one.

Amendment 53 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to adopt a more courageous approach when monitoring national authorities implementing measures of EU law raising Charter of Fundamental Rights issues, especially when these are not necessarily guaranteed across the EU.

Amendment 54 #

Draft opinion
Paragraph 5 a (new)

5a. Welcomes the ratification of the Marrakech Treaty on access by Visually Impaired People to adapted published works, as it is an essential step in the context of the article 26 of the Charter on equality of persons with disabilities;

Amendment 55 #

Draft opinion
Paragraph 5 b (new)

5b. Takes note of petition 0657/2016 and stresses the importance that article 10 of the Charter on freedom of thought, conscience and religion is respected in all Member States, and within all instances and institutions under the public sphere, particularly in the domain of education;

Amendment 56 #

Draft opinion
Paragraph 6

6. Calls on the Commission, the other EU institutions and Member States’ national ~~and regional~~ governments to regularly consult the Fundamental Rights Agency when fundamental rights are at stake; ~~calls, furthermore, for the introduction within the framework of the European Semester of a compulsory assessment and review of Member States’ adherence to the provisions of the Charter;~~

Amendment 57 #

Draft opinion
Paragraph 6

6. Calls on the Commission, the other EU institutions and Member States’ national and regional governments to regularly consult the Fundamental Rights Agency when fundamental rights are at stake; calls, furthermore, for the introduction within the framework of the European Semester of a compulsory assessment and review of Member States’ adherence to the provisions of the Charter; proposes the development of a Fundamental Rights Scoreboard in order to monitor the respect of fundamental rights in the Member States;

Amendment 58 #

Draft opinion
Paragraph 6

6. Calls on the Commission, the other EU institutions and Member States’ national and regional governments to regularly ~~consult~~and directly consult citizens and the Fundamental Rights Agency when fundamental rights are at stake; calls, furthermore, for the introduction within the framework of the European ~~Semester~~economic governance of a compulsory assessment and review of ~~Member States’~~the existing legislation in order to guarantee its adherence to the provisions of the Charter;

Amendment 59 #

Draft opinion
Paragraph 6 a (new)

6a. Points out to the relation between the conditions of access to justice throughout the EU and the actual protection of fundamental rights; considers that given the role of national courts as the primary instance of interpretation of EU law, the existing discrepancies between the quality of justice systems in different Member States, such as the length of the proceedings or their costs, create effective inequality between EU citizens; considers of paramount importance in this sense the monitoring role of the Commission and a bigger involvement of the CJEU, for instance through the currently underused preliminary rulings in order to ensure compliance with fundamental rights; stresses the need to incorporate this logic further in national courts proceedings, legislative procedures and juridical analysis, and proposes seeking preliminary advice from the Fundamental Rights Agencies or any other concerned EU body;

Amendment 6 #

Draft opinion
Paragraph –1 e (new)

-1e. Reaffirms that the fundamental right to petition, enshrined in Article 44 of the Charter of Fundamental Rights and Articles 20 and 227 TFEU, is one of the pillars of European Citizenship and a crucial element of participatory democracy, aiming at bringing the citizens closer to the EU through an open, democratic, inclusive and transparent procedure;

Amendment 60 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to reinforce of public consultation process that should be expanded and allow for active engagement of civil society and stakeholders. Targeted consultation should be equilibrated to include all affected stakeholders and groups, allowing for both written submissions and meeting. The outcome of those should be available online in detail to ensure that the Union's actions are coherent and transparent pursuant to article 11 TEU. Wide consultation should fully respect and uphold the principle of non- discrimination. Commission should consider revisiting the guidelines on stakeholder consultation and the minimum standards thereof and provide for adequately broad participation standards.

Amendment 61 #

Draft opinion
Paragraph 6 b (new)

6b. Considers that the implementation of the Charter is considerably lacking in its internal aspects, particularly when member states are exercising Union competences. Call for the Commission to develop an integrated approach of article 6 TEU and 258-260 TFEU and that would allow timely notification, reaction and prevention of violations of human rights and fundamental freedoms.

Amendment 62 #

Draft opinion
Paragraph 6 b (new)

6b. Takes note of the CLARITY1a interactive online tool developed by the Fundamental Right's Agency in order to enable an easy identification of the most appropriate non-judicial body with human rights remit for a particular fundamental rights issues; _________________ 1a Complaints, Legal Assistance and Rights Information Tool for You

Amendment 63 #

Draft opinion
Paragraph 6 c (new)

6c. Recalls the promise by the former Commission to create a new tool, besides the last recourse to the existing article 7 TEU, that goes beyond the mere current infringement procedures in terms of sanctions, when it concerns cases of apparent violation of Fundamental Rights of the Charter, particularly when Member States' governments are involved;

Amendment 64 #

Draft opinion
Paragraph 7

7. Strongly differs with the Commission on its restrictive interpretation of Article 51(1) when assessing a number of petitions submitted to Parliament, ~~in particular those on alleged breaches of Article 28 of the Charter on the right to collective bargaining and collective action,~~ and reiterates strongly that the EU institutions need to respect the Charter under all circumstances and in whichever role they play, for instance within the Troika, including when implementing adjustment programmes that are not based on primary EU law, as stated in its resolution of 13 March 2014 on the role and operations of the Troika with regard to the euro area programme countries;

Amendment 65 #

Draft opinion
Paragraph 7

7. ~~Strongly differs with~~Notes the differences between the Committee on Petitions and the Commission on witsh re~~strictiv~~gard to the interpretation of Article 51(1) when assessing a number of petitions ~~submitted to Parliament, in particular those on~~ related to alleged breaches of Article 28 of the Charter on the right to collective bargaining and collective action, and reiterates strongly that the EU institutions need to respect the Charter under all circumstances and in whichever role they play, for instance within the Troika, including when implementing adjustment programmes that are not based on primary EU law, as stated in its resolution of 13 March 2014 on the role and operations of the Troika with regard to the euro area programme countriesfundamental rights of EU citizens submitted to the Parliament;

Amendment 66 #

Draft opinion
Paragraph 7

7. Strongly differs with the Commission on its restrictive interpretation of Article 51(1) when assessing a number of petitions submitted to Parliament, in particular those on alleged breaches of Article 28 of the Charter on the right to collective bargaining and collective action, and reiterates strongly that the EU institutions need to respect the Charter under all circumstances ~~and in whichever role they play, for instance~~; highlights that the EU institutions in the role played within the Troika, and including when they implement~~ing~~ed adjustment programmes ~~that a~~, which were not based on primary EU law, ~~as stated in its resolution of 13 March 2014 on the role and operations of the Troika with regard to the euro area programme countrie~~violated multiple provisions of the EU Charter of Fundamental Rights;

Amendment 67 #

Draft opinion
Paragraph 7 a (new)

7a. Stresses the need to ensure the respect of the Charter, particularly its social provisions, is complied with during and throughout all stages of the European Semester process, including the Annual Growth Survey (AGS) with a simultaneous upgrade of the Joint Employment Report (JER). Calls for the development of social benchmarks to be monitored and form part of an integrated approach in the country-specific recommendations (CSRs).

Amendment 68 #

Draft opinion
Paragraph 7 a (new)

7a. Calls for a review of the Commission's Strategy for the effective implementation of the EU’s Charter of Fundamental Rights1a elaborated in 2010, in order to update it with the new challenges and institutional reality, particularly after the Brexit; _________________ 1a Commission communication (COM(2010) 573 final) – Strategy for the effective implementation of the EU’s Charter of Fundamental Rights

Amendment 69 #

Draft opinion
Paragraph 7 a (new)

7a. Highlights that the austerity policies adopted at EU level and by the Member States caused a huge increase of socioeconomic inequalities, preventing citizens from concretely and fully enjoying their fundamental rights;

Amendment 7 #

Draft opinion
Paragraph 1

1. Recalls that an increasing number of petitions submitted to Parliament after the entry into force of the EU Charter of Fundamental Rights in December 2009 invoke the Charter as the legal basis for the alleged violation of their fundamental rights as EU citizens; notes that these petitions are evidence of a serious structural lack of a fundamental rights- based approach in the drafting of legislation and policymaking both at EU level and in the implementation of legislation in Member States; considers that EU citizens can benefit from an enhanced interaction between the committee of Petitions and the Fundamental Rights Agency when it comes specifically to handling of petitions, with the agency providing direct feedback upon petitioners' concerns on possible fundamental rights violations;

Amendment 70 #

Draft opinion
Paragraph 7 a (new)

7a. Recalls that the Charter of the fundamental rights cannot extend the competences of the EU;

Amendment 71 #

Draft opinion
Paragraph 7 b (new)

7b. Recalls the context in which article 51 of the Charter, alongside its protocol 30, was introduced into the final text; considers that the Brexit process and the new political scenario and institutional challenges the Union is confronted with nowadays, represent a unique opportunity to reconsider the existence of these clauses;

Amendment 72 #

Draft opinion
Paragraph 7 b (new)

7b. Stresses the need to abandon austerity policies and calls for the adoption at EU level of a targeted strategy aimed at guaranteeing the highest levels of social justice, social protection and stable and adequately remunerated jobs, in full compliance with the EU Charter of Fundamental Rights;

Amendment 73 #

Draft opinion
Paragraph 7 b (new)

7b. Concerned by the limited justiciability and the lacking constitutive nature as introduced by article 51 par. 1 does not allow but only limited invocation by individuals.

Amendment 74 #

Draft opinion
Paragraph 7 c (new)

7c. Recalls the fact that the Charter introduces third generation rights as is the one to transparent administration and access to documents. Regrets the fact that the revision of the Regulation 1049/2001 has been blocked by the Council. Shares the viewpoint of the Ombudswoman on her strategic inquiry concerning the transparency in the Council legislative process (OI/2/2017/TE) and regrets the fact that the Council did not reply within the deadline in the findings. It is regrettably a recurring topic that is constantly showcased also from complaints submitted to the Ombudswoman. This matter should be considered of high importance in the democratic life of the Union and the effective participation of citizens across the continent hindering the fulfilment of the constitutional treaties and the Charter. Most recently a decision in case 1272/2017/LP (the refusal to give public access to the opinion of its Legal Service concerning an inter-institutional agreement on Transparency Register) indicated that the issue is threatening principle institutional balance and the negates the essential practice of the mutual sincere cooperation. It is impossible to perform an ex post check on an ad hoc basis after the refusal of a request.

Amendment 75 #

Draft opinion
Paragraph 7 c (new)

7c. Recalls the political agreement between the major EU institutions and the Member States for the EU to access the European Convention of Human Rights; considers that its completion would introduce further safeguards in protecting fundamental rights of Union citizens and residents; asks to take the necessary steps to eventually eliminate the legal barriers that prevent the conclusion of the accession;

Amendment 76 #

Draft opinion
Paragraph 7 d (new)

7d. Expresses its concerns for the large discrepancies that characterize the implementation of the Charter in the economic and monetary governance of the EU, particularly of the Eurozone. Underlines that Regulations as 472/2013 and 473/2013, despite being part of the secondary law of the Union, assign crucial roles to institutions that are informal (as the Eurogroup) or lie outside the legal framework of the EU, as the ESM, and are not bound by the Charter, regardless of it enjoying the same standing as the Treaties. Notes the need to promote European integration with a reform that would place all institutions, unexceptionally, within constitutional setting and under the obligation to comply with the Charter.

Amendment 77 #

Draft opinion
Paragraph 8

8. Invites the different EU institutions to consider an enhancement of the scope of application of the Charter, including the deletion of its Article 51, in the next revision of the Treaty. In the event that is deemed unfitting the Commission shall strive to reopen the accession of the Union to the European Convention on Human Rights (ECHR) eventually materializing its legal obligation under article 6 par. 2 of the TEU, contributing to the creation of a coherent framework for human rights protection throughout Europe. The Commission shall strive to draft a new Accession Agreement that would cure the inadequacies pointed out by the Court of Justice of the European Union in the Opinion 2/13.

Amendment 78 #

Draft opinion
Paragraph 8

8. Invites the different EU institutions to consider an enhancement of the scope of application of the Charter~~, including the deletion of its Article 51,~~ in the next revision of the Treaty.

Amendment 79 #

Draft opinion
Paragraph 8 a (new)

8a. Voices its discontent for the interpretations of article 51 and 52 which bring in artificial contradiction rights with principles - especially civil and political rights with social and economic principles. Echoes the position of the FRA in the Fundamental Rights Report 2017, that the Charter '' is unique in combining with equal status civil and political and social and economic rights in a single document''. Considers that social and economic rights are considerably lacking and should be decisively reinforced constitutively by rendering legally binding for all institutions and all members states the 20 principle of the European Social Charter.

Amendment 8 #

Virginie ROZIÈRE, Andrea COZZOLINO

Draft opinion
Paragraph 1

Amendment 80 #

Draft opinion
Paragraph 8 a (new)

8a. Calls on the Commission to be vigilant regarding full and consistent implementation of the Charter by the Member States; invites the European Institutions and Member states to reinforce the application of the Charter by broadening its scope of application.

Amendment 9 #

Draft opinion
Paragraph 1

1. Recalls that an increasing number of petitions submitted to Parliament after the entry into force of the EU Charter of Fundamental Rights in December 2009 invoke the Charter as the legal basis for the alleged violation of their fundamental rights as EU citizens; notes that these petitions are evidence, on the one hand of the expectation of the EU citizens that the EU will be reincarnated to prioritize the rule of law and fundamental rights, and on the other of a serious structural lack of a fundamental rights- based approach in the drafting of legislation and policymaking both at EU level and in the implementation of legislation in Member States;

source: 623.739

2018/10/22 EMPL 43 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas the social provisions of the Charter are at the heart of the Union~~’s structure and reinforce respect~~, whereas it is important to ensure respect and highlight the importance for fundamental rights across the Union;

Amendment 10 #

Draft opinion
Recital C

C. whereas the proclamation of the European Pillar of Social Rights further ~~enh~~stresses the importances of equal opportunities and access to the labour market, fair working conditions and social protection and inclusion;.

Amendment 11 #

Draft opinion
Recital C

C. whereas the proclamation of the European Pillar of Social Rights ~~further enhances~~with regard to delivering new and more effective rights for citizens in the areas of equal opportunities and access to the labour market, fair working conditions and social protection and inclusion further enhances rights enshrined in the Charter;

Amendment 12 #

Draft opinion
Recital C

C. whereas the proclamation of the European Pillar of Social Rights further enhances equal opportunities and access to the labour market, ~~fair~~decent working conditions and social protection and inclusion;

Amendment 13 #

Draft opinion
Paragraph 1

1. Deems it crucial that, besides the general guarantee of freedom and equality safeguards as well as political rights, the Union takes resolute steps to develop its own engagements in guaranteeing the enjoyment of the social rights of the charter; Reaffirms that all legal acts adopted by the EU must fully include and comply with the Charter’s ~~social~~ provisions, particularly in economic governance, and must be systematically assessed on compliance; Calls on the Commission to ensure compliance of the European Semester process with the Charter. Country-specific recommendations as well as the annual growth survey recommendations that the Commission submits to the Council should take into account the normative components of the social rights of the Charter.

Amendment 14 #

Draft opinion
Paragraph 1

1. Reaffirms that all legal acts adopted by the EU must fully include and comply with the Charter’s ~~social~~ provisions, ~~particularly in economic governance, and must be systematically assessed on compli~~including its social provisions. This shall include the area of economic governance;.

Amendment 15 #

Draft opinion
Paragraph 1

1. Reaffirms that all legal acts adopted by the EUnion must fully include and comply with the Charter’s social provisions, particularly in economic governance, and its compliance must be systematically assessed ~~on compliance~~;

Amendment 16 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Commission to ensure that beyond the Charter, relevant international human rights instruments are taken into account in compatibility checks and in impact assessments as part of the legislative procedure; to strengthen the role of civil participation in impact assessments; and to ensure a permanent, ongoing assessment of the fundamental rights compatibility of EU legislation, rather than a one-time process, especially in the field of employment and social affairs.

Amendment 17 #

Draft opinion
Paragraph 1 a (new)

1a. Regrets in that regard that the Economic Adjustment Programmes under the Memorandum of Understandings were not bound by the Charter of Fundamental Rights of the EU; recalls that the programmes violated several social rights in the programme countries such as the right to health care, education, collective bargaining;

Amendment 18 #

Draft opinion
Paragraph 1 a (new)

1a. Welcomes, in the context of the European Pillar of Social Rights, the Commission proposals on work-life balance, on predictable and transparent working conditions and on the coordination of the social security systems;

Amendment 19 #

Draft opinion
Paragraph 1 a (new)

1a. Understands that EU legislation and policies shall be systematically assessed on compliance with the Charter;

Amendment 2 #

Draft opinion
Recital A

A. whereas ~~the~~ social provisions ~~of the Charter are at~~are a crucial part of the Chearter and of the Union’s legal structure and therefore they contribute to reinforceing respect for fundamental rights across the Union;

Amendment 20 #

Draft opinion
Paragraph 1 b (new)

1b. Understands that jurisprudence will impact on the scope of the Charter and this must be taken into consideration;

Amendment 21 #

Draft opinion
Paragraph 1 b (new)

1b. Calls on the European Union to accede to the European Social Charter of the Council of Europe;

Amendment 22 #

Draft opinion
Paragraph 2

2. Stresses that all EU actors should ~~devote equal consideration to social and economic rights as to the~~prioritise social rights and fully respect all other fundamental rights enshrined in the Charter;

Amendment 23 #

Draft opinion
Paragraph 2

2. Stresses that all EU actors should devote equal consideration to social and economic rights and principles as to the other fundamental rights and other principles enshrined in the Charter;

Amendment 24 #

Draft opinion
Paragraph 2

2. Stresses that all EUnion actors should devote equal consideration to social rights and economic rights as to the other fundamental rights enshrined in the Charter;

Amendment 25 #

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Commission, the other EU institutions and Member States’ national and regional governments to consult the Fundamental Rights Agency when fundamental rights are at stake;

Amendment 26 #

Ádám KÓSA

Draft opinion
Paragraph 3

3. Emphasises that EU institutions and agencies need to further raise awareness of the Charter at both national and EU level, by enhancing communication on fundamental rights, values and freedoms with a special focus on employment and social policies; call~~s for the EU institutions and agencies to better align their practices with regard to Charter implementation~~ for the EU institutions and agencies to apply positive discrimination in order to facilitate the employment of people with disabilities and eliminate or offset the disadvantages they experience in career progression; calls for the EU institutions and agencies to better align their practices with regard to Charter implementation and calls on the Commission to establish a directorate- general with responsibility for matters concerning people with disabilities;

Amendment 27 #

Draft opinion
Paragraph 3

3. Emphasises that EU institutions and agencies need to further raise awareness of the Charter at both national and EU level, by enhancing communication on fundamental rights, values and freedoms with a special focus on employment and social policies; underlines the importance of further promoting of fundamental rights and freedoms to citizens; calls for the EU institutions and agencies to better align their practices with regard to Charter implementation; regrets that the full potential of the Charter has not yet been fully exploited;

Amendment 28 #

Draft opinion
Paragraph 3

3. Emphasises that ~~EU institutions and agencies need~~the Union needs to further raise awareness of the Charter at both national and EU level, by enhancing communication on fundamental rights, values and freedoms with a special focus on employment and social issues and policies; calls for the EUnion’s institutions and agencies, in particular with a specific reference to agencies in the field of employment and social policies, to better align their practices with regard to ~~Charter~~the implementation of the Charter;

Amendment 29 #

Draft opinion
Paragraph 3 a (new)

3a. Stresses the important role of the European Ombudsman in holding EU's institutions accountable as well as promoting EU's good administration practice; welcomes the work carried out by the European Ombudsman;

Amendment 3 #

Draft opinion
Recital A

A. whereas the social provisions of the Charter arshould be at the heart of the Union’s structure and reinforce respect for fundamental rights across the Union;

Amendment 30 #

Draft opinion
Paragraph 3 a (new)

3a. Calls for the institutions and agencies to better align their practices with regard to Charter implementation;

Amendment 31 #

Draft opinion
Paragraph 3 b (new)

3b. Welcomes the European Commission's work in the area of fundamental rights and its annual reports on the application of the fundamental rights and freedoms in the Charter of Fundamental Rights;

Amendment 32 #

Draft opinion
Paragraph 3 c (new)

3c. Welcomes the work of the Fundamental Rights Agency; encourages the FRA to continue advising and supporting EU institutions and Member States on improving the fundamental rights culture across the Union; welcomes the recently adopted FRA Strategy 2018 - 2022;

Amendment 33 #

Draft opinion
Paragraph 3 d (new)

3d. Welcomes EU's increased focus on rights of elderly citizens and encourages further advances in a right-based approach to ageing; stresses the importance of fighting ageism;

Amendment 34 #

Draft opinion
Paragraph 4

4. Stresses that Member States should respect their obligations relating to the social and economic r~~equirements of~~ights enshrined in the Charter when seeking to fulfil compliance with EU instruments, such as the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG). Furthermore, requires that the notion of "exceptional circumstances" allowing under the Treaty on Stability, Coordination and Governance within the Economic and Monetary Union (TSCG) for a deviation from the medium-term objective or the adjustment path announced (Article 3(3)(b) of the TSCG), should be interpreted to include the inability of a country to comply without compromising its obligations under the social provisions of the Charter;

Amendment 35 #

Draft opinion
Paragraph 4

4. Stresses that Member States should respect their obligations relating to the social and economic requirements of the Charter when seeking to fulfil compliance with EU instruments, such as the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), in particular the Stability and Growth Pact.

Amendment 36 #

Draft opinion
Paragraph 4

4. Stresses that Member States should respect their obligations relating to the social and economic requirements of the Charter ~~when seeking to fulfil~~even when those obligations are in conflict with the compliance with other EU instruments, such as the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG).

Amendment 37 #

Draft opinion
Paragraph 4

4. Stresses that EU Institutions and Member States should respect their obligations relating to the social and economic requirements of the Charter when seeking to ~~fulfil~~ensure compliance with EU instruments, such as the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG).

Amendment 38 #

Draft opinion
Paragraph 4

4. Stresses that Member States should respect their obligations relating to the social and economic requirements of the Charter when seeking to fulfil compliance with EUnion instruments, such as the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG).

Amendment 39 #

Draft opinion
Paragraph 4 a (new)

4a. Reaffirms that the Charter`s social provisions guarantee adequate social and health coverage and protection for all workers, including platform workers;

Amendment 4 #

Draft opinion
Recital A a (new)

Aa. whereas since the entry into force of the Lisbon Treaty, the Charter of Fundamental Rights is a source of primary law, applying in the first place to the institutions and bodies in the Union;

Amendment 40 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that Article 7(7) of Regulation (EU) No. 472/2013 should be interpreted in line with the requirements of the social provisions of the Charter.

Amendment 41 #

Draft opinion
Paragraph 4 a (new)

4a. Recognises the vital role of the Fundamental Rights Agency in assessing compliance with the Charter;

Amendment 42 #

Draft opinion
Paragraph 4 b (new)

4b. Stresses the importance that all proposals for Union legislation must respect the fundamental rights enshrined in the Charter. Highlights, in particular on fundamental workers’ rights, the Union needs to ensure that every worker enjoys the same fundamental rights disregarding the size of company, the type of contract or the employment relationship.

Amendment 43 #

Draft opinion
Paragraph 4 b (new)

4b. Calls on the Commission and the European Central Bank to fully comply with the Charter in the fulfilment of their tasks under the European Stability Mechanism including its lending practices in view of the jurisprudence of the Court of Justice;

Amendment 5 #

Draft opinion
Recital B

B. whereas all EU institutions, bodies, offices and agencies have the obligation to safeguard fundamental rights during the execution of their mandates ~~and~~including in the entire legislative process and the implementation of EU legislation to fully comply with the Charter;

Amendment 6 #

Draft opinion
Recital B

B. whereas ~~all EU institutions, bodies, offices and agenci~~the Union and the Member States have the obligation to safeguard fundamental rights ~~during the execution of their mandates~~ and to fully comply with the Charter;

Amendment 7 #

Draft opinion
Recital B

B. whereas all EU institutions, bodies, offices and agencies have the obligation to safeguard fundamental rights during the execution of their mandates and to fully comply with the Charter; whereas systematic application of the Charter in all policy fields is important;

Amendment 8 #

Draft opinion
Recital B a (new)

Ba. whereas this means EU institutions should not only seek to avoid violations of Charter rights but also enhance the potential of the Charter by actively and systematically incorporating those rights when legislating or developing policies ;

Amendment 9 #

Draft opinion
Recital B b (new)

Bb. whereas Council and Parliament must ensure that systematically any choices to be made between different policy options under consideration should be assessed by the contribution that such options make to the fulfilment of the Charter;

source: 629.488

2018/11/15 LIBE 67 amendments...

Amendment 1 #

Draft opinion
Citation 1 a (new)

– having regard to the EU Charter of Fundamental Rights, and in particular articles 44 and 51;

Amendment 10 #

Draft opinion
Recital D

D. whereas Article 151 of the Treaty on the Functioning of the European Union (TFEU) refers to fundamental social rights such as those set out in the European Social Charter and in the Community Charter of the Fundamental Social Rights of Workers;

Amendment 11 #

Draft opinion
Recital D a (new)

Da. whereas these provisions must be read in full compliance with the principle of subsidiarity and Article 4 of the TEU, which requires that competences not conferred upon the Union in the Treaties remain with the Member States and that the Union shall respect Member States' national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government;

Amendment 12 #

Draft opinion
Recital D a (new)

Amendment 13 #

Draft opinion
Recital E

E. whereas its study of November 2017 on the implementation of the Charter of Fundamental Rights in the EU institutional framework1 considers, inter alia, the relevance of the Charter for the Commission’s activities under the Treaty Establishing the European Stability Mechanism (ESM Treaty) and in the context of the European semester; __________________ 1 ‘The Implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C – Citizens’ Rights and Constitutional Affairs, November 2017.deleted

Amendment 14 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Recital E

Amendment 15 #

Draft opinion
Recital E

E. whereas its study of November 2017 on the implementation of the Charter of Fundamental Rights in the EU institutional framework1 considers, inter alia, the relevance of the Charter for the Commission’s activities under the Treaty Establishing the European Stability Mechanism (ESM Treaty) and in the context of the European semester; whereas little attention is being paid to the social rights of the Charter in the economic governance of the Union; whereas they must be considered as genuine fundamental rights. __________________ 1 ‘The Implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C – Citizens’ Rights and Constitutional Affairs, November 2017.

Amendment 16 #

Draft opinion
Recital F

F. whereas the EU Agency for Fundamental Rights (FRA) has formulated a number of recommendations for the effective implementation of the Charter of Fundamental Rights in its opinions entitled ‘Improving access to remedy in the area of business and human rights at the EU level’2 and ‘Challenges and opportunities for the implementation of the Charter of Fundamental Rights’3 ; __________________ 2 3deleted FRA Opinion 41/20187, ~~24 September~~10 April 20187.

Amendment 17 #

Draft opinion
Recital F a (new)

Fa. whereas despite Article 24 of the Charter, which guarantees the rights of the child and in particular underlines the rights of every child to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests, some Member States still use discriminatory procedures and practices in the family law system in the framework of family disputes with cross-border implications;

Amendment 18 #

Draft opinion
Recital F a (new)

Fa. whereas, as shown by the European Court of Auditors1a as well, the Commission plan aiming to subordinate EU funding to respect of rule of law is affected by irremediable fundamental deficiencies as regards rule of law itself; __________________ 1a Opinion No 1/2018 concerning the proposal of 2 May 2018 for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324 final).

Amendment 19 #

Draft opinion
Paragraph 1

1. States that the Charter of Fundamental Rights has to be applied ~~with full respect for the European Convention on Human Rights (ECHR),~~ while also recognising the importance of the European Social Charter and the European Pillar of Social Rights and calls upon the Commission to speed up the accession procedure of the EU to the ECHR and to give greater priority to the examination of the possibility of the EU’s accession to the European Social ChartCommunity Charter of the Fundamental Social Rights of Workers;

Amendment 2 #

Draft opinion
Citation 2 a (new)

– having regard to the Study by the Policy Department C on “The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures”;

Amendment 20 #

Draft opinion
Paragraph 1

1. States that the Charter of Fundamental Rights has to be applied with full respect for the European Convention on Human Rights (ECHR), while also recognising the importance of the European Social Charter and the European Pillar of Social Rights and calls upon the Commission to speed up the accession procedure of the EU to the ECHR and to give greater priority to the examination of the possibility of the EU’s accession to the European Social Charter; Calls upon the Commission to speed up the accession procedure of the EU to the ECHR;

Amendment 21 #

Draft opinion
Paragraph 1

Amendment 22 #

Draft opinion
Paragraph 1

1. States that the Charter of Fundamental Rights has to be applied with full respect for the European Convention on Human Rights (ECHR)~~, while also recognising the importance of the European Social Charter and the European Pillar of Social Rights~~ and calls upon the Commission to speed up the accession procedure of the EU to the ECHR and to ~~give greater priority to the examination of~~evaluate the possibility of the EU’s accession to the European Social Charter;

Amendment 23 #

Maria GRAPINI

Draft opinion
Paragraph 1

1. States that the Charter of Fundamental Rights has to be applied with full respect for the European Convention on Human Rights (ECHR), while also recognising the importance of the European Social Charter and the European Pillar of Social Rights and calls upon the Commission to speed up the accession procedure of the EU to the ECHR and to give greater priority to the examination of the possibility of the EU’s accession to the European Social Charter; to improve access for entrepreneurs and citizens to means of redress;

Amendment 24 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ

Draft opinion
Paragraph 1 a (new)

1a. Expresses its concern about the lack of systematic human rights impact assessments preceding the adoption by the Commission of its legislative proposals and calls on the Commission to provide for systematic forms of consultation of bodies and institutions with expertise on human rights in general and on the European Charter of Fundamental Rights in particular; refers in this respect to the Fundamental Rights Agency, but also to the relevant bodies of the Council of Europe and of the United Nations:

Amendment 25 #

Draft opinion
Paragraph 1 a (new)

1a. Urges the Commission to clarify the scope of Article 51 since different interpretations and case-law add to the confusion and make the application of the Charter unclear and unsatisfactory; Takes the view that it is of interest to every EU citizen to reinforce the application of the Charter by broadening its scope

Amendment 26 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Paragraph 1 a (new)

1a. Deplores the fact that the Charter of Fundamental Rights only applies in Member States when implementing EU law; reiterates that many citizens have found its implementation to be unclear and unsatisfactory;

Amendment 27 #

Draft opinion
Paragraph 1 b (new)

1b. Calls on the Commission, along with the necessary clarification of Article 51, to provide EU Member States with guidance as to how fundamental rights should be taken into account when they implement Union law.

Amendment 28 #

Draft opinion
Paragraph 1 b (new)

1b. Calls on the Commission to introduce a fundamental rights impact assessment in all relevant new legislative proposals for the purposes of mainstreaming fundamental rights in all relevant policy areas;

Amendment 29 #

Draft opinion
Paragraph 1 c (new)

1c. Calls on the Commission, the other EU institutions and Member States’ national and regional governments to regularly consult the Fundamental Rights Agency when fundamental rights are at stake; calls, furthermore, for the introduction within the framework of the European Semester of a compulsory assessment and review of Member States’ adherence to the provisions of the Charter;

Amendment 3 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Citation 3 a (new)

– having regard to its resolution of 25 October 2016 on “EU mechanism on democracy, the rule of law and fundamental rights” (In’t Veld report), particularly its paragraph 20;

Amendment 30 #

Draft opinion
Paragraph 1 c (new)

1c. Calls on the Commission to take action when a lack of harmonisation among EU Member States endanger or weaken the fulfilment of the rights, freedoms and principles laid down in the Charter.

Amendment 31 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ

Draft opinion
Paragraph 1 d (new)

1d. Calls on the EU institutions to hold independent and comprehensive compatibility checks and impacts assessments of fundamental rights for each legislative proposal in the Union

Amendment 32 #

Draft opinion
Paragraph 1 d (new)

1d. Invites the different EU institutions to consider an enhancement of the scope of application of the Charter, including the deletion of its Article 51, in the next revision of the Treaty.

Amendment 33 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Paragraph 2

2. Recalls that the Court of Justice ruled4 that the Commission must fully respect the Charter also in the tasks allocated to it under the ESM Treaty, in particular when it comes to signing memoranda of understanding, and that the same applies to the country-specific recommendations in the context of the European semester; calls on the Commission to better integrate fundamental rights impact assessments into EU socio-economic governance; __________________ 4 Judgement of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701.deleted

Amendment 34 #

Draft opinion
Paragraph 2

2. Recalls that the Court of Justice ruled4 that the Commission must fully respect the Charter also in the tasks allocated to it under the ESM Treaty, in particular when it comes to signing memoranda of understanding, and that the same applies to the country-specific recommendations in the context of the European semester; calls on the Commission to ~~better~~systematically integrate fundamental rights impact assessments into EU socio-economic governance; with particular attention to the compatibility with the social provisions of the Charter __________________ 4 Judgement of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701.

Amendment 35 #

Maria GRAPINI

Draft opinion
Paragraph 2

2. Recalls that the Court of Justice 4 ruled that the Commission must fully respect the Charter also in the tasks allocated to it under the ESM Treaty, in particular when it comes to signing memoranda of understanding, and that the same applies to the country-specific recommendations in the context of the European semester; calls on the Commission to better integrate fundamental rights impact assessments into EU socio-economic governance; and into the improvement of living standards throughout the EU. __________________ 4 Judgement of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701.

Amendment 36 #

Draft opinion
Paragraph 2

2. Recalls that the Court of Justice ruled4 that the Commission must fully respect the Charter also in the tasks allocated to it under the ESM Treaty, in particular when it comes to signing memoranda of understanding, and that the same applies to the country-specific recommendations in the context of the European semester; ~~calls on~~urges the Commission to better integrate fundamental and social rights impact assessments into EU socio- economic governance; __________________ 4 Judgement of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701.

Amendment 37 #

Draft opinion
Paragraph 2 a (new)

2a. Points out that the loopholes in transposition and proper implementation of EU law in Member States can have actual impacts in the enjoyment of EU Fundamental Rights; recalls in this sense the role of the Commission as guardian of the treaties, thus as ultimate -if not primary-responsible of safeguarding Fundamental Rights, when needed through infringement procedures; calls in this regard for a more determined leadership in ensuring an adequate implementation of EU legislation, notably concerning the right to environmental protection conferred in article 37 of the Charter, by means of more diligent, determined and thorough infringement procedures; recalls the importance of a prompt deployment and adequate implementation of the Access to Justice Pillar of the Aarhus Convention;

Amendment 38 #

Draft opinion
Paragraph 2 a (new)

2a. Stresses that Article 51, paragraph 1 of the Charter calls for the promotion of the rights and principles of the Charter and regrets that so far the EU does not have at its disposal a mechanism that would allow to systematically screen developments within the EU institutions and bodies as well as within Member States that would call for action to protect and fulfil the rights, freedoms and principles of the Charter; calls on the Commission to submit its ideas in this respect to Parliament and Council through a specific Communication;

Amendment 39 #

Draft opinion
Paragraph 3

3. Emphasises that the Charter’s application also extends to the EU agencies~~; e~~. States that, whenever regulations or decisions setting up Agencies are drafted or revised, a reference should be included to the need for Agencies to respect, within their respective mandates, the Charter as well as international human rights law. Calls upon all Agencies to adopt a fundamental rights strategy, including a code of conduct for their staff and a mechanism for dealing with the detection and reporting of any violation of fundamental rights. Encourages in particular Frontex and the European Asylum Support Office (EASO) to work on a culture of fundamental rights, not only for application in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agencies;

Amendment 4 #

Draft opinion
Citation 4 a (new)

– having regard to its resolution of 16 February 2017 on “Possible evolutions and adjustments to the current institutional set-up of the European Union” (Verhofstadt report), particularly its paragraph 45;

Amendment 40 #

Draft opinion
Paragraph 3

3. Emphasises that the Charter’s application also extends to the EU agencies; encourages in particular Frontex and the European Asylum Support Office (EASO) to work on a culture of fundamental rights, not only for application in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agencies;

Amendment 41 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Paragraph 3

3. ~~Emphasise~~Reminds that the Charter’s application also extends to the EU agencies; encourages in particular Frontex and the European Asylum Support Office (EASO) to work on a culture of fundamental rights, not only for application in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agen in their general policies;

Amendment 42 #

Draft opinion
Paragraph 3

3. Emphasises that the Charter’s application also extends to the EU agencies which must adopt a fundamental rights strategy ; Calls on every EU agency to set up independent mechanisms to detect and report violations of fundamental rights; encourages in particular Frontex and the European Asylum Support Office (EASO) to work on a culture of fundamental rights, not only for application in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agencies;

Amendment 43 #

Draft opinion
Paragraph 3

3. Emphasises that the Charter’s application also extends to the EU agencies; encourages in particular Frontex and the European Asylum Support Office (EASO) to ~~work on a culture of fundamental rights, not only for application~~comply with the Charter in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agencies;

Amendment 44 #

Draft opinion
Paragraph 3 a (new)

3a. Urges to conclude the adoption of the horizontal EU Anti-discrimination Directive1a, in order to further guarantee further fundamental rights concretely within the Union by means of adoption of concrete EU legislation, and therefore avoiding the current interference of Article 51; _________________ 1a 2008/0140(CNS) Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation

Amendment 45 #

Draft opinion
Paragraph 3 a (new)

3a. Remembers the importance of the principle of subsidiarity, while at the same time encourages Member States to apply the Charter in its fullest potential in accordance with the ECHR and encourages the exchange of best practices between Member States, with the Union and its agencies. Recalls and encourages the value and positive interpretation and implementation of the Charter by national judges.

Amendment 46 #

Draft opinion
Paragraph 3 b (new)

3b. Underlines that the Charter is probably the main tool to defend and promote the Union values into reality, namely by implementing it within the different concrete policies and political action; stresses that it is essential that the EU upholds these values both in its external policy and internally by enhancing the coverage of the Charter to its citizens and residents, as well as in hosting refugees and the reception of migrants;

Amendment 47 #

Draft opinion
Paragraph 3 c (new)

3c. Points out to the link between the Union values and the Charter, as well as with the Copenhagen Criteria for accession of third countries to the Union, in terms of guaranteeing Fundamental Rights; suggests that these conditions within the Copenhagen Criteria are not simply used once as accession preconditions, but that also Member States are periodically assessed against those in order to ensure the maintenance of the democratic quality of the Union over time;

Amendment 48 #

Draft opinion
Paragraph 3 d (new)

3d. Stresses that all Union institutions and each of its agencies and bodies, including Frontex, as well as the Member States are fully bound by the provisions of the Charter of Fundamental Rights;

Amendment 49 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Paragraph 3 e (new)

3e. Recalls that both the Treaties and the EU Charter of Fundamental Rights make reference to the protection of national minorities and discrimination practised on the grounds of language; calls for concrete administrative steps within the EU institutions to encourage national governments to find durable solutions and to promote the culture of linguistic diversity in their Member State, beyond the official EU languages;

Amendment 5 #

Draft opinion
Recital B

B. whereas in accordance with Article 51 of the Charter, its provisions are addressed, inter alia, to the institutions, bodies, offices and agencies of the Union; whereas Article 51 (1) states that the provisions of the Charter are addressed to the Member States “only when they are implementing Union law”.

Amendment 50 #

Draft opinion
Paragraph 3 f (new)

3f. Encourages the creation and promotion of national human rights institutions, which contribute to ensuring that fundamental rights are observed both in policy and law-making processes, and their implementation, as well as assisting to individuals in concrete cases;

Amendment 51 #

Draft opinion
Paragraph 4

4. States that there are still gaps in access to remedy for victims in third countries of business-related fundamental rights abuses and calls for mechanisms that allow victims to address such abuses when the company concerned is established within the EU to be built into the EU’s external agreements, in particular its trade and investment agreements;deleted

Amendment 52 #

Maria GRAPINI

Draft opinion
Paragraph 4

4. States that there are still gaps in access to remedy for victims in third countries of business-related fundamental rights abuses and calls for accessible, cheap and bureaucratically- straightforward mechanisms that allow victims to address such abuses when the company concerned is established within the EU to be built into the EU’s external agreements, in particular its trade and investment agreements;

Amendment 53 #

Draft opinion
Paragraph 4

4. States that there are still gaps in access to remedy for victims in third countries of business-related fundamental and social rights abuses and calls for mechanisms that allow victims to address such abuses when the company concerned is established within the EU to be built into the EU’s external agreements, in particular its trade and investment agreements;

Amendment 54 #

Draft opinion
Paragraph 4 a (new)

4a. Emphasises that the rights of the EU citizen have been empowered through the Treaty of Lisbon’s Citizens’ initiative, implemented in 2012, that gives EU citizens’ the right to petition new EU legislation to the Commission citing four successful initiatives, three of which have incited the creation of new legislation.

Amendment 55 #

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Commission to systematically carry out human rights impact assessments before concluding external agreements, in particular, trade agreements.

Amendment 56 #

Draft opinion
Paragraph 4 a (new)

4a. Proposes the development of a Fundamental Rights Scoreboard in order to monitor the respect of fundamental rights in the Member States;

Amendment 57 #

Draft opinion
Paragraph 4 b (new)

4b. Points out to the relation between the conditions of access to justice throughout the EU and the actual protection of fundamental rights; considers that given the role of national courts as the primary instance of interpretation of EU law, the existing discrepancies between the quality of justice systems in different Member States, such as the length of the proceedings or their costs, create effective inequality between EU citizens; considers of paramount importance in this sense the monitoring role of the Commission and a bigger involvement of the CJEU, for instance through the currently underused preliminary rulings in order to ensure compliance with fundamental rights; stresses the need to incorporate this logic further in national courts proceedings, legislative procedures and juridical analysis, and proposes seeking preliminary advice from the Fundamental Rights Agencies or any other concerned EU body;

Amendment 58 #

Draft opinion
Paragraph 5

5. Supports the proposal for Charter- conditionality of EU funds under the multiannual financial framework 2021- 2027, which should be achieved inter alia by introducing strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing the large EU funds.deleted

Amendment 59 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ

Draft opinion
Paragraph 5

5. ~~Suppor~~Rejects the proposal for Charter- conditionality of EU funds under the multiannual financial framework 2021- 2027, ~~which should be achieved inter alia by introducing strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing the large EU funds~~since it patently does not respect rule of law itself, in particular the principles of legality1a, legal certainty1b, prohibition of arbitrariness of the executive powers1c, separation of powers1d, and effective judicial protection by independent courts1e. __________________ 1a Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 1b Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10. 1c Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19. 1d Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09, ECLI:EU:C:2010:811, paragraph 58. 1e Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C-64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41.

Amendment 6 #

Draft opinion
Recital B a (new)

Ba. whereas Article 51(1) states that the institutions and bodies of the Union shall “promote the application” of the Charter; stresses that the Charter is not merely a set of prohibitions but it also should be considered as a tool to take measures in order to ensure the effective fulfilling of its provisions.

Amendment 60 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Paragraph 5

5. S~~upports the proposal for Charter- conditionality of EU funds under the multiannual financial framework 2021- 2027, which should be achieved inter alia by~~tresses the importance of the new mechanism ensuring respect for the values enshrined in Article 2 of the Treaty on European Union (TEU); supports the introduc~~ing~~tion of strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing the large EU funds.

Amendment 61 #

Draft opinion
Paragraph 5

5. S~~upports the proposal for Charter- conditionality of EU fund~~tates that EU funds for third countries under the multiannual financial framework 2021- 2027~~, which~~ should be ~~achiev~~conditioned, inter alia by introducing strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing th~~e larg~~ose EU funds.

Amendment 62 #

Draft opinion
Paragraph 5

5. S~~upports the proposal for Charter- conditionality of EU fund~~tates that EU funds for third countries under the multiannual financial framework 2021- 2027, ~~which~~ should be ~~achiev~~conditioned, inter alia by introducing strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing th~~e larg~~ose EU funds.

Amendment 63 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Vilija BLINKEVIČIŪTĖ, Sylvia-Yvonne KAUFMANN

Draft opinion
Paragraph 5 a (new)

5a. Recalls the promise by the former Commission to create a new tool, besides the last recourse to the existing article 7 TEU, that goes beyond the mere current infringement procedures in terms of sanctions, when it concerns cases of apparent violation of Fundamental Rights of the Charter, particularly when Member States' governments are involved;

Amendment 64 #

Draft opinion
Paragraph 5 a (new)

5a. Condemns the unprecedented and isolated decision of Poland to oppose the Council conclusions on the application of the EU Charter on Fundamental Rights during the Justice Ministers’ meeting in Luxembourg on 11th October 2018.

Amendment 65 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Member States to fulfil their commitments enshrined in Article 24 of the Charter;

Amendment 66 #

Draft opinion
Paragraph 5 b (new)

5b. Calls for a review of the Commission's Strategy for the effective implementation of the EU’s Charter of Fundamental Rights1a elaborated in 2010, in order to update it with the new challenges and institutional reality, particularly after the Brexit; __________________ 1a Commission communication (COM(2010) 573 final) – Strategy for the effective implementation of the EU’s Charter of Fundamental Rights

Amendment 67 #

Draft opinion
Paragraph 5 c (new)

5c. Recalls the political agreement between the major EU institutions and the Member States for the EU to access the European Convention of Human Rights; considers that its completion would introduce further safeguards in protecting fundamental rights of Union citizens and residents; asks to take the necessary steps to eventually eliminate the legal barriers that prevent the conclusion of the accession;

Amendment 7 #

Draft opinion
Recital C

C. whereas Article 6(3) TEU ~~also~~ emphasises that fundamental rights, as guaranteed by the European Convention on Human Rights, shall constitute general principles of the Union’s law;

Amendment 8 #

Draft opinion
Recital D

~~D. whereas Article 151 of the Treaty on the Functioning of the European Union (TFEU) refers to fundamental social rights such as those set out in the European Social Charter;~~deleted

Amendment 9 #

Draft opinion
Recital D

~~D. whereas Article 151 of the Treaty on the Functioning of the European Union (TFEU) refers to fundamental social rights such as those set out in the European Social Charter;~~deleted

source: 630.532

2018/12/04 AFCO 100 amendments...

Amendment 1 #

Motion for a resolution
Citation 4

~~— having regard to the European Social Charter, the Additional Protocol thereto and the revised version thereof, and the jurisprudence of the European Committee of Social Rights,~~deleted

Amendment 10 #

Sylvia-Yvonne KAUFMANN, Christine REVAULT D'ALLONNES BONNEFOY, Jo LEINEN

Motion for a resolution
Citation 38

— having regard to the studies entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, and ‘The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’ ~~and ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’~~ published by its Directorate- General for Internal Policies on 22 November 2016, and 15 February 2016 ~~and 12 January 2016 respectively~~14, _________________ 14 Study entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C, 22 November 2016; study entitled ‘'The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’, Directorate-General for Internal Policies, Policy Department C, 15 February ~~2016 and study entitled ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’ of 12 January~~ 2016.

Amendment 100 #

Motion for a resolution
Paragraph 25 b (new)

25 b. Regrets that up to date, the Republic of Poland and the United Kingdom have not decided to withdraw from Protocol 7 of the Treaties, ensuring their opt-out from the Charter.

Amendment 11 #

Motion for a resolution
Citation 40 a (new)

- whereas this report does not assess each individual right contained in the Charter, but, rather, analyses implementation of the Charter as an instrument of primary law;

Amendment 12 #

Motion for a resolution
Recital B

B. whereas, according to the CJEU, the fundamental rights recognised by the Charter are at the heart of the EU legal structure, and their respect ~~for those rights is a condition of the lawfulness of~~is a necessary precondition for legality of any EU acts;

Amendment 13 #

Fabio Massimo CASTALDO

Motion for a resolution
Recital C a (new)

Ca. whereas since 2013 the International Monetary Fund has condemned the austerity policies on which European economic governance has been based over the past fifteen years, owing to their negative impact on troubled economies and populations; whereas the Council of Europe report1 a on Greece last November highlighted how those same policies have led to the violation of fundamental rights (enshrined also in the Charter) in Greece; _________________ 1a https://rm.coe.int/report-on-the-visit-to- greece-from-25-to-29-june-2018-by- dunja-mijatov/16808ea5bd

Amendment 14 #

Motion for a resolution
Recital C a (new)

Ca. whereas Article 51 of the Charter circumscribes the scope of the Charter with regard to observing the principle of subsidiarity, taking account of the powers of the Member States and of the Union, and respecting the limits of the powers conferred on the Union in the Treaties;

Amendment 15 #

Motion for a resolution
Recital C b (new)

Cb. whereas Article 51(2) of the Charter makes it clear that the Charter does not extend the scope of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties.

Amendment 16 #

Motion for a resolution
Recital E

E. whereas, by virtue of Article 51, the provisions of the Charter apply to the Member States only when they implement Union law; whereas, however, the uncertain boundaries of such a requirement make it hard to determine whether and how the Charter applies concretely~~, leading to a de facto shortfall in its implementation at national level~~;

Amendment 17 #

Motion for a resolution
Recital F

F. whereas the dichotomy between rights and principles enshrined in Articles 51 and 52 of the Charter is unclear and risks undermining the very essence of the Charter itself, and weakens, at the same time, the principle of the interdependence of human rights;deleted

Amendment 18 #

Motion for a resolution
Recital F

Amendment 19 #

Motion for a resolution
Recital G a (new)

G a. whereas the commitment in the European Pillar of Social Rights to delivering new and more effective rights for citizens in the areas of equal opportunities and access to the labour market, fair working conditions and social protection and inclusion further enhances the rights enshrined in the Charter;

Amendment 2 #

Motion for a resolution
Citation 8

~~— having regard to the UN Guiding principles on human rights impact assessments of trade and investment agreements and to the UN Guiding Principles on Business and Human Rights,~~deleted

Amendment 20 #

Motion for a resolution
Recital G b (new)

G b. whereas the principle of gender equality is a core value of the EU and is enshrined in the EU Treaties and the Charter of Fundamental Rights; whereas Article 8 TFEU establishes the principle of gender mainstreaming by stating that ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’;

Amendment 21 #

Motion for a resolution
Recital G c (new)

G c. whereas the European Institute for Gender Equality (EIGE) is tasked with developing, analysing, evaluating and disseminating methodological tools in order to support the integration of gender equality into all EU policies and the resulting national policies and to support gender mainstreaming in all EU institutions and bodies;

Amendment 22 #

Motion for a resolution
Recital H

H. whereas ~~the~~ transparency ~~of the EU legislative and decision-making processes is~~is both a corollary of the right to good administration, as set out in Article 41, and an essential precondition for citizens to be able to assess and properly monitor the implementation of the Charter by the EU institutions;

Amendment 23 #

Motion for a resolution
Recital I

I. whereas the promotion by the Union's institutions and bodies of the broad spectrum of rights provided for in the Charter – ranging from civil and political to social, economic and third- generation rights – would constitute a crucial impetus to develop a European public sphere and to give tangible expression to the concept of European citizenship and to the EU participatory dimension enshrined in the Treaties;

Amendment 24 #

Motion for a resolution
Recital I a (new)

I a. whereas the EU accession to the ECHR is an obligation deriving from article 6 TEU; whereas, following the opinion 2/13 of the European Court of Justice of 18 December 2014, the Commission should present a new draft agreement for the access of the Union to the ECHR by providing positive solutions to the objections raised by the ECJ;

Amendment 25 #

Motion for a resolution
Paragraph 1

1. Recognises the several important steps made by the EU institutions to integrate the Charter into the EU legislative and decision-making processes~~; regrets, however, their passive attitude toward the Charter focused principally on avoiding the violation of its provisions rather than o~~, and acknowledges the difficulties involved in actively promoting and ensuring the fulfilment of the rights and principles provided for therein;

Amendment 26 #

Motion for a resolution
Paragraph 1

1. Recognises the several important steps made by the EU institutions to integrate the Charter into the EU legislative and decision-making processes; ~~regrets, however, their passive attitude toward the Charter focused principally on avoiding the violation of~~notes that the principal role of the Charter its ~~provisions rather than on actively promoting and ensuring the fulfilment of~~ to ensure that the EU’s legislation is in full compliance withe rights and principles ~~provided for therein~~enshrined in it;

Amendment 27 #

Motion for a resolution
Paragraph 2

2. Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; stresses the need to provide for enhanced forms of consultation, ~~impact assessments~~ and legal scrutiny with the full involvement of independent fundamental rights experts; calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights;

Amendment 28 #

Motion for a resolution
Paragraph 2

2. Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; stresses the need to provide for enhanced forms of consultation, impact assessments and legal scrutiny ~~with the full involvement of independent fundamental rights experts~~; calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA and civil society organisations working in the field~~, whenever a legislative file potentially promotes or negatively affects fundamental rights~~;

Amendment 29 #

Motion for a resolution
Paragraph 2

2. Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; stresses the need to provide for enhanced forms of consultation, impact assessments, including specific gender impact assessments, and legal scrutiny with the full involvement of independent fundamental rights experts; calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA, the EIGE and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights;

Amendment 3 #

Motion for a resolution
Citation 13 a (new)

- having regard to its resolution of 4 October 2018 on the EU’s input to a UN Binding Instrument on transnational corporations and other business enterprises with respect to human rights,

Amendment 30 #

Motion for a resolution
Paragraph 2

2. Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; stresses the ~~need to provide for~~possibility of enhanced forms of consultation, ~~impact assessments and legal scrutiny~~ with the ~~full~~ involvement of independent experts in the field of fundamental rights ~~experts~~; calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights;

Amendment 31 #

Motion for a resolution
Paragraph 2 a (new)

2 a. Calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights;

Amendment 32 #

Motion for a resolution
Paragraph 3

3. Calls for the Commission, the Council and Parliament to revise Council Regulation 168/2007 in order to allow the FRA to deliver non-binding opinions on draft EU legislation on its own initiative~~, and to promote systematic consultations with the Agency through a revision of the Interinstitutional Agreement on Better Law-Making~~;

Amendment 33 #

Motion for a resolution
Paragraph 3

3. Calls for the Commission, the Council and Parliament to re~~vise~~flect on a possibility of revising Council Regulation 168/2007 in order to allow the FRA to deliver non-binding opinions on draft EU legislation on its own initiative, and to promote systematic consultations with the Agency ~~through a revision of the Interinstitutional Agreement on Better Law-Making~~;

Amendment 34 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Stresses the need for a close cooperation with the EIGE in its role of disseminating accurate methodological tools and with a view to the more effective implementation of gender mainstreaming in the legislative and decision-making processes of the European Union;

Amendment 35 #

Motion for a resolution
Paragraph 4

4. Reiterates its call on the Commission to revise its decision to divide its considerations on fundamental rights into the current three categories in its impact assessment – economic, social and environmental effects – and to create a specific category entitled ‘Effects on fundamental rights’, to ensure that all aspects of fundamental rights are considered;deleted

Amendment 36 #

Motion for a resolution
Paragraph 4

Amendment 37 #

Motion for a resolution
Paragraph 4

4. Reiterates its call on the Commission to revise its decision to divide its considerations on fundamental rights into the current three categories in its impact assessment – economic, social and environmental effects – and to create atwo specific categoryies entitled ‘Effects on fundamental rights’ and 'Gender impact assessment', to ensure that all aspects of fundamental rights are considered;

Amendment 38 #

Motion for a resolution
Paragraph 4 a (new)

4 a. Calls on the Commission to ensure a comprehensive impact assessment; believes that there must be a balanced evaluation of economic, social and environmental consequences in particular, and that impact on the fundamental rights of citizens and equality between women and men must be assessed;

Amendment 39 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to ~~set up a mechanism to identify the need to~~ take action at Union level in order to uphold and fulfil the provisions of the Charter, and, at the same time, to systematically ensure that Union law is adapted to take account of the legal and jurisprudential developments of international human rights law; reiterates its call on the Commission to submit a proposal giving effect to Parliament’s resolution of 25 October 2016 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights15 ; _________________ 15OJ C 215, 19.6.2018, p. 162.

Amendment 4 #

Motion for a resolution
Citation 28 a (new)

- having regard to the Judgment of the CJEU of 6 November 2018, in Joined Cases C-569/16 and C-570/16, Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn,

Amendment 40 #

Sylvia-Yvonne KAUFMANN, Christine REVAULT D'ALLONNES BONNEFOY, Jo LEINEN

Motion for a resolution
Paragraph 5

5. Calls on the Commission to ~~set up a mechanism to identify the need to~~ take action at Union level in order to uphold and fulfil the provisions of the Charter, and~~, at the same time, to systematically~~ to ensure that Union law ~~is adapted to~~ takes account of the legal and jurisprudential developments of international human rights law; reiterates its call on the Commission to submit a proposal giving effect to Parliament’s resolution of 25 October 2016 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights15 ; _________________ 15 OJ C 215, 19.6.2018, p. 162. OJ C 215, 19.6.2018, p. 162.

Amendment 41 #

Motion for a resolution
Paragraph 5 a (new)

5 a. Reiterates its call on the Commission to submit a proposal giving effect to Parliament’s resolution of 25 October 2016 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights;

Amendment 42 #

Motion for a resolution
Paragraph 6

6. Calls for the Commission, the Council and Parliament to establish procedures allowing for a systematic ex post review of the consistency of EU legislation with the provisions of the Charter such as, for instance, the regular inclusion, in legislative texts, of a human rights/Charter-based reporting and review clause;deleted

Amendment 43 #

Motion for a resolution
Paragraph 7

7. Calls for ~~the EU legislators to endorse the outcomes~~respect of its right to democratic scrutiny based ofn the ~~judgment~~Treaties; insists ofn the ~~General Court of 22 March 2018 (case T-540/15) on~~necessity of enhancing transparency and access to ~~the~~ documents ~~of the trilogues16 , and to guarantee the overall transparency of these negotiation~~between EU institutions, in order to develop more effective interinstitutional cooperation, including accountability on matters related to fundamental rights; urges the Council to swiftly address the concerns raised with regard to the transparency of its decision-making process and access to documents in line with the relevant recommendations of the European Ombudsman; ~~_________________ 16 Judgment of the General Court of 22 March 2018, Emilio de Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167.~~

Amendment 44 #

Motion for a resolution
Paragraph 7

7. Calls for the EU legislators to ~~endorse~~acknowledge and act on the outcomes of the judgment of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues16~~, and to guarantee the overall transparency of these negotiations~~ ; urges the Council to swiftly address the concerns raised with regard to the transparency of its decision-making process and access to documents in line with the relevant recommendations of the European Ombudsman; _________________ 16 Judgment of the General Court of 22 March 2018, Emilio de Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167.

Amendment 45 #

Motion for a resolution
Paragraph 8

8. Recalls that EU policy-making must rely upon the principles and objectives set out in Articles 2, 3, 4, 5 and 6 TEU, while fully endorsing and implementing the requirements enshrined in the provisions having general application of Title II, Part I, of the TFEU;

Amendment 46 #

Motion for a resolution
Paragraph 8

8. Recalls that EU policy-making ~~must rely~~relies upon the principles and objectives set out in Articles 2, 3 and 6 TEU, while fully endorsing and implementing the requirements enshrined in the provisions having general application of Title II, Part I, of the TFEU;

Amendment 47 #

Motion for a resolution
Paragraph 8 a (new)

8 a. Recalls the obligation laid down in the Treaties to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); considers that its completion would introduce further safeguards in protecting fundamental rights of Union citizens and residents; asks to take the necessary steps to eventually eliminate the legal barriers that prevent the conclusion of the accession;

Amendment 48 #

Motion for a resolution
Paragraph 8 b (new)

8 b. Regrets that gender mainstreaming is not consistently implemented in all EU activities which prevents the effective implementation of measures to combat gender discrimination and promote gender equality;

Amendment 49 #

Motion for a resolution
Paragraph 8 c (new)

8 c. Stresses the need for an institutional cultural shift through a systematic and planned process for organisational learning within the institutions in order to achieve gender equality both internally and especially in regard to working results and outcomes;

Amendment 5 #

Motion for a resolution
Citation 28 b (new)

- having regard to the Opinion 2/13 of the CJEU of 18 December 2014 on the Accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms,

Amendment 50 #

Motion for a resolution
Paragraph 8 d (new)

8 d. Recalls that both the Treaties and the EU Charter of Fundamental Rights make reference to the protection of national minorities and discrimination practised on the grounds of language; calls for concrete administrative steps within the EU institutions to encourage national governments to find durable solutions and to promote the culture of linguistic diversity in their Member State, beyond the official EU languages;

Amendment 51 #

Motion for a resolution
Paragraph 9

9. Deems it crucial that the Union takes resolute steps to strengthen its own engagements in guaranteeing the enjoyment of the social rights of the Charter; Regrets the almost complete absence of references to fundamental rights within the legal framework regulating EU economic and monetary policy; recalls, in this regard, that recourse to intergovernmental arrangements does not relieve the EU institutions – a process in which they are nevertheless involved – of their obligations to assess the compatibility of such instruments with EU law, including the Charter;

Amendment 52 #

Motion for a resolution
Paragraph 9

9. ~~Regrets the almost complete absence of references to fundamental rights within the legal framework regulating EU economic and monetary policy; recalls, in this regard,~~Stresses that recourse to intergovernmental arrangements does not relieve the EU institutions – a process in which they are nevertheless involved – of their obligations to assess the compatibility of such instruments with EU law, including the Charter;

Amendment 53 #

Motion for a resolution
Paragraph 9

9. ~~Regrets the almost complete abse~~Stresses the importance of references to fundamental rights within the legal framework regulating EU economic and monetary policy; recalls, in this regard, that recourse to intergovernmental arrangements does not relieve the EU ~~institutions – a process in which they are nevertheless involved –~~ of their obligations to assess the compatibility of such instruments with EU law, including the Charter;

Amendment 54 #

Motion for a resolution
Paragraph 9

9. Regrets the almost complete absence of references to fundamental rights within the legal framework regulating EU economic and monetary policy; recalls, in this regard, that recourse to intergovernmental arrangements does not relieve the EU institutions ~~– a process in which they are nevertheless involved –~~ of their obligations to assess the compatibility of such instruments with EU law, including the Charter;

Amendment 55 #

Motion for a resolution
Paragraph 9 a (new)

9 a. Calls on the Commission to ensure that the European Semester process, including the country-specific recommendations and the annual growth survey recommendations, comply with the normative components of the social rights of the Charter;

Amendment 56 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission and the Council to make macroeconomic decisions conditional on robust human rights assessments, based on the full range of civil, political and social rights guaranteed by the European and international human rights law instruments; calls, once again, on the Commission to take the steps required for EU accession to the European Social Charterto look into what steps are needed for accession by the European Union to the revised European Social Charter and to propose a time frame for achieving that objective;

Amendment 57 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission and the Council to make macroeconomic decisions conditional on ~~robust human~~fundamental rights assessments, based on the full range of civil, political and social rights guaranteed by the European and international human rights law instruments; ~~calls, once again, on the Commission to take the steps required for EU accession to the European Social Charter;~~

Amendment 58 #

Sylvia-Yvonne KAUFMANN, Christine REVAULT D'ALLONNES BONNEFOY, Jo LEINEN

Motion for a resolution
Paragraph 10

10. Calls on the Commission and the Council to make macroeconomic decisions ~~conditional on~~with regard to robust human rights assessments, based on the full range of civil, political and social rights guaranteed by the European and international human rights law instruments; calls, once again, on the Commission to take the steps required for EU accession to the European Social Charter;

Amendment 59 #

Motion for a resolution
Paragraph 10 a (new)

10 a. Calls, once again, on the Commission to take the steps required for EU accession to the European Social Charter;

Amendment 6 #

Motion for a resolution
Citation 28 c (new)

- having regard to the opinion 2/15 of the CJEU of 16 May 2017 on the Free Trade Agreement between the EU and Singapore,

Amendment 60 #

Motion for a resolution
Paragraph 11

11. ~~Reiter~~Invites, in a wider context of possible Treaties ~~its call~~revision, to reflect upon the possibility for a social protocol to be incorporated into the ~~Treaties~~m, in order to strengthen fundamental social rights in relation to economic freedoms, and to impart effectiveness and tangible expression to the social provisions enshrined in the Charter;

Amendment 61 #

Motion for a resolution
Paragraph 11

11. ~~Reiterates its call for a social protocol to be incorporated~~Stresses that, on the basis of the powers laid down into the Treaties ~~in order to strengthen fundamental social rights in relation to economic freedoms, and~~, it is primarily the responsibility of the Member States to impart effectiveness and tangible expression to the social provisions enshrined in the Charter;

Amendment 62 #

Motion for a resolution
Paragraph 12

12. Expresses its deep concern for the de facto crucial, but ill-defined, role of the Eurogroup in the economic governance of the euro area, and for the impact that its decisions might have in influencing policy-making, without being counterbalanced by appropriate mechanisms of democratic accountability and judicial control; reminds the members of the Council of their horizontal obligations deriving from Articles 2 and 6 TEU and from the Charter;deleted

Amendment 63 #

Fabio Massimo CASTALDO

Motion for a resolution
Paragraph 12

12. Expresses its deep concern for the de facto crucial, but ~~ill-defin~~not formally recognised, role of the Eurogroup in the economic governance of the euro area, and for the i~~mpact~~nfluence that its decisions ~~might have in influencing policy-making, without being~~, which are not counterbalanced by appropriate mechanisms of democratic accountability and judicial control, have on Union policy- making, as well as on the economic policies of Member States in the euro area; reminds the members of the Council of their horizontal obligations deriving from Articles 2 and 6 TEU and from the Charter;

Amendment 64 #

Motion for a resolution
Paragraph 12

12. ~~Expresses its deep concern for the de facto crucial, but ill-defined,~~Notes the crucial role of the Eurogroup in the economic governance of the euro area, and ~~for~~ the impact that its decisions might have in influencing policy- making, without being counterbalanced by appropriate mechanisms of democratic accountability and judicial control; reminds ~~the~~its members of ~~the Council of~~ their horizontal obligations deriving from Articles 2 and 6 TEU and from the Charter;

Amendment 65 #

Motion for a resolution
Paragraph 12

12. Expresses its deep concern for the de facto crucial, but i~~ll-defined,~~nformal role of the Eurogroup in the economic governance of the euro area, and for the impact that its decisions might have in influencing policy- making, without being counterbalanced by appropriate mechanisms of democratic accountability and judicial control; reminds the members of the Council of their horizontal obligations deriving from Articles 2 and 6 TEU and from the Charter;

Amendment 66 #

Motion for a resolution
Paragraph 12 a (new)

12 a. Stresses that the notion of "exceptional circumstances", which is included in the TSCG allowing for a deviation from the medium-term objective or the adjustment path announced, should not be interpreted in a way where Members States are allowed not to comply with their obligations under the social provisions of the Charter;

Amendment 67 #

Fabio Massimo CASTALDO

Motion for a resolution
Paragraph 12 a (new)

12a. Condemns the violations of fundamental rights, and thus of the Charter, in Greece, as a result of the guidance given to it under the European economic governance system, based on the austerity paradigm;

Amendment 68 #

Motion for a resolution
Paragraph 13

13. Recalls that the Union’s action on the international scene must be guided by the principles enshrined in Article 21(1) TEU; is convinced that full respect for and promotion of the Charter’s provisions inside the EU~~nion’s internal sphere~~ represents a benchmark for assessing the legitimacy and credibility of the Union’s behaviour in its international relations, including within the framework of the enlargement process pursuant to Article 49 TEU;

Amendment 69 #

Motion for a resolution
Paragraph 14

14. ~~Deplor~~Notes the limited jurisdiction of the CJEU in the field of Common Foreign and Security Policy (CFSP), and warns against any potential limitation of the rights to an effective remedy as enshrined in the Charter ~~and in the ECHR~~;

Amendment 7 #

Motion for a resolution
Citation 34

— having regard to the Decisions of the European Ombudsman of 26 February 2016 in case 1409/2014/MHZ on the European Commission’s failure to carry out a prior human rights impact assessment of the EU-Vietnam free trade agreement, of 18 January 2017 in the joint inquiry into complaints 506-509- 674-784-927-1381/2016/MHZ against the European Commission concerning a human rights impact assessment in the context of the EU-Turkey Agreement, and of 15 May 2018 in strategic inquiry OI/2/2017/TE on the transparency of the Council legislative process,deleted

Amendment 70 #

Motion for a resolution
Paragraph 15

15. Points out that comprehensive trade agreements with third countries might have far-reaching consequences for a wide range of human rights; asks the Commission to go beyond the usual ‘integrated approach’ followed in its impact assessments, and to carry out specific human rights impact assessments prior to the conclusion of any trade negotiations, by taking full advantage of the UN Guiding Principles on human rights impact assessments of trade and investment agreements;deleted

Amendment 71 #

Motion for a resolution
Paragraph 15

15. Points out that comprehensive trade agreements, free trade agreements and investment protection agreements with third countries might have far-reaching consequences for a wide range of human rights; asks the Commission to go beyond the usual ‘integrated approach’ followed in its impact assessments, and to carry out specific human rights impact assessments prior to the conclusion of any trade negotiations, by taking full advantage of the UN Guiding Principles on human rights impact assessments of trade and investment agreements; asks the Commission to enrich its trade and investment agreements by requiring the parties as well as companies and investors to respect international human rights standards and obligations, in addition to those arising from domestic laws; asks the Commission to provide for an independent monitoring and complaint mechanism that can be seized by affected populations and that has the authority to make rulings with regard to the negative impact that trade and investments agreements may have on human rights; calls furthermore on the Commission to regularly include, in international agreements, human rights- based reporting and review clauses;

Amendment 72 #

Motion for a resolution
Paragraph 15

15. Points out that comprehensive trade agreements with third countries might have far-reaching consequences for a wide range of human rights; asks the Commission to ~~go beyond the usual ‘integrated approach’ followed in its impact assessments, and to~~ carry out specific human rights impact assessments prior to the conclusion of any trade negotiations, by taking ~~full advantage of~~into consideration the UN Guiding Principles on human rights impact assessments of trade and investment agreements;

Amendment 73 #

Sylvia-Yvonne KAUFMANN, Christine REVAULT D'ALLONNES BONNEFOY, Jo LEINEN

Motion for a resolution
Paragraph 15 a (new)

15 a. Recalls that the conclusion by the EU, or by its Member States with the formal endorsement of the EU institutions, of agreements of political nature with third countries - such as the so-called ‘EU-Turkey Statement’ of 18 March 2016, the ‘EU-Afghanistan Joint Way Forward’ of 2 October 2016 or ‘The Italy-Libya Memorandum of Understanding’ of 2 February 2017 - must be guided by those same principles and standards which are intended to inform all of the decisions of the EU institutions and that such political nature does not absolve them of the responsibility to ensure that all their actions are in compliance with the EU’s fundamental rights commitments; calls, therefore, on the Commission and the Member States to fully comply with their obligations deriving from the Charter and from the international human rights law when implementing those instruments and to carry out ex-ante and ex-post regular assessments of their impact on human rights and fundamental freedoms; at the same time, calls on the European Council, the Commission and the Member States to refrain from further adopting or endorsing agreements of such kind as a way to circumvent their Charter’s obligations and the checks and balances built into the EU legal framework;

Amendment 74 #

Motion for a resolution
Paragraph 15 a (new)

15 a. Calls for a speedy accession of the EU to the European Convention of Human Rights; reaffirms that EU accession to the ECHR will constitute the minimum level of protection for human rights and fundamental freedoms in Europe and provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to a violation of human rights derived from an act by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; and that ECtHR case law will thus provide extra input for current and future EU action on the respect for, and promotion of, fundamental freedoms in the areas of civil liberties, justice and home affairs, in addition to the case law of the Court of Justice in this field;

Amendment 75 #

Motion for a resolution
Paragraph 15 b (new)

15 b. Underlines the close relationship between the provisions of the Charter, those of the EU Treaties and the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, as laid down in article 18 of the Charter itself; stresses that the setting-up and development of the EU migration policy, pursuant to articles 67 and 80 TFEU, shall be rooted on that strict correlation, while upholding the principle of solidarity and fair sharing of responsibility among Member States; calls, furthermore, on the Council, Commission and the Member States to refrain from concluding migration-related agreements with third countries, while suspending the ones already in place, which do not guarantee the full respect, protection and promotion of the provisions enshrined in the relevant European and international human rights law instruments;

Amendment 76 #

Motion for a resolution
Paragraph 16

16. Highlights the potential of certain EU agencies to offer support to Member States in fulfilling their obligations deriving from the Charter, by frequently acting as an operational link between the EU and national spheres; points out that this task can only be effectively performed by developing a fully-fledged ~~human~~fundamental rights pra~~xis~~ctice within the agencies ~~themselves, taking into account both the internal and external dimension~~operating in the sphere of justice and home affairs ofr th~~e protection and promotion of fundamental rights~~ose specifically tasked with promoting and protecting rights and principles derived from the Charter;

Amendment 77 #

Motion for a resolution
Paragraph 17

17. Takes note of the different~~iated range of~~ policies and instruments developed by the various agencies to give effect to their ~~human~~fundamental rights’ obligations, resulting in varying degrees of implementation; stresses the need to promote EU intra- agency cooperation as well as structured dialogues ~~with relevant national stakeholders and independent human rights experts~~, and to build on existing best practices, in order to advance a common and strengthened ~~human~~fundamental rights framework;

Amendment 78 #

Motion for a resolution
Paragraph 17

17. Takes note of the differentiated range of policies and instruments developed by the various agencies to give effect to their human rights’ obligations, resulting in varying degrees of implementation; stresses th~~e need~~at it makes sense to promote EU intra-agency cooperation, as well as structured dialogues with relevant national stakeholders and independent human rights experts, and t~~o build on~~hat existing best practices, must be built on in order to advance a common and strengthened human rights framework;

Amendment 79 #

Motion for a resolution
Paragraph 18

~~18. Calls on the EU agencies to adopt internal human rights strategies and to promote regular fundamental rights/Charter training sessions for their staff at all levels;~~deleted

Amendment 8 #

Motion for a resolution
Citation 35

~~— having regard to the Opinion of the Secretary General of the Council of Europe of 2 December 2016 on the European Union initiative to establish a European Pillar of Social Rights,~~deleted

Amendment 80 #

Motion for a resolution
Paragraph 18

18. Calls on the EU agencies ~~to adopt internal human~~operating in the sphere of justice and home affairs or those specifically tasked with promoting and protecting rights and principles derived from the Charter to adopt internal fundamental rights strategies and to promote regular fundamental rights/ and Charter training sessions for their staff ~~at all levels~~;

Amendment 81 #

Motion for a resolution
Paragraph 19

19. Regrets the absence, in many EU agencies’ founding regulations, of an explicit reference to the Charter; calls on the co-legislators to ~~urgently fill this gap, and to~~ provide, taking account of the mandate and the specificities of each individual agency, for additional operational mechanisms ~~such as, for instance, the establishment of internal fundamental rights officers~~;

Amendment 82 #

Motion for a resolution
Paragraph 19

19. Regrets the absence, in many EU agencies’ founding regulations, of an explicit reference to the Charter; calls on the co-legislators to urgently fill this gap, and to provide, taking account of the mandate and the specificities of each individual agency, for additional operational mechanisms such as, for instance, the establishment of internal fundamental rights officers and of independent complaint mechanisms;

Amendment 83 #

Motion for a resolution
Paragraph 19

19. Regrets the absence, in many EU agencies’ founding regulations, of an explicit reference to the Charter; calls on the co-legislators to ~~urgently fill this gap~~, where necessary, fill this gap in possible future revisions, and to provide, taking account of the mandate and the specificities of each individual agency, for additional operational mechanisms such as, for instance, the establishment of internal fundamental rights officers;

Amendment 84 #

Motion for a resolution
Paragraph 19

19. Regrets the absence, in many EU agencies’ founding regulations, of an explicit reference to the Charter; calls on the co-legislators to ~~urgently~~ fill this gap, and to provide, taking account of the mandate and the specificities of each individual agency, for additional operational mechanisms such as, for instance, the establishment of internal fundamental rights officers;

Amendment 85 #

Motion for a resolution
Paragraph 20 a (new)

20 a. Points out that the loopholes in transposition and proper implementation of EU law in Member States can have actual impacts in the enjoyment of EU Fundamental Rights; recalls in this sense the role of the Commission as guardian of the Treaties, thus as ultimate -if not primary-responsible of safeguarding Fundamental Rights, when needed through infringement procedures; calls in this regard for a more determined leadership in ensuring an adequate implementation of EU legislation;

Amendment 86 #

Motion for a resolution
Paragraph 20 b (new)

20 b. Points out to the link between the Charter and the Copenhagen Criteria for accession of third countries to the Union, in terms of guaranteeing Fundamental Rights; suggests that these conditions within the Copenhagen Criteria are not simply used once as accession preconditions, but that also Member States are periodically assessed against those in order to ensure the maintenance of the democratic quality of the Union over time;

Amendment 87 #

Motion for a resolution
Paragraph 21

21. Highlights the persistent awareness- gap concerning the Charter, its scope and degree of application among both ~~rights- holders~~those who benefit from its protection and legal and human rights experts, and deplores the scarcity of national action devoted to remedying such a deficiency;

Amendment 88 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to strengthen its awareness-raising activities concerning the Charter, with the full involvement of civil society organisations, and to promote and fund Charter-targeted training modules ~~for national judges, legal practition~~aiming to improve the knowledge of Union policies and Union law including inters as well as civil servants at all levels of the national public administrations; calls on the Commission, furthermore, to equip the Member States with practical guidelines supporting them in the implementation of the Charter at national level; asks the Commission, in this context, to give full visibility to the FRA’s recently published Handbook on Applying the Charter of Fundamental Rights of the European Union in law and policymakinglia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law among national judges, legal practitioners as well as civil servants; calls on the Commission, furthermore, to equip the Member States with practical guidelines supporting them in the implementation of the Charter at national level;

Amendment 89 #

Motion for a resolution
Paragraph 23

23. Encourages the Member States to regularly exchange information and experience on the use, application and oversight of the Charter, and to mainstream the examples of best practice already developed at national level~~, such as, for instance, those presented in the report of the Dutch Presidency on the outcome of the seminar on the ‘National Policy application of the EU Charter of fundamental rights’~~;

Amendment 9 #

Sylvia-Yvonne KAUFMANN, Christine REVAULT D'ALLONNES BONNEFOY, Jo LEINEN

Motion for a resolution
Citation 36

~~— having regard to the General Report of the High Level Conference on the European Social Charter, held in Turin on 17 and 18 October 2014,~~deleted

Amendment 90 #

Motion for a resolution
Paragraph 23 a (new)

23 a. Calls on the Commission, to give full visibility to the FRA’s recently published Handbook on Applying the Charter of Fundamental Rights of the European Union in law and policymaking at national level;

Amendment 91 #

Motion for a resolution
Paragraph 24

Amendment 92 #

Motion for a resolution
Paragraph 24

24. Is convinced that the current dualism characterising Article 51 of the Charter in relation to rights and principles, as well as the differences in the application of the provisions of the Charter between EU institutions, bodies, offices and agencies ofadded value of the Charter lies both in respect for a body of rights and in observance and advocacy of the principles which the Charter has established; considers that the obligations laid down in Article 51 make for the widest ranging protection of fundamental rights in the Union and ~~the~~in Member States, ~~is detrimental to the added value brought by the Charter, namely that of~~ enabling them to be applied morep re~~senting a set of common minimum standards of protection to be applied horizontally to all institutional actors and policies and activities connected to the EU spher~~adily and effectively to the circumstances at every point in time;

Amendment 93 #

Motion for a resolution
Paragraph 24

24. Is convinced that the ~~current dualism characterising Article 51 of the Charter in relation to rights and principles, as well as the~~ differences in the application of the provisions of the Charter between EU institutions, bodies, offices and agencies of the Union and the Member States~~, is~~ are detrimental to the added value brought by the Charter, namely that of representing a set of common minimum standards of protection to be applied horizontally to all institutional actors and policies and activities connected to the EU sphere;

Amendment 94 #

Motion for a resolution
Paragraph 24 a (new)

24 a. Stresses that the incorporation of the Charter into primary EU law, while not extending the Union’s competences and respecting the principle of subsidiarity as defined in its Article 51, creates new responsibilities for the decision-making and implementing institutions, as well as for Member States when implementing EU legislation at national level, and that the Charter’s provisions have thus become directly enforceable by European and national courts;

Amendment 95 #

Motion for a resolution
Paragraph 24 a (new)

24 a. Urges to conclude the adoption of the horizontal EU Anti-discrimination Directive1a,in order to further guarantee further fundamental rights concretely within the Union by means of adoption of concrete EU legislation, and therefore avoiding the current interference of Article 51; _________________ 1a 2008/0140(CNS)Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation

Amendment 96 #

Motion for a resolution
Paragraph 25

25. Encourages the EU institutions and the Member States to move toward a more flexible and unconstrained interpretation of Article 51 of the Charter, allowing for a straightforward application of the Charter as a whole, and to evaluate the possibility of repealing the article in the event of a possible future revision of the Treaties;deleted

Amendment 97 #

Motion for a resolution
Paragraph 25

25. Encourages the EU institutions and the Member States to ~~move toward a~~allow for more flexible and unconstrained interpretation of Article 51 of the Charter, allowing for a straightforward application of the Charter as a whole, and to evaluate the possibility of repealing the article in the event of a possible future revision of the Treatiesstraightforward application of the Charter as a whole;

Amendment 98 #

Motion for a resolution
Paragraph 25

25. Encourages the EU institutions and the Member States to move toward a more flexible and unconstrained interpretation of Article 51 of the Charter, allowing for a straightforward application of the Charter as a whole~~, and to evaluate the possibility of repealing the article in the event of a possible future revision of the Treaties~~;

Amendment 99 #