2018/2280(INI) | [ParlTrack]

Motion for a resolution
Citation 4

— having regard to Article 228 of the TFEU on the role and functions of the European Ombudsman,

Amendment 10 #

Motion for a resolution
Recital I

I. whereas admissible petitions often provide valuable input for the work of the respective parliamentary committees as they point out the alleged breaches of EU law;

Amendment 11 #

Motion for a resolution
Recital I a (new)

I a. whereas petitions are useful tools for detecting breaches of Union law and enable Parliament and other EU institutions to assess the trans position and application of EU law and its impact on EU citizens and residents;

Amendment 12 #

Motion for a resolution
Paragraph 1

1. Stresses the substantial role of the Committee on Petitions in defending and promoting the rights of EU citizens and residents, ensuring that petitioners’ concerns are recognised and their legitimate grievances resolved through the petitions process, in a timely manner wherever possible; recalls the responsibility of the Commission and the authorities of the Member States to cooperate with the Committee on Petitions, especially when it comes to provide a proper feedback on the exchange of relevant information; insists that this cooperation is essential to address the needs of the petitioners in line with the Treaties and the Charter of Fundamental Rights;

Amendment 13 #

Motion for a resolution
Paragraph 1

1. Stresses the substantial role of the Committee on Petitions in defending and promoting the rights of EU citizens and residents, within the committee competences, ensuring that petitioners’ concerns are recognised and their legitimate grievances resolved through the petitions process, in a timely and efficient manner wherever possible;

Amendment 14 #

Motion for a resolution
Paragraph 1

Amendment 15 #

Motion for a resolution
Paragraph 2

2. Emphasises the opportunity petitions offer to the European Parliament and other EU institutions to enter into dialogue with EU citizens who are affected by the application of EU law; underlines the need to foster cooperation of EU institutions and bodies with national, regional and local authorities on matters linked to the application of EU law; calls on the EU institutions and Member States to promote the citizens’ right to petition and to raise public awareness of the EU competencies and possible remedies, that the European Parliament provides while processing petitions;

Amendment 16 #

Motion for a resolution
Paragraph 2

2. Emphasises the opportunity petitions offer to the European Parliament and other EU institutions to enter into dialogue with EU citizens who are affected by the application of EU law; underlines the need to foster cooperation of EU institutions and bodies with national, regional and local authorities on matters linked to ~~the application of EU law~~shortcomings, inconsistencies and loopholes in the EU law and in its implementation in order to fully and effectively protect economic, social and cultural rights of all citizens;

Amendment 17 #

Jarosław WAŁĘSA, Rainer WIELAND, Cecilia WIKSTRÖM

Motion for a resolution
Paragraph 2 a (new)

2 a. Recalls that petitions are examined in accordance with Article 227 of the Treaty on the Functioning of the European Union, which stipulates that any EU citizen and any natural or legal person that is resident or has a registered office in a Member State can submit a petition to the European Parliament on matters which fall within the European Union's fields of activity; reminds that the procedure for dealing with petitions is laid down in the Rules of Procedure of the European Parliament;

Amendment 18 #

Motion for a resolution
Paragraph 3

3. Reiterates the need for a continuous public debate about the Union’s fields of activity in order to inform citizens about different levels of decision-making; calls for more intensive and structured biannual dialogue between the Committee on Petitions and Members of Committees on Petitions in the National Parliaments on petitions of major concerns to European citizens stimulating a genuine debate between MEPs and national MPs centred on petitions that would further raise awareness of EU policies and clarity on competences of the EU and of Members States;

Amendment 19 #

Motion for a resolution
Paragraph 3

3. Reiterates the need for a continuous public debate about the Union’s ~~fields of activity in order to inform citizens about different levels of~~activity and its working methods to raise awareness of citizens about the need to introduce a fully democratic EU governance with a view to solving the lack of transparency of the EU decision- making process, conflicts of interests and all ethical issues at EU level affecting the legislative process related to issues raised by petitioners;

Amendment 2 #

Motion for a resolution
Recital B

B. whereas the right of petition ~~enhances~~must be enhanced in order to increase the responsiveness of the European Parliament towards the citizens and residents of the European Union, ensuring full protection of their fundamental rights and effective solutions to all issues raised through petitions;

Amendment 20 #

Motion for a resolution
Paragraph 3

3. Reiterates the need for a continuous public debate about the Union’s fields of activity ~~in order to inform citizens about different levels of decision-making~~, its limits and its future in order to ensure that citizens are well informed about the levels at which decisions are taken and to prevent the “blame Brussels” phenomenon used by some irresponsible Member States;

Amendment 21 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Urges the Commission to properly use its powers stemming from its role as Guardian of the Treaties as such role is of utmost importance in the functioning of the EU with regard to the citizens and to the European legislators; calls for a timely handling of the infringement procedures in order to put an end with no delay to situations where EU law is not respected;

Amendment 22 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Believes that the Commission must swiftly and adequately investigate all citizens' complaints, including individual cases, to promptly detect and address breaches of citizens' rights and understand the existence of violations of systematic nature;

Amendment 23 #

Jarosław WAŁĘSA, Rainer WIELAND, Cecilia WIKSTRÖM

Motion for a resolution
Paragraph 3 b (new)

3 b. Asks the Commission to ensure full transparency and access to documents and information with regard to the EU Pilot procedures in relation to petitions received, and to the EU Pilot and infringement procedures that have already ended;

Amendment 24 #

Motion for a resolution
Paragraph 4

4. Takes note of four public hearings on various topics, namely on ‘Citizens’ rights after Brexit’ together with the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Employment and Social Affairs on 1 February 2018, on ‘European Citizens’ Initiative - Revision of Regulation’ together with the Committee on Constitutional Affairs on 21 February 2018, on ‘Impact of endocrine disruptors on public health’ on 22 March 2018 together with the Committee on Environment, Public Health and Food Safety, and on ‘The rights of persons with disabilities’ on 9 October 2018; reminds the committee members of the importance of attending public hearings requested and organised by the committee; calls on the petitions network to put forward specific public hearings and topics for EP studies and EP resolutions, which reflect the connection between the ongoing legislative work and the political scrutiny power of the EP and the petitions of major concerns; underlines that the petitions network is the right forum to put forward common initiatives for petitions treatment, which could exhaustively express the European Parliament's contribution to European citizens’ petitions;

Amendment 25 #

Motion for a resolution
Paragraph 4

Amendment 26 #

Motion for a resolution
Paragraph 4

4. ~~Takes note of~~Highlights four public hearings on various topics, namely on ‘Citizens’ rights after Brexit’ together with the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Employment and Social Affairs on 1 February 2018,on ‘European Citizens’ Initiative - Revision of Regulation’ together with the Committee on Constitutional Affairs on 21 February 2018, on ‘Impact of endocrine disruptors on public health’ on 22 March 2018 together with the Committee on Environment, Public Health and Food Safety, and on ‘The rights of persons with disabilities’ on 9 October 2018; reminds the committee members of the importance of attending public hearings requested and organised by the committee;

Amendment 27 #

Motion for a resolution
Paragraph 5

5. Draws attention to the participation of a delegation of Members of the Committee on Petitions in a visit to Lima (Peru) on 15- and 16 February 2018 in the context of democracy support offered by the European Parliament and its Democracy Support and Election Coordination Unit (DEG) in order to exchange good practices in the petition process with the Committee on Constitutional Affairs of the Peruvian Parliament;deleted

Amendment 28 #

Motion for a resolution
Paragraph 5 a (new)

5 a. Reminds the Commission that petitions offer a unique means to identify situations in which EU law is not upheld and to investigate such situations by means of political scrutiny of the European Parliament;

Amendment 29 #

Motion for a resolution
Paragraph 6

6. Confirms the need to strengthen political and technical dialogue with the relevant committees of the national parliaments; ~~welcomes~~takes note of the visit of the Petitions Committee of the German Bundestag to the committee meeting of 9 October 2018 ~~to raise issues of common interest and to discuss relevant petitions~~; highlights the Interparliamentary Committee Meeting with National Parliaments of 27 November 2018 organised together with the Committee on Legal Affairs and in cooperation with the European Network of Ombudsmen which addressed the topic of the implementation and application of Union law;

Amendment 3 #

Jarosław WAŁĘSA, Rainer WIELAND, Cecilia WIKSTRÖM

Motion for a resolution
Recital C

C. whereas each petition ismust be carefully assessed and dealt with; whereas each petitioner has the right to receive awithout delay, in their own language or in the language used in the petition, a comprehensive reply and information on the decision on admissibility taken by the Committee on Petitions ~~within a reasonable period of time in their own language or in the language used in the petition~~and on action taken by it in processing and following up the petition; whereas the experience of the petitioners in regard to the processing of their petitions is very influential in determining their perception of the EU institutions and the respect for the right to petition contained in EU law;

Amendment 30 #

Motion for a resolution
Paragraph 7

7. Trusts that the petitions network is a means to make the Committee on Petitions more visible and relevant in the work of the other committees of Parliament, so that petitions are better taken into consideration in legislative work; reaffirms its belief that meetings of the petitions network are vital for strengthening cooperation between the parliamentary committees through exchange of information and sharing of best practices between the network members; calls on the Committee on Petitions to nominate accordingly EP Rapporteurs on EU policies clusters, which could effectively and efficiently work with their respective counterparts of the petitions network in order to streamline common initiatives for the treatment of petitions across the European Parliament;

Amendment 31 #

Motion for a resolution
Paragraph 7

7. Trusts that the petitions network is a ~~means to make the Committee on Petitions more visible and relevant in the work of the other committees of Parliament, so that petitions are better taken into consideration in legislative work~~strong tool in giving citizens the opportunity to participate in direct democracy; reaffirms its belief that meetings of the petitions network are vital for strengthening cooperation between the parliamentary committees through exchange of information and sharing of best practices between the network members;

Amendment 32 #

Jarosław WAŁĘSA, Cecilia WIKSTRÖM

Motion for a resolution
Paragraph 8

8. Underlines the aim of the Committee on Petitions to raise awareness on citizens’ concerns in plenary debates; draws attention to the oral question on disenfranchisement of voting rights in the EU, debated in plenary on 2 October 2018, the oral question on the participation of persons with disabilities in the European elections, adopted in committee on 21 March 2018, ~~and~~ the oral question tabled jointly with the Committee on the Environment, Public Health and Food Safety on concerns about Natura 2000 protected areas based on petitions received, adopted in committee on 21 November 2018, the oral question on responding to petitions on tackling precariousness and the abusive use of fixed-term contracts adopted in committee on 16 May 2018 and the oral question on the role of the German Administration for Youth (Jugendamt) in cross-border family disputes adopted in committee on 24 September 2018;

Amendment 33 #

Motion for a resolution
Paragraph 8

8. Underlines the aim of the Committee on Petitions to raise awareness on citizens’ concerns in plenary debates; draws attention to the oral question on disenfranchisement of voting rights in the EU, debated in plenary on 2 October 2018, the oral question on the participation of persons with disabilities in the European elections, adopted in committee on 21 March 2018, and the oral question tabled jointly with the Committee on the Environment, Public Health and Food Safety on concerns about Natura 2000 protected areas based on petitions received, adopted in committee on 21 November 2018;; calls on the European Commission and the Council to respond to the EP resolutions, based on petitions in a follow up Plenary Debate not later than 6 months in order to provide answers timely and effectively to specific European citizens’ concerns;

Amendment 34 #

Cecilia WIKSTRÖM, Virginie ROZIÈRE

Motion for a resolution
Paragraph 9

9. Draws attention to the motions for resolutions pursuant to Rule 128(5) or Rule 216(2) on behalf of the committee adopted in plenary, in particular on protection and non-discrimination with regard to minorities in the EU Member States , on responding to petitions on tackling precariousness and the abusive use of fixed-term contracts , on the adverse effects of the United States’ Foreign Account Tax Compliance Act (FATCA) on EU citizens and in particular ‘accidental American’ , and on the role of the German ~~Youth Welfare Office~~Administration for Youth (Jugendamt) in cross-border family disputes;

Amendment 35 #

Motion for a resolution
Paragraph 10

10. ~~Regrets the lack of response from the Member States to solve the problems reported by citizens affected by FATCA~~Notes that the FATCA framework of the United State is implemented within the Union through bilateral intergovernmental agreements (IGAs) negotiated between the United States and each Member State; Regrets the lack of response from the Member States to solve the problems reported by citizens affected by FATCA; emphasises the role of the Union to guarantee effective implementation of data protection rules in order to ensure high level of protection of EU citizens in terms of related fundamental rights; asks the Commission to work closely with the national data protection authorities in order to promote a fact-finding exercise to clarify the situation in the Member States concerning possible breaches of EU law on the protection of personal data; furthermore calls on the Commission, in cooperation with the European Data Protection Board, to launch a country based study in order to assess whether and to what extent IGAs concerning FATCA respect the right to privacy of EU citizens; calls on the Member States to prevent discrimination against consumers legally resident in the Union, regardless of whether they are considered or not as ‘US persons’ and, if they are of the importance of their economic and personal ties with the United States;

Amendment 36 #

Jarosław WAŁĘSA, Rainer WIELAND

Motion for a resolution
Paragraph 10

10. Regrets the lack of response from the Member States to solve the problems reported by the citizens affected by FATCA; asks the Commission to work closely with the national data protection authorities in order to promote a fact- finding exercise to clarify the situation in the Member States concerning possible breaches of EU law on the protection of personal data; ~~calls on~~emphasises that the Member States toshould prevent discrimination against consumers legally resident in the Union, regardless ~~of whether~~if they are considered or not as ‘“US persons’” and, if they are of the importance of their economic and personal ties with the United States;

Amendment 37 #

Cecilia WIKSTRÖM

Motion for a resolution
Paragraph 10 a (new)

10 a. Highlights the fact-finding visit to Famagusta, Cyprus, on 7-8 May 2018, aiming to reassess and update the committee´s information of the situation in Famagusta, and in particular the sealed-off section of the city called Varosha, in the context of petition 733/2004 submitted by Loizos Afxentiou, on behalf of the Famagusta Refugee Movement, 10 years after the Committee’s previous fact-finding visit; reaffirms its support for the mission report recommendation to call on the European Commission, the High Representative for Foreign Affairs and Security Policy, the EU Council and all EU Member States to table a new resolution in the UN Security Council calling for political and economic sanctions against Turkey for its acts of aggression in the eastern Mediterranean Sea and for its non-compliance with Resolutions 550 (1984) and 789 (1992) of the UN Security Council;

Amendment 38 #

Motion for a resolution
Paragraph 11

11. Recalls that the Committee on Petitions has adopted opinions attached to reports of Parliament on a wide range of issues raised in petitions, including on monitoring the application of EU law in 2016 , on the coordination of social security systems , on the European citizens’ initiative, on the implementation report as regards Regulation 1/2005 on the protection of animals during transport within and outside the EU , on the proposal for amending Parliament’s Decision 94/262/EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties , and on the implementation of the Treaty provisions related to EU citizenship; underlines that, since the beginning of this parliamentary term, the Committee on Petitions has provided more opinions to ongoing European legislative texts; highlights the importance of providing justification of amendments by showing a direct reference to citizens‘ petitions;

Amendment 39 #

Motion for a resolution
Paragraph 12

12. Stresses Parliament’s strong collaboration with the European Ombudsman, as well as its involvement in the European Network of Ombudsmen; underlines the excellent relations within the institutional framework between the Ombudsman and the Committee on Petitions; appreciates in particular the Ombudsman’s regular contributions to the work of the committee throughout the year; firmly believes that the Union institutions, bodies and agencies must ensure a consistent and effective follow-up to the recommendations of the Ombudsman and guarantee full transparency of the EU decision-making process and the implementation of the highest ethical and accountability standards;

Amendment 4 #

Motion for a resolution
Recital D a (new)

D a. whereas the Committee on Petitions considers the European Citizens’ Initiative an utmost instrument of direct and participatory democracy, enabling citizens to become actively involved in the framing of European legislation;

Amendment 40 #

Motion for a resolution
Paragraph 12

12. Stresses Parliament’s ~~strong collabo~~fruitful cooperation with the European Ombudsman, as well as its involvement in the European Network of Ombudsmen; underlines the excellent relations within the institutional framework between the Ombudsman and the Committee on Petitions; appreciates in particular the Ombudsman’s regular contributions to the work of the committee throughout the year;

Amendment 41 #

Motion for a resolution
Paragraph 12

12. Stresses Parliament’s ~~strong~~ collaboration with the European Ombudsman, as well as its involvement in the European Network of Ombudsmen; underlines the excellent relations within the institutional framework between the Ombudsman and the Committee on Petitions; appreciates in particular the Ombudsman’s regular contributions to the work of the committee throughout the year;

Amendment 42 #

Jarosław WAŁĘSA, Rainer WIELAND

Motion for a resolution
Paragraph 15

15. Points out that, in the context of Parliament’s Human Rights Week, the Committee on Petitions considered several petitions relating to human rights issues and presented an updated study on the Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants; asks the Commission to propose a~~mending Article 1(2) of Council Directive 2002/90/EC of 28 November 2002 in order to define the facilitation of unauthorised entry, transit and residence with a view to introducing a mandat~~n effective and sustainable EU strategy on migration aimed at enhancing legal and safe ways into the EU, the automatic and compulsory relocation of asylum seekers among all Member States as well as improving cooperation between all Member States in order to address morye e~~xemption from criminalisation for humanitarian assistance in cases of entry, transit or stay~~ffectively the serious economic and social problems afflicting migrants' countries of origin ensuring that they are not compelled to seek a livelihood elsewhere through irregular migration;

Amendment 43 #

Motion for a resolution
Paragraph 16

16. Is convinced that the Secretariat of the Committee on Petitions handles petitions efficiently and with great care according to the committee’s guidelines and the petitions lifecycle in the EP administration; stresses that the number of petitions has decreased to 1120 in 2018 compared to 2715 in 2014 as a result of the more efficient treatment of petitions through the administrative petitions’ review and the petitions web portal; calls for further innovating the treatment of petitions taking stock of the most recent technological developments in order to render the whole process clearer and more transparent for European citizens;

Amendment 44 #

Motion for a resolution
Paragraph 16

16. Is convinced that the Secretariat of the Committee on Petitions must be given the necessary resources to handles petitions in a more efficientl way and with greater care according to the committee’s guidelines;

Amendment 45 #

Motion for a resolution
Paragraph 16

16. Is convinced that the Secretariat of the Committee on Petitions handles petitions ~~efficiently and with great care~~accurately according to the committee’s guidelines;

Amendment 46 #

Motion for a resolution
Paragraph 17 a (new)

17 a. Stresses the important role of the SOLVIT network, which provides a means for citizens and enterprises to address concerns about possible breaches of EU law by public authorities in other Member States; calls on the Commission and on the Member States to promote SOLVIT in order to make it more helpful and visible to citizens; welcomes, in this regard, the Action Plan to reinforce the SOLVIT network published by the Commission in May 2017; calls on the Commission to report back to the European Parliament on the results of the Action Plan to reinforce the SOLVIT network published by the Commission in May 2017;

Amendment 5 #

Motion for a resolution
Recital E a (new)

E a. whereas petitions represent an extra guarantee for EU citizens and residents compared to complaints directly to the Commission, as Parliament is involved in the process which allows to better scrutinise the performance and provides for transparent debates on the matter with the presence of petitioners, Members of the European Parliament and the Commission as well as any other concerned authority where appropriate;

Amendment 6 #

Motion for a resolution
Recital F

F. whereas detailed information from the petitioners and expertise provided by the Commission, the Member States and other bodies are essential for the work and the credibility of the committee;

Amendment 7 #

Motion for a resolution
Recital G

G. whereas the European Parliament has long been at the forefront of the development of the petitions process internationally and has the most open and transparent petitions process in Europe, allowing petitioners to participate ~~ful~~actively in its activities;

Amendment 8 #