2023/2028(INI) | [ParlTrack]

Motion for a resolution
Citation 18

~~– having regard to the Commission communication of 13 July 2022 entitled ‘2022 Rule of Law Report – The rule of law situation in the European Union’ (COM(2022)0500),~~deleted

Amendment 100 #

Motion for a resolution
Recital L a (new)

La. whereas the proliferation of new and emerging technologies has significantly expanded states’ toolkit for repression and social control, leading to gradual deterioration of the level of human rights protection.

Amendment 101 #

Motion for a resolution
Recital L b (new)

Lb. whereas for several years the rule of law has been deteriorating in several Members States, particularly in Hungary and Poland, as a result of systematic actions of their governments; whereas rule of law and fundamental rights concerns are rapidly growing in other Member States; whereas it is crucial to ensure that Member States comply with OSCE commitments and other international obligations and standards for democratic elections, including the Venice Commission;

Amendment 102 #

Motion for a resolution
Recital L c (new)

Lc. whereas the placement of children in segregated schools and the discriminatory practice of placing children of ethnic and racial minorities in schools for children with mental disabilities, continues to persist in some Member States;

Amendment 103 #

Jana TOOM, Anna Júlia DONÁTH, Maite PAGAZAURTUNDÚA, Fabienne KELLER

Motion for a resolution
Subheading 1 a (new)

Emphasizes the importance and significance of the UN Human Rights bodies reports and recommendations and the standard and guidance they set; is deeply concerned by the disregard shown by some EU Member States towards UN reports and their reluctance to implement them.

Amendment 104 #

Motion for a resolution
Paragraph 1

1. Strongly condemns that in 2022 another global record for the number of imprisoned journalists was set; calls for a swift agreement on the anti-SLAPP directive, which should offer substantive and broad protection against abusive lawsuits; calls on the Member States to implement the Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings, specifically to remove prison sentences for defamation cases, decriminalize defamation and favour civil or administrative procedures instead; stresses that SLAPPs are only one method used to silence journalists and calls on the Commission to further investigate other practices and intervene;

Amendment 105 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 1

1. Strongly condemns that in 2022 another global record for the number of imprisoned journalists was set; strongly deplores the fact that in 2022 and 2023 at least two investigative journalists were murdered in the European Union; further deplores that there is little or no accountability for the killing of media professionals in Member States; calls for a swift agreement on ~~the~~an ambitious anti- SLAPP directive, which should offer substantive and broad protection against abusive lawsuits; calls on the Member States to fully implement the Recommendation accompanying the proposal for an anti-SLAPPs Directive; calls on the Commission to explore further legislation to cover all SLAPP cases;

Amendment 106 #

Motion for a resolution
Paragraph 1

1. SRecalls the importance of free media in upholding democracy, in holding public and private institutions to account and in allowing citizens to access balanced information; strongly condemns that in 2022 another global record for the number of imprisoned journalists was set; calls for a swift agreement on the anti- SLAPP directive, which should offer substantive and broad protection against abusive lawsuits;

Amendment 107 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 1

Amendment 108 #

Motion for a resolution
Paragraph 1 a (new)

1a. Reiterates its concern for the abuse of fundamental rights in regards to the use of Pegasus and equivalent spyware for political purposes; underlines that the illegitimate use of spyware by national governments directly and indirectly affects the Union institutions and the decision making process, thus undermining the integrity of European Union democracy, and highlighting the urgency for greater transparency and legal accountability of the surveillance industry; calls on the Member States to put in place a conditional moratorium on the sale, acquisition, transfer, and use of spyware technologies, until a human rights-compliant regulatory framework will be in place; calls for a swift adoption of a strict human-rights-compliant regulatory framework at EU level for the trade in and use of spyware;

Amendment 109 #

Motion for a resolution
Paragraph 1 a (new)

1a. Urges the Member States to draw up national action plans for the safety of journalists and create a favourable environment for plural and independent media to flourish and play their essential watchdog role to hold governments and other actors to account; calls on the Member States to effectively prosecute perpetrators of crimes against journalists, and to raise awareness in our societies about the crucial role diverse and independent media play to preserve democracy; strongly believes that any threat or attack against journalists should be condemned by politicians;

Amendment 11 #

Motion for a resolution
Citation 18

– having regard to the Commission communication of 13 July 2022 entitled ‘2022 Rule of Law Report – The rule of law situation in the European Union’ (COM(2022)0500), the 27 country chapters and its accompanying recommendations to Member States,

Amendment 110 #

Motion for a resolution
Paragraph 1 a (new)

1a. Expresses concern about the illegitimate use of spyware in the Union, where high-profile individuals, such as journalists, human rights defenders, politicians, or other actors have been targeted;

Amendment 111 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 2

2. Is deeply concerned by the increasing level of corruption in ~~certain~~several Member States and in EU institutions, in particular of cases involving high-level officials and politicians; is concerned about the varying levels of implementation of the EU anti- corruption framework in Member States; requests that zero-tolerance to corruption must be the rule; urges for the establishment of an independent ethics body with the power to investigate all EU institutions, bodies and agencies; considers that strong whistleblower protection is urgently needed across the EU, which should include access to free legal aid and psychological assistance; calls on the Member States to ensure the full implementation of the Whistleblower Protection Directive;

Amendment 112 #

Motion for a resolution
Paragraph 2

2. IStresses that corruption is incompatible with the values of democracy and rule of law, as it deepens inequalities and erodes citizen’s trust in good governance; is deeply concerned by the increasing level of corruption in certain Member States, in particular of cases involving high-level officials and politicians; is concerned about the varying levels of implementation of the EU anti- corruption framework in Member States;

Amendment 113 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 2

2. Is deeply concerned by the increasing level of corruption in certain Member States, in particular of cases involving high-level officials and politicians; is concerned about the varying levels of implementation of the EU anti- corruption framework in Member States; undue influence over decision-making, poor enforcement of integrity safeguards and threats to the rule of law continue to undermine governments’ effectiveness;

Amendment 114 #

Motion for a resolution
Paragraph 3

3. Stresses that judicial independence and effective checks and balances, which can vary from one Member State to another, are key components of the rule of law; condemns any attempts by Member State governments to exert political influence on or control over the independent decision-making of the judiciary directly or by organisational means; supports the creation of an EU strategy to ensure concrete and coordinated action at the EU level, including through the creation of a protection mechanism for human rights defenders within Europe, building on the examples in EU foreign policy, to ensure prevention, direct assistance and accountability;

Amendment 115 #

Maite PAGAZAURTUNDÚA

Motion for a resolution
Paragraph 3

3. Stresses that judicial independence and effective checks and balances, which can vary from one Member State to another, are key components of the rule of law; condemns any attempts by Member State governments to exert political influence on or control over the independent decision-making of the judiciary; recalls that the European Court of Human Rights (ECHR) had recently ruled against Spain, condemning its inaction in the renewal of the General Council of the Judiciary, a proof of the politicisation that exists around this question;

Amendment 116 #

Motion for a resolution
Paragraph 3

3. Stresses that judicial independence and effective checks and balances, which can vary from one Member State to another, are key components of the rule of law; highlights that serious concerns remain as to the rule of law and the independence of the judiciary in several EU Member States, including Hungary, Poland, Slovakia, Bulgaria and Spain1i; condemns any attempts by Member State governments, to exert political influence on or control over the independent decision- making of the judiciary; _________________ 1i See EU Commission 2023 Rule of Law Report

Amendment 117 #

Motion for a resolution
Paragraph 3 a (new)

3a. Expresses strong concern about the several pieces of legislation that Hungary adopted in a non-transparent way; is further concerned about the repeated and abusive invocation of the ‘state of danger’, the misuse of whistleblower protections to undermine the rights of LGBTIQ+ people and freedom of expression, and the restriction of teachers’ status as well as the infringement of their social and labour rights, which is threatening academic freedom; reiterates its call on the Commission to make full use of the tools available to it to address the clear risk of a serious breach by Hungary of the values on which the Union is founded;

Amendment 118 #

Balázs HIDVÉGHI

Motion for a resolution
Paragraph 4

Amendment 119 #

Motion for a resolution
Paragraph 4

Amendment 12 #

Motion for a resolution
Citation 18 a (new)

– having regard to the Commission Communication of 9.1.2023 entitled Assessment report of the Member States’ national Roma strategic frameworks COM(2023) 7 final

Amendment 120 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 4

4. Supports the use of the Recovery and Resilience Facility and the horizontal enabling conditions for the freezing of EU funding to fight corruption and rule of law backsliding in Member States; stresses that funds restricted through different conditionality measures must only be released when key rule of law, corruption and human rights concerns are genuinely and adequately addressed; calls on the European Council to ~~determine whether Hungary has committed~~take action against Hungary given the serious and persistent breaches of EU values under Article 7(2) TEU; underlines that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself with long-lasting and potentially damaging consequences; insists that Parliament’s role and competences be respected;

Amendment 121 #

Motion for a resolution
Paragraph 4

4. Supports the use of the Recovery and Resilience Facility and the horizontal enabling conditions for the freezing of EU funding to fight corruption and rule of law backsliding in Member States; stresses that funds restricted through different conditionality measures must only be released when key rule of law, corruption and human rights concerns are genuinely and adequately addressed; urges Member States to complete appropriate measures to reach the milestones set out in their respective Recovery and Resilience Plans; calls on the European Council to determine whether Hungary has committed serious and persistent breaches of EU values under Article 7(2) TEU;

Amendment 122 #

Motion for a resolution
Paragraph 4

4. Supports the use of the Recovery and Resilience Facility and the horizontal enabling conditions for the freezing of EU funding to fight corruption and rule of law backsliding in Member States which should be however applied on an equal basis principle; stresses that funds restricted through different conditionality measures must only be released when key rule of law, corruption and human rights concerns are genuinely and adequately addressed; calls on the European Council to determine whether Hungary has committed serious and persistent breaches of EU values under Article 7(2) TEU;

Amendment 123 #

Motion for a resolution
Paragraph 4

Amendment 124 #

Motion for a resolution
Paragraph 4 a (new)

4a. Is concerned by the systematisation and normalisation of the state of emergency in the EU; deplores that the Member States have often misused the state of emergency to replace the concerted decision-making process and the plurality of voices, against the very essence of democracy;

Amendment 125 #

Motion for a resolution
Paragraph 4 a (new)

4a. Supports the civil society's call1a for a reform regarding the public hearings of the European Court of Justice to be live streamed, as it already is the case for some national and international courts, for example the European Court of Human Rights. _________________ 1a https://thegoodlobby.eu/campaigns/open- letter-to-the-president-of-the-court-of- justice-of-the-european-union-asking-for- eu-courts-to-live-stream-their-public- hearings/

Amendment 126 #

Motion for a resolution
Paragraph 4 a (new)

4a. Reiterates its call for the imminent need to establish an EU mechanism on democracy, the rule of law and fundamental rights (DRF) and urges the Commission and the Council to immediately enter into negotiations with Parliament on this agreement;

Amendment 127 #

4b. Stresses that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the RRF Regulation and the Rule of Law Conditionality Regulation, must be treated as a single, integral package; insists on putting in place appropriate checks in order to prevent the agreed on measures from being circumvented by the authorities; calls on the Commission and the Council to refrain from approving the national plans of Poland and Hungary under the Recovery and Resilience Facility until both countries have fully complied with all European Semester country-specific recommendations in the field of the rule of law and until they have implemented all the relevant judgments of the Court of Justice of the EU and the European Court of Human Rights; reiterates its call on the Commission to use all tools at its disposal to ensure that the citizens and residents of Member States such as Poland and Hungary, where the rule of law is violated by their governments, are not deprived of the benefits of EU funds;

Amendment 128 #

Motion for a resolution
Paragraph 4 c (new)

4c. Questions how Hungary will be able to credibly fulfil the task of the presidency of the Council in 2024, in view of its non-compliance with EU law and the values enshrined in Article 2 TEU, as well as the principle of sincere cooperation; asks the Council to find a proper solution as soon as possible; recalls that Parliament could take appropriate measures if such a solution is not found;

Amendment 129 #

Motion for a resolution
Subheading 2 a (new)

Strongly condemn the widespread violations of privacy and the disproportionate use of surveillance, which undermine democratic principles and the right to personal data protection. The abuse of spyware, such as Pegasus, poses a severe threat to fundamental rights in the EU.

Amendment 13 #

Motion for a resolution
Citation 19 a (new)

– having regard to the Commission communication of 5 July 2023 entitled ‘2023 Rule of Law Report – The rule of law situation in the European Union’ (COM(2023)800), the 27 country chapters and its accompanying recommendations to Member States,

Amendment 130 #

Motion for a resolution
Subheading 2 b (new)

Strongly condemn the judicial persecution against singers in certain EU Member States, such as Poland and Spain.

Amendment 131 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 5

5. ~~Notes~~Expresses deep concern about the increasing threats to press freedom, the freedoms of association, speech and assembly~~; reiterates that the right to peaceful assembly can be restricted only w~~ and the deteriorating situation of journalists; welcomes then pro~~vided for by law and if necessary and proportionate to protect a general interest recognised by the Union or the rights and freedoms of others~~posal for an European Media Freedom Act; urges for the adoption of a strong European Media Freedom Act to guarantee the independence, plurality and freedom of media across the EU, ensure the transparency of media ownership and to address problems of media market concentrations where problems persist;

Amendment 132 #

Motion for a resolution
Paragraph 5

5. Notes the increasing threats to the freedoms of association, speech and assembly; reiterates that the right to peaceful assembly can be restricted only when provided for by law and if necessary and proportionate to protect a general interest recognised by the Union or the rights and freedoms of others; condemns the use of violent and disproportionate intervention by law enforcement during peaceful protests;

Amendment 133 #

Motion for a resolution
Paragraph 5 a (new)

5a. Condemns the attacks, threats and violence against journalists and media workers which have been on the rise in recent years; calls on the Commission and the Member States to ensure the safety and protection of journalists and media workers; further calls on the Commission to ban spyware products such as Pegasus and Predator which have been used to carry out surveillance on journalists, human rights activists, opposition figures and lawyers in and outside the EU; urges the EU institutions and the Member States concerned, in particular Greece, Hungary, Poland, Spain and Cyprus to follow the recommendations included in the PEGA report1j: _________________ 1j https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0244_EN.pdf

Amendment 134 #

Motion for a resolution
Paragraph 5 a (new)

5a. Condemns the use of violent and disproportionate interventions by law enforcement authorities during peaceful demonstrations; encourages the relevant national authorities to ensure a transparent, impartial, independent and effective investigation when the use of disproportionate force is suspected or has been alleged; recalls that law enforcement agencies are fully accountable for the fulfilment of their duties and their compliance with the relevant legal and operational frameworks;

Amendment 135 #

Motion for a resolution
Paragraph 5 b (new)

5b. Calls on the Member States not to adopt laws or practices that preventively restrict the right to protest or that would criminalise protesters in advance without judicial oversight; stresses that discretionary mass arrests of potential protesters should be avoided; Calls on the Member States to use alternative practices for maintaining public order that have already proven to be effective in some Member States, especially direct communication with demonstrators, including via big screens, avoiding insofar as is possible physical contact with demonstrators and relying on mediation officers with background training in psychology and sociology;

Amendment 136 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 5 c (new)

5c. Calls on the Member States to introduce EU-wide guidelines for a transparent, independent and consistent selection, testing and trialling process for the weapons used by law enforcement personnel, based on UN standards, recommendations and guiding principles; notes that this assessment should determine compliance with international human rights law and standards prior to selection and deployment; calls on the Member States to collect data on all uses of force to enable the gathering of evidence about use, misuse, unexpected consequences, injuries and deaths and their causes;

Amendment 137 #

Motion for a resolution
Paragraph 6

6. Emphasises that in order to ensure the right to freedom of expression and information, which is foundational for any democracy, information must be universally accessible and diverse, and underscores that artistic freedom must be guaranteed; stresses that disinformation can be highly disruptive for the functioning of democratic societies, economies and political systems; reiterates its suggestion to establish a sanction regime to tackle disinformation from malicious foreign powers, in particular with a view to the upcoming European elections; underlines that an independent and pluralistic media landscape is indispensable to effectively counter disinformation and propaganda and therefore must be promoted, including through effective action against media concentrations and through the empowerment of independent media in the online environment; notes that the political independence of media regulation and oversight by Member States and the Commission, the protection of editorial independence throughout the Union, as well as the protection of journalists from surveillance and the protection of journalistic sources are of paramount importance;

Amendment 138 #

Jana TOOM, Anna Júlia DONÁTH, Maite PAGAZAURTUNDÚA, Fabienne KELLER

Motion for a resolution
Paragraph 6

Amendment 139 #

Motion for a resolution
Paragraph 6 a (new)

6a. Is concerned about the degradation of civic space throughout the EU with policies hampering CSOs’ operations, their access to sustainable funding and their ability to participate in decision-making; condemns any form of harassment, smearing, stigmatisation, criminalisation and scapegoating of CSOs; stresses how these actions jeopardise active citizenship and the expression of critical voices, thereby undermining public debate and hence the very foundations of democracy;

Amendment 14 #

Motion for a resolution
Citation 20

– having regard to the proposal for a directive of the European Parliament and of the Council of 27 April 2022 on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) (COM(2022)0177) (‘the anti-SLAPP directive’), and its accompanying recommendation,

Amendment 140 #

Motion for a resolution
Paragraph 6 a (new)

6a. Strongly condemns any form of hate speech and smear campaigns in public media against journalists, politicians and other actors in the Member States;

Amendment 141 #

Motion for a resolution
Paragraph 6 b (new)

6b. Reiterates the importance of free, independent and pluralistic media, ensuring transparency of ownership and financing; in this regard welcomes the Commission’s proposal on the European Media Freedom Act;

Amendment 142 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 6 c (new)

6c. Recalls that disinformation poses national threat; reiterates the need for media and digital literacy to be included in civic education in order to counter the spread of disinformation;

Amendment 143 #

Motion for a resolution
Paragraph 7

7. Underlines the crucial role of civil society organisations (CSOs) in promoting active citizenship, fundamental rights and democratic participation in Europe; calls for a Commission strategy and common rules in all Member States to promote a regulatory and political environment free from chilling effects, threats and attacks, and to provide CSOs with a sustainable and non-discriminatory access to resources and support their engagement in civil dialogue and participation in policy making;

Amendment 144 #

Motion for a resolution
Paragraph 7

7. Underlines the crucial role of civil society organisations (CSOs) in promoting active citizenship, fundamental rights and democratic participation in Europe; ~~calls for a~~urges the Commission ~~strategy and common rule~~to present a strategy and establish minimum standards for the protection of civil society organisations in all Member States in order to promote a regulatory and political environment free from chilling effects, threats and attacks;

Amendment 145 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 7 a (new)

7a. Warns that the situation of human rights defenders in the EU has deteriorated alarmingly in recent years; urges the Commission and the Member States to take the necessary measures to ensure that human rights defenders are able to work free from hindrance and insecurity; further urges the Commission and the Member States to guarantee their exercise of freedom of expression, freedom of assembly and freedom of association and ensure accountability for any human rights violation against human rights defenders, including by non-state actors;

Amendment 146 #

Motion for a resolution
Paragraph 8

8. Recalls that under Article 6 of the Charter, everyone has the right to liberty and security, which means that everyone within the Union should be protected from unlawful and arbitrary arrest; calls on Member States to follow the Commission recommendation on procedural rights of suspects and accused persons in order to improve detention conditions and thus ensure a higher protection of the right to liberty and security;

Amendment 147 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 9

9. Condemns ~~the rise in~~ antisemitic, anti-Roma, anti-Islamic and racist incidents in the EU; deplores that incidents of discrimination, racist and xenophobic crimes are often not reported to the authorities, which leads to de facto impunity; stresses the need for awareness raising campaigns, improved education and training enabling the social inclusion of Roma and other minorities by involving them in activism and decision making processes and promoting social inclusion strategies;

Amendment 148 #

Motion for a resolution
Paragraph 9

9. Condemns the rise in antisemitic, anti-Islamic and racist incidents in the EU; recalls that under Article 10 of the Charter everyone has the right to freedom of thought, conscience and religion; deplores that incidents of discrimination, racist and xenophobic crimes are often not reported to the authorities, which leads to de facto impunity; regrets that not all Member States have fully transposed the framework decision on anti-racism and xenophobia;

Amendment 149 #

Motion for a resolution
Paragraph 9

9. Condemns the rise in antisemitic, anti-Islamic ~~and~~, antiRoma and other racist incidents in the EU; deplores that incidents of discrimination, racist and xenophobic crimes are often not reported to the authorities, which leads to de facto impunity; condemns and deplors the racist acts, violence and brutality committed by law enforcement authorities in the EU when performing their duties;

Amendment 15 #

Motion for a resolution
Citation 20 a (new)

– having regard to the proposal for a Regulation of the European Parliament and of the Council of 12 September 2022 on establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU (COM(2022)0277) (‘the Media Freedom Act’), and its accompanying recommendation on internal safeguards for editorial independence and ownership transparency in the media sector,

Amendment 150 #

Motion for a resolution
Paragraph 9

9. Condemns the rise in antisemitic, anti-Gypsyist, anti-Islamic and racist incidents in the EU; deplores that incidents of discrimination, racist and xenophobic crimes are often not reported to the authorities, which leads to de facto impunity;

Amendment 151 #

Motion for a resolution
Paragraph 9 a (new)

9a. Is concerned with the increasing number of police violence incidents against the Romani population; calls on Member States to rigorously investigate incidents of police abuse to ensure that there is no impunity for introducing and/or implementing repressive, violent measures against Romani individuals or communities, as well as for inducing fear and intimidation, address the inadequate access to justice of Romani people, particularly obstacles to seek legal counsel and redress, lack of free legal aid, but also biased police recordings and reporting, prosecution and court judgements, violence in police custody and ill-treatment by police and the overrepresentation of Romani people in prisons;

Amendment 152 #

Sara SKYTTEDAL, Tomas TOBÉ, David LEGA, Loránt VINCZE, Bert-Jan RUISSEN, Carmen AVRAM, Ondřej KNOTEK

Motion for a resolution
Paragraph 9 a (new)

9a. Calls on the Commission and the Member States to take action against the alarming increase in antisemitism in the Union; is of the opinion that the will to accommodate other religious minorities in some cases has created an unjustifiable acceptance of antisemitism;

Amendment 153 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 9 a (new)

9a. Condemns the discrimination of national or ethnic, religious and linguistic minorities;

Amendment 154 #

Sara SKYTTEDAL, Tomas TOBÉ, David LEGA, Lukas MANDL, Loránt VINCZE, Bert-Jan RUISSEN, Carmen AVRAM, Ondřej KNOTEK

Motion for a resolution
Paragraph 9 b (new)

9b. Reiterate its call on all Member States and the Union institutions and agencies to adopt and apply the working definition of anti-Semitism employed by the International Holocaust Remembrance Alliance (IHRA)1a; _________________ 1a P8_TA(2017)0243

Amendment 155 #

Motion for a resolution
Paragraph 10

10. Points out that the datafication of everyday life and data scandals mean that the right to the protection of personal data is of growing importance; reiterates its concerns about the uneven application of the General Data Protection Regulation; supports the current legislative process on a European regulatory framework on Artificial Intelligence providing for strong fundamental rights safeguards by banning intrusive and discriminatory uses of AI systems such as biometric surveillance, emotion recognition and predictive policy AI systems;

Amendment 156 #

Motion for a resolution
Paragraph 10 a (new)

10a. Expresses deep concerns about the increased use of technology at borders, which was proved to be extremely intrusive on individuals; calls on the EU and the Member States to ensure that effective oversight mechanisms are put in place to ensure fundamental rights compliance, which should also cover the monitoring of border-surveillance activities; further calls on the Commission and the Member States to ensure that the individuals whose data are stored in the databases of the EU’s large-scale information systems are informed about their rights and have access to available remedies;

Amendment 157 #

Motion for a resolution
Paragraph 11

11. Strongly condemns the widespread fundamental rights violations and use of ~~disproportionate violence by national authorities at Union borders;~~ violence by national authorities at Union borders; recalls that the respect for fundamental rights at borders remains one of the top human rights challenges in the EU; deplores that some Member States, including Greece, Spain, Poland, Cyprus, Croatia, Lithuania and Bulgaria1k continued to engage in unlawful pushbacks and violence at their borders; strongly condemns the pushbacks and fundamental rights violations, including police violence, at external borders, as well as of the criminalisation of humanitarian workers and activists and of the use of EU funding, which has disproportionately served to construct closed facilities and strengthen external borders; calls on the Commission and the Member States to investigate all the allegations of pushbacks and fundamental rights violations and increase transparency on the measures taken; further calls for the establishment of effective and independent monitoring mechanisms, along with available complaint mechanisms; _________________ 1k See Human Rights Watch 2023 annual report at https://www.hrw.org/world- report/2023/country-chapters/european- union

Amendment 158 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 11

11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders; reiterates the obligation under the international law of the sea to assist persons in distress and calls on all Member States to fully comply and respect it; exhorts the Commission to examine whether actions taken by some Member States in accordance with their national law to prevent rescue boats from entering their territorial waters without prior authorisation are in line with EU and international law and Article 18 of the Charter of Fundamental Rights, read in the light of the European Convention on Human Rights and the Geneva Convention, and to take appropriate action where, in its assessment, the actions of Member States do not comply with EU law;

Amendment 159 #

Motion for a resolution
Paragraph 11

11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders, including arbitrary detention, inhumane living conditions and lack of access to health care, unlawful returns, and violent pushbacks; condemns laws in Member States that undermine the effective protection of human rights of refugees, asylum seekers, and migrants on the land and at sea; highlights that almost a third of asylum seekers are children and reiterates that immigration detention of children should not be permitted;

Amendment 16 #

Motion for a resolution
Citation 22 a (new)

– having regard to the proposal for a Council Regulation of 7 December 2022 on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (COM(2022) 695),

Amendment 160 #

Motion for a resolution
Paragraph 11

11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders; is appalled by the use of pushbacks at land and sea borders; deplores any action that leads to leaving persons in distress at sea; is very concerned about Member States codifying the use of push-backs into their national law; stresses that under Union law pushbacks are never legal or justified; calls on the Commission to investigate and intervene in Member States where pushbacks are used;

Amendment 161 #

Alessandra MUSSOLINI

Motion for a resolution
Paragraph 11

11. ~~Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders;~~Notes that there have been multiple cases of migrant deaths caused by people who foster illegal migratory flows within Member State territories by trafficking human beings and exposing the individuals being transported to inhumane and degrading treatment, undermining their safety and putting their lives at risk.

Amendment 162 #

Jana TOOM, Anna Júlia DONÁTH, Maite PAGAZAURTUNDÚA, Fabienne KELLER

Motion for a resolution
Paragraph 11

11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders committed toward third country nationals;

Amendment 163 #

Sara SKYTTEDAL

Motion for a resolution
Paragraph 11

11. Strongly condemns ~~the widespread~~ any fundamental rights violations ~~and~~or use of disproportionate violence ~~by national authorities~~ at Union borders;

Amendment 164 #

Motion for a resolution
Paragraph 11 a (new)

11a. Notes with concern the large population of stateless persons in the EU, especially children being born stateless; calls on the Commission to develop a comprehensive strategy and action plan to address statelessness within the EU, including accession to the 1954 and 1961 Statelessness Conventions and the introduction of an EU wide statelessness determination procedure; further calls on the Commission to ensure that Member States properly identify, recognize and protect stateless people through introducing safeguards in EU legislation addressing the specific vulnerabilities of stateless persons, such as protection from expulsion for those stateless persons that have been born in a Member State or have resided there for a durable time;

Amendment 165 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 11 a (new)

11a. Welcomes the recommendation of the CoE’s Committee of Ministers on protecting the rights of migrant, refugee, and asylum-seeking women and girls, calling on Member States to take measures to prevent discrimination against such women, including by promoting access to employment, sexual and reproductive health care, and facilitating access to services and justice for survivors of gender-based violence1l _________________ 1l https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=0900001680a69407

Amendment 166 #

Motion for a resolution
Paragraph 11 a (new)

11a. Strongly deplores the numerous deaths of refugees and migrants at sea; calls urgently for permanent coordinated search and rescue operations and for Member States to take every possible action to save the life of people at risk at sea;

Amendment 167 #

Motion for a resolution
Paragraph 11 a (new)

11a. calls for the establishment of a comprehensive EU Search and Rescue mission implemented, coordinated and managed by the Union and Member States’ competent authorities;

Amendment 168 #

Motion for a resolution
Paragraph 11 b (new)

11b. Highlights that Article 19 of the Charter provides for protection in the event of removal, expulsion or extradition and guarantees that every decision of expulsion is based on a specific examination and that no single measure can be taken to expel all persons having the nationality of a particular State; condemns the rejection of international protection application solely based on nationality in certain Member States;

Amendment 169 #

Motion for a resolution
Paragraph 11 b (new)

11b. Deplores that several Member States have maintained internal border controls since 2015 for reasons of terrorism and migration, and that asylum rights have been suspended in some Member States ; Recalls that this practice goes against the main principle of freedom of movement in the Schengen area ;

Amendment 17 #

Motion for a resolution
Citation 23

– having regard to the reports of the EU Agency for Fundamental Rights (FRA), in particular its fundamental rights reports for the year 2022, and 2023, including its country specific reports,

Amendment 170 #

Motion for a resolution
Paragraph 11 c (new)

11c. Welcomes the activation of the EU Temporary Protection Directive following the war on Ukraine, which aims at ensuring access to protection for refugees and asylum seekers of any origin; recalls the importance that access to accommodation, employment, education, healthcare and social welfare services under the TPD takes into account a gender approach; deplores the unequal treatment, racial discrimination and violence faced by non-Ukrainians fleeing the conflict, in particular racialized people such as Roma and Black people, as well as LGBTIQ+ people; deplores the double standards on migrants and refugees in the EU and urges to end this situation;

Amendment 171 #

Motion for a resolution
Paragraph 11 c (new)

11c. Notes that several Member States use national security as a determinant for internal policy, such as migration; stresses that any measures taken on the basis of national security must be necessary and proportionate and not undermine the rights guaranteed by the Charter;

Amendment 172 #

Motion for a resolution
Paragraph 12

12. Deplores that the proposal on the horizontal anti-discrimination directive has remained blocked in the Council for 14 years; recalls the urgent need to extend protection against discrimination beyond employment through a horizontal and intersectional approach; considers that any update of the proposal for a horizontal anti-discrimination Directive by the Commission must build on Parliament’s position, address intersectional discrimination and explicitly prohibit discrimination on any combination of grounds listed in the Charter; regrets that the Council has ignored the requests to unblock the file and the recommendations from Parliament; urges the Council to integrate the recommendations from the Parliament in its mandate and to take all appropriate actions to fight discrimination in the EU;

Amendment 173 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 12

12. Deplores that the proposal on the horizontal anti-discrimination directive has remained blocked in the Council for 14 years; Calls on the Commission to update the proposal for an EU equal treatment directive building on Parliament’s position, by also addressing intersectional discrimination and explicitly prohibiting discrimination in a combination of all grounds as listed in the Charter of Fundamental Rights; calls on the Presidency of the Council to give priority to this directive and to discuss it at the highest political level; stresses the need for concrete measures to promote the adoption of the directive and, if the directive is not adopted, for alternative legislative measures to address discrimination;

Amendment 174 #

Motion for a resolution
Paragraph 12

12. DCalls on the Commission to ensure that the right of non-discrimination and equal treatment is respected across the EU; deplores that the proposal on the horizontal anti-discrimination directive has remained blocked in the Council for 14 years;

Amendment 175 #

Motion for a resolution
Paragraph 12 a (new)

12a. Urges the EU institutions and the Member States to tackle the root causes of structural discrimination and to ensure that the EU anti-discrimination legislation is fully and correctly implemented; calls on the Commission and the Member States to implement measures to address persisting structural inequalities in key areas such as criminal justice system, education, housing, employment, healthcare, goods and services; calls on the Commission to monitor and ensure proper follow-up of the implementation of National Action Plans Against Racism by Member States and the EU anti-racism action plan; further urges the Commission to mainstream anti-racism and anti- discrimination in all EU policies;

Amendment 176 #

Motion for a resolution
Paragraph 12 b (new)

12b. Calls on the Commission and the Member States to tackle anti-Gypsyism in all areas of society through effective legislative and policy measures, both in the Member States and in enlargement countries; calls on the Member States to mainstream the fight against racism and anti-Gypsyism in all of the European Pillar of Social Rights principles, as it is a key structural driver of Romani exclusion; considers that the fight against anti-Gypsyism is a horizontal issue and that it should be taken into account in all relevant areas of EU policy;

Amendment 177 #

Motion for a resolution
Paragraph 12 c (new)

12c. Is concerned that segregation in education remains a significant issue in Europe; calls on Member States to take urgent and appropriate actions to combat segregation in education including to adopt a clear and comprehensive legal framework and to ensure that segregation is explicitly considered as a form of discrimination;

Amendment 178 #

Motion for a resolution
Paragraph 12 d (new)

12d. Recalls the need to pay close attention to digitalisation and the social biases introduced into new technologies; calls on the Commission and the Member States to put in place measures to prevent the risks that new technologies, including AI, have, to prevent that these systems exacerbate discrimination, existing inequalities and poverty; calls on the Commission and the Member states to ensure that AI systems are guided by the principles of transparency, explainability, fairness, and accountability and that independent audit are put in place; further calls on the Commission and the Member States to tackle the gender and diversity gap in ICT and STEM sectors, particularly in the development of new technologies, including AI, and, in particular indecision-making positions;

Amendment 179 #

Motion for a resolution
Paragraph 12 e (new)

12e. Calls on the upcoming Council presidencies to seriously consider establishing a Council configuration on gender equality and equality;

Amendment 18 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Citation 25

– having regard to the UN instruments on the protection of human rights and fundamental freedoms, including the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities, the recommendations and reports of the UN Universal Periodic Review, the case-law of the UN treaty bodies and the special procedures of the Human Rights Council,

Amendment 180 #

Motion for a resolution
Paragraph 13

13. Recalls that gender-based violence is highly prevalent in all Member States across the Union; condemns the backsliding on women’s rights in some Member States, particularly the denial of access to safe and legal abortion; highlights that the ECtHR has ruled that restrictive abortion laws and lack of implementation violates a woman’s right to bodily autonomy and integrity; reiterates its condemnation of Poland’s law which imposes a near total ban on abortion; recalls that citizens who help those to access abortion when it is not freely and legally available should not be persecuted; reiterates its call on the Commission to include the right to abortion in the Charter of Fundamental Rights; welcomes the Commission’s proposal for a Directive to combat Violence Against Women and Domestic Violence; highlights that such Directive should guarantee obligations laid down in the Istanbul Convention as a minimum standard and aim to strengthen these standards to increase the level of protection; welcomes the EU´s accession to the Istanbul Convention;

Amendment 181 #

Motion for a resolution
Paragraph 13

13. Recalls that gender-based violence is highly prevalent in all Member States across the Union; strongly condemns the rapid backsliding on women’s and LGBTIQ+ rights in s~~ome~~everal Member States, ~~particularly the denial of access to safe and legal abortion;~~ including Hungary, Poland, Slovakia, Romania and Italy1m which saw strong political rhetoric against a purported “gender ideology,” and that they amplified in the media and public discourse as well as through efforts to adopt laws specifically targeting LGBT people and women’s rights; strongly condemns as well, the denial of access to safe and legal abortion and recalls that the denial of safe and legal abortion care is also a form of gender-based violence; underlines that the ECtHR has ruled on several occasions that restrictive abortion laws and the lack of implementation violates the human rights of women; calls on the Member States to decriminalize abortion and to guarantee access to safe and legal abortion and other sexual and reproductive health care without discrimination; _________________ 1m See Human Rights Watch annual report 2023 at https://www.hrw.org/world- report/2023/country-chapters/european- union + COM 2023 RoL report

Amendment 182 #

Alessandra MUSSOLINI

Motion for a resolution
Paragraph 13 – indent 1 (new)

- Notes that the rights of the child are universal and that every child enjoys the same rights, free of discrimination, such as the right to the recognition of parenthood, urges the Member States to register births regardless of how the child was conceived or born and regardless of the child’s type of family, whether children of a single parent, a de facto couple, a married couple or a couple in a registered partnership, including children with same-sex parents or who have been adopted domestically by one or two parents.

Amendment 183 #

Motion for a resolution
Paragraph 13 a (new)

13a. Emphasises the importance of family and family policy in addressing women’s rights issues and demographic issues across the EU, an aging Union population and low fertility rates that are urgent concerns for every Member State; underlines that swift action needs to be taken to address the demographic issue of an aging population by enabling citizens to start families and have multiple children without a heavy financial strain; underlines that this can be encouraged by family support schemes, such as financial schemes, as well as supporting mothers’ return to employment with access to childcare facilities, family-friendly working time arrangements, adequate maternity and paternity leave and social funds, tax breaks and pensions to support families;

Amendment 184 #

Motion for a resolution
Paragraph 13 a (new)

13a. Underlines that persons with disabilities, in particular women with disabilities, continue to face multiple and intersectional discrimination based on their disability and their gender, race, ethnicity, age, religion or belief, sexual orientation, migration status or socioeconomic background; stresses that women and girls with disabilities are particularly subject to gender-based violence, that include physical, sexual, psychological and economic violence; calls on the Commission and the Member States to ensure that mechanisms for reporting violence against persons with disabilities, as well as support services for victims, are put in place and are accessible;

Amendment 185 #

Motion for a resolution
Paragraph 13 a (new)

13a. Welcomes the Directive on gender- based violence and calls for the swift conclusion of the negotiations; considers however that in order to fully complete the legislative framework to address all forms of gender-based violence it is imperative to extend the areas of crime in accordance with Article 83(1) TFEU to include gender-based violence; urges the Commission to take into account the repeated calls from the Parliament and to present a proposal to include gender- based violence in the list of EU crimes;

Amendment 186 #

Motion for a resolution
Paragraph 13 a (new)

13a. Recalls that everyone has the right to education, with the guarantee of the right to equal opportunities in access to and success in schooling; deplores the situation of Roma children in several Member States in which this right is denied to them and calls on them to take an immediate remedy effective measures;

Amendment 187 #

13a. Welcomes the European Union’s ratification of the Istanbul Convention which will enter into force on 1 October 2023; calls on Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia to ratify the Convention in order to protect women against violence;

Amendment 188 #

Motion for a resolution
Paragraph 13 b (new)

13b. Welcomes the Commission’s proposal for a Regulation aimed at harmonising at EU level the rules of private international law relating to parenthood; considers it a major step forward for bringing legal security to children of LGBTIQ+ parents in cross- border situations to have their family life protected and recognised across the EU; recalls the urgent need to ensure mutual recognition of parenthood for same-sex couples;

Amendment 189 #

Motion for a resolution
Paragraph 13 b (new)

13b. calls on all Member States to make forced sterilisation punishable as a criminal offence; calls on the EU institutions to ensure that the Directive on Combatting violence against women and domestic violence includes forced sterilisation as a criminal offence on the basis of the crime of sexual exploitation of women and children under Article 83(1) TFEU;

Amendment 19 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Citation 25 a (new)

– having regard to the UN 2030 Agenda for Sustainable Development,

Amendment 190 #

Motion for a resolution
Paragraph 14

14. Recalls that hate crimes and hate speech motivated by racism, xenophobia, religious intolerance or a person’s disability, sexual orientation, gender identity, gender expression and sex characteristics are extreme examples of discrimination; notes that EU Member States have a duty to combat and investigate hate crime, punish perpetrators and take preventive measures; stresses the need for appropriate recording of hate crimes by law enforcement authorities to better understand the nature and prevalence of the phenomenon and its impact on victims;

Amendment 191 #

Motion for a resolution
Paragraph 14

Amendment 192 #

Motion for a resolution
Paragraph 14

14. Recalls that hate crimes and hate speech motivated by racism, xenophobia, religious intolerance or a person’s ethnic origin, disability, sexual orientation, gender identity, gender expression and sex characteristics are extreme examples of discrimination;

Amendment 193 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 14 a (new)

14a. Condemns the increasing number of cases of discrimination, hate crime and violence against people belonging to the LGBTIQ+ community, such as the recent killings of Matúš Horváth and Juraj Vankulič on 12 October 2022 outside the well-known gay bar in central Bratislava, Slovakia; strongly condemns any type of smear campaigns, hate speech and verbal attacks against LGBTIQ+ people;

Amendment 194 #

Motion for a resolution
Paragraph 15

15. Welcomes the Commission’s initiative to extend the list of EU crimes in Article 83(1) TFEU to hate speech and hate crimes, highlighting the need to ensure a robust EU criminal law response to hate speech and hate crime on all grounds; deplores the delayed approval of the initiative, and reiterates its call on the Council to work diligently towards a consensus;

Amendment 195 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on the Commission to effectively monitor the implementation of the measures contained in the various equality strategies, such as the EU LGBTIQ+ Equality Strategy 2020-2025, the EU Gender Equality Strategy 2020- 2025, the Strategy on Roma Equality and Inclusion, as well as the EU anti-racism action plan 2020-2025; urges the Member States to swiftly draw up and implement national action plans against racism (NAPAR); demands the full implementation and enforcement of existing EU law, including the Racial Equality Directive and the Framework Decision on combating racism and xenophobia;

Amendment 196 #

Maite PAGAZAURTUNDÚA, Jana TOOM, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 15 a (new)

15a. Recalls that European legislation to cover hate speech and hate crimes shall protect human dignity and combat hatred and intolerance whatever their motivation is, so that protection must be universal, with special focus on persons, groups targeted and communities;

Amendment 197 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 15 b (new)

15b. Deplores that discriminatory profiling practices by police persists in the European Union; is deeply concerned about cases of police violence against racialized people in several Member States; calls on the Member States to ensure that people have access to independent and well-functioning police complaints mechanisms capable of launching investigations into cases of police violence, misconduct and abuse and to safeguard the rights of people to document these cases;

Amendment 198 #

Balázs HIDVÉGHI

Motion for a resolution
Paragraph 16

16. Welcomes the fact that the Commission for the first time invoked an isolated violation of Article 2 TEU when it referred the Hungarian ‘child protection law’, which camouflaged other objectives, to the CJEU;deleted

Amendment 199 #

Motion for a resolution
Paragraph 16

Amendment 2 #

Motion for a resolution
Citation 3 a (new)

– Having regard to the fact that the decisions of the Court of Justice of the European Union are mandatory for the member states as long as they do not contravene their national constitutions

Amendment 20 #

Motion for a resolution
Citation 25 b (new)

– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities and other bodies of the Organization for Security and Co- operation in Europe,

Amendment 200 #

Motion for a resolution
Paragraph 16 a (new)

16a. Deplores the tragic loss of life that takes place at Europe's sea borders, in particular in the Mediterranean Sea; recalls that Member States have the obligation under the international law of the sea to assist persons in distress; reiterates its call on Member States to fully abide by their international obligations and standards of relevant of international and Union law; calls in this respect for Member States to ensure effective search and rescue operations and quick disembarkation of persons rescued, including by maintaining nearest safe ports open to NGO vessels; further calls for the respect of right to apply to asylum of all persons rescued by an assesment of individual circumstances on a case-by-case basis; calls on Member States to ensure that asylum seekers have appropriate access to necessary services such as healthcare and education;

Amendment 201 #

Motion for a resolution
Paragraph 16 a (new)

16a. Is deeply concerned by the Polish government’s attempts to revoke the possibility for children belonging to national minorities, particularly the Belarusian minority, to be educated in dedicated schools offering education in the minority language; notes that education is the main tool in maintaining minority languages; stresses that every person belonging to a national minority has the right to education in a minority language and should have the opportunities to receive education in that language; stresses that the continuity of mother-tongue education is vital to the preservation of cultural and linguistic identity; encourages Member State governments to include national minority representatives in deliberations on the organisation of their education systems;

Amendment 202 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 16 a (new)

16a. Is deeply concerned about the increase of poverty, inequalities and social exclusion in the EU; stresses that the long-term economic consequences of the Covid-19 pandemic, as well as the raise in food and energy prices, has severely impacted the rights of people living on low incomes or in poverty, including to an adequate standard of living, to food, to health, to housing, and to social security;

Amendment 203 #

Motion for a resolution
Paragraph 16 a (new)

16a. 22. Welcomes the Commission’s proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood to protect the rights of all children by ensuring that their parental ties established in one Member State are recognised in all EU Member States;

Amendment 204 #

Motion for a resolution
Paragraph 17

17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, paying particular attention to children; form of structural violence and social injustice, which is grounded in gender inequalities, discrimination and unequal chances to access goods and services, and that it leads to the violation of fundamental rights; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, taking into account an intersectional approach and paying particular attention to individuals put in vulnerable situations, such as children, women, racialized and ethnic communities, LGBTIQ+ people, migrants and asylum seekers, people with disabilities, and from socioeconomic disadvantaged backgrounds; welcomes the approval of the European Child Guarantee but considers that more efforts are needed, particularly in the area of social protection1n; _________________ 1n https://www.srpoverty.org/wp- content/uploads/2022/06/EN-Report- NTU.pdf

Amendment 205 #

Motion for a resolution
Paragraph 17

17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights and inequality; calls on the Commission, the Council and primarly the Member States to ~~develop~~effectively implement the policies to reduce poverty, paying particular attention to children; elderly and other social groups, including Roma that often face intergenerational poverty in segregated Roma settlements with with serious ramifications for their physical and mental health and well-being, life opportunities and enjoyment of their fundamental human rights;

Amendment 206 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 17

17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights; calls on the Commission, the Council and the Member States to develop policies to reduce poverty and social exclusion, paying particular attention to children; calls on the Member States to guarantee equal access and opportunities for quality education and employment, as they play a critical role in helping to alleviate inequality and lifting people out of poverty;

Amendment 207 #

Sara SKYTTEDAL

Motion for a resolution
Paragraph 17

17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights; calls on the Commission, the Council and the Member States to develop policies to reduce poverty~~, paying particular attention to children;~~ and to promote economic growth and competitiveness as this is the only way poverty can be combated in the long term; moreover, in the fight against poverty the conditions of children should be the subject of special consideration

Amendment 208 #

Motion for a resolution
Paragraph 17

17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights; highlights the particular vulnerability of children and the impact that poverty has on them and on their physical and psychological development; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, paying particular attention to children;

Amendment 209 #

Alessandra MUSSOLINI

Motion for a resolution
Paragraph 17 – indent 1 (new)

- Notes that, according to UNICEF, some 1.8 billion people are unable to manage menstruation in a dignified manner, and therefore calls on the Member States to tackle period poverty – where people are unable to keep good hygiene by means of dedicated sanitary products – by doing away with VAT on products of that kind.

Amendment 21 #

Motion for a resolution
Citation 25 c (new)

– having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the case-law of the European Court of Human Rights (ECtHR),

Amendment 210 #

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses that the effects of austerity measures have deeply impacted the social fabric of the EU in many Member States and that this continues today – exacerbating already widening inequalities and breaching fundamental rights; calls on the Commission and the Council to make macroeconomic decisions based on the fundamental rights enshrined in the Charter;

Amendment 211 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 17 a (new)

17a. Reiterates, in accordance with the objectives of the European Pillar of Social Rights, the principles of its Action Plan and the introduction of social standards to the European Semester, that macroeconomic policies must be guided not only by economic growth but also by social standards;

Amendment 212 #

Motion for a resolution
Paragraph 18

18. Welcomes the Council Recommendation of 30 January 2023 on adequate minimum income27 ensuring active inclusion as a step forward in implementing principle 14 of the European Pillar of Social Rights; regrets however the lack of concrete measures to overcome structural discriminatory and biased approaches towards vulnerable groups such as women, racialized minorities, Roma, and refugees; calls on the Member States to collect data on minimum income disaggregated for these groups; _________________ 27 OJ C 41, 3.2.2023, p. 1.

Amendment 213 #

Sara SKYTTEDAL

Motion for a resolution
Paragraph 18

18. ~~Welcomes~~Takes not of the Council Recommendation of 30 January 2023 on adequate minimum income~~27 ensuring active inclusion as a step forward in i~~; emphasizes that all EU action in the field of empleoyment~~ing principle 14 of the European Pillar of Social Rights; _________________ 27 OJ C 41, 3.2.2023, p. 1.~~ and social affairs must be based on respect for the Union's widely differing labour market models as well as the principle of subsidiarity;

Amendment 214 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 19

19. Stresses that digitalisation is a transversal process that impacts access to all services, particularly healthcare, and the exercise of fundamental rights; underlines that digital poverty in the EU should be monitored and assessed in relation to access to essential services and fundamental rights, including for elderly people, people living in situations of homelessness, people living in remote areas and Roma people25a; _________________ 25a https://www.eapn.eu/wp- content/uploads/2023/02/eapn-EAPN- Report-2022_Equal-access-to-affordable- quality-essential-services-5639.pdf

Amendment 215 #

Maite PAGAZAURTUNDÚA, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 19

19. Stresses that digitalisation is a transversal process that impacts access to all services, particularly healthcare, and the exercise of fundamental rights; underlines that people with disabilities must have full access to society as laid down in Article 9 of the CRPD; calls on the Member States to comply with the obligations under the CRPD;

Amendment 216 #

Motion for a resolution
Paragraph 19 a (new)

19a. It is deeply concerned by the effects of the digital divide and in particular by the violation of the fundamental rights of people whose digital skills are low or non-existent, such as elderly, people with disabilities and other vulnerable groups; recalls that technological addictions constitute a public health problem that particularly affects minors and their physical and mental integrity;

Amendment 217 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 20

20. Notes that housing is not a commodity, but a necessity, and is a precondition for participating fully in society; calls on Member States to step up investment in social and affordable housing to eradicate the burden of high housing costs, particularly among disadvantaged and vulnerable groups, and to avoid competition between these groups;

Amendment 218 #

Motion for a resolution
Paragraph 20

20. Notes that housing is not a commodity, but a necessity, and is a precondition for participating fully in society; stresses that sustained socio- economic inequalities in areas such as housing, healthcare, employment and education are major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;

Amendment 219 #

Motion for a resolution
Paragraph 20 a (new)

20a. Notes that child poverty is a multidimensional phenomenon stemming from household poverty, meaning that low-income and unemployed families, single-parent families –often made up of women and their children –large families, families living in disadvantaged regions and families from different ethnic or national backgrounds are at greater risk of poverty, therefore this phenomenon requires a structural, complex multidimensional response, which necessarily includes improving employment and job security, guaranteeing and enforcing rights, increasing income, addressing infrastructural deficiencies, expanding transport opportunities especially present in disadvantaged regions and ensuring universal access to quality public services such as education, healthcare, social care, quality housing and essential utilities;

Amendment 22 #

Motion for a resolution
Citation 26

– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence, which opened for signature in Istanbul on 11 May 2011 (‘Istanbul Convention’),deleted

Amendment 220 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 21

21. Welcomes the recognition of the universal right to access to a healthy and sustainable environment by the UN Human Rights Council on 8 October 2021; highlights that environmental impairment and the failure of some public authorities to provide information about serious environmental risks to which individuals are exposed, may have severe harmful consequences for individuals; requests that measures towards achieving a high level of environmental protection and the improvement of the quality of the environment which is enshrined in Article 37 of the Charter, are integrated into the policies of the Union; calls on Member States to reduce their levels of emission, to implement human rights consistent policies and to phase out the use and production of fossil fuels through a just transition;

Amendment 221 #

Motion for a resolution
Paragraph 21

21. Welcomes the recognition of the universal right to access to a healthy and sustainable environment by the UN Human Rights Council on 8 October 2021; notes that according to the European Environment Agency, 307,000 premature deaths resulted from exposure to fine particulate matter air pollution in the Union in 2019 alone; recalls the need for full alignment of the EU ambient air quality standards with the latest WHO guidelines by 2030;

Amendment 222 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 22

22. Welcomes the progress made since the resumption of the negotiations towards EU accession to the ECHR in June 2020 and the provisional agreement on the draft revised accession instruments reached in March 2023; calls on the Commission and the Council to resolve the remaining issue on the situation of EU acts in the area of the Common Foreign and Security Policy as swiftly as possible in order to complete the accession process;

Amendment 223 #

Motion for a resolution
Paragraph 22

22. Welcomes the progress made since the resumption of the negotiations towards EU accession to the ECHR in June 2020 and the provisional agreement on the draft revised accession instruments reached in March 2023; recalls that the EU's accession to the European Convention on Human Rights (ECHR) is an obligation under Article 6(2) TEU and urges to speed up the negotiations;

Amendment 224 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 23

23. Supports the FRA’s work on analysing data in order to document discrimination and welcomes further developments in this field; welcomes the Commission’s proposals for two directives on standards for equality bodies, aiming to ensure ~~better~~the implementation and enforcement of EU anti-discrimination rules, which should complement FRA’s work in documenting discrimination, including structural discrimination, as well as to provide support and assistance to the victims of discrimination;

Amendment 225 #

Motion for a resolution
Paragraph 23

23. Supports the FRA’s work on analysing data in order to document discrimination and welcomes further developments in this field; calls on national bodies cooperating with FRA to provide impartial data; calls on the FRA to consult additional sources when serious concerns persist on the quality of data; welcomes the Commission’s proposals for two directives on standards for equality bodies, aiming to ensure better implementation and enforcement of EU anti-discrimination rules;

Amendment 226 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 23 a (new)

23a. Highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States, the European Anti-Fraud Office and the European Public Prosecutor’s Office; calls on the Commission to present a report assessing the possibility and modalities to extend the mandate of the EPPO, as provided for in Article 86 TFEU, to include serious environmental crimes that are detrimental to the interests of the Union or affect the consistent application of EU policies related to the protection of the environment;

Amendment 227 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 23 b (new)

23b. Calls to establish the FRA as an independent human rights authority, similar to national human rights institutions and in line with the UN General Assembly’s Paris Principles of 1993, to protect and promote the Charter policies and practices from Union institutions, bodies, offices and agencies, and from Member States when implementing Union law; considers that this requires a legal basis in the Treaties for the setting up of a European Union Authority for Fundamental Rights, enshrining its independence and introducing the ordinary legislative procedure for adopting and amending its mandate; calls to entitle this new Authority to bring actions under Article 263 TFEU on grounds of infringement of the Charter; calls to include in its mandate the power to handle complaints and mandatory consultation by the Commission of the FRA when preparing proposals for legislative acts or recommendations which have an impact on fundamental rights;

Amendment 228 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Paragraph 24

24. Recalls the importance of the relevant CJEU case-law upholding the respect for fundamental rights and further defining the rule of law; is concerned by the persistent refusal of some Members States, notably Hungary and Poland, to implement domestic, CJEU and ECtHR judgements, which contributes to the erosion of the rule of law; stresses that the non-implementation of judgments can lead to human rights violations being left without remedy; highlights that the primacy of EU constitutes the bedrock of the EU’s legal order; deplores that Poland undermines the primacy of EU law in order to avoid compliance with judgements of the CJEU;

Amendment 229 #

Motion for a resolution
Paragraph 24

24. Recalls the importance of the relevant CJEU case-law upholding the respect for fundamental rights and further defining the rule of law; calls on the Member States to fully implement and comply with CJEU case-law and on the Commission to ensure adequate follow- up;

Amendment 23 #

Jana TOOM, Anna Júlia DONÁTH, Maite PAGAZAURTUNDÚA, Fabienne KELLER

Motion for a resolution
Citation 26

Amendment 230 #

Motion for a resolution
Paragraph 24 a (new)

24a. Stresses the role of national and local administrations, the Member States’ parliaments and law enforcement authorities in promoting and protecting Charter rights; underlines the need for Member States to implement the Strategy to strengthen the application of the Charter of Fundamental Rights in the EU; notes in this regard the FRA observation that Member States appear to lack a structured engagement with the implementation of the Charter Strategy, such as definitions of clear targets, milestones and timelines; calls on the Member States to fully implement the Strategy;

Amendment 231 #

Jana TOOM, Anna Júlia DONÁTH, Maite PAGAZAURTUNDÚA, Fabienne KELLER

Motion for a resolution
Paragraph 24 a (new)

24a. Is concerned that plans to create new laws and policies, at national and EU level, are not always shared with the public and sometimes little or no time is left for public consultation; recalls that the right to participate in democratic live and the obligation to ensure that decisions are taken as openly and as close to citizens as possible is protected under the Treaties which all Member States are bound to; calls on the EU Institutions and the Member States to ensure transparency and to publish public documents in a proactive manner;

Amendment 232 #

Motion for a resolution
Paragraph 24 b (new)

24b. Stresses that the Charter is a legally binding instrument addressed to the Member States only when they are implementing EU law; emphasizes that the limited scope of the Charter insufficiently protects fundamental rights and creates unclarity for persons whose rights have been breached; calls on the Member States to remove Article 51 from the Charter during the next Treaty revision, to ensure that fundamental rights are fully guaranteed throughout the entirety of the EU;

Amendment 24 #

Motion for a resolution
Citation 26 a (new)

– having regard to the European Parliament legislative resolution of 10 May 2023 on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regards to institutions and public administration of the Union,

Amendment 25 #

Motion for a resolution
Citation 26 a (new)

– having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,

Amendment 26 #

Motion for a resolution
Citation 26 b (new)

– having regard to the European Parliament legislative resolution of 10 May 2023 on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regards to matters related to judicial cooperation in criminal matters, asylum and non-refoulement,

Amendment 27 #

Motion for a resolution
Citation 26 c (new)

– having regard to the European Parliament resolution of 15 January 2019 on gender equality and taxation policies in the EU,

Amendment 28 #

Motion for a resolution
Citation 28 a (new)

– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU,

Amendment 29 #

Motion for a resolution
Citation 28 a (new)

– – having regard to the European Social Charter,

Amendment 3 #

Motion for a resolution
Citation 3 a (new)

– Inter alia - D.H. and Others v. the Czech Republic - Judgment of the Court from 13.11.2007 on placing Roma children in special schools

Amendment 30 #

Motion for a resolution
Citation 28 b (new)

– having regard to the European Pillar of Social Rights, including its third principle on equal opportunities, and to the Commission communication of 4 March 2021 on the European Pillar of Social Rights Action Plan’ (COM(2021)0102)

Amendment 31 #

Motion for a resolution
Citation 28 c (new)

– having regard to the statements, recommendations and reports of the Council of Europe Commissioner for Human Rights,

Amendment 32 #

Motion for a resolution
Citation 28 d (new)

– having regard to the recommendations and reports of the Council of Europe, in particular of the Venice Commission, the European Commission against Racism and Intolerance (ECRI), GREVIO and GRECO,

Amendment 33 #

Motion for a resolution
Citation 28 e (new)

– having regard to its resolution of 17 September 2020 entitled ‘The implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe’1aa; _________________ 1aa OJ C 385, 22.9.2021, p. 104.

Amendment 34 #

Motion for a resolution
Citation 29 a (new)

– having regards to its resolution of 5 October 2022 on the situation of Roma people living in settlements in the EU (2022/2662(RSP))

Amendment 35 #

Motion for a resolution
Citation 32 a (new)

– having regard to its resolution of 13th of July 2023 on Public access to documents - annual report for the years 2019-2021

Amendment 36 #

Motion for a resolution
Citation 33

~~– having regard to its resolution of 10 March 2022 on the rule of law and the consequences of the ECJ ruling15 , _________________ 15 OJ C 347, 9.9.2022, p. 168.~~deleted

Amendment 37 #

Motion for a resolution
Citation 34 a (new)

– having regard to the report and recommendation of 22 May 2023 on the investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware

Amendment 38 #

Motion for a resolution
Citation 34 a (new)

– having regard to its resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary1a _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0204_EN.html

Amendment 39 #

Motion for a resolution
Citation 35

~~– having regard to its resolution of 9 June 2022 on the rule of law and the potential approval of the Polish national recovery plan (RRF)16 , _________________ 16 OJ C 493, 27.12.2022, p. 108.~~deleted

Amendment 4 #

Motion for a resolution
Citation 4

– having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget2 (the Rule of Law Conditionality Regulation), _________________ 2 OJ L 433I , 22.12.2020, p. 1.deleted

Amendment 40 #

Motion for a resolution
Citation 37

– having regard to its resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded18 , _________________ 18 OJ C 125, 5.4.2023, p. 463.deleted

Amendment 41 #

Balázs HIDVÉGHI

Motion for a resolution
Citation 37

Amendment 42 #

Motion for a resolution
Citation 38 a (new)

– having regard to its decision of 18 October 2022 on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 20201b _________________ 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0362_EN.html

Amendment 43 #

Motion for a resolution
Citation 38 b (new)

– having regard to its resolution of 10 November 2022 on racial justice, non- discrimination and anti-racism in the EU1c, _________________ 1c https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0389_EN.html

Amendment 44 #

– having regard to its resolution of 20 October 2022 on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia1d, _________________ 1d https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0372_EN.html

Amendment 45 #

Motion for a resolution
Citation 38 d (new)

– having regard to its resolution of 13 December 2022 towards equal rights for persons with disabilities1e, _________________ 1e https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0435_EN.pdf

Amendment 46 #

Motion for a resolution
Citation 41 a (new)

– having regard to its resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds1f, _________________ 1f https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0216_EN.html

Amendment 47 #

Motion for a resolution
Citation 41 b (new)

– having regard to its recommendation of 15 June 2023 to the Council and the Commission following the investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware1g, _________________ 1g https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0244_EN.html

Amendment 48 #

Motion for a resolution
Citation 42

~~– having regard to European Parliament resolution of 11 November 2021 on the first anniversary of the de facto abortion ban in Poland23 , _________________ 23 OJ C 205, 20.5.2022, p. 44.~~deleted

Amendment 49 #

Motion for a resolution
Citation 43

– having regard to its resolution of 7 July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s health in the EU24 , _________________ 24 OJ C 47, 7.2.2023, p. 268.deleted

Amendment 5 #

Motion for a resolution
Citation 8 a (new)

– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin ( 1 ) (the Racial Equality Directive) and ongoing infringement proceedings launched by the Commission based on this Directive against several Member States, out of which one has been reffered by the Commission to the Court of Justice

Amendment 50 #

Motion for a resolution
Citation 47 a (new)

– having regard to the report of the Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware (A9-0189/2023), 26a _________________ 26a P9_TA(2023)0244.

Amendment 51 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital A

A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights, ~~as set out in Article 2 TEU and the Charter; whereas these values should be shared by Member States~~including the rights of persons belonging to minorities, as set out in Article 2 TEU and the Charter, and embedded in international human rights treaties; whereas these values should be shared and complied with by Member States; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance;

Amendment 52 #

Motion for a resolution
Recital A

A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights, as set out in Article 2 TEU and the Charter; whereas these values should be shared by Member States and should be upheld and actively promoted by the EU and Member States in their internal and external action; whereas in recent years some Member States have shown worrying decline in respect for those values; ;

Amendment 53 #

Motion for a resolution
Recital A

A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights, ~~as set out in Article 2 TEU and the Charter~~including the rights of persons belonging to minorities, as set out in Article 2 TEU and as reflected in the Charter and embedded in international human rights treaties; whereas these values should be shared, protected and promoted by Member States and the EU;

Amendment 54 #

Motion for a resolution
Recital A

A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights, including the rights of persons belonging to minorities, as set out in Article 2 TEU and the Charter; whereas these values should be shared by Member States;

Amendment 55 #

Motion for a resolution
Recital A a (new)

Aa. Whereas the Commission has blatantly violated the transparency principle and negotiated with the pharmaceutical companies contracts regarding the manufacturing of theanti- Covid-19 vaccines, which, to this day, are not fully published;

Amendment 56 #

Motion for a resolution
Recital A a (new)

Aa. whereas free, independent and transparent elections are a pillar of democracy;

Amendment 57 #

Motion for a resolution
Recital A b (new)

Ab. Whereas the European Ombudsman has conducted an investigation at the end of 2021 regarding the Commission President Ursula von der Leyen and the Pfizer's CEO Albert Bourla about the exchange of personal texts and calls related to the procurement of COVID-19 vaccines, which the Commission has refused to disclose afterwards; whereas the Ombudsman found that this behaviour constituted maladministration, as the exchanges took place in the context of negotiations on a contract for the procurement of vaccines that was later concluded1a _________________ 1a https://www.ombudsman.europa.eu/en/rec ommendation/en/151678

Amendment 58 #

Motion for a resolution
Recital A b (new)

Ab. whereas the increasing spread of disinformation poses threat to democratic functioning of the Union; whereas reducing information manipulation is a matter of public interest; whereas disinformation reduces the ability of citizens to take informed decisions and participate freely in democratic processes; whereas independent and pluralistic media are a powerful tool in fighting disinformation;

Amendment 59 #

Motion for a resolution
Recital A c (new)

Ac. Whereas the European Public Prosecutor's Office has announced on the 14th of October 2022 that there is an ongoing investigation into the acquisition of COVID-19 vaccines in the EU and the fact that the exceptional confirmation comes after the extremely high public interest into the matter;

Amendment 6 #

Motion for a resolution
Citation 12

~~– having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),~~deleted

Amendment 60 #

Motion for a resolution
Recital A d (new)

Ad. Whereas transparency is one of the key founding elements of the European Union and, despite this fact, the European Commission had not disclose the name of authors of none of the Rule of law reports, which raises doubts about the objectivity, accuracy and professionalism of these reports;

Amendment 61 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital B

B. whereas media freedom, pluralism, independence and the safety of journalists are crucial components of the right of freedom of expression and information and are essential to the democratic functioning of the EU and its Member States; whereas in recent years, journalists and other media actors in ~~Europe and abroad have increasingly come under threat;~~ many Member States and abroad are increasingly subject to threats, undue pressure, intimidation, violence and other forms of interference with their work; whereas the alarming situation as regards threats and attacks is not exclusively limited to professional journalists and other traditional media actors; whereas the definition of media actors has expanded as a result of new forms of media in the digital age and it therefore includes others who contribute to public debate and who perform journalistic activities or fulfil public watchdog functions;

Amendment 62 #

Motion for a resolution
Recital B

Amendment 63 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital B

Amendment 64 #

Motion for a resolution
Recital B a (new)

Ba. whereas government bodies in some Member States and third countries have used Pegasus and other surveillance spyware against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors, for political and even criminal purposes; whereas such practices are extremely alarming and underscore the risk of abuse of surveillance technologies to undermine fundamental rights and democracy;

Amendment 65 #

Motion for a resolution
Recital B a (new)

Ba. whereas government bodies in several EU Member States have used Pegasus and equivalent surveillance spyware against journalists, politicians, civil societies and other actors for political purposes; whereas this type of spyware misuse undermines fundamental human rights, democracy and electoral processes;

Amendment 66 #

Motion for a resolution
Recital C

Amendment 67 #

Motion for a resolution
Recital C

C. whereas corruption is a serious threat to democracy and the rule of law; whereas there are persistent and serious concerns about the fight against corruption in some Member States; whereas the mechanisms to stop corruption are weak in several Member States and the lack of protection given to whistleblowers continues to be a widespread deficiency; whereas the Rule of Law Conditionality Regulation aims to protect the Union budget against breaches of rule of law principles;

Amendment 68 #

Motion for a resolution
Recital D

D. whereas the independence of the judiciary - an essential requirement for the democratic principle of separation of powers and central to guaranteeing respect for fundamental rights - is facing serious threats or is even being structurally undermined in ~~some~~an increasing number of Member States;

Amendment 69 #

Motion for a resolution
Recital D a (new)

Da. whereas many instances of disproportionate use of force against demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States are increasingly using less lethal weapons, such as batons, tear gas, hand-held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of less lethal weapons is particularly striking;

Amendment 7 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Citation 14

~~– having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698),~~deleted

Amendment 70 #

Motion for a resolution
Recital D a (new)

Da. whereas the Court of Justice recalled25a that the right to freedom of association enshrined in Article 12(1) of the Charter is one of the essential bases of a democratic and pluralist society, as it allows citizens to act collectively in fields of mutual interest and in doing so to contribute to the proper functioning of public life; whereas increasingly violent attacks against the right to assembly and association through the disproportionate use of force against peaceful demonstrators have been reported in some Member States; _________________ 25a Commission v. Hungary (Transparency of association), Case C- 78/18, EU:C:2020:476

Amendment 71 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital D b (new)

Db. whereas the use of excessive force by law enforcement authorities in France is extremely worrying; whereas French police are more heavily armed than police elsewhere in the European Union; whereas the LBDs, or riot guns firing rubber bullets are a big part of the reason for severe injuries and killings; whereas arbitrary detentions in demonstrations are also a usual practice by law enforcement authorities in France, which constitute a violation of the right to liberty, as most of the detainees are released within a few hours without any charges;

Amendment 72 #

Motion for a resolution
Recital D b (new)

Db. whereas some Member States imposed restrictions with the deliberate aim of limiting civic space; whereas the civic space in many Member States faces legal, administrative, and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs, activists and human rights defenders and draining their capacity to carry out their legitimate work;

Amendment 73 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital E

E. whereas, in March 2023, the Council of Europe Commissioner for Human Rights assessed the situation of human rights defenders in Europe as having deteriorated alarmingly; whereas human rights defenders face numerous obstacles in their work, including: legal and administrative restrictions impeding the registration of NGOs and their access to funding, excessive financial and reporting requirements, judicial harassment, smear campaigns, threats and intimidation, abusive control and surveillance, confiscation and destruction of working materials, unlawful arrest or detention and ill-treatment; whereas in some cases, human rights defenders are kidnapped or even killed; whereas the absence of effective investigations into violations committed by state and non- state actors against human rights defenders targeted because of their human rights work remains a major concern; whereas this results in the impunity of perpetrators and the recurrence of violations; whereas the work of human rights defenders is essential for the advancement of human rights, democracy and the rule of law, and it is also instrumental in defending victims of human rights violations and ensuring their access to redress and remedy;

Amendment 74 #

Motion for a resolution
Recital E

E. whereas, in March 2023, the Council of Europe Commissioner for Human Rights assessed situation of human rights defenders in Europe as having deteriorated alarmingly, and governments increasingly tend to disregard their human rights commitments, prioritising national security and public safety concerns over human rights; whereas the Commissioner , reported increasing restrictions on their ability to work freely and safely, as well as various forms of reprisals, including judicial harassment, prosecution, abusive controls and surveillance, smear campaigns, threats and intimidation in Member States and neighbouring countries; whereas this undermines democracy, and is part of a wider problem of polarisation in society characterised by increasing expression of hate and violence against different social or minority groups;

Amendment 75 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital E a (new)

Ea. whereas journalists, media outlets and bloggers, human rights defenders, as well as civil society organizations, activists, trade unions, artists, researchers, whistleblowers, and politicians increasingly face threats, harassment, abusive lawsuits, and other forms of intimidation on account of their engagement in public participation;

Amendment 76 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital F

F. whereas there have been multiple incidents of migrant deaths and human rights violations at European borders due to ineffective management and disproportionate use of force by the authorities; whereas increasing amounts of technology, including artificial intelligence, are being used to monitor migrants at external and internal borders of the EU; whereas the criminalisation of solidarity continues to be used as a tool to disrupt the work of NGOs trying to save lives in the Mediterranean Sea;

Amendment 77 #

Motion for a resolution
Recital F

F. whereas there have been multiple incidents of migrant deaths and human rights violations at European borders due to ineffective management and disproportionate use of force by the authorities; whereas the Court of Justice recalled that third country nationals can only be imprisoned when there is a specific legal basis to restrict their right to liberty and not when there is only a general criterion25b; _________________ 25b [1] Judgment of the Court (Second Chamber) of 6 October 2022. I. L. v Politsei- ja Piirivalveamet

Amendment 78 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital F a (new)

Fa. whereas after countless reports from journalists, NGOs, recommendations from the EU Ombudsman and the FSWG, and the investigations launched by OLAF regarding systemic problems in Frontex, internal dysfunctions and allegations of cover ups of fundamental rights violations, including pushbacks, the Parliament decided to reject the granting of the 2020 discharge; whereas the former director of Frontex was forced to resign after the findings of the OLAF report; whereas all EU Agencies must comply with fundamental rights and be accountable where there are instances of fundamental rights violations;

Amendment 79 #

Motion for a resolution
Recital G

G. whereas there has been an organised backlash against women’s and girls’ rights in recent years, where some Member States have sought to roll back on sexual and reproductive health and rights, such as existing legal protections for women’s access to abortion care; whereas in some Member States the denial of safe and legal abortion has led to the death of a number of women in recent years; whereas the prevalence of gender-based violence, including sexual violence and rape remains, high across the European Union; whereas some Member States have still not ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention);

Amendment 8 #

Motion for a resolution
Citation 14 a (new)

– having regard to its resolution of 18 October 2022 on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia

Amendment 80 #

Motion for a resolution
Recital G

G. whereas there has been an organised backlash against women’s and girls’ rights in recent years; whereas the prevalence of gender-based violence, including sexual violence and rape remains, high across the European Union; whereas progress on sexual education is being challenged at a fundamental level in some Member States;

Amendment 81 #

Motion for a resolution
Recital G a (new)

Ga. whereas gender-based violence is rooted in gender stereotypes, heteropatriarchal structures, power asymmetries as well as structural and institutional inequalities; whereas, under the Istanbul Convention, gender is defined as ‘the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men’; whereas gender-based violence affects all areas of society;

Amendment 82 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital H

H. whereas the prevalence of discrimination on the grounds of racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole; , in particular individuals from disadvantaged socioeconomic backgrounds, in different Member States; whereas racial and ethnic minorities face systemic racism, hate- crime and hate-speech, lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality; whereas antisemitism, anti- Gypsyism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole; whereas according to FRA, systemic racism is widespread in the EU, including within law enforcement1h; whereas intersectional discrimination must be taken into account in policies and measures to combat racism and discrimination; _________________ 1h http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2023-fundamental-rights- report-2023_en_1.pdf

Amendment 83 #

Motion for a resolution
Recital H

H. whereas FRA survey data show that the prevalence of discrimination on the grounds of racial or ethnic origin (including Roma, Muslims, jewish people and people of African descent) remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole;

Amendment 84 #

Motion for a resolution
Recital H

H. whereas the prevalence of discrimination on the grounds of racial or ethnic origin remains ~~consistently high, both over time and across different population groups in different~~an issue in different Member States, this being especially palpable among already disadvantaged groups living in poverty and social isolation; whereas discrimination of national and linguistic minorities is also a significant issue in some Member States; whereas antisemitism, antigypsism, islamophobia and racism are persistent forms of hatred and discrimination; ~~whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole;~~

Amendment 85 #

Motion for a resolution
Recital H

H. whereas the prevalence of discrimination on the grounds of racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia ~~and racism are~~, antigypsyism and other forms of racism represent persistent forms of hatred and discrimination; whereas far- right extremism poses a particular threat to persons affected by discrimination and to society as a whole;

Amendment 86 #

Motion for a resolution
Recital H

H. whereas the prevalence of discrimination on the grounds of linguistic and racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole;

Amendment 87 #

Motion for a resolution
Recital H a (new)

Ha. whereas persons with disabilities living in the EU continue to face discrimination, including the denial of reasonable accommodation, harassment and multiple and intersectional forms of discrimination in all areas of their lives, including socio-economic disadvantages, social isolation, maltreatment and violence, including gender-based violence, forced sterilisation and abortion, lack of access to community services, low-quality housing, institutionalisation, inadequate healthcare and denial of the opportunity to contribute and engage actively in society;

Amendment 88 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital H a (new)

Ha. whereas a significant part of Romani people in Europe live in extremely precarious conditions in both rural and urban areas, and in very poor socio-economic circumstances; whereas most Romani people are deprived of their fundamental human rights in all areas of life;

Amendment 89 #

Motion for a resolution
Recital I

I. whereas discrimination and violence against LGBTIQ+ people across the EU persists; whereas LGBTIQ+ persons still face discrimination and exclusion in several Member States regarding social protection, social security, access to healthcare, education, legal protection and access to and supply of goods and other services which are available to the public, including housing; whereas CJEU case law which protects social rights and the private life of same- sex couples and children born to same-sex parents is not being implemented, such as the Coman case (C-673/16) and Baby Sara case (C-490/20); whereas surgeries and medical treatments are performed on intersex children without their prior, personal, full and informed consent; whereas intersex genital mutilation can have lifelong consequences, such as psychological trauma and physical impairments;

Amendment 9 #

Motion for a resolution
Citation 16 a (new)

– having regard to the Council Recommendation of 12 March 2021 on Roma equality, inclusion and participation (2021/C93/01) of 12 March 2021,

Amendment 90 #

Motion for a resolution
Recital I

I. whereas the continuous trend of increasing discrimination, hate speech and violence against LGBTIQ+ people and LGBTIQ+ rights defenders across the EU persists; whereas LGBTIQ+ persons still face discrimination and exclusion in several Member States; whereas cases of online and offline harassment, violent assaults, hate campaigns and death threats against LGBTIQ+ people have been reported in several Member States;

Amendment 91 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital J

J. whereas incidents of ~~hate speech~~racist crimes and hate speech, online and offline, have steadily increased within the EU over the last few years26 , largely due to the increasing numbers of social media users and the fact that hate speech thrives online; whereas the business model of social media platforms, based on micro-targeted advertising, plays a role in spreading and amplifying hate speech inciting discrimination and violence; whereas there is the need to ensure that education systems provide digital education, literacy and skills for everyone which are key to promoting users’ understanding of digital technologies, overcoming inequalities, improving digital inclusion and empowering and protecting individuals and their rights online and offline; whereas the development of digital education, literacy and skills should equip individuals to promote a safe digital space as well as to manage their responsibilities when interacting within it, which is instrumental in order to prevent online hate speech; whereas hate speech can lead to hate crime; _________________ 26 At a glance briefing ‘Combating hate speech and hate crime in the EU’, European Parliamentary Research Service, June 2022.

Amendment 92 #

Motion for a resolution
Recital J

J. whereas incidents of hate speech have steadily increased within the EU over the last few years26 , largely due to the increasing numbers of social media users and the fact that hate speech thrives online; whereas hate speech can lead to hate crime; whereas according to the FRA, up to nine in ten hate crimes and hate-motivated attacks in the EU are not reported and are therefore not sanctioned; _________________ 26 At a glance briefing ‘Combating hate speech and hate crime in the EU’, European Parliamentary Research Service, June 2022.

Amendment 93 #

Motion for a resolution
Recital J a (new)

Ja. whereas hate speech and hate crimes disproportionately affect women; whereas young women, Roma women, women from ethnic backgrounds, women in poverty and women in the public sphere are targeted by hate speech in particular; whereas women belonging to vulnerable groups such as ethnic minorities living in poverty and social exclusion experience exacerbated discrimination hate speech and hate crimes with hate and disparaging language being a daily occurrence for these women;

Amendment 94 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital J a (new)

Ja. whereas Article 21 of the Charter of Fundamental Rights of the EU prohibits any discrimination based on language or membership of a national minority; whereas Article 22 thereof guarantees the respect of linguistic diversity;

Amendment 95 #

Motion for a resolution
Recital K

K. whereas the EU is based on the promotion of social, cultural and economic rights; whereas the number of people still living in poverty in the EU is high, with more than one in five children at risk of poverty and almost one European out of four is at risk of poverty or social exclusion; whereas the poverty cycle exacerbates other inequalities such as a person’s access to education, health and employment particularly when there is a shortage of funding to provide access to services such as affordable housing; whereas the energy crisis and inflation increased the number of people affected by insecurity, poverty and social exclusion;

Amendment 96 #

Katarina BARLEY, Pietro BARTOLO, Sylvie GUILLAUME, Thijs REUTEN

Motion for a resolution
Recital K

K. whereas the EU is based on the promotion of social, cultural and economic rights; whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; whereas the European Pillar of Social Rights and the implementation of its Action Plan are key instruments to mainstream social priorities across all EU policies and a guide for the actual implementation of its 20 principles;

Amendment 97 #

Motion for a resolution
Recital L

L. whereas the EU accession to the European Convention on Human Rights (ECHR) is an obligation under Article 6(2) TEU and remains a high priority; whereas it is part of a broader prospect for an enhanced protection of fundamental rights, democracy and the rule of law in the EU; whereas Member States and EU institutions and bodies including the European Court of Justice, the Fundamental Rights Agency of the EU (FRA) and the European Public Prosecutor’s Office (EPPO) have all a crucial role to play in upholding EU values and fundamental rights;

Amendment 98 #

Motion for a resolution
Recital L a (new)

La. whereas the situation in Romani settlements is in violation of human and fundamental rights as enshrined in the EU Treaties, the European Convention on Human Rights, the EU Charter of Fundamental Rights, the European Social Charter, the UN Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights, as well as of the principles recognised in the European Pillar of Social Rights; whereas it is alarming that these rights are not being respected in practice especially with regard to Romani people living in settlements;

Amendment 99 #

Motion for a resolution
Recital L a (new)

La. whereas fatalities at Europe's sea borders decreased slightly in 2022 compared to 2021, but still remained higher than in the three years prior to 202126a; whereas most deaths occurred in the central Mediterranean, off North African coasts26b; _________________ 26a Fundamental Rights Report - 2023, Fundamental Rights Agency, p. 148 26b Fundamental Rights Report - 2023, Fundamental Rights Agency, p. 148

source: 751.823

2023/09/04 AFCO 44 amendments...

Amendment 1 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 1

1. ~~Calls for~~Welcomes the progress made on the negotiations towards the EU’s accession to the European Convention on Human Rights ~~to be finalised~~(ECHR), as required by the Treaty of Lisbon, and the recent provisional agreement of the draft revised accession instruments reached; calls for the accession to be finalised as soon as possible in order to complete and strengthen the protection of fundamental rights of EU citizens and for the EU to accede to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;

Amendment 10 #

Draft opinion
Paragraph 3 b (new)

3b. Invites the Commission and the Member States to further involve and inform local and regional authorities as well as civil society actors in the implementation of the Charter; recalls that according to the FRA fundamental rights report 2022, the local level still has room for improvement in the protection and promotion of fundamental rights;

Amendment 11 #

Victor NEGRESCU

Draft opinion
Paragraph 4

4. Takes note of the Council of Europe’s report of 6 October 2022 entitled ‘Freedom of political speech: an imperative for democracy’; stresses that freedom of expression in the EU must not be limited by the interests, constitutional framework or political choices of a Member State; reiterates the need for a mechanism for democracy, the rule of law and fundamental rights, which should be established through an interinstitutional agreement; stresses that the EU must also prioritise the education and awareness of its citizens regarding their fundamental rights, ensuring that they are well- informed and empowered to exercise these rights.

Amendment 12 #

Draft opinion
Paragraph 4

4. Takes note of the Council of Europe’s report of 6 October 2022 entitled ‘Freedom of political speech: an imperative for democracy’; stresses that freedom of expression in the EU must not be limited by the interests, constitutional framework or political choices of a Member State; reiterates the need for a single and coherent monitoring system for democracy, rule of law and fundamental rights in the EU that would establish an annual monitoring cycle and therefore insists on the need for a mechanism for democracy, the rule of law and fundamental rights, which should be established through an interinstitutional agreement;

Amendment 13 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 4

4. Takes note of the Council of Europe’s report of 6 October 2022 entitled ‘Freedom of political speech: an imperative for democracy’ ; stresses th~~at freedom of expression in the EU must not b~~e importance of media pluralism and freedom of expression; stresses the need to ensure the limited by the interests, constitutional framework or political choices of a Member State; reiterates the need for a mechanism for democracy, the rule of law and fundamental rights, which should be established through an interinstitutional agreementpartiality and effective independence of national regulatory authorities from governments; strongly condemns unjustified and disproportionate interference by these authorities into journalistic expression and editorial decisions in some Member States; welcomes in this regard the proposal for an European Media Freedom Act and calls for its swift approval;

Amendment 14 #

Draft opinion
Paragraph 4

Amendment 15 #

Draft opinion
Paragraph 4

4. Takes note of the Council of Europe’s report of 6 October 2022 entitled ‘Freedom of political speech: an imperative for democracy’; stresses that freedom of expression in the EU must not be limited by the interests, constitutional framework or political choices of a Member State; reiterates in the light of these developments the need for afurther mechanism ~~for democracy, the rule of law and fundamental rights, which should be established through an interinstitutional agreement~~s to safeguard the freedom of expression in the European Union;

Amendment 16 #

Draft opinion
Paragraph 4 a (new)

4a. Takes note of the Council of Europe's report from June 2022 entitled 'Pegasus spyware and its impacts on human rights'; expresses deep concern on its conclusion that Pegasus spyware has or potentially could have detrimental effects on human rights and fundamental freedoms, including the right to dignity, freedom of assembly, freedom of religion, and even the physical and psychological integrity of an individual; calls on the Member States to immediately cease the usage of Pegasus spyware;

Amendment 17 #

Draft opinion
Paragraph 4 a (new)

4a. Takes note of the opinions, reports and studies from the Venice Commission; requests their compliance and appropriate follow-up;

Amendment 18 #

Draft opinion
Paragraph 4 b (new)

4b. Takes note of the reports from the OSCE/ODIHR on election observations in the EU participating States;

Amendment 19 #

Draft opinion
Paragraph 5

5. CRegrets that the fundamental rights and residence status of EU and UK citizens have been severely affected by the UK's withdrawal from the European Union; calls on the UK Government and ~~the~~all Member States to ensure the full protection of the rights of ~~both~~ EU and UK citizens~~, who are still being penalised by Brexit~~ as laid out in the EU–UK Trade and Cooperation Agreement as well as the Windsor Framework; points out that this must explicitly include the protection against the risk of discrimination by prospective employers or landlords;

Amendment 2 #

Draft opinion
Paragraph 1

1. ~~Calls for the EU~~Demands to finalise the European Union’s accession to the European Convention on Human Rights ~~to be finalised and~~and calls for the EU to accede to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;

Amendment 20 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 6

6. Stresses that the Northern Ireland Protocol is a prerequisite for a smooth relationship between the EU and the UK; calls for continued vigilance in order to preserve the Good Friday Agreement; welcomes the Windsor Framework and believes that this political agreement can provide new impetus for the EU-UK partnership based on mutual trust and cooperation; stresses that the implementation of this framework should at all times preserve the integrity of the single market;

Amendment 21 #

Draft opinion
Paragraph 6

6. Stresses that the Northern Ireland Protocol is a prerequisite for a smooth relationship between the EU and the UK; calls for continued vigilance in order to ~~preserve~~guarantee the rights enshrined in the Good Friday Agreement; welcomes the Windsor Framework;

Amendment 22 #

Draft opinion
Paragraph 7

7. Considers that Russia’s war of aggression against Ukraine places the EUuropean Union in a new situation~~, namely that of a prospective enlargement to include~~ and dramatically endangers the fundamental rights of all citizens; stresses that a prospective enlargement of the EU, namely through a potential integration of the Western Balkan countries, Ukraine, Moldova and Georgia, with the Copenhagen criteria as a fundamental basis~~; calls for all refugees to be treated with humanity, solidarity and generosity~~, needs subsequent inclusive debates about fundamental rights in the respective countries; calls therefore for dedicated public and political dialogues on these issues that include participation of the respective countries' civil societies; calls on the Member States to treat all persons that seek refuge from Russian's war of aggression with solidarity and generosity in line with respective international law and agreements;

Amendment 23 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 7

7. ~~Considers that Russia’s war of aggression against Ukraine places the EU in a new situation, namely that of a prospective enlargement to include~~Reiterates that the future enlargement of the Union, such as the accession of Ukraine, Moldova ~~and~~, Georgia, ~~with the Copenhagen criteria as a fundamental basis; calls for all refugees to be treated with humanity, solidarity and generosity~~and the Western Balkans will have the Copenhagen criteria as a key requirement, notably the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities;

Amendment 24 #

Draft opinion
Paragraph 7

7. Considers that Russia’s war of aggression against Ukraine places the EU in a new situation, namely that of a prospective enlargement to include Ukraine, Moldova and Georgia, with the Copenhagen criteria as a fundamental basis; calls for all war refugees to be treated with humanity, solidarity and generosity;

Amendment 25 #

Draft opinion
Paragraph 7

7. Considers that Russia’s war of aggression against Ukraine places the EU in a new situation, namely that of a prospective enlargement to include Ukraine, Moldova and Georgia, with the Copenhagen criteria as a fundamental basis; calls for all refugees to be treated with humanity, and solidarity ~~and generosity~~;

Amendment 26 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 7 a (new)

7a. Calls for the full implementation of art 2 TEU, particularly as regards solidarity and respect for human rights, so that all refugees to be treated with humanity, fraternity and generosity; welcome the ongoing negotiations on the New Pact on Migration and Asylum that will implement these priorities for the migrants and asylum seekers;

Amendment 27 #

Draft opinion
Paragraph 8

8. ~~Calls on the Commission to take a very firm stance against persistent attacks on the rule of law in certain Member States;~~ Strongly condemns the severe violations of the principles of the rule of law in some Member States, which are causing serious danger in relation to fundamental rights and freedoms; considers that in some cases these violations are of a systemic nature; emphasises the link between deteriorating rule of law standards and violations of fundamental rights, such as those perpetrated in the area of the judiciary, attacks against journalists and free media, including the use of excessive force by law enforcement authorities during protests and at the EU’s borders, the lack of guarantees and due process for detainees, incitement to hatred by political actors, an increase in the power of authorities to carry out mass surveillance and the widespread collection of intercepted data, and restrictions imposed on civil society organisations receiving foreign funding or based on their religious affiliation; further condemns the efforts of some Member State governments to weaken the separation of powers and the independence of the judiciary; expresses its deep concern, in particular, about decisions which call into question the primacy of European law and calls on the Commission to use all available means to take action against these attacks;

Amendment 28 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 8

8. ~~Calls on the Commission to take a very firm stance against persistent attacks on the rule of law in certain Member States;~~ Welcome the adoption of the European Rule of Law Mechanism by the European Commission and consequently the annual publication of the Rule of Lay report since 2020; calls on the Commission to take a very firm stance against persistent attacks on the rule of law in certain Member States, by using all tools available; welcomes the 2023 Rule of law report carried out by the European Commission and especially the set of specific recommendations to Member States on national justice systems, anti- corruption frameworks, media freedom and pluralism and institutional issues related to check and balances; reiterates its support for the full implementation of the Rule of Law Conditionality regulation and its call for a new mechanism for democracy, rule of law and fundamental rights, through an interinstitutional agreement; stresses that art 7 (3) TEU needs to be reformed and strengthened through Treaty change to ensure its applicability and effectiveness;

Amendment 29 #

Draft opinion
Paragraph 8

8. Calls on the Commission to take a very firm stance against persistent attacks on the rule of law or any of the values enshrined in Article 2 TEU in certain Member States;

Amendment 3 #

Draft opinion
Paragraph 1 a (new)

1a. Recalls that the EU's accession to the ECHR is more necessary than ever in order to consolidate and render more coherent the protection of human rights in Europe by subjecting all European institutions to the authority of the Convention and by enabling individuals to bring cases against the Union directly before the European Court of Human Rights;

Amendment 30 #

Draft opinion
Paragraph 8

8. Calls on the Commission to take a very firm stance ~~against persisten~~, in accordance with its Treaty competences, against attacks on the rule of law in ~~certain~~all Member States;

Amendment 31 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 8 a (new)

8a. Calls on the creation of annual conferences on the rule of law following the Commission’ Rule of law report, with delegations from all Member States, involving randomly selected and diverse citizens, parliamentarians, local authorities, social partners and civil society on the basis of the proposal coming from the Conference on the future of Europe;

Amendment 32 #

Draft opinion
Paragraph 9

9. ~~Deplores the recent scandals that have tarnished the EU’s image, such as Qatargate and State espionage using Pegasus, with MEPs among the target~~Strongly deplores that decisions adopted by committees and the plenary assembly with regard to Qatar are likely to have been altered by corruption and undue influence, including the resolution on the situation of human rights in the context of the FIFA World Cup in Qatar, adopted on 24 November 2022; regrets that the alleged criminal activity of a then Vice-President as well as other Members and former Members of the European Parliament has severely damaged the citizens' trust in Parliament’s integrity and therefore the functioning of European democracies;

Amendment 33 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 9

9. Deplores the recent scandals that have tarnished the EU’s image, such as Qatargate corruption scandal and State espionage using Pegasus, with MEPs among the targets; calls for all the consequences of these scandals to be drawn and the full restauration of the European Parliament reputation and credibility in order to preserve citizens’ trust in public institutions;

Amendment 34 #

Draft opinion
Paragraph 9

9. Deplores the recent scandals that have tarnished the EU’s image, such as ~~Qatargate and State espionage using Pegasus, with MEPs among the tar~~the still-unresolved Qatargate, which should result in meaningful changets;

Amendment 35 #

Max ORVILLE, Alin MITUȚA, Sandro GOZI, Charles GOERENS

Draft opinion
Paragraph 9 a (new)

9a. Welcomes, in this light, the work done to amend the internal Rules of Procedure of the European Parliament with the aim of strengthening its integrity, independence and accountability;

Amendment 36 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 9 b (new)

9b. Welcomes the work of the committee of inquiry set up in the European Parliament (PEGA) to investigate into existing national laws regulating surveillance, and establish whether spyware was used for political purposes against, for example, journalists, politicians and lawyers; stresses that the illegitimate use of spyware by national governments undermines the European democracy and decision making process ; call for a greater transparency within the Member States regarding the laws regulating surveillance in order to prevent any new mass surveillance scandal to emerge.

Amendment 37 #

Max ORVILLE, Alin MITUȚA, Sandro GOZI

Draft opinion
Paragraph 10

~~10. Calls for all the consequences of these scandals to be addressed and for Parliament’s credibility to be fully restored.~~deleted

Amendment 38 #

Draft opinion
Paragraph 10

10. Calls for all ~~the consequence~~repercussions of these scandals to be ~~address~~thoroughly tackled, a~~nd for~~iming to fully reinstate Parliament’s credibility ~~to be fully restored~~.

Amendment 39 #

Draft opinion
Paragraph 10 a (new)

10a. Is appalled by and expresses serious concern about the findings of the European Anti-Fraud Office's (OLAF) report on Frontex operational activities in Greece and the agency's blatant disregard for the lives of migrants and active violations of their human rights;

Amendment 4 #

Draft opinion
Paragraph 2

2. Calls for the accession of the EU and its Member States to the Council of Europe conventions to be finalised, such as the Istanbul Convention, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Lanzarote Convention, the Criminal Law Convention on Corruption and the Civil Law Convention on Corruption, as well as the European Social Charter, and for their cooperation on human rights with the Council of Europe to be strengthened;

Amendment 40 #

Draft opinion
Paragraph 10 a (new)

10a. Calls on the six Member States who have not yet ratified the Istanbul Convention to do so without further delay; stresses the importance of the Istanbul Convention for the protection of fundamental rights of women, combating violence and domestic violence.

Amendment 41 #

Draft opinion
Paragraph 10 a (new)

10a. Requests a proactive policy of access to documents, integrity and transparency from EU institutions in order to ensure that citizens can effectively exercise their right to scrutinise the work and activities of the EU institutions;

Amendment 42 #

Draft opinion
Paragraph 10 b (new)

10b. In line with Art. 19 TEU, Art. 67(4) TFEU and Art. 47 of the Charter, underlines that an independent judiciary is the cornerstone of the rule of law and of the right to effective legal protection; recommends a departure from the existing approach of tackling rule of law cases in individual countries in an ad hoc manner, and calls for the development of criteria and contextual assessments to guide Member States in recognising and tackling any possible rule of law issues in a regular and comparative manner;

Amendment 43 #

Draft opinion
Paragraph 10 c (new)

10c. Stresses that the rule of law is intrinsically linked to respect for democracy and for fundamental rights and that therefore the three principles must be jointly monitored;

Amendment 44 #

Draft opinion
Paragraph 10 d (new)

10d. Suggests that the respect of the rule of law as one of the criteria for accession of new Member States should not be merely a precondition for accession, but a binding and enforceable criterion in order to monitor Member States’ compliance therewith throughout their membership of the EU in line with the European Parliament resolution of 12 February 2019 on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework.

Amendment 5 #

Draft opinion
Paragraph 2

2. Calls ~~for~~on the ~~accession of the EU and its Member Stat~~bodies tof the ~~Council of Europe convent~~European Unions to ~~be finalised and for their~~foster a comprehensive and constructive cooperation with the Council of Europe ~~to be strengthened~~with the aim of strengthening the responsibilities of both institutions to guarantee the safeguarding of fundamental rights;

Amendment 6 #

Draft opinion
Paragraph 2

2. Calls for ~~the accession of~~consideration to be given to the possibility for the EU and its Member States to ~~the~~accede to certain Council of Europe conventions ~~to be finalised and for their cooperation with the Council of Europe to be strengthened~~, while respecting the competences conferred by the Treaties;

Amendment 7 #

Max ORVILLE, Alin MITUȚA, Charles GOERENS, Sandro GOZI

Draft opinion
Paragraph 3

3. ~~Rec~~Calls for strengthening the key role of the EU Agency for Fundamental Rights (FRA), including by expanding its tasks and powers to promote and protect fundamental rights across the EU further; stresses the role of Member States at all levels, notably at national parliaments’, national and local administrations’ and law enforcement authorities’ levels, in ensuring the full application of the Charter of Fundamental Rights when implementing EU law;

Amendment 8 #

Draft opinion
Paragraph 3

3. Recalls the key role of the EU Agency for Fundamental Rights for its contribution to the preservation and promotion of fundamental rights within the EU; urges to grant FRA the capacities and the resources in order to undertake the tasks it is entrusted to in accordance to its renewed mandate;

Amendment 9 #