Activities of Christine REVAULT D'ALLONNES BONNEFOY related to 2017/2089(INI)
Shadow opinions (1)
OPINION on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework
Amendments (16)
Amendment 5 #
Draft opinion
Recital B
Recital B
B. whereas in accordance with Article 51 of the Charter, its provisions are addressed, inter alia, to the institutions, bodies, offices and agencies of the Union; whereas Article 51 (1) states that the provisions of the Charter are addressed to the Member States “only when they are implementing Union law”.
Amendment 6 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas Article 51(1) states that the institutions and bodies of the Union shall “promote the application” of the Charter; stresses that the Charter is not merely a set of prohibitions but it also should be considered as a tool to take measures in order to ensure the effective fulfilling of its provisions.
Amendment 15 #
Draft opinion
Recital E
Recital E
E. whereas its study of November 2017 on the implementation of the Charter of Fundamental Rights in the EU institutional framework1 considers, inter alia, the relevance of the Charter for the Commission’s activities under the Treaty Establishing the European Stability Mechanism (ESM Treaty) and in the context of the European semester; whereas little attention is being paid to the social rights of the Charter in the economic governance of the Union; whereas they must be considered as genuine fundamental rights. __________________ 1 ‘The Implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C – Citizens’ Rights and Constitutional Affairs, November 2017.
Amendment 25 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Commission to clarify the scope of Article 51 since different interpretations and case-law add to the confusion and make the application of the Charter unclear and unsatisfactory; Takes the view that it is of interest to every EU citizen to reinforce the application of the Charter by broadening its scope
Amendment 27 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission, along with the necessary clarification of Article 51, to provide EU Member States with guidance as to how fundamental rights should be taken into account when they implement Union law.
Amendment 30 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to take action when a lack of harmonisation among EU Member States endanger or weaken the fulfilment of the rights, freedoms and principles laid down in the Charter.
Amendment 31 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the EU institutions to hold independent and comprehensive compatibility checks and impacts assessments of fundamental rights for each legislative proposal in the Union
Amendment 34 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Court of Justice ruled4 that the Commission must fully respect the Charter also in the tasks allocated to it under the ESM Treaty, in particular when it comes to signing memoranda of understanding, and that the same applies to the country-specific recommendations in the context of the European semester; calls on the Commission to bettersystematically integrate fundamental rights impact assessments into EU socio-economic governance; with particular attention to the compatibility with the social provisions of the Charter __________________ 4 Judgement of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701.
Amendment 41 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reiterates its call on the Commission to submit a proposal giving effect to Parliament’s resolution of 25 October 2016 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 42 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the Charter’s application also extends to the EU agencies which must adopt a fundamental rights strategy ; Calls on every EU agency to set up independent mechanisms to detect and report violations of fundamental rights; encourages in particular Frontex and the European Asylum Support Office (EASO) to work on a culture of fundamental rights, not only for application in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agencies;
Amendment 59 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls, once again, on the Commission to take the steps required for EU accession to the European Social Charter;
Amendment 60 #
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the proposal for Charter- conditionality of EU funds under the multiannual financial framework 2021- 2027, which should be achieved inter alia bytresses the importance of the new mechanism ensuring respect for the values enshrined in Article 2 of the Treaty on European Union (TEU); supports the introducingtion of strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing the large EU funds.
Amendment 64 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the unprecedented and isolated decision of Poland to oppose the Council conclusions on the application of the EU Charter on Fundamental Rights during the Justice Ministers’ meeting in Luxembourg on 11th October 2018.
Amendment 74 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls for a speedy accession of the EU to the European Convention of Human Rights; reaffirms that EU accession to the ECHR will constitute the minimum level of protection for human rights and fundamental freedoms in Europe and provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to a violation of human rights derived from an act by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; and that ECtHR case law will thus provide extra input for current and future EU action on the respect for, and promotion of, fundamental freedoms in the areas of civil liberties, justice and home affairs, in addition to the case law of the Court of Justice in this field;
Amendment 90 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on the Commission, to give full visibility to the FRA’s recently published Handbook on Applying the Charter of Fundamental Rights of the European Union in law and policymaking at national level;
Amendment 100 #
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Regrets that up to date, the Republic of Poland and the United Kingdom have not decided to withdraw from Protocol 7 of the Treaties, ensuring their opt-out from the Charter.