Activities of Péter NIEDERMÜLLER related to 2014/2254(INI)
Plenary speeches (1)
Situation of fundamental rights in the EU (2013-2014) (debate)
Shadow reports (1)
REPORT on the situation of fundamental rights in the European Union (2013-2014) PDF (325 KB) DOC (324 KB)
Amendments (94)
Amendment 5 #
Motion for a resolution
Citation 2
Citation 2
– having regard, inter alia, to Article 2, the second indent of Article 3(3) and, Articles 6, 7 and 749 TEU,
Amendment 15 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Council Directive 2000/43/EC of June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,
Amendment 18 #
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the Council Directive 2000/789/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
Amendment 24 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to its Resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity
Amendment 25 #
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Foreign Affairs Council of 24 June 2013,
Amendment 46 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to the package of directives on Procedural Defence Rights in the EU,
Amendment 69 #
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
Amendment 71 #
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
– having regard to its resolution of 21 May 2013 on the EU Charter: standard settings for media freedom across the EU,
Amendment 80 #
Motion for a resolution
Recital Α a (new)
Recital Α a (new)
Αα. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the EU, and whereas in light of this all Member States should be assessed on an ongoing basis in order to verify their continued compliance with the EU's basic values of respect for fundamental rights, democratic institutions and the rule of law,
Amendment 81 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, under Article 49 TEU, any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union; whereas these criteria and values shall be permanently protected, defended and upheld after joining the Union;
Amendment 83 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, the rule of law is the backbone of European liberal democracy, and is one of the founding principles of the European Union stemming from the common constitutional traditions of all Member States;
Amendment 86 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas respecting the rule of law is a prerequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligations deriving from the Treaties and from international law.
Amendment 92 #
Motion for a resolution
Recital B
Recital B
B. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights in full;
Amendment 103 #
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and whereas the response of the EU and the Member States has seriously compromised the wellbeing of citizens and their fundamental right, including children and young people and the respect of their fundamental rights, and further increased the socio-economic exclusion of citizens in several countries;
Amendment 112 #
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter security and abroad, the European Union and its Member States have the duty to protect European citizens, while ensuring respect for their fundamental rights and freedoms into the design and operation of security policies;
Amendment 137 #
Motion for a resolution
Recital G
Recital G
G. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 143 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas specific human rights guidelines have been developed in external policies of the EU, this has not been the case in its internal policies, which could lead to allegations of double standards;
Amendment 145 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas freedom of the press and freedom of opinion are fundamental freedoms and whereas diverse and independent media have a crucial function in shaping opinion and popular will in democratic societies, as they enable everyone to exercise their right to information,
Amendment 168 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation, public policies and their implementation;
Amendment 200 #
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) make provision for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the various parties involved, instituinstitutions of the European Union, like the Commission and FRA, the Council of Europe, the United Nationals and otherwisecivil society organisations, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and dialogue;
Amendment 203 #
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) ensure that the annual policy cycle is based on the compliance with the rule of law as it is a pre-requisite for the protection of fundamental rights
Amendment 219 #
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) develop, in cooperation with the FRA, a database that collates and publishes data onbe based on a system of annual country assessment, developed by the Commission and the Council, on the compliance with the rule of law and the situation regardingof fundamental rights in the EU and in individual Member States; reiterates, iall Member States of the European Union, based on data of FRA, Council of Europe and its Venice Commission and NGOs. In that connection, the need for the Commission to propose a revision of the FRA Regulation is essential in order to grant the FRA wider powers; in particular in relation to the situation assessment in each Member States and the possibility of the FRA auto-referral as part of an alert mechanism;
Amendment 224 #
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) bproadenvide clear indicators in order to assess the enforcement and respect of fundamental rights, and to trigger alert mechanisms in the case of violations. Such indicators could take the form of a fundamental rights scoreboard, possibly as an extension of the scope of the EU Justice Scoreboard t, which should also cover the assessment of criminal justice systems and of efforts to uphold fundamental rights and the rule of law; indicators should include clear data collection mechanisms, including equality data collection disaggregated according to the different discrimination grounds;
Amendment 241 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law is a good tool under the current legal framework provided by the Treaties; considers, however, that the proposed mechanism willmay not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 251 #
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
(a) making it part of the internal strategy on fundamental rights, as rule of law is a pre-requisite for the protection of fundamental rights in the European Union and its Member States;
Amendment 252 #
Motion for a resolution
Paragraph 6 – point a a (new)
Paragraph 6 – point a a (new)
(aa) finding a way to make better use of the expertise of the Council of Europe and setting up a formal channel of cooperation in matters relating to the rule of law and fundamental rights;
Amendment 257 #
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
(b) clearly definifying the criteria for its application and ensuring that it is implemented swiftly without waiting for fundamental rights violations to materialise and considering setting up these criteria in a manner that any breach could automatically trigger the mechanism;
Amendment 264 #
Motion for a resolution
Paragraph 6 – point c
Paragraph 6 – point c
(c) ensuring the full involvementand guaranteeing the use of all available data, at the launch and dialogue stages, not only of the Commission and the Member State in question, but also of the European Parliament, the Council, national parliaments, the FRA and civil society, and guaranteeing the use of all available data, the Council of Europe, and its Venice Commission and civil society;
Amendment 270 #
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically by which the possibility of applying double standards can be fully avoided; defining the criteria for "clear risk of breach" and "serious and persistent breach" building inter alia on the case law of European Court of Justice and the European Court of Human Rights, should such a mechanism fail, and that the possibility of imposing further penalties in keeping with European law is considered;
Amendment 277 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the fact that the Council will hold debates on the rule of law; considers, however, that such debates are not the most effective ways to resolve any non-compliance with the fundamental values of the European Union; regrets the fact that it is neither informed nor involved into the organisation of these debates; calls on the Council to base its debates on the results of annual and specific reports of the European Commission, the European Parliament, the civil society, the Council of Europe and its Venice Commission and other parties involved, institutional and otherwise;
Amendment 279 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Council to push for a more ambitious plan on the rule of law framework that enables the various European institutions to monitor and safeguard Member States' compliance with the rule of law; either in form of a Treaty change, allowing the fundamental values enshrined in Article 2 to be monitored and safeguarded beyond the areas covered by EU law, or in form of a peer review, with the involvement of the European institutions and possibly the Council of Europe and its Venice Commission; considers that such ambitious plan should also foresee a more important role for the European Court of Justice that is not limited to procedural guarantees;
Amendment 281 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Council to find a common ground on the precise content of the principles and standards stemming from the rule of law that vary at national level and to consider the already existing definition of the rule of law of the European Court of Justice, as a starting point for debate, that include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law;
Amendment 283 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Commends the role of the Court of Auditors in monitoring the spending of structural funds for Roma-related projects; equally commends the commitment of the European Ombudsman in inquiring how the European Commission ensures that fundamental rights are complied with at all stages of the implementation of the EU cohesion policy in the Member States;
Amendment 291 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that in light of the rapid technology developments and increasing cyber attacks, special attention needs to be given to the protection of personal data, with a large focus on the security of the processing and storing; although the right to be forgotten is not absolute and will need to be balanced against other fundamental rights, individuals need to be given the right to have their online personal data rectified.
Amendment 312 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instancecidents of anti- Semitic and anti-Islamophobic discrimination and violence; calls on Member States to protect freedom of thought, conscience, religion or belief and to promote tolerance, as well as to ban any form of discrimination and exception from the law on grounds of individuals' personal choice of thought, conscience, religion or belief;
Amendment 330 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Expresses its concerns regarding the investigations and convictions in connection with freedom of speech and access to non-biased information in some Member States. Considers that freedom of speech is the backbone of a free and fair society. Calls on the Commission to develop an action plan to assure that all media, especially public media, comply with minimum standards of independence and quality;
Amendment 336 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that free, independent, diverse and pluralist media, both online and offline, are a fundamental building block of democracy which contributes significantly to democratic opinion formation and decision making, and stresses the importance of a plurality of information sources for genuine freedom and diversity of the media; stresses that it is in the common interest to maintain, protect and promote free and independent media across Europe;
Amendment 338 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deplores incidents of hate speech and hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity, which occur in the EU on a daily basis; calls on Member States to protect fundamental rights and to promote tolerance;
Amendment 349 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to prohibit any distortions of competition by national rules which seem likely to unilaterally disadvantage individual media providers;
Amendment 354 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the EU and the Member States to mainstream social inclusion and non- discrimination measures in future internal security strategies;
Amendment 359 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Remains concerned about the ongoing impact of the economic crisis on the media landscape and the consequences of this for media diversity in Europe;
Amendment 362 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Urges Member States to safeguard free movement of Roma, and calls on the EU to monitor forced evictions and repatriations;
Amendment 366 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to maintain and protect non-state-controlled, editorially independent public service media, and to provide them with the necessary funding so that they can continue in future to contribute to upholding media pluralism and to perform their task of providing high- quality, reliable and diverse content and information across the board;
Amendment 372 #
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Stresses, however, that securing media pluralism must not be restricted to combating media concentration in terms of ownership, but must also include: a ban on all censorship; protection of the ban on censorship; protection of sources and informants; prevention of influence from political actors and other social forces; promotion of transparency; good working and training conditions for journalists; media supervisory authorities; promotion of cultural diversity; development of new technologies; securing unrestricted access to information and communications; uncensored and unrestricted access to the internet; and the prevention of a digital divide in our societies;
Amendment 376 #
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Is concerned at the growing market power of a few multi-national digital media undertakings and their role as gatekeepers of information, and the resulting impact on diversity and freedom of opinion; calls for the development of adequate competition rules, in order to prevent a few digital undertakings from obtaining a dominant market position;
Amendment 380 #
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Stresses the importance of transparency with respect to the ownership of private broadcasters, which has to be ensured in all Member States, and calls on the Commission to monitor and support progress to this end;
Amendment 382 #
Motion for a resolution
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Is concerned about the growing climate of hostility within society towards journalists and other media representatives, particularly when journalists become hate figures for political and/or religious movements; calls on the Member States to take the necessary action, unambivalently and with the legal means at their disposal, against attacks on journalists by political and religious groups;
Amendment 384 #
Motion for a resolution
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Is disturbed at the numerous instances of mistreatment of journalists, and other offences against their physical integrity, by participants in demonstrations; also deplores the numerous instances of the use of force against journalists by police and security forces during reporting on demonstrations, particularly the disproportionate use of non-lethal weapons such as truncheons, rubber bullets, tasers, etc.; calls on the Member States to ensure that the uniforms of law enforcement personnel bear a means of identifying the wearer and that such personnel are always held to account for their actions;
Amendment 409 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that even today people belonging to any kind of minorities are still victims of discrimination throughout the EU;
Amendment 418 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the EU and Member States to include multiple discrimination within equality policies;
Amendment 440 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat the Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled, andprinciple of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritization of this Directive by the European Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 444 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled,principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this Directive by the European Commission; and reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 449 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the European Commission and the Council to acknowledge the need for reliable and comparable equality data to measure discrimination, disaggregated according to discrimination grounds, in order to inform policy-making, evaluate the implementation of EU anti- discrimination legislation, and better enforce it; calls on both institutions to define consistent equality data collection principles, based on self-identification, EU data protection standards and the consultation of the relevant communities;
Amendment 466 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the EU and the Member States to ban all discrimination on grounds of gender identity and to combat and prosecute all forms of violence andEmphasises that regarding article 21 and 22 of the Charter of Fundamental Rights of the EU everyone is equal before the law and that any discrimination, including based on sex, shall be prohibited; urges the Member States to implement that ban on discrimination against womenresolutely;
Amendment 474 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges, due to the fact that 33 % of women in the EU since the age of 15 have experienced physical and/or sexual violence and 35 % of women before the age of 15 have experienced physical, sexual or psychological violence, the members states to combat and prosecute all forms of violence against women and girls;
Amendment 481 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Denounces the persistent and widespread discrimination against Roma in all EU Member States as the root cause of the deprived living conditions and socio-economic exclusion in which many of them still live today; urges the European Commission to take action against those Member States that promote or allow institutionalised discrimination and segregation, especially in education and housing; calls the Commission to mainstream the monitoring of discrimination practices in all areas, especially education, employment, housing and healthcare;
Amendment 487 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Deplores that ethnic minorities continue to face widespread discrimination in law enforcement and judicial system as well as over-policing practices such as ethnic profiling and unequal treatment;
Amendment 514 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexualgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Commission to issue an action plan or strategy against homophobia and for equality on grounds of sexual orientation and gender identity by the end of this year, as repeatedly called for by Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
Amendment 521 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States, as States Parties to the United Nations Convention on the Rights of the Child, to take appropriate measures to protect children from all forms of physical and psychological violence, including cyber bullying, and to empower young people, parents, educators, carers and society as a whole to prevent and combat bullying; urges the Member States to support lifelong training for professionals working with children and to encourage active participation by young people – inter alia using new technologies – in the peaceful resolution of disputes;
Amendment 523 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 525 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that LGBTI people's fundamental rights are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
Amendment 530 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity and calls upon the European Commission to put forward an EU LGBTI Strategy, comparable to the LGBTI Guidelines adopted by the Foreign Affairs Council of 24 June 2013;
Amendment 546 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. reiterates the importance of protecting and promoting equal access to all rights for Roma children;
Amendment 548 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States to collect equality data according to current data protection standards, in consultation with minority representatives, in order to measure inequalities, monitor the impact of EU and Member States policies on them and devise better policies to overcome those inequalities; calls the Commission to address a recommendation to the Member States in order to support equality data collection in the EU;
Amendment 572 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; calls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; calls for a review of the framework decision on racism and xenophobiaEuropean legislation against hate speech and hate crime expanding it to the grounds of religion, disability, sexual orientation and gender identity; in order to fully cover all forms of hate crimes and crimes committed with a bias or discriminatory motive related to the victims’ personal characteristics, and to clearly define consistent investigation and prosecution standards;
Amendment 595 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Condemns all forms of discrimination and violence on EU territory against members of specific ethnic and religious communities; calls on the Commission and the Member States to adopt specific policy commitments to combat all forms of racism, including anti-Semitism, Islamophobia, Afrophobia and anti- Gypsyism;
Amendment 659 #
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve legal and safe avenues for refugees, including resettlement, facilitated access to family reunification and the use of humanitarian visas;
Amendment 682 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the necessity to mainstream fundamental rights in every aspect of EU migration policies;
Amendment 683 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on EU institutions to put solidarity and a human rights based approach at the heart of the EU migration policies. Calls on the EU institutions to guarantee that sufficient resources are made available to implement a search and rescue operation in the Mediterranean and promote legal and safe routes for people fleeing wars and seeking for international protection;
Amendment 688 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls for the establishment of a robust search and rescue European mechanism at sea, with the resources, scope and mandate needed to carry out its missions;
Amendment 690 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Insists on the obligation to uphold the right to asylum, the principle of ‘non- refoulement’ and in general the fundamental rights of migrants and refugees during operations at sea, which applies also when Frontex and the Member States cooperate with third countries;
Amendment 703 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns the practice of detaining irregular migrants, including unaccompanied minors, as a prelude to their expulsiongeneralisation of the practice of detaining migrants and asylum seekers to prevent them from entering the EU territory or as a prelude to their expulsion, while it has to be a last resort once all other alternatives have been exhausted, and only for a limited period of time; urges the Commission to address without delay the problems concerning detention centres, where migrants and asylum-seekers are often being detained in appalling conditions and civil society is afforded little or no access; calls on the EU and its Member States to take action to end the detention of unaccompanied minors across the EU; calls on Member States to comply with the provisions of the ‘Return Directive’; and the ‘Reception Conditions Directive’;
Amendment 718 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to monitor closely the implementation of Directive 2013/32/EU on Asylum Qualification, with particular attention to those asylum seekers with special needs;
Amendment 720 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the European Union and its Member States to establish concrete measures and best practices aiming at promoting equality of treatment and social inclusion so as to improve the integration of migrants into society; recalls in that regard that it is essential to fight against negative stereotypes and misinformation against migrants by developing counter-narratives, primarily at school and towards young people, to enhance the positive impact of migration;
Amendment 728 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the respect for fundamental rights in migrant integration and social inclusion policies, with a clear focus on the protection of children in the context of migration and asylum;
Amendment 750 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the way in which the financial and economic crisis and the measures taken to deal with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolation; and preventing access to basic necessities such as housing and healthcare in a time of a persistent economic crisis; calls on the Commission therefore to take action in cooperation with Members States to provide European citizens once again with guarantees of a decent job, a decent life and a living wage.
Amendment 770 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in Member States subject to economic adjustment programmes, the EU institutions are also responsible for the associated conditions; stresses that the EU institutions are always under an obligation to observe the Charter, even when acting outside the framework of EU law, thus, under no circumstances obligations imposed to Member States by the economic adjustment programmes should lead to restrictions and violations of fundamental rights guaranteed in the EU Charter;
Amendment 780 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions to look into the impact on fundamental rights of the measures proposed or implemented to deal with the crisis and to take remedial action immediately; ensure, empower and promote the involvement of civil society organization in monitoring applications of fundamental rights in Member States and designing and implementing remedial actions;
Amendment 782 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the EU institutions and on the Member States to recognise that long- term investment in social inclusion is beneficial as it tackles the high cost of discrimination and inequality; calls on EU institutions and the Member States to ensure that access to justice and redressing discrimination are not put in danger by drastic funding cuts in equality bodies budgets; calls on EU and national institutions not to threaten social inclusion by budgetary measures threatening the survival of community- based organisations working for equality;
Amendment 790 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austerity measures, to further strengthen the role of the European Union in the protection and promotion of economic, social and cultural rights and to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of economicthis aim, especially when adopting and implementing austerity measures; this should also possibly include the extension of the social rights in the EU Charter to other social rights mentioned in the revised Social Charter of the Council of Europe such as the right to work, the right to fair remuneration, the right to be protected from poverty and social rightsexclusion;
Amendment 830 #
Motion for a resolution
Subheading 6
Subheading 6
Amendment 834 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption represents a serious fundamental rights violation; calls on the Member States and iEuropean Institutions to devise effective instruments for preventing and combating corruption, and to monitor regularly the use of public funds, be they European or national;
Amendment 835 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption represents a serious fundamental rights violation; calls on the Member States and institutions to devise effective instruments for combating corruption and to monitor regularly the use of public funds, be they European or national; underlines that increased transparency and access to public documents by citizens and journalists is an efficient way to expose and combat corruption;
Amendment 839 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption represents a serious fundamental rights violation; calls on the Member States and institutions to devise effective instruments for combating and sanctioning corruption and to monitor regularly the use of public funds, be they European or national;
Amendment 847 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that the right of citizens to access documents held by public institutions empowers citizens and allows them to scrutinise and evaluate public authorities and hold them to account, while also rendering other rights more effective, particularly the freedom of speech and the right to information; Calls on the Commission and Council to restart the negotiations on the recast of Regulation 1049/2001 on public access to document working on the basis that the EU cannot take any steps backward on transparency;
Amendment 863 #
Motion for a resolution
Subheading 7
Subheading 7
Amendment 867 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deplores the conditions in the prisons of numerous Member States and the overuse of detention, in particular of pre- trial detention; regards it as essential that the EU should adopt an instrument which guarantees that the recommendations of the European Committee for the prevention of torture and inhuman or degrading treatment and punishment (CPT) and the judgments of the ECtHR are implemented; and adopts an instrument that addresses the use of detention and the detention conditions;
Amendment 875 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Deplores the lack of access to legal aid in many Member States and the fact that this reduces the right to access a lawyer to those with sufficient financial means; regards it as essential that the EU adopt a strong and comprehensive directive on access to legal aid;
Amendment 885 #
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Children’s rights
Amendment 891 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Recognises that the financial and economic crisis has had a serious negative impact on the realisation of children’s rights and well-being;
Amendment 892 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to ensure increased coordination within its different services and effective mainstreaming of children’s rights across all the EU’s legislative proposals, policies and financial decisions; calls on the Commission to report annually on the progress made on the respect of the rights of children and the full implementation of the EU acquis on children’s rights; calls on the Commission to ensure that the mandate and resources of the children’s rights coordinator adequately reflect the EU’s commitment to systematically and effectively mainstreaming children’s rights;
Amendment 893 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 895 #
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Invites the European Commission to propose an ambitious and comprehensive successor to the EU Agenda on the Rights of the Child in 2015;
Amendment 897 #
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Encourages all Member States to make a contribution to the realisation of children’s rights through the ratification of the Third Optional Protocol to the United Nations Convention on the Rights of the Child on a Communications Procedure;