84 Amendments of Barbara SPINELLI related to 2014/2254(INI)
Amendment 8 #
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the EU’s accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) helps significantly to safeguard the human rights and fundamental freedoms of EU citizens and Member States; takes note of Opinion 2/13 of the Court of Justice of the European Union in which the Court concluded that the draft agreement on the accession of the EU to the ECHR was not compatible with EU law; calls on the Commission and the Council to address the concerns raised by the Court as quickly as possible in order to meet fully the obligation enshrined in Article 6(2) of the EU Treaty and to resume negotiations as soon as possible;
Amendment 10 #
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the fact that all legislative proposals and policies, policies and international agreements (such as the Fiscal Compact) should be scrutinised to ensure that they comply with the Charter of Fundamental Rights; calls on the Member States to ensure that all EU legislation, including the economic and financial adjustment programmes, is implemented in accordance with the Charter of Fundamental Rights and the European Social Charter (Article 151 TFEU); calls on the European Union, in order to increase this compliance (and provide the best protection for second-generation economic and social rights, such as the right to equal pay, the right to protection of health and the right to social security, which are essential components of fundamental rights), to become a party to the European Social Charter;
Amendment 27 #
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of ensuring, in all Member States, effective and coherent protection of the rule of law and prevention of infringements of fundamental rights; recalls that Article 7 of the EU Treaty contains a mechanism for responding to any serious, persistent breach of the fundamental rights by a Member State; reiterates that, in accordance with Article 7, it intends to make full use of the powers which have been assigned to it and to assess the desirability of initiating the procedures provided for in the event of a clear risk of a serious breach by a Member State of the values referred to in Article 2 TEU;
Amendment 36 #
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of cooperation between EU institutions and national parliaments, as well as between such bodies and the Council of Europe and other organisations; stresses that the protection of minority rights is a basic principle of democracy and deplores all forms of discrimination against minority communities; notes the Council’s decision to monitor the human rights situation in the European Union;
Amendment 42 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the judgment of the Court of Justice of the European Union of 8 April 2014 in joined cases C-293/12 and C-594/12 (Digital Rights Ireland and Seitlinger and Others), which annulled Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC,
Amendment 48 #
Draft opinion
Paragraph 6 – Indent 2
Paragraph 6 – Indent 2
– bring forward aundertakes to negotiate a far-reaching revision of the European Citizens’ Initiative Regulation (Regulation (EU) No 211/2011) in order to improve its functioning and stopwhich takes account of the negative experience of these years of application, incorporating amendments which will permit full exercise of this right by European citizens; undertakes therefore to introduce measures against any form of discrimination, including that against certain groups of citizens, such as those who are blind or living abroad, from beingwho are prevented from exercising their right to support citizens’ initiatives, as such exclusion limits equality among citizens;
Amendment 50 #
Motion for a resolution
Citation 23
Citation 23
– having regard to the work, annual reports and studies of the FRA and the EIGE,
Amendment 54 #
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to the report by the UN special rapporteur on the human rights of migrants, published in April 2013, on ‘Management of the external borders of the European Union and its impact on the human rights of migrants’,
Amendment 55 #
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
– having regard to the UN Human Rights Council Resolution of 26 June 2014 calling for the establishment of an open- ended intergovernmental working group with the aim of drawing up ‘an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights’,
Amendment 55 #
Draft opinion
Paragraph 6 – Indent 3
Paragraph 6 – Indent 3
– bring forward a revision of Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals, in order to help EU citizens who are resident in a State other than their own to participate in the European elections in their country of residence; calls on Member States to enable all their citizens to vote in the European elections, including those living outside the EU, particularly by means of an information campaign carried out in good time.
Amendment 57 #
Draft opinion
Paragraph 6 – Indent 3 a (new)
Paragraph 6 – Indent 3 a (new)
– draws attention to the fact that the most correct expression of representative democracy at EU level requires voting methods based on a uniform electoral procedure; reiterates its own view that the elections should be held on the same day;
Amendment 59 #
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 4 July 2013 on the US National Security Agency (NSA) surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ privacy, in which it instructed its Committee on Civil Liberties, Justice and Home Affairs to conduct an in-depth inquiry into the matter, and to its resolution of 12 March 2014 on the NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights,
Amendment 63 #
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
– having regard to its resolution of 25 November 2014 on seeking an opinion from the Court of Justice on the compatibility with the Treaties and the EU Charter of Fundamental Rights of the EU-Canada PNR Agreement,
Amendment 64 #
Motion for a resolution
Citation 25 c (new)
Citation 25 c (new)
– having regard to its resolutions of 11 September 2012 and 10 October 2013 on alleged transportation and illegal detention of prisoners in European countries by the CIA,
Amendment 65 #
Motion for a resolution
Citation 25 d (new)
Citation 25 d (new)
– having regard to its resolutions on the Guantanamo detention centre,
Amendment 66 #
Motion for a resolution
Citation 25 e (new)
Citation 25 e (new)
– having regard to its studies into the impact of the crisis on fundamental rights in the Member States,
Amendment 72 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas European integration came about in part to prevent a recurrence of the tragic consequences of the Second World War and the persecution and repression by the Nazi regime, and also to avoid any decline or reversal of democracy and the rule of law by promoting, respecting and protecting human rights;
Amendment 73 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas respect for and promotion of human rights, fundamental freedoms, democracy and the values and principles enshrined in EU treaties and international human rights instruments (UDHR, ECHR, ICCPR, ICESCR, etc.) are obligations on the Union and its Member States and must be central to European integration;
Amendment 74 #
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas those rights must be guaranteed for everyone living in the EU, including in response to abuse and acts of violence by authorities at whatever level;
Amendment 84 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU and its Member States are engaged in a global process of moving towards new sustainable development objectives under which human rights are universal, indivisible and inalienable;
Amendment 87 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Charter of Fundamental Rights became a fully fledged component of the Treaties when the Treaty of Lisbon came into force, and is therefore now legally binding on the institutions, agencies and other bodies of the EU and on the Member States when EU legislation is applied; whereas a genuine fundamental rights culture must be developed, fostered and strengthened in EU institutions, but also in the Member States, in particular when they apply EU law domestically and in their relations with non-EU countries;
Amendment 89 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the implementation of these values and principles must also be based on effective monitoring of respect for the fundamental rights guaranteed in the Charter, for example when legislative proposals are being drawn up;
Amendment 90 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the EU’s credibility in its external relations will be bolstered by increasing consistency between its internal and external policies in relation to human rights; whereas the EU's human rights policy is being restricted, and even contradicted, by diplomatic, political or economic considerations, creating double standards which damage all EU policies in this field and are contradict a universal vision of human rights and the EU's principles and values;
Amendment 106 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the importance of social fundamental rights is acknowledged in Articles 8, 9, 10, 19 and 21 of the EU Charter of Fundamental Rights, as it is in the case law of the Court of Justice of the EU, thus underscoring the fact that those rights, and in particular trade union rights, the right to strike, right of association and right of assembly, must be given the same safeguards as the other fundamental rights acknowledged by the Charter;
Amendment 107 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas being unemployed, poor or socially marginalised has major consequences as regards gaining and exercising fundamental rights and means that people in such vulnerable positions must continue to have access to basic services, in particular welfare services and financial services;
Amendment 118 #
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 whereas necessity and proportionality must be the overriding principles in this area so as to prevent policy actions from infringing civil liberties;
Amendment 138 #
Motion for a resolution
Recital G
Recital G
G. whereas manythere are more and more 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 UNevidenced, for example, by the judgments of the European Court of Human Rights and as pointed out in (annual and special) reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; whereas the responses of the Commission, Council and Member States are falling short of what is required, given the gravity of these recurrent violations;
Amendment 147 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas personal data protection provisions should uphold the principles of purpose, necessity and proportionality, including in the context of negotiations and the conclusion of international agreements, as pointed up by the European Court of Justice judgment of 6 April 2014 quashing Directive 2006/24/EC and by the opinions of the European Data Protection Supervisor;
Amendment 150 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the rapid pace of change in the digital world (including increased use of the internet, apps and social networks) necessitates more effective safeguards for personal data and privacy in order to guarantee confidentiality and protection;
Amendment 153 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas almost 3 500 migrants died or went missing in 2014 while attempting to reach Europe, bringing the total number of dead and missing over the last 20 years to nearly 30 000; whereas, according to the International Organisation for Migration, the migratory route towards Europe has become the world's most dangerous route for migrants;
Amendment 171 #
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; Draws attention to the fact that all legislative proposals, policies and international agreements (such as the Fiscal Compact) should be carefully scrutinized to ensure that they comply with the Charter of Fundamental Rights
Amendment 173 #
Motion for a resolution
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) - Calls on the Member States to ensure that all EU legislation, including the economic and financial adjustment programmes, is implemented in accordance with the Charter of Fundamental Rights and the European Social Charter (Art. 151 TFEU);
Amendment 174 #
Motion for a resolution
Paragraph 1 – point 2 (new)
Paragraph 1 – point 2 (new)
(2) - Calls on the European Union to accede to the European Social Charter to reinforce this compliance and to better protect the economic and social rights of second generation, such as the right to equal wage, the right to protection of health, the right to social security, essential components of the Fundamental Rights;
Amendment 271 #
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically, should such a mechanism fail, and that the possibility of imposing further penalties in keeping with European law is considered; Stresses the need to exert maximum vigilance not only before and during the access negotiation (Copenhagen criteria) but also following the adhesion to the European Union; Stresses the need to strengthen institutional transparency and openness in the EU and urges the EU and the Member States to: step up their efforts with a view to revising Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents; bring forward a revision of the European Citizens' Initiative Regulation (Regulation (EU) No 211/2011) taking into account the negative experience of these years of application, introducing changes that allow the full use of their right by the citizens of Europe. Therefore agrees to introduce measures against all types of discrimination, including those existing against certain groups of citizens, such as those who are blind or those living abroad, who are prevented from exercising their right to support the citizens' Initiatives, as such exclusion limits the equality among citizens; bring forward a revision of Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals, in order to help EU citizens who are resident in a State other than their own to participate in the European elections in their country of residence; calls on Member States to enable all their citizens to vote in the European elections, including those living outside the EU in particular through an information campaign launched in good time
Amendment 278 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses concern at the alarming increase in the number of violations of fundamental rights in the EU, in particular in the areas of immigration and asylum, discrimination and intolerance – especially towards certain communities – and in the number of instances of attacks being carried out and of pressure being exerted on the NGOs which defend the rights of these groups and communities; notes Member States’ unwillingness to ensure that these fundamental rights and freedoms are observed, in particular as regards Roma people, women, the LGBTI community, asylum seekers, immigrants and other vulnerable groups;
Amendment 282 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Expresses concern that in the name of fighting terrorism the public authorities are more and more frequently resorting to administrative measures that are incompatible with the principles and procedures which underpin the rule of law and that policies devised to combat terrorism are being used to address a growing number of crimes and offences, giving rise in particular to an increase in the number of summary judicial proceedings and the imposition of minimum sentences that must be served in full; emphasises the need for EU agencies operating in the field of security and intelligence to uphold fundamental rights, and calls for a revision of the laws governing these EU and Member State agencies which focuses, in particular, on judicial review prior to the imposition of penalties, parliamentary scrutiny, the right of appeal and the right to rectify data;
Amendment 284 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Council, the Member States concerned and the Commission to respond to Parliament’s recommendations on the consequences of letting the CIA programme operate in some Member States;
Amendment 285 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls, at the very least, in view of the violations of the right to data protection and the right to privacy which were committed as part of the NSA-Prism programme and uncovered by Edward Snowden, for the various agreements concluded with the USA in particular to be suspended, as they are not compatible with the data protection and privacy standards laid down by the EU and the Council of Europe; criticises the fact that the files held by institutions are not only multiplying, but are increasingly being used for purposes which bear no relationship to those for which they were originally intended; expresses concern for citizens’ rights in the context of the conservation and accessing of electronic communications data;
Amendment 286 #
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Expresses serious concern at the difficulty most internet users have in ensuring that their rights are respected on the internet and in the digital sphere; condemns the delay in adopting the revised EU legislation on data protection and the failure on the part of the EU and its Member States to push for the creation of an international framework to protect human rights in the digital sphere;
Amendment 287 #
Motion for a resolution
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Deplores the pressure placed on private companies by both public and private bodies to hand over internet users’ data, control internet content or jeopardise the principle of net neutrality;
Amendment 315 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of anti-Semitic and anti-Islamic discrimination and violence; calls on Member States to protect freedom of religion or belief and to promote toleranceStresses that addressing the threat posed by terrorism in general requires an anti-terrorism strategy based on a multi- layer approach, which comprehensively addresses the underlying factors of radicalisation leading to violent extremism, such as developing social cohesion, inclusiveness and political and religious tolerance, freedom of religion, belief and non-belief and avoiding ghettoization. Deplores recent instances of anti-Semitic and anti-Islamic discrimination and violence; calls on Member States to protect freedom of religion or belief and to promote tolerance calls on the Commission to propose a European Framework for National Strategies to combat Islamophobia to effectively tackle this form of racism and ensure the social inclusion of Muslims;
Amendment 344 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that antiterrorism policies have contributed to the introduction of a particularly repressive system of enforcement being applied to all citizens and not only those under suspicion or investigation for involvement in wrongdoing and is alarmed at the lack of concern for independent monitoring being shown at national and European level;
Amendment 356 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns the weakness of the response by the Commission and Member States to revelations by Edward Snowden of massive spying operations using Internet and telecommunications networks as part of the NSA-PRISM programme targeting European countries also and is concerned their failure to enforce measures to protect European citizens or of third-country nationals living in Europe; regards it as urgent and imperative for the EU and its Member States to adopt a whistle-blower protection scheme;
Amendment 364 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Reaffirms freedom of thought, conscience, religion, belief and non- belief, and freedom to practise the religion of one’s choice and to change religion; condemns any form of discrimination or intolerance and believes that secularism, defined as strict separation between political and religious authorities, is the best means of guaranteeing non- discrimination and equality between religions and between believers and non- believers, whether they be atheists, agnostics, deists, etc.;
Amendment 370 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Condemns severely failure to respect principle of free movement of persons at all times and in particular the discriminatory nature of such infringements, targeting in particular those designated as ‘Roma’; calls on the Member States to honour their obligations under the Treaties regarding freedom of movement; calls on the Commission to undertake systematic and thorough monitoring of respect for this fundamental right;
Amendment 420 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Condemns in particular the discrimination and persecution that Roma suffer; notes with satisfaction that the Council recommendation on effective Roma integration measures in the Member States has been adopted, but greatly deplores the fact that there has, for the most part, been no real progress in Member States and condemns the repeated violations of Roma people’s rights, their expulsion from their living space, racist and xenophobic prejudices and speech, and the violence against Roma and the feebleness of the response which such persecution elicits from the political authorities, both at EU level and in most Member States;
Amendment 476 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the EU to adopt a directive condemning discrimination based on gender and seeking to counteract gender prejudices and clichés in education and the media;
Amendment 483 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Condemns the growing phenomenon of human trafficking, especially for sexual exploitation, and calls on the EU and its Member States to take measures, in accordance with the EU directive, to combat the demand for exploitation that is fuelling trafficking in all its forms;
Amendment 489 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Calls on the Member States to ensure that women victims of gender-based persecution genuinely have access to international protection; calls on the Member States follow the Commission guidelines for the implementation of Directive 2003/86/EC on the right to family reunification, including the immediate issue of a residence permit valid in its own right to family members who have entered for reasons of family reunification when there are particularly difficult circumstances, such as domestic violence;
Amendment 552 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Combating racism
Amendment 574 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. ECondemns in the strongest possible terms racial hate speech and remarks stigmatising groups of people on the basis of their social, cultural, religious or foreign origin; expresses its concerns regarding the small number of 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 xenophobia;
Amendment 599 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is deeply concerned at the numerous instances of mistreatment by police forces, particularly regarding the disproportionate use of force against peaceful demonstrators, violations of press freedom, and the small number of police and judicial investigations in this area; is also alarmed at the increase in the use of non-lethal weapons in the policing of demonstrations; notes out that demonstrating is a fundamental right and that police forces are principally there to serve the safety and protection of individuals; calls on the Member States not to adopt measures that call into question or even criminalise the exercise of fundamental rights and freedoms such as the rights to demonstrate and strike, the rights of meeting and association and the right of free expression, and calls on them to take measures to ensure that the use of force remains exceptional and duly justified by a real and serious threat to public order; calls on Member States to put an immediate end to police checks based on racial profiling;
Amendment 621 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Stresses that the European Union and its Member States must respect the non-refoulement principle and the right of all asylum seekers to have access to an asylum procedure at both sea and land borders; condemns violations of these fundamental rights at borders; calls on the Commission to monitor compliance with these rights by Member States and to launch infringement proceedings in the event of non-compliance;
Amendment 625 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Roundly condemns the security protection at the EU’s borders, which now sometimes even takes the form of walls and barbed wire, and the lack of legal routes for entering the European Union, which results in many asylum seekers and migrants being forced to resort to increasingly dangerous methods, placing them at the mercy of people-smugglers and traffickers;
Amendment 626 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Notes that ways and means exist of ensuring secure access to the European Union for migrants and refugees, and calls in particular for the creation of legal routes, easier access to international protection, the abolition of airport transit visas used by some Member States, the application of procedural guarantees as provided in the Community Code on Visas, the activation of the 2001 Temporary Protection Directive, and increased security for the sea and land access areas to the EU, not in order to intercept migrants but to ensure their safety; calls for the funding currently allocated to Frontex to be transferred to organising surveillance operations if Frontex is unable to take action in this area;
Amendment 641 #
Motion for a resolution
Paragraph 14 – introductory part
Paragraph 14 – introductory part
14. Deplores the repeated and tragic losses of life in the Mediterranean; reiterates the need to make every possiblfact that large numbers of asylum seekers and migrants seeking to reach the European Union are continuing to die in the Mediterranean; reminds Member States of their international obligations to help persons in distress at sea and respect the principle of non- refoulement, and of the need to make efforts to:
Amendment 648 #
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
– save the lives of persons in danger; regrets, therefore, the ending of the ‘Mare Nostrum' operation and calls for the establishment of a multi-national rescue operation on at least the same scale;
Amendment 651 #
Motion for a resolution
Paragraph 14 – indent 1 a (new)
Paragraph 14 – indent 1 a (new)
– ensure effective access to international protection for all persons intercepted at sea or at land borders, as well as conditions of reception complying, as a minimum, with European and international law;
Amendment 663 #
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve legal avenues open to refugeecreate legal and safe avenues for asylum-seekers, including the granting of humanitarian visas, the abolition of airport transit visas used by some Member States, the application of the procedural guarantees provided for in the Community Code on Visas and the activation of Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons;
Amendment 677 #
Motion for a resolution
Paragraph 14 – indent 3 a (new)
Paragraph 14 – indent 3 a (new)
– carry out an in-depth assessment of the impact on migrants’ rights of interception and control mechanisms, such as Frontex, Eurosur and external cooperation on migration and border management with neighbouring countries;
Amendment 681 #
Motion for a resolution
Paragraph 14 – indent 3 b (new)
Paragraph 14 – indent 3 b (new)
– suspend all activities identified as being in violation of fundamental rights under EU law or the Frontex mandate;
Amendment 687 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the current readmission agreements to be suspended and for the negotiations on new readmission agreements also to be suspended until the assessment of those agreements has been concluded; calls on the Commission to provide a tangible follow-up to its 2011 report criticising the EU’s readmission measures and agreements with non-EU countries; condemns the fact that the conclusion of visa liberalisation or partnership agreements with non-EU countries is increasingly often tied to the conclusion of a readmission agreement;
Amendment 691 #
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Stresses the negative impact which the Dublin Regulation has on effective access to international protection in the absence of a genuine common European asylum system, particularly in light of ECJ and ECHR case law; condemns the fact that the revision of the Regulation did not lead to its suspension, or at least the abolition of return to the first country of entry into the EU, and the absence of action by the Commission and the Member States on a possible alternative based on solidarity between Member States;
Amendment 692 #
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Stresses the importance of democratic control of EU external cooperation; notes, in this regard, that Parliament must give its agreement, in accordance with the consent procedure, to any external cooperation agreement concluded between Frontex and a non-EU country, and monitor its implementation on the basis of an in-depth and regular assessment of its impact on the human rights of migrants and refugees; strongly opposes the signing of any external cooperation agreement with non-EU countries in which human rights are not respected; calls for the immediate suspension of the negotiations begun with countries in the Horn of Africa in the context of the Khartoum Process;
Amendment 693 #
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Denounces laws under which ships’ captains who provide assistance to migrants in distress at sea are prosecuted and have their vessels confiscated, and demands a review of those laws as well as those penalising airlines which do not carry out police work; calls on the European Union and the Member States to implement the recommendations made in the report adopted by the Parliamentary Assembly of the Council of Europe in April 2012 entitled ‘Lives lost in the Mediterranean Sea: who is responsible?’;
Amendment 694 #
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
Amendment 710 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns the almost systematic practice of detaining irregular migrants, including asylum-seekers and unaccompanied minors, as a prelude to their expulsion; calls on Member States to comply with the provisions of the ‘Return Directive’; condemns the carrying out of expulsion measures without judicial control; reminds the Member States that, in accordance with the provisions of the ‘Return Directive’, detention is a measure of last resort and calls for detention centres which do not comply with procedural guarantees to be closed; calls on the Commission to pursue infringement proceedings against Member States which do not comply with EU legislation in this area;
Amendment 711 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that both international law and the EU Charter of Fundamental Rights require Member States to examine alternatives to detention, as an application of the principles of necessity and proportionality in order to avoid arbitrary deprivation of liberty; Alternatives to detention include but are not limited to such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place;
Amendment 712 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns the use of prisons, police stations and cells/enclosed areas in international airports, train stations and ports, as well as so-called ‘reception centres’, in particular at the external borders of the EU, for the purposes of detaining migrants and asylum-seekers;
Amendment 713 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in numerous Member States, and urges the Commission to propose a revision of Regulation 862/2007 so that it will include statistical data on the operation of detention systems and facilities;
Amendment 714 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses the importance of democratic control of all forms of deprivation of liberty pursuant to the laws on immigration and asylum; calls on Members of the European Parliament and of national parliaments to pay regular visits to reception and detention centres for migrants and asylum-seekers and calls on the Member States and the Commission to facilitate access to these centres for NGOs and reporters;
Amendment 733 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and the EU agencies (EASO, Frontex and Eurostat) to be particularly vigilant over the compilation and use of statistical data and figures when quantifying migration flows; points out, in this regard, that all such data must always be used in context; is particularly concerned at the fact that some of these statistics, especially where percentages are used, are increasingly being manipulated in such a way as to cause alarm, or are being taken out of context;
Amendment 759 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the way in which the financial and economic crisis and the measures takenRoundly condemns the effects of the austerity policies adopted ostensibly in response to the economic and financial crisis, which have led to violations of economic, social and cultural rights, specifically the right to employment, the right to social security, the right to dheal with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolationth, the right to housing, and the right to education, resulting in increased instances of poverty, precarious living conditions, atypical work, exclusion, and isolation, so much so that, as a recent Eurostat note points out, one European in four is today at risk at poverty and exclusion; points out that extremely poor living conditions affect women, children, and the elderly in particular and translate into a great deal of hardship and numerous violations of fundamental rights and freedoms;
Amendment 762 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Roundly condemns the fact that violations of these kinds are being combined with policies criminalising poverty in several Member States, especially where the homeless are concerned:
Amendment 763 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Condemns the fact that, at a time when economic and social rights are being destroyed, politicians are jeopardising universal access to entitlements and calling for specific groups, including migrants and asylum- seekers, to be excluded; condemns the utterances of politicians seeking to make scapegoats of those groups;
Amendment 771 #
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 and consequences; stresses that the EU institutions are always under an obligation to observe the Charter, even when acting outside the framework of EU law;
Amendment 781 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions to look into the impact on fundamental rights and freedoms, and on working conditions and pay, of the measures proposed or implemented to deal with the crisis and to take remedial action immediately;
Amendment 793 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austerity measures, to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of economic and social rightsMember States to adopt policies predicated on social equality and solidarity in order to guarantee economic and social rights for all and combat the inequalities affecting the most disadvantaged;
Amendment 816 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Deplores the fact that many Member States have imposed restrictions on the freedom to demonstrate and freedom of association in response to protests against austerity policies, one example being Spain and the adoption of its Security Act, and calls on Member States to fully respect fundamental rights as set out in the ECHR and the Charter of Fundamental Rights;
Amendment 819 #
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Citizenship
Amendment 820 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Points to the need to enable civil society to participate fully in decision- making at European level, this being guaranteed by Article 11 of the Treaty on European Union, and stresses the importance of the principles of transparency and dialogue;
Amendment 821 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Condemns the fact that more than 15 million nationals of non-EU countries and 500 000 stateless persons are being discriminated against on account of the refusal to recognise their citizenship; calls on the EU and its Member States to respect the fundamental right to citizenship and in particular calls on the Member States to ratify, and give full effect to, the 1961 Convention on the Reduction of Statelessness and the 1997 European Convention on Nationality;
Amendment 841 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption and organised crime 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; Asks therefore the Commission to propose a directive on whistleblowing to protect those who have the resolution to denounce illegal actions, crucial for anticipating corruption and its devastating effects; It proposes the establishment of March 21 as commemoration date for European families of innocent victims of all mafias; Is committed to work on the establishment of a European Public Prosecutor not forgetting environmental crimes and money laundering as problems gripping the whole of Europe;
Amendment 869 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deplores the conditions in the prisons and other custodial institutions of numerous Member States; 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; calls on the Member States to pay particular heed to the fact marginalised persons or groups, or those who are discriminated against, can be placed in situations of great vulnerability;