Activities of Barbara SPINELLI related to 2017/2089(INI)
Reports (1)
REPORT on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework PDF (327 KB) DOC (107 KB)
Amendments (9)
Amendment 3 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to its resolution of 4 October 2018 on the EU’s input to a UN Binding Instrument on transnational corporations and other business enterprises with respect to human rights,
Amendment 4 #
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
- having regard to the Judgment of the CJEU of 6 November 2018, in Joined Cases C-569/16 and C-570/16, Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn,
Amendment 5 #
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
- having regard to the Opinion 2/13 of the CJEU of 18 December 2014 on the Accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms,
Amendment 6 #
Motion for a resolution
Citation 28 c (new)
Citation 28 c (new)
- having regard to the opinion 2/15 of the CJEU of 16 May 2017 on the Free Trade Agreement between the EU and Singapore,
Amendment 24 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the EU accession to the ECHR is an obligation deriving from article 6 TEU; whereas, following the opinion 2/13 of the European Court of Justice of 18 December 2014, the Commission should present a new draft agreement for the access of the Union to the ECHR by providing positive solutions to the objections raised by the ECJ;
Amendment 71 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that comprehensive trade agreements, free trade agreements and investment protection agreements with third countries might have far-reaching consequences for a wide range of human rights; asks the Commission to go beyond the usual ‘integrated approach’ followed in its impact assessments, and to carry out specific human rights impact assessments prior to the conclusion of any trade negotiations, by taking full advantage of the UN Guiding Principles on human rights impact assessments of trade and investment agreements; asks the Commission to enrich its trade and investment agreements by requiring the parties as well as companies and investors to respect international human rights standards and obligations, in addition to those arising from domestic laws; asks the Commission to provide for an independent monitoring and complaint mechanism that can be seized by affected populations and that has the authority to make rulings with regard to the negative impact that trade and investments agreements may have on human rights; calls furthermore on the Commission to regularly include, in international agreements, human rights- based reporting and review clauses;
Amendment 73 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that the conclusion by the EU, or by its Member States with the formal endorsement of the EU institutions, of agreements of political nature with third countries - such as the so-called ‘EU-Turkey Statement’ of 18 March 2016, the ‘EU-Afghanistan Joint Way Forward’ of 2 October 2016 or ‘The Italy-Libya Memorandum of Understanding’ of 2 February 2017 - must be guided by those same principles and standards which are intended to inform all of the decisions of the EU institutions and that such political nature does not absolve them of the responsibility to ensure that all their actions are in compliance with the EU’s fundamental rights commitments; calls, therefore, on the Commission and the Member States to fully comply with their obligations deriving from the Charter and from the international human rights law when implementing those instruments and to carry out ex-ante and ex-post regular assessments of their impact on human rights and fundamental freedoms; at the same time, calls on the European Council, the Commission and the Member States to refrain from further adopting or endorsing agreements of such kind as a way to circumvent their Charter’s obligations and the checks and balances built into the EU legal framework;
Amendment 75 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Underlines the close relationship between the provisions of the Charter, those of the EU Treaties and the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, as laid down in article 18 of the Charter itself; stresses that the setting-up and development of the EU migration policy, pursuant to articles 67 and 80 TFEU, shall be rooted on that strict correlation, while upholding the principle of solidarity and fair sharing of responsibility among Member States; calls, furthermore, on the Council, Commission and the Member States to refrain from concluding migration-related agreements with third countries, while suspending the ones already in place, which do not guarantee the full respect, protection and promotion of the provisions enshrined in the relevant European and international human rights law instruments;
Amendment 82 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets the absence, in many EU agencies’ founding regulations, of an explicit reference to the Charter; calls on the co-legislators to urgently fill this gap, and to provide, taking account of the mandate and the specificities of each individual agency, for additional operational mechanisms such as, for instance, the establishment of internal fundamental rights officers and of independent complaint mechanisms;