13 Amendments of Beatriz BECERRA BASTERRECHEA related to 2014/2215(INI)
Amendment 4 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Communication COM(2015) 453 final, from the Commission to the European Parliament and to the Council, EU Action Plan on return;
Amendment 5 #
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to Frontex code of conduct for joint return operations coordinated by frontex;
Amendment 33 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas according to Article 2a of the Frontex regulation the code of conduct is applicable to all persons participating in the activities of the Agency;
Amendment 54 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’s initial efforts in taking on board the Ombudsman’s recommendations; acknowledges Frontex’s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 68 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individualis needed in order to provide third country nationals or stateless persons with an opportunity to exercise their individual right to an effective remedy in case of violation of their fundamental rights; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved;
Amendment 71 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that an annual Report from the Fundamental rights officer to the Frontex Consultative Forum and the Ombudsman will guarantee the transparency and the efficiency of the mechanism;
Amendment 99 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses the need for Frontex to inform the third country nationals and stateless persons about the right to present a complaint without relaying only on the Member States official;
Amendment 111 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints shcould not be accepted if presented through a third person working for an international organization as for instance IOM or UNHCR; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 124 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recommends that Frontex should set a reasonable deadline for the submission of a complaint, thus allowing the possibility of filing a complaint after the termination of a Frontex operation; considers this to be of particular relevance for return operations; recommends Frontex to establish a cooperation with the ombudsmen or other competent authorities in the countries of return in order to ensure to the third country nationals to have the possibility to submit the complaint after the return operation;
Amendment 132 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note that Member States handle complaints against guest officers in very different ways; is concerned that alleged fundamental rights violations might not be followed up effectively by some Member States; calls on Frontex and the Member States to cooperate closely in order to ensure the proper follow-up of complaints against guest officers; and to harmonize the complaints mechanisms and effective follow up investigations criteria; and calls on the European Commission to establish a code of best practices in order to guarantee the full respect of fundamental rights among the European Union.
Amendment 143 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; recalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities; recommends Frontex to cooperate closely not only with the national border authorities but also and foremost with the national human rights institutions;
Amendment 147 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justification should be providedcalls on Frontex fundamental rights officer to provide a justification to the complainant should no follow-up procedure be initiated by Frontex;
Amendment 170 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective and gender sensitive information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check;