37 Amendments of Domènec RUIZ DEVESA related to 2019/2199(INI)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of the use of the EU Charter of Fundamental Rights by Member States at a national level by national courts and through inclusion in legislative procedures; regrets that there has only been a limited attempt at promoting the application of its provisions, even though it is an obligation stated in Article 51 of the Charter;
Amendment 6 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the fundamental rights of European citizens, as enshrined in the Charter of Fundamental Rights of the European Union, are not being upheld by certain Member States, and that this weakens the European project and undermines the quality of democracy in the European Union;
Amendment 12 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the Commission to ensure that the Charter of Fundamental Rights of the European Union is upheld and adhered to so that fundamental rights are fully applied in all Member States of the Union;
Amendment 19 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with concern that a number of Member States have not fully or correctly implemented the Council Framework Decision of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law1 and its minimum standards on offences of denying, condoning and grossly trivialising certain crimes; calls on the Member States to take action, in accordance with the Charter, to guarantee that citizens are given universal access to high-quality health services, justice, social services and education; _________________ 1 OJ L 328 of 6.12.2008, p. 55-58.
Amendment 33 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that an independent judiciary, freedom of expression and information and media pluralism are crucial components of the rule of law; calls on the Commission to enforce these core EU values when infringed by Member States; proposes that the Commission set up an EU body to monitor compliance with the rule of law in the Member States;
Amendment 44 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to further implement the principles of the Pillar of Social Rights to ensure social fundamental rights at EU and national level, such as the integration of persons with disabilities, just and fair working conditions, social benefits and social assistance; urges the Commission and the Member States to boost involvement and transparency in monitoring mechanisms focusing on social inclusion measures for people with disabilities, as laid down in Article 26 of the Charter;
Amendment 75 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need for progress to be made in legislation at EU level to protect the public against offences relating to new technologies that could infringe their fundamental rights;
Amendment 112 #
Motion for a resolution
Recital A
Recital A
A. whereas the EU is not merely a monetary union, but also a social one, as enshrinvalue based one; whereas Article 2 of the TEU states that the EU is founded ion the Charter, the European Convention on Hvalues of respect for human dignity, freedom, democracy, equality, the primacy of law and human Rrights, the European Social Charter and the European Pillar of Social Rightsincluding the rights of persons belonging to minorities – values which are shared by all the Member States and which must be upheld and actively promoted by the EU and each Member State individually in all their policies, both internally and externally in a consistent way;
Amendment 115 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 17 of the TEU states that the Commission must ensure the application of the Treaties; whereas a refusal by a Member State to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of state actions is undermining the credibility of the EU as a legal area;
Amendment 128 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the EU is also a social union, as enshrined in the European Convention on Human Rights, the European Social Charter and the European Pillar of Social Rights;
Amendment 134 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas we see increased violation of rights related to equality, freedoms and justice; 1a whereas “today we see not only human rights violations, but the rejection of human rights protection systems as a whole” 1b __________________ 1a FRA Fundamental Rights Report 2019 1bFundamental Rights Forum 2018, Chair´s Statement, 23/10/2018 https://fra.europa.eu/sites/default/files/fra _uploads/fra-2018-frf-2018-chair- statement_en.pdf
Amendment 182 #
Motion for a resolution
Recital C
Recital C
Amendment 195 #
Motion for a resolution
Recital D
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23, Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24 Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019
Amendment 217 #
Motion for a resolution
Recital F
Recital F
F. whereas pushbacks constitute a violation of EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 ; whereas the Council of Europe Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25Letter from the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26Third party intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.
Amendment 228 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas intolerance, racism, xenophobia and discrimination has increased in the society as a whole, but also in the political scene through growing far-right movements; whereas successful integration and social inclusion require effective protection from discrimination and hate crime; whereas failure to do so can have a negative effect on the social cohesion in the society; 2a __________________ 2a FRA, Second European Union Minorities and Discrimination Survey
Amendment 235 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas racial, ethnic and religious minorities face structural racism, discrimination, hate-crime and hate-speech, lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which needs to be acknowledged as major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;
Amendment 238 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas afrophobia has just started to be acknowledged at the EU- level; whereas national authorities have not developed policies and measures to tackle discrimination against people of African descent, racial profiling, racially motivated harassment and violence;
Amendment 241 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas anti-Gypsyism remains pervasive across the EU, where structural anti-Gypsyism and sustained socio- economic inequalities affect Roma in areas such as housing, healthcare, employment and education; whereas Roma people suffer increased hate speech in public, in social media and by politicians, police violence, including collective punishment, racial profiling, residential and school segregation;
Amendment 244 #
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. Whereas anti-Semitism remains pervasive across the EU, with several Member States reporting increases in crimes motivated by anti-Semitism; whereas those who experience anti- Semitic harassment generally do not report the incidents to the police;
Amendment 267 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measures have deeply impacted the social fabric of the EU in many Member States and that this continues today – exacerbating already widening inequalities and breaching fundamental rights – and affects in particular women, migrants, Roma, Travellers and other people in disadvantaged groups with a particular ferocity;
Amendment 317 #
Motion for a resolution
Paragraph 4 aa (new)
Paragraph 4 aa (new)
4aa. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as anti- Semitism, islamophobia, afrophobia and anti-Gypsyism, and tend to become normalised in Member States;
Amendment 318 #
Motion for a resolution
Paragraph 4 ab (new)
Paragraph 4 ab (new)
4ab. Is worried by increased participation of political parties promoting racist, xenophobic and other discriminatory ideas, policies and practices, and by the refusal by some Member States to fully uphold EU law, to safeguard the separation of powers and the independence of the judiciary, which is undermining the credibility of the EU as a legal area;
Amendment 319 #
Motion for a resolution
Paragraph 4 ac (new)
Paragraph 4 ac (new)
4ac. Calls for full implementation of legislations and stronger sanctions against any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health;
Amendment 320 #
Motion for a resolution
Paragraph 4 ad (new)
Paragraph 4 ad (new)
4ad. Calls on the Member States to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to combat persisting afrophobia, anti-Gypsyism, anti-Semitism and islamophobia; points out that the Member States should put forward or review national inclusion strategies to ensure that all people regardless of race, ethnicity, religion, gender or any other status are empowered to actively participate in social, economic, political and cultural life;
Amendment 321 #
Motion for a resolution
Paragraph 4 ae (new)
Paragraph 4 ae (new)
4ae. Calls for the quick adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 367 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the landmark judgment of the European Court of Justice in the Common case in June 2018, which clarified that term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex; urges the Member States in the EU that do not recognise either same- sex partnerships or marriages to amend their national laws in such a way as to provide a legal framework for ensuring that the CJEU’s ruling is properly implemented.;
Amendment 374 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Expresses concern that six EU Member States, Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia, have not yet ratified the Istanbul Convention;
Amendment 403 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern at the lack of reporting of hate crimes by victims owing to inadequate safeguards and to the failure of authorities to investigate properly and obtain convictions for hate crimes in the Member States;
Amendment 413 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is deeply concerned about a backlash in rights and attitudes to LGBTI persons and a sharp rise of hate speech, often carried out by public figures; strongly condemns anti-LGBTI rhetoric and the proclamation of “LGBT-free zones” or “zones free from LGBT ideology”;
Amendment 462 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that it is imperative to ensure that the arts, scientific research and academic freedom are not restricted, in accordance with Article 13 of the Charter of Fundamental Rights; condemns any attempts to violate that right. Is concerned by the regression of freedom in the arts and sciences across Europe; decries the increasing pressure on academic freedom and institutional autonomy; condemns the censoring of artistic expression and creation as well as attempts by governments to limit the independence of cultural institutions;
Amendment 468 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls that in line with Article 11 of the Charter of Fundamental Rights, everyone has the right to freedom of expression, which includes freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers and that the freedom and pluralism of the media must be respected; expresses deep concern over the fact that some governments try to curtail the freedom and pluralism of media to serve their partisan interest, which results in distorting the democratic process; strongly condemns violence, pressure or threats against journalists and media, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 487 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activitiesis also concerned about the general decrease of financial support at national level by some Member States for civil society organisations that are conducting advocacy work; recalls the importance of ensuring adequate funding to support civil society activities; stresses the importance of ensuring funding for advocacy work as-well as other types of work;
Amendment 525 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns the abuses and human rights violations suffered by migrants and refugees, in particular with regard to access to territory, reception conditions, asylum procedures, immigration detention and the protection of vulnerable persons, and recalls the obligations of Member States to international conventions and European laws;
Amendment 536 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; calls for improvements in border mechanisms and consulate working methods to enable potential asylum seekers to apply for international protection;
Amendment 540 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; stresses the importance of a fully operational human rights office within Frontex;
Amendment 548 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses serious concern about the intimidation and arrests of humanitarian workers and volunteers who support migrants in an irregular situation; notes that the trend continued in 2018 and 2019, targeting both rescue vessels deployed by civil society in the Mediterranean, as well as volunteers and non-governmental organisations active in the EU;
Amendment 559 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses grave concern over humanitarian the situation in the hotspots;