44 Amendments of Erik MARQUARDT related to 2021/2103(INI)
Amendment 3 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission Guidance of 23 September 2020 on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence,
Amendment 5 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the UNECE Convention of 25 June 1998 on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) and Decision VII/9 of 21 October 2021 on a rapid response mechanism to deal with cases related to Article 3(8) of the Aarhus Convention,
Amendment 10 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 32 #
G. whereas freedom of expression and access to information has been restricted in some Member States; whereas strategic lawsuits against public participation (SLAPPs) have also been used to target civil society organisations (CSOs) and human rights defenders; whereas these exert a severe chilling effect on freedom of expression;
Amendment 45 #
Motion for a resolution
Recital I
Recital I
I. whereas in some Member States, restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal, administrative and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs and draining their capacity to carry out their legitimate work; whereas hate speech, online and offline harassment and attacks also emanate from non-state actors; whereas CSOs and human rights defenders working on women’s rights, including sexual and reproductive health and rights, environmental issues and the protection of minorities and LGBTI rights, as well as those providing assistance to migrants and asylum seekers and those involved in search and rescue operations, are particularly exposed;
Amendment 49 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 61 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas civic space restrictions in neighbouring countries have also implications and impact on the state of civil society in the European Union;
Amendment 63 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas in some Member States emergency legislation in response to the health crisis has been used as a pretext to arbitrarily restrict fundamental rights and freedoms and crackdown on civil society and other dissenting voices; whereas these measures have been found in some cases not to have met the necessity, proportionality, time limitations and non- discrimination requirements, absent which any restrictions to fundamental rights and freedoms stemming from them cannot be considered legitimate and lawful;
Amendment 67 #
Motion for a resolution
Recital L
Recital L
L. whereas the right to peaceful assembly has been restricted due to necessary social distancing rules in a majority of Member States; whereas some Member States have passed laws restricting the right to peaceful assembly in the past years, also concerning permission and notification requirements; whereas in some Member States, the powers of law enforcement authorities are increasing, generating concerns over their necessity and proportionality;
Amendment 69 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas while the spread of the Covid-19 pandemic has seen an unprecedented engagement of civil society organisations in providing solutions to the crisis and providing support to people in vulnerable situations, it has considerably impacted the right of association, assembly and expression; whereas despite their role on the ground, civil society organisations have not been consulted in the development of emergency measures;
Amendment 78 #
Motion for a resolution
Recital O
Recital O
O. whereas foreign funding has been the target of legal and political attacks in some Member States; whereas any restrictions imposed on civil society organisations receiving foreign funding is contrary to Union law, namely on free movement of capitals (Article 63 TFEU) and the Charter of Fundamental Rights of the European Union, including the rights to freedom of association and public participation, as recently found by the CJEU in C-78/18;
Amendment 84 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Acknowledges that the civic space is an integral element of democracy, the rule of law and fundamental rights, and thus the Union should commit to the preservation and cultivation of civic space at regional and local, national and European levels; recognizes that the civil society has effectively played a crucial role in the system of governance of the Union, including by significantly contributing to formulation and implementation of Union policies as well as by implementation of common European values and protection of citizens’ rights;
Amendment 85 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Recognizes that the strategic goals of the Union such as combating the climate change, digital transformation and recovery from the COVID-19 pandemic, will be impossible to achieve without the contribution of civil society, which promotes these goals among European societies, as well as implements them on all levels, while ensuring that interests and rights of stakeholders and affected communities are respected;
Amendment 86 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU values and fundamental rights, and the implementation of EU policies and strategies; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, giving access to crucial services, providing expertise in policy-making, promoting active citizenship and acting as schools of democracy and being indispensable watchdogs exercising democratic control over state institutions and ensuring accountability for public action;
Amendment 96 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects; reminds Member States of their positive obligation to ensure an enabling environment for civil society organisations, where they can exercise their fundamental watchdog role freely and without hindrance from both state and non-state actors;
Amendment 97 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects, such as SLAPPs, incitement to hatred and/or violence against rights defenders and organisations, and the creation of legal or administrative hurdles affecting their daily operations;
Amendment 114 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Agrees with the Commission that when civil society’s space to operate shrinks, it is a sign that the rule of law is at risk; urgwelcomes the Commission, thereforefact that the Commission has put environment for civil society under scrutiny as part of the annual rule of law report, which rightly indicates that the rule of law cannot function without a vibrant civil society operating in a secure and enabling environment; urges the Commission, to step up and structure its monitoring of the situation of civic space in the Member States by creating a ‘European civic space index’ based on existing frameworks for measuring civic space, and by dedicating to civic space a fully-fledged chapter including country recommendations in its annual rule of law report, which should also cover fully fundamental rights;
Amendment 124 #
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy for protection and development of civic space within the Union that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies, while clearly linking monitoring and reporting tools to enforcement mechanisms to ensure timely and effective follow-up action;
Amendment 129 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 130 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 133 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on other institutions to ensure consistency of its internal and external policies as regards protecting and enabling civic space, including by adopting internal guidelines on human rights defenders that would mirror the ones applying to EU external action;
Amendment 139 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the ability of CSOs to act depends on the existence of an enabling legal and political environment, in particular on the exercise of freedom of association, peaceful assembly and expression and the right to public participation; urges Member States to guarantee the exercise of these rights in conformity with international standards;
Amendment 151 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to include a systematic civic space check in its impact assessments in order to prevent planned legislation from having negative effects on civic space; calls on the Commission to monitor the implementation of EU law to ensure it does not negatively affect civic space and provide remedies when it is the case;
Amendment 155 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to propose EU legislation to fill gaps and address challenges affecting civil society actors across the Union, and to provide guidance on how to use EU law to better protect civil society;
Amendment 159 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies onlyrespect and facilitate the exercise of the right to peaceful assemblies which can only be limited in exceptional circumstances if strictly necessary and in a proportionate way; condemns any unnecessary use of force against protesters, as well as their criminalisation, prosecution and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly;
Amendment 168 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns any threats, smear campaigns, abusive litigation and attacks perpetrated on CSOs by state actors; equally condemns all instances of attacks and threats perpetrated by non-state actors, including, but not limited to SLAPPs; recalls the importance of adequate and objective information on the activities of CSOs in media, especially public media;
Amendment 176 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges Member States to unequivocally condemn such acts, adopt preventive measures and systematically, promptly, thoroughly, independently and impartially investigate any related allegations;
Amendment 179 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Maintains that Member States should not introduce or apply criminal law provisions restricting or otherwise adversely affecting the registration, operations, financing and cross-border movements of CSOs; is concerned in that respect by the interpretation in some Member States of EU provisions in the field of migration, such as the Facilitation Directive or Carriers Liability Directive, which lead to criminalisation of CSOs’ activities in the field of search and rescue and assisting migrants and asylum seekers, often in contradiction with the Commission’s guidance; urges the Commission to actively monitor and take action against Member States that criminalise and wrongfully prosecute search and rescue activities by individuals and CSOs, in violation of EU law and Commission guidance;
Amendment 185 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 186 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges the Commission to use its enforcement powers against Member States which unduly restrict civic space in violation of EU laws, including through infringement proceedings, the Rule of Law Framework, the new Conditionality Regulation and the procedure laid down in Article 7 TEU; calls on the Commission to ensure civil society's active participation and meaningful contribution to these processes;
Amendment 193 #
15. Urges the Commission to propose a comprehensive set of measures and recommendations to ensure long-term financing for CSOs including the funding of their operational activities related to advocacy and monitoring; stresses the importance of securing complementary sources of funding; emphasises that public funding should cover all types of civil society activities; underlines that issue campaigns of CSOs should not be subject to funding limitations under the pretext of overlapping with elections and other political campaigns; notes that often funds available for CSOs require co- financing, which in turn mans that the beneficiary needs to raise a share of the required funds from other sources which can be detrimental to the organisation; therefore believes that the share of required co-financing should be limited and that different means need to betaken into account which could be monetarised such as volunteer time or contributions in kind;
Amendment 208 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is gravely concerned by the emergence of GONGOs and related discriminatory and often opaque public funding practices; warns against their detrimental effect on pluralism and diversity within civil society, the perceived legitimacy of CSOs and hence on citizens’ willingness to engage in active citizenship; calls on Member States to investigate and take action against groups instigating hate; urges the Commission to address allegations of unequal distribution of EU funding to civil society organisations in the context of the implementation of the new Conditionality Regulation;
Amendment 215 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strand; calls for specific emergency funding and practical support for civic actors and human rights defenders at risk;
Amendment 220 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Considers that budgetary support for civil society organisations should not only be foreseen, but also promoted and supported in all EU programmes; regrets that the European Recovery Package did not target specifically civil society organisations in addition to business and small and medium companies; calls upon the Commission and Member States to ensure that CSOs are involved throughout the implementation and the monitoring of the National Recovery and Resilience Plans and of other funds under shared management; calls on the Commission to ensure that independent civil society organisations are not negatively impacted by the withdrawal of funding, by providing for specific modalities to channel funding to CSOs adapted to the environment in which they operate;
Amendment 231 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU funds earmarked to support civil society are only awarded to organisations that are strictly independent from any government and fully adhere to EU values;
Amendment 238 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns attempts by certain Member States to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising CSOs; recognises the importance of compliance with national rules in the field of taxation and fight against money laundering but reminds that such rules and transparency of funding in general cannot be abused to obstruct activities of CSOs and create a chilling effect affecting their members and donors;
Amendment 252 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for an EU-level definition of the concept of public benefit, as that would boost cross-border donations insofar as it would enable mutual recognition of public benefit status and equal treatment in terms of the related advantages; invites the Commission to set up measures to remove obstacles to cross border philanthropy and ensure equal treatment of donations across borders in line with CJEU rulings;
Amendment 254 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the importance of civil dialogue in informed policy-making and emphasises that the privileged position of CSOs in contact with citizens, and theirCSOs play a key role as intermediaries between citizens and authorities at all levels, by ensuring a structured dialogue, and empowering those furthest away to participate and voice their concerns, while expertcise, confers on them a key role in civil dialogueing democratic control over and ensuring accountability for public action;
Amendment 265 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets that civil dialogue often remains an ad hoc process; calls on the Member States to develop coherent policy frameworks that ensure structured, predictable and long-term processes, inclusive participation and systematic review; calls on the Commission to provide recommendations prepared in close cooperation with civil society, based on the analysis of existing practices;
Amendment 268 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Considers that all EU institutions must review their terms of engagement with CSOs in line with Article 11 TEU to ensure an open, transparent, meaningful and regular dialogue with civil society, on an equal footing with other stakeholders; calls for an interinstitutional agreement on civil dialogue between all main institutions covering all areas of Union policy as well as transversal processes such as, for example, the State of the Union or the Conference on the Future of Europe;
Amendment 275 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the attribution to a Commission Vice-President of the responsibility to maintain an open, transparent and regular dialogue with civil society; stresses that civil dialogue should be further operationalised; calls on the Commission to set up within each Directorate General specific focal points for civil society to be in close contact with the Vice-President and the coordination of the Secretariat General; invites the Commission to set up a participatory status with civil society;
Amendment 279 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to leverage the definition of national programmes implementing EU funds and the implementation by Member States of EU strategies and action plans to require Member States to put in place effective civil dialogue mechanisms; calls for reinforcing civil society participation within the European Semester process and in the monitoring of the European Recovery Package;
Amendment 283 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Welcomes the European Year of Youth as an opportunity to further promote civic participation and dialogue in a democratic society;
Amendment 284 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Commits itself to ensure a genuine follow-up of this report and calls on the Commission and the Council to make the same commitment;