18 Amendments of Erik MARQUARDT related to 2022/0806(NLE)
Amendment 2 #
Proposal for a decision
–
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The European Parliament rejects the draft Council decision.
Amendment 4 #
Draft legislative resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the judgment of 18 November 2021 of the European Court of Human Rights in case M.H. and others v. Croatia (Applications nos. 15670/18 and 43115/18),
Amendment 6 #
Draft legislative resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the report of 3 December 2021 to the Croatian Government on the visit to Croatia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
Amendment 8 #
Draft legislative resolution
Citation 7 c (new)
Citation 7 c (new)
– having regard to the Decision of the European Ombudsman of 22 February 2022 in case 1598/2020/VS concerning how the European Commission monitors and ensures respect for fundamental rights by the Croatian authorities in the context of border management operations supported by EU funds,
Amendment 10 #
Draft legislative resolution
Citation 7 d (new)
Citation 7 d (new)
– having regard to the Croatian Ombudsperson Annual Report 2020 of 26 February 2021, ‘Izvješće pučke pravobraniteljice za 2020. godinu’,
Amendment 11 #
Draft legislative resolution
Citation 7 e (new)
Citation 7 e (new)
– having regard to the Fundamental Rights Report 2022 of 8 June 2022 of the European Union Agency for Fundamental Rights,
Amendment 12 #
Draft legislative resolution
Citation 7 f (new)
Citation 7 f (new)
– having regard to the judgment of Federal Administrative Court of Switzerland (BVG) of 12.06.2019, in case BVGE 3078/2019, regarding the annulment of a Dublin transfer to Croatia,
Amendment 13 #
Draft legislative resolution
Citation 7 g (new)
Citation 7 g (new)
– having regard to the Article of the ‘Guardian’ of 15 June 2020 ‘EU “covered up” Croatia’s failure to protect migrants from border brutality’, and the results of the joint investigation published by Lighthouse Reports on 6 October 2021 ‘Unmasking Europe’s shadow armies’,
Amendment 14 #
Draft legislative resolution
Citation 7 h (new)
Citation 7 h (new)
– having regard to the Annual Report of the Independent Mechanism of Monitoring the actions of police officers of the Ministry of the Interior in the area of illegal migration and international protection, June 2021 - June 2022, published in July 2022,
Amendment 16 #
Draft legislative resolution
Recital A
Recital A
A. whereas a fully functioning Schengen area and its enlargement to include the Schengen candidate countriesthe Schengen area is one of the most tangible achievements of an integrated Europe to the benefit of people and remains key for further political, economic and social integration, fostering cohesion and bridging gaps between countries and regions, and a prerequisite for safeguarding the principle of freedom of movement whilst increasing security in the EU as a whole;
Amendment 33 #
Draft legislative resolution
Recital D a (new)
Recital D a (new)
Da. whereas systematic and severe violations of fundamental rights perpetrated by Croatian authorities at the country’s external borders have been widely reported by international organisations, civil society organisations and media outlets;
Amendment 35 #
Draft legislative resolution
Recital D b (new)
Recital D b (new)
Db. whereas the European Court of Human Rights, in case M.H. and others v. Croatia, found Croatia in violation of the Convention following the death of six- year-old Afghan Madina Hussiny;
Amendment 37 #
Draft legislative resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the establishment of an independent monitoring mechanism at the external borders was an integral part of the conditions set by the Commission to Croatia for receiving emergency assistance under the Internal Security Fund - Borders and Visa; whereas actions funded under the instrument shall be implemented in full compliance with fundamental rights and respect for human dignity;
Amendment 39 #
Draft legislative resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the full compliance with fundamental rights is a horizontal obligation stemming from, inter alia, Regulation (EU) 2016/399 (Schengen Borders Code) and Regulation (EU) 2019/1896 (European Border and Coast Guard Regulation);
Amendment 42 #
Draft legislative resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls Croatia of its obligations and commitments under the Schengen acquis, including the full compliance with fundamental rights;
Amendment 43 #
Draft legislative resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on Croatia to strengthen the mandate, independence and transparency of the ‘independent mechanism of monitoring the actions of police officers of the Ministry of the Interior in the area of illegal migration and international protection’, in line with the standards of the Council of Europe; calls, furthermore, on Croatia to ensure that the independent monitoring mechanism shall be able to have unhindered access to the entire border area, including the green borders, to receive and act upon information available in the public domain and/or information from international organisations, non-governmental organisations, journalists, EU agencies and institutions and affected individuals, and designed in a way to ensure direct accessibility for victims of violations, also for those in third countries; finally, calls on Croatian authorities to promptly and effectively follow-up all reported violations;
Amendment 44 #
Draft legislative resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission, in line with the suggestions made by the European Ombudsman, to provide clear and up-to-date public information on the functioning of the monitoring mechanism in Croatia, to oversee the mechanism and monitor whether it is indeed independent and that it is effective in ensuring compliance with fundamental rights and EU law, and to demand concrete and verifiable information from the Croatian authorities on the steps taken to investigate reports of collective expulsions and mistreatment of migrants and asylum seekers;
Amendment 45 #
Draft legislative resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Call on the Council to adopt its decision on the full application of the provisions of the Schengen acquis in the Republic of Croatia exclusively after the conditions set in paragraphs 1a, 1b and 1c above are fully met;