16 Amendments of Mario BORGHEZIO related to 2008/2184(INI)
Amendment 2 #
Motion for a resolution
Citation 5
Citation 5
Amendment 5 #
Motion for a resolution
Citation 6
Citation 6
Amendment 14 #
Motion for a resolution
Recital I
Recital I
I. whereas according to the Commission Report, the overall transposition of Directive 2004/38/EC is rather disappointing, as not one Member State has transposed the Directive effectively and correctly in its entirety and, moreover, not one article of the Directive has been transposed effectively and correctly by all Member States, and whereas, particularly as in at least twenty Member States the incorrectness of the transposition concerns crucial provisions of the DirectiveMember States have failed to transpose Directive 2004/38/EC fully and accurately,
Amendment 24 #
Motion for a resolution
Recital S - indent 1
Recital S - indent 1
– restrictivthe interpretation by Member States of the notion of "family member" (Article 2), of "any other family member" and of "partner" (Article 3), particularly in relation to same sex partners, and their right to free movement under Directive 2004/38/EC,
Amendment 25 #
Motion for a resolution
Citation S - indent 1 - footnote
Citation S - indent 1 - footnote
Amendment 28 #
Motion for a resolution
Citation S - indent 2 - footnote
Citation S - indent 2 - footnote
Amendment 34 #
Motion for a resolution
Citation S - indent 4 - footnote
Citation S - indent 4 - footnote
Amendment 35 #
Motion for a resolution
Recital S - indent 5
Recital S - indent 5
- Union citizens are often required to submit to the authorities of the host Member State unjustified additional documents not provided for in Directive 2004/38/ECdocuments providing evidence of lawful employment and, thereby, that their resources were lawfully obtained, identity papers, an application for registration with the authorities and a certificate from the criminal records office,
Amendment 38 #
Motion for a resolution
Recital S - indent 5 - footnote
Recital S - indent 5 - footnote
Amendment 47 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out, nonetheless, that under the provisions of Articles 18 and 64 of the EC Treaty the Member States retain the right to exercise their responsibilities with regard to the maintenance of law and order and the safeguarding of internal security;
Amendment 54 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to fully implement the rights granted under Article 2 and Article 3 of Directive 2004/38/EC not only to different sex spouses, but also to registered partners, members of the household and partners, including same- sex couples and irrespective of nationality, on the basis of the principles of mutual recognition, equality, non- discrimination, dignity, private and family life; in this regard, calls the Commission to issue strict guidelines, in addition drawing on the analysis and conclusions contained in the Fundamental Rights Agency report;
Amendment 61 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the situation of registered partners covered by the directive is not always clear, in particular in countries where registered partnerships are not recognised, and points out that family law is the exclusive preserve of the Member States;
Amendment 63 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Notes the lack of legal certainty in the large number of cases of abuses of rights, forced marriages and marriages of convenience that have arisen;
Amendment 67 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States, while implementing the right to free movement, not to place unjustifiedthe fewest possible administrative burdens on Union citizens and their family members that are not expressly provided for in Directive 2004/38/EC, as these are contrary to EC law and an unjustified obstacle to the exercise of a freedom conferred directly by the EC Treaty, which is not dependent on their having completed administrative procedures; reminds Member States of their duty to facilitate; reminds Member States of the need to simplify, in cooperation with applicants, administrative practices linked to the exercise of the right to free movement;
Amendment 76 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Member States not to introduce legislation that imposes disapproportionate or discriminatoryriate sanctions on Union citizens, such as imprisonment in the event of expulsion from the territory of the host Member State, providing that it is an aggravating circumstance in relation to a criminal offence committed by a Union citizen if that citizen had previously been illegally staying in another Member State or providing that the automatic consequence of a criminal conviction is expulsion;
Amendment 82 #
Motion for a resolution
Paragraph 8
Paragraph 8