42 Amendments of Luis de GRANDES PASCUAL related to 2010/2311(INI)
Amendment 6 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas jihadist, separatist and anarchist terrorism is a common and real threat throughout the European Union,
Amendment 7 #
Motion for a resolution
Recital - A a (new)
Recital - A a (new)
-A a. whereas all terrorism is one and the same thing and its objective is none other than to destroy the foundations of our free and democratic society; whereas its actions may be publicised and disseminated among our citizens and achieve its purpose of undermining their belief in rights protection systems, in which criminals are seen as victims and the Member States’ ability to respond to terrorist acts is restricted,
Amendment 8 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers also that the best possible balance must invariably be achieved between, on the one hand, the obligation incumbent on public authorities, at EU level and in Member States, to protect their citizens from injury and guarantee their security and, secondly, the need to safeguard their individual rights;
Amendment 8 #
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas any negotiation with terrorists that does not have as its sole aim the unconditional and final abandonment of weapons ends up reinforcing terrorists logistically, tactically and operationally, and denigrates the dignity of their victims and families,
Amendment 9 #
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-A c. whereas international cooperation is essential to deprive terrorism of its financial, logistical and operational bases,
Amendment 10 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls in addition, as far as counter- terrorism measures are concerned, for the proportionality principle to be taken into account and the fundamental rights of citizens to be observed, bearing in mind that all such measures have to be in accordance with the law and the rule of law;
Amendment 12 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls, by virtue of the subsidiarity principle, for the national parliaments to play an active role regarding the area of freedom, security, and justice, especially for the purposes of evaluation and implementation of Union policies, as provided for in Article 70 of the TFEU; considers that they should also be involved in the political monitoring of Europol and the evaluation of Eurojust activities, in accordance with Article 12(c) of the TEU;
Amendment 12 #
Motion for a resolution
Recital A
Recital A
A. whereas aftersince the atrocious attacks of 11 September 2001 the first decade of the 21st century has been marked by the ‘War on Terrorism’, especially with regard to the US approach; whereas although the attacks did not take place on European soil, all Europeans felt them to be an attack, and especially the attacks in Madrid and London, the fight against terrorism has been a European Union priority throughout the first decade onf their values and their way of life 21st century,
Amendment 14 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for more accurate assessment to be brought to bear on the counter- terrorism measures already taken, extending also to fundamental rights and budgetary aspects;
Amendment 24 #
Motion for a resolution
Recital B
Recital B
B. whereas terrorism is not a recent phenomenon; whereas counter-terrorism has always been part of regular law enforcement action; whereas 9/11the sphere of competence of the Member States; whereas the 9/11, Madrid and London attacks led to a fundamental change in the methods and instruments used to fight terrorism; whereas terrorism became a matter of national security, with a very different legal frameworkas a result of those attacks terrorism began to be seen as a cross- border phenomenon, affecting the security of the whole European Union and not just the national security of the Member States,
Amendment 33 #
Motion for a resolution
Recital C
Recital C
C. whereas the aim of the European Union’s counter-terrorism policiesy should be to undermine the objectives of terrorism, which are to destroy the fabric of our free, open and democratic society; whereas the aim of counter-terrorism must be to protect and strengthen that fabric of democratic society and the effectivenprevent terrorism; to protect people, infrastructure, freedom, democracy and the rule of law; to prosecute terrorists and respond to the consequencess of counter-a terrorism policies must be measured against this aim; whereas in this logic, stret attack, while at the same time safeguarding respect for fundamental freedoms and providing thening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective resources needed for democratic scrutiny of the various services involved in counter- terrorism,
Amendment 43 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the European Union’s counter-terrorism strategy should address not only the consequences of terrorism but also its causes,
Amendment 47 #
Motion for a resolution
Recital D
Recital D
D. whereas ten years after the attacks that shook the world it is time to take stock of the achievements in fighting terrorism; whereas evaluation allows for more efficient and effective policy-making, and in any modern democracy policy decisions are subject to frequent evaluation and review,
Amendment 54 #
Motion for a resolution
Recital E
Recital E
E. whereas accountability and responsibility are essential factors for the democraticdemocratic scrutiny is an essential factor legitimacy ofising counter- terrorism policies, whereas mistakes, unlawful actions and violations of international law and human rights must be investigated and corrected, and justice be done and measures; whereas any breach of current national or Community law has to be rectified in the courts,
Amendment 58 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas defending the victims of terrorism and their rights should be part of the Union’s priority policies; whereas the Institutions must promote public recognition of the victims and help raise European citizens’ awareness of their importance,
Amendment 60 #
Motion for a resolution
Recital F
Recital F
F. whereas counter-terrorism measures tend to have a profound impact on civil liberties, the rule of law and democratic decision-making; whereas these measures also have a substantial budgetary impact and a growing share of the costs in this field is borne by the private sectormust respect the rights enshrined in the Charter of Fundamental Rights of the European Union, and any measure adopted in this field has a reciprocal impact on civil liberties,
Amendment 64 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 68 #
Motion for a resolution
Recital G
Recital G
G. whereas mass surveillance has become a key featureis a key element of counter-terrorism policies, and whereas the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behaviouralthreat analysis are all used for the purpose of preventing terrorism; whereas public authorities are making more and more use of data collected for commercial or private purposesessential instruments for protecting people and infrastructure,
Amendment 81 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly welcomes the Commission Communication; regrets, however, that the scope is rather narrow, limited to the implementation of agreed policy measures, and not nhowever, regrets that there has not been a more thorough investigation into possible legal loopholes or the possible overlapping or duplicational of counter- terrorism policies or national measures that transpose policies agreed at European or international levelactions and instruments in the body of Community law;
Amendment 84 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores also the fact that the Communication does not sufficiently cover measures taken by DGs other than JLS (such as TRAN or MARKT) and that it does not give a cleadevelop in greater idea how the measures interact and where there is overlap or gaps; is of the opinion that all the above levels must also be considered, as European, national and international measures are complementary and assessing individual measures does not provide a complete picture of the impact of counter-terrorism policies in Europetail the way in which the measures taken by other DGs such as TRAN or MARKT interact;
Amendment 88 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that counter-terrorism policies should meet the standards set with regard to civil liberties, the rule of law and democratic scrutiny and accountability, and that assessing whether these standards are met must be an integral part of an evaluatare developed in accordance with the provisions of Community primary law and, in particular, give priority to respecting the rights enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 112 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a propern evaluation of ten years of counter-terrorism policies must provide the basis for an evidence-based, needs-driven, coherent and comprehensive EU counter-terrorism strategy by means of an in-depth and complete appraisal to beable to meet caurried out by a panel of independent expertent and future needs;
Amendment 130 #
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
Amendment 135 #
Motion for a resolution
Paragraph 5 – point d
Paragraph 5 – point d
d. examine whether the current instruments for assessing the impact on privacy and civil liberties are adequate;eleted
Amendment 142 #
Motion for a resolution
Paragraph 5 – point e
Paragraph 5 – point e
e. identify where further law enforcement powers are needed or, inversely, where the powers granted are excessive and go beyond what is necessaryexamine how effective and appropriate the powers entrusted to EU agencies and services are in the fight against terrorism;
Amendment 148 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to map out which measures have objectives other than counter-terrorism, or where further objectives were added to the initial purpose of counter-terrorism (mission creep and function creep), such as law enforcement, immigration policies,identify all horizontal measures specifically related to counter-terrorism, such as those stemming from policies on immigration, on the fight against people trafficking, arms trafficking, drug trafficking, money laundering and cybercrime, as well as on public health, and orn public order;
Amendment 151 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 161 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 165 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 166 #
Motion for a resolution
Paragraph 11 – point a
Paragraph 11 – point a
Amendment 169 #
Motion for a resolution
Paragraph 11 – point b
Paragraph 11 – point b
Amendment 173 #
Motion for a resolution
Paragraph 11 – point c
Paragraph 11 – point c
c. provide an overview of the classification of documents, trends in the use of classification, and numbers and trends in access granted or denied to documents relating to counter-terrorism policies; documents made available to Parliament must also be consulted in a secure room;
Amendment 174 #
Motion for a resolution
Paragraph 11 – point d
Paragraph 11 – point d
d. an overview of the use made of external consultants and (independent) expertise in areas such as (international) law, data protection and civil liberties, and security in the context of European counter- terrorism policies;eleted
Amendment 176 #
Motion for a resolution
Paragraph 11 – point f
Paragraph 11 – point f
Amendment 178 #
Motion for a resolution
Paragraph 11 – point g
Paragraph 11 – point g
Amendment 181 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls onfor the Ccommissionpetent legal authorities to investigate and rectify unlawful action and violations of international law and human rightsany illegal acts in the event of infringements against the prevailing legal order;
Amendment 195 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 202 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Council to open an investigation into the possible the collection of personal data – if such collection has taken place – for law enforcement purposes without an adequate legal base or by applying irregular, or even illegal, procedures;
Amendment 207 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to conduct a compulsory proportionality test and a full impact assessment for each proposal involving the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behavioural analysisubmit any future communications on the relationship between the new legal instruments for information exchange, their interaction and the best practices for usimilar techniquesng them;
Amendment 209 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the European Data Protection Supervisor and the Fundamental Rights Agency to report annuallyon the level onf profiling, data mining and detection and identification techniques used in Europe for ctection of fundamental rights and personal data in the field of EU Counter-tTerrorism (and possibly other) purposesPolicy;
Amendment 218 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 220 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to launch proposals for strengtheningensure the protection of civil liberties, transparency and democratic scrutiny in the context of counter-terrorism policies, such as improving access to documents by creating an EU Freedom of Information Act and strengthening the Fundamental Rights Agency, the EDPS and the Article 29 WP;