Activities of Tatjana ŽDANOKA related to 2019/2199(INI)
Shadow opinions (1)
OPINION on the Situation of Fundamental Rights in the European Union - Annual Report for the years 2018-2019
Amendments (19)
Amendment 5 #
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; reminds the condition of primary law of the Charter, with the same legal value as the treaties, as set by Article 6 TEU;
Amendment 7 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Proposes to abolish Article 51 of the Charter of Fundamental Rights, as already recommended in the European Parliament’s resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union;
Amendment 10 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that nothing prevents Member States from implementing the provisions of the Charter in national law, even in case there is no specific EU legislation involved; encourages in this sense national parliaments to ensure the highest standards of protection of fundamental rights in their legislative drafting; considers that the Fundamental Rights Agency (FRA) can provide valuable support to Member States in this regard, if consulted;
Amendment 22 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Opposes to the normalisation of far right speeches, which openly or implicitly undermine the situation of fundamental rights, and regrets in this regard that in some Member States or parts of them they are given the opportunity to play a relevant role in the forming of governments and define their programs and subsequent political action;
Amendment 31 #
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; expresses its major concern about the real shortcomings in access to a timely and affordable justice in some Member States1a, as well as to the evidences of lack of independence of the judiciary and the negative consequences thereof in terms of ensuring the rule of law; _________________ 1aStudy by Policy Department C for PETI committee on "Effective Access to Justice" (2017) https://www.europarl.europa.eu/RegData/ etudes/STUD/2017/596818/IPOL_STU(20 17)596818_EN.pdf
Amendment 34 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the Commission to enhance the use of the wide array of sources at its disposal to play a more proactive role in assisting the Member States to adequately ensure the respect to the Fundamental Rights, in close cooperation with the FRA; considers that the EU Justice Scoreboard, the European semester’s information, the European Commission Annual report on monitoring the application of EU law, the forthcoming annual Rule of Law report, and the decisions of the Court of Justice, are extremely valuable tools for this overall purpose, among others;
Amendment 38 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to further develop a thorough mechanism for an impartial and regular assessment of the situation with regard to the rule of law, democracy and fundamental rights in all the Member States;
Amendment 43 #
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; underlines the deep link it has with the Charter, and the importance to fully deploy the Social Rights chapter therein as the cornerstone of the efforts to re-launch the Union for its citizens and residents;
Amendment 48 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out to the many petitions denouncing abuses of fixed-term contracts, also in the public sector; deeply regrets these existing practices and considers them to be contrary to Articles 30 and 31 of the Charter of Fundamental Rights, on protection against dismissal and fair working conditions, respectively;
Amendment 49 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that particular attention should be paid to the fundamental right to health care, according to Article 35 of the Charter, and the particular implications for persons affected by Myalgic Encephalomielitys/Chronic Fatigue Syndrome; underlines that, as well as for rare diseases, enough research funding at the EU level is crucial to better understand its causes and triggers;
Amendment 50 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Expresses its concerns on the increasing threats to the fundamental right to environmental protection, as established in Article 37 of the Charter, not only due to the increasingly noticeable consequences of climate change, but also given the negative impacts in ecosystems and biodiversity due to the recurrent neglect in the implementation of EU environmental law provisions in Member States; regrets the passive role adopted by the Commission in this front, particularly since the adoption of its own communication "EU Law: Better results through better application"; reiterates its disagreement with the approach taken therein and considers that it is contrary to the Commission's essential duty as guardian of the treaties;
Amendment 51 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls the need to deploy the access to environmental justice pillar of the Aarhus convention at the EU level, in order to provide for an adequate framework and effective mechanisms for civil society to further engage in the duty of environmental protection, in compliance with the spirit of Article 37 of the Charter;
Amendment 52 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Reminds the importance to keep developing all the necessary dimensions of the EU Framework of the UN Convention on the Rights of Persons with Disabilities; to give full meaning and coverage to Article 26 of the Charter on the integration of persons for disabilities; underlines that more decisive steps need to be made towards the full deinstitutionalisation of persons with disabilities, and that no EU funds should be used for any sort of institutionalisation at any scale, but to adequately support community-based life;
Amendment 53 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Regrets that the fundamental right of non-discrimination, as conferred by Article 21 of the Charter, is still far from being a complete reality, for instance when it comes to the respect of minorities; recalls in this regard the obligation to respect cultural, religious and linguistic diversity, as enshrined in Article 22 of the Charter;
Amendment 60 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that some of the rights conferred by the Charter, such as Articles 39 and 40 on the right to vote and stand as a candidate to the European Parliament and municipal elections respectively, can still be object of discrimination for long-term residents in a Member State without citizenship;
Amendment 68 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on preventing and combating violaence against women and domestic violence, on the basis of a broad accession, without any limitation; calls on as well the remaining Member States to ratify and implement the Convention; expresses its concerns that several Member States have incorrectly, or only partially, implemented the convention; regrets some counterproductive measures taken for instance by some regional governments in Spain that in practice drastically reduce the protection mechanisms for women under threat or having suffered gender- based violence; calls on the Commission to review the implementing legislation.;
Amendment 71 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the due observance of the provisions of Article 24 of the Charter on the fundamental rights of the child, and particularly the notion that the best interest of the child shall be paramount in any action by public authorities, including for instance in decisions related to cross- border custody disputes; recalls also in this regard the fundamental right of the child to be heard as well as the right in principle to keep contact with both parents, unless manifestly contrary to the best interest of the child, and in their common language so as to safeguard the diverse cultural heritage;
Amendment 76 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates the request within the European Parliament resolution of 15 January 20131a for the Commission to submit a proposal for a regulation on a European Law of Administrative Procedure of the European Union (2012/2024(INL)), in order to guarantee the rights set by Article 41 of the Charter on the right to good administration; _________________ 1aEuropean Parliament resolution of 15 January 2013 with recommendations to the Commission on a Law of Administrative Procedure of the European Union (2012/2024(INL))
Amendment 80 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Insists on updating the powers of the European Ombudsman, as suggested by the European Parliament's recent legislative proposal for a revision of the Statute of the European Ombudsman, so as to upgrade the fundamental rights conferred by Articles 42 and 43 of the Charter on access to documents and of referring to the Ombudsman, respectively; reminds that this new Regulation on general conditions governing the performance of the Ombudsman’s duties as adopted by the Parliament is still pending awaiting the Council's consent;