Activities of Renate WEBER related to 2011/2069(INI)

Motion for a resolution
Recital C a (new)

Ca. whereas accession by the EU to the ECHR, as required by the TEU, will allow the acts of the EU to be subject to review by the ECtHR, creating greater accountability for the EU and improving access to justice for individuals;

2012/08/20
Committee: LIBE

Motion for a resolution
Recital C b (new)

Cb. whereas the effective safeguard and promotion of rights must constitute an overall objective of all EU policies, including their external dimension and whereas observing the duty to protect, promote and fulfil does not require new competences for the EU but rather proactive institutional engagement with human rights;

2012/08/20
Committee: LIBE

Motion for a resolution
Recital C c (new)

Cc. whereas the EU's hitherto fragmentary approach to human rights has led to calls for a coherent EU human rights policy; whereas no mechanism bringing together the various fundamental rights actors within the EU structure currently exists;

2012/08/20
Committee: LIBE

Motion for a resolution
Recital C d (new)

Cd. whereas citizens can enjoy their rights fully only if the fundamental values and principles, such as the rule of law, the independence of judiciary, freedom of the media and the lack of discrimination are respected;

2012/08/20
Committee: LIBE

Motion for a resolution
Recital C e (new)

Ce. whereas the gap between fundamental rights and their implementation undermines the credibility of the EU as well of its Member States and the effective respect and promotion of human rights, within its territory and throughout the world;

2012/08/20
Committee: LIBE

Motion for a resolution
Recital D a (new)

Da. whereas together with Article 2 TEU, Article 7 TEU grants the EU institutions the power to assess human rights in the Member States, to politically engage with the countries concerned to prevent and redress violations;

2012/08/20
Committee: LIBE

Motion for a resolution
Recital D b (new)

Db. whereas the effective protection and the promotion of fundamental rights calls for Member States to accept in a spirit of solidarity and of sincere cooperation with the other Member states the EU scrutiny of the respect of EU values in the legislation policies and practices;

2012/08/20
Committee: LIBE

Motion for a resolution
Recital D c (new)

Dc. whereas the current economic crisis challenges the principle of solidarity, which is an essential component of the EU history and identity, as well as the underlying bond bringing together the EU citizens as member of the same political community 1; __________________ 1 see notably the Charter articles on social rights as well the relevant specific Treaties articles on solidarity: art. 80 and 122 TFEU.

2012/08/20
Committee: LIBE

Motion for a resolution
Subheading 1

General recommendations -1. Calls on the Commission, the Council and the Member States to fully assume their responsibilities in relation to the proper and full application of the mandate and competences of the European Union in relation to fundamental rights, both on the basis of the Charter of Fundamental Rights and of the articles of the Treaties dealing with fundamental rights and citizens' rights issues, and notably Articles 2, 6, 7 TEU; believes that this is the only way to ensure that the EU equips itself - as it has done in other areas of common interest and importance, such as economic and budgetary matters - to deal with democratic, rule of law and fundamental rights crisis and tensions that are affecting the EU and its Member States; calls for the urgent strengthening of the European mechanisms to ensure that democracy, the rule of law and fundamental rights are respected in the EU;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 1

1. While welcoming steps by the Commission to ensure that legislative proposals comply with the Charter, notes that there remains considerable room for improvement, as proposals continue to emerge that fail to consider at all, or fail to consider adequately, the impact of proposed measures on fundamental rights; urges the Commission to take tangible steps towards improving the verification of its proposals with the Charter, including ensuring adequate expertise within the Commission's legal service, responsible for checking compliance of proposals with the Charter;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the Commission – and Council, where it initiates legislation – to make systematic use of external independent expertise notably of the Fundamental Rights Agency during the preparation of impact assessments;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the Commission to draft an annual report on the situation of fundamental rights in the EU, on the basis inter alia of Articles 2 and 6 TEU and of the Charter of Fundamental Rights, instead of focusing only on the implementation of the Charter and adopting a minimalist approach; such a report should adopt a more balanced and self-critical analysis, to include not only positive developments but also an analysis of where it could strengthen its approach in the future; believes that such a report should include an analysis of the situation in the Member States, including on the basis of international organisations, NGOs, EP and citizens' concerns in relation to violations of fundamental rights, the rule of law and democracy; recalls that the Commission has a duty to conduct such activity both as guardian of the Treaties and of the Charter and on the basis of Articles 2, 6 and 7 TEU;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 4 c (new)

4c. Calls on the Council to include in its annual reports on human rights in the world an analysis of the situation in the Member States by taking also in account the measures to be taken to implement the ECtHR judgments and adapt the internal legislation and practice accordingly;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 4 d (new)

4d. Deplores the insufficient cooperation between the Commission and Council with NGOs and civil society in pre- legislative and legislative processes and calls on the EU institutions to work closely with all relevant stakeholders;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 4 e (new)

4e. Calls on the Commission and the Council to ensure that a sufficient level of funding is maintained in funding programmes dedicated to fundamental rights during the coming Multiannual Financial Framework for NGOs working at the EU level to effectively represent the views of groups in society whose voices would not otherwise be heard at the EU level, such as the elderly, those living in extreme poverty, ethnic and racial minorities, children, LGBT persons, or persons with disabilities;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 4 f (new)

4f. Call on the Commission to revise the EU legislative acquis by taking into account the light of the rights outlined in the EU Charter; the possible tensions between economic freedoms and fundamental rights should be addressed already at legislative level and not only by the EU judiciary;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 4 g (new)

4g. Regrets the Commission's apathy in revising the former third pillar domain (police and judicial cooperation in penal matters) in the light of the Charter; recalls its recommendation on the Stockholm Programme asking for a consistent revision of this legislation and reminds the Commission that on 1st December 2014 all that legislation adopted in a totally different constitutional framework will be applied as such in the EU and will unduly affect the rights of the individual under EU jurisdiction;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 5 – indent 1

– the lack of transparency inof the Commission's dialogue with Member States when fundamental rights or the interests of European citizens are at stake; considers that such a lack of transparency ~~with regard t~~on the transposition of EU law ~~could be~~is contrary to the EU rules on transparency and the principle of legal certainty, is extremely prejudicial for the other EU countries, for the EU citizens ands well as for the other institutions~~, particular~~ notably when social and economic rights of the citizens are at stake; welcomes the initiatives announced by the Commission to improve transparency on Member States' action or inaction in the framework of the implementation of the internal market and considers that the transparency announced for fiscal policy should be even improved when fundamental rights are at stake;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 5 – indent 2

– the lack of transparency inof the EU agencies, which makes it difficult to ascertain ~~whether or not~~if their actions comply with the principles of transparency, good administration, data protection and antidiscrimination, as well as of necessity and proportionality; regrets the Commission's persisting lack of interest in a legislative framework granting an open, independent and efficient administration as required by Article 41 of the Charter and by Article 298 TFEU;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 5 – indent 2 a (new)

- the lack of transparency and openness, as well as of appropriate respect, protection and promotion of fundamental rights and of democratic and parliamentary oversight, in international negotiations, which has led the EP to reject international agreements such as, inter alia, ACTA, which shall lead EU institutions and Members States to change their current practices and respect citizens' rights;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 5 a (new)

5a. Proposes to ensure continuous channels of information sharing on fundamental rights in the EU between the relevant bodies and within the EU institutions, and EU agencies, and to hold a yearly interinstitutional forum to discuss for assessing the situation on EU fundamental rights; considers that such a forum should be a preparatory step of the EP annual debate on fundamental rights and on the development of the European area of freedom security and justice; considers that such an interinstitutional forum should convene representatives of the Commission, the Council Working Group on Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP), of the EP´s Committee of Civil Liberties, Justice and Home Affairs (LIBE) and the Committee on Petitions (PETI), the Committee on Employment and Social Affairs, the Committee on Regional Development, as well as representatives of the European Ombudsman, the Fundamental Rights Agency (FRA), EUROFOUND, and the European Data Protection Supervisor (EDPS);

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 5 a (new)

5a. Calls for the launch of a "European fundamental rights policy cycle", detailing on a multiannual and yearly basis the objectives to be achieved and the problems to be solved; such a cycle should foresee a framework for institutions and the FRA, as well as Member States, to work together by avoiding overlaps, building on each others' reports, taking common actions and organising joint events with the participation of NGOs, citizens, national parliaments, etc.;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 5 b (new)

5 b. Urges national parliaments to enhance their role in human rights scrutiny of EU activities and national implementation of EU law and invites them to hold periodic meetings focused on the strategies to be developed to implement the Charter and the jurisprudence of the EU Courts;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 6

6. Deplores the unacceptable delays and blockages in the EU's accession to the ECHR, ~~which are~~ mainly due to ~~specific Member States, and urges the Commission to conclude the proced~~the UK objections and urges the Commission to remind the Member State concerned of the duty of loyal cooperation to be fulfilled in international negotiations and to conclude the procedure; consequently calls the Council to act under the terms of Article 265 TFUE so that the procedures for EU accession to the ECHR are concluded at least in time for the end of this legislature;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 6 a (new)

6a. Considers that the Commission and the Council should create a mechanism to ensure that the EU and its Member States respect, implement and transpose the ECtHR's jurisprudence, since this is a matter of common interest and an obligation in relation to the respect of fundamental rights in the EU;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 6 b (new)

6b. Notes that participation in international treaties for the protection and promotion of human rights can only serve to strengthen the protection of fundamental rights within the EU and welcomes the fact that the EU has joined the Convention on the Rights of Persons with Disabilities and will join the ECHR; calls on the Council and Commission to take steps towards becoming party to other international human rights treaties, such as the UN Convention on the Rights of the Child;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 8

8. Regrets the weak reaction of the Commission to specific violations of fundamental rights in Member States and calls on the Commission to ensure that infringement proceedings secure the effective protection of human rights, rather than aiming for negotiated settlements with Member States following a change in national legislation, notwithstanding the possible de facto continuation of rights violations;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 8 a (new)

8a. Considers that, in order to maintain the credibility of the accession conditions, Member States should also be continuously assessed for their continued compliance with the EU's fundamental values and the fulfilment of their commitments concerning the functioning of democratic institutions and the rule of law;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 9

9. Calls therefore on the Commission to ~~come up with~~update its 2003 communication (COM(2003) 606) and repeats its call to it to issue before the end of 2012 a detailed proposal for a clear cut monitoring mechanism ~~and early warning system,~~, early warning system and a "freezing procedure" to ensure that Member States, at the request of EU institutions, suspend the adoption of laws when these are suspected of being in contrast with fundamental rights or the EU legal order, associating notably the national fundamental rights bodies created in compliance with the Paris principles and building on the provisions of Article ~~7 of the~~s 2, 6 and 7 TEU and Article 258 ~~of the~~ TFEU;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 9 a (new)

9a. Underlines its commitment to use its powers to act as a human rights litigant, in particular to ensure that EU acts respect, protect, promote and fulfil human rights;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 9 b (new)

9b. Calls for the revision of the procedural rules of the CJEU and General Court to facilitate third-party interventions, by human rights NGOs in particular;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 9 c (new)

9c. Calls for the setting-up of appropriate National Human Rights Institutions in all Member States and for measures facilitating the networking of these bodies across the EU with the support of the FRA; invites the EU institutions and the Member States to develop the capacity of Equality Bodies and Data Protection Bodies, of NHRIs and of FRA as human rights litigants;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 13 a (new)

13a. Points to shortcomings in the current multi-annual framework of the FRA, notably the limited number of comparative evaluation between Member States;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 13 a (new)

13a. Points out that the Paris Principles on NHRIs should be used as a model for reforming the national institutions as well the FRA and calls for the FRA Regulation to be urgently reviewed so that the remit of the FRA is enlarged and aligned following an ordinary legislative procedure by the European Parliament and by the Council to the full scope covered by Articles 2, 6 and 7 TEU and notably to the European Charter implementation by the EU Institutions Agencies offices and bodies as well to the Member State activities; considers that the independence of the FRA should be strengthened, as well as its powers and competences; considers that the FRA Scientific Committee and the FRANET network should submit to the European and national parliaments and publish annually a thematic and more focused report assessing the situation in the EU Member State, as was done until 2006 by the former Network of Experts on Fundamental Rights; calls on the FRA to fully respect Article 15 of the TFEU by making its proceedings open and by giving access to its documents via a publicly accessible register as foreseen by Regulation 1049/2001;

2012/08/20
Committee: LIBE

Renate WEBER, Sophia IN 'T VELD, Gianni VATTIMO

Motion for a resolution
Paragraph 13 b (new)

13b. Considers that the FRA scientific committee should be composed of former members of the European and national constitutional Courts, appointed by designation, as follows: a third by the EP, a third by the Council and a third by the Commission; considers that it should play an independent and neutral role in the interest of the EU institutions, as is done by the Council of Europe Venice Commission;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 13 b (new)

13b. Calls on the Commission to fully respect the independence and the competences of the FRA and to refrain from exerting undue pressures on the FRA in relation to its opinions on the Commission proposals, as happened recently in relation to the opinion on jurisdiction and applicable law for the property effects of marriages and registered partnerships;

2012/08/20
Committee: LIBE

Renate WEBER, Sophia IN 'T VELD, Gianni VATTIMO

Motion for a resolution
Paragraph 13 c (new)

13c. Calls on the FRA to ensure that NGOs that do not respect fundamental rights, tolerance, equality and non- discrimination and promote intolerance and discrimination are excluded from the FRA fundamental rights platform and believes that transparency should be required in relation to the way these organizations are funded and on their activities;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 14 a (new)

14a. Believes that the Commission should stop stating that "citizens knock at the wrong door", minimizing the competence of the EU in relation to fundamental rights and turning down requests of citizens; stresses that the Commission must take note of citizens' concerns on violation of fundamental rights, make them aware of how to exercise their right of access to justice and enforce their rights in the most appropriate, relevant or competent fora; calls on the Commission to inform those citizens contacting it in relation to fundamental rights violations of these additional or more appropriate possibilities in detail, to keep record of these indications and to report on this in full detail in its annual reports on fundamental rights in the EU and on the implementation of the Charter; underlines that citizens' correspondence is extremely relevant in revealing possible structural, systemic, serious violations of fundamental rights in the EU and its Member States and consequently relevant to ensure the real application of Articles 2, 6 and 7 TEU by the Commission; considers that informal networks, such as those successfully developed for the internal market (SOLVIT), should be established at national and regional level to assist and advise people whose rights risk being violated (such as migrants, asylum seekers, vulnerable people); considers that these support structures for rights restoration and economic and social integration should be a priority for regional funds;

2012/08/20
Committee: LIBE

Renate WEBER, Sophia IN 'T VELD, Gianni VATTIMO

Motion for a resolution
Paragraph 14 b (new)

14b. Calls on Member States to collect disaggregated data for all grounds of discrimination, as well as to develop fundamental rights indicators in cooperation with the FRA, in order to ensure properly informed and targeted legislation and policies, particularly in the field of non-discrimination and in the context of national Roma integration strategies;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 14 b (new)

14b. Calls on the Commission to propose a review of the Framework Decision to include other forms of bias-motivated crime, including on grounds of sexual orientation, gender identity and gender expression;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 14 c (new)

14c. Deplores the fact that not all Member States have properly transposed the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law 1; calls on Member States to prosecute xenophobia, racism, and hate speech; recalls that on December 1st 2014 this framework decision will become fully enforceable as well as all the FD into force at that time; __________________ 1 OJ 2008 L 328 of 12.5.2008, p. 55.

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 14 e (new)

14e. Calls on the Member States to ensure that offences motivated by racist, xenophobic, homophobic or transphobic intent are punishable within the criminal law system, and that these crimes are investigated effectively, prosecuted and punished, that victims are offered proper assistance, protection and compensation, and that such offences are properly registered;

2012/08/20
Committee: LIBE

Sophia IN 'T VELD, Renate WEBER, Gianni VATTIMO

Motion for a resolution
Paragraph 15

15. Stresses that the principles of human dignity and equality before the law are foundations of democratic society; deems ~~incomprehensible~~regrettable and contrary to the spirit and the letter of the Treaty the current blockage of Council negotiations on the Commission's proposal for a horizontal directive extending comprehensive protection against discrimination on all grounds, including religion or belief, disability, age or sexual orientation, and urges efforts to ensure adoption ~~as soon as possible~~; calls on the Council and the Member States which are currently blocking the negotiations to make public their arguments, proposals and positions in the Council in general and notably in the competent Council Working Group so that EU citizens can better understand why no progress is made and judge in full conscience the positions of the governments, Ministers and political parties on discrimination of persons on the basis of religion or belief, disability, age or sexual orientation; calls for the launch of a European campaign and launches an appeal to NGOs, citizens, political parties and leaders, civil society, economic actors, to join together in it so to reach the adoption of the directive; consequently calls on the Council to act, on the basis of Article 265 TFUE, and to adopt the directive before the end of the year;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 16 a (new)

16a. Calls on Member States to protect freedom of religion or belief, including the freedom of those without a religion not to suffer discrimination as a result of excessive exemptions for religions from laws on equality and non-discrimination;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 18 a (new)

18a. Calls on Member States to address racial and ethnic discrimination in employment, housing, education, health, access to goods and services;

2012/08/20
Committee: LIBE

Motion for a resolution
Paragraph 18 b (new)

18b. Regrets that citizens of Roma origin are subjected to collective expulsion procedures by Member States and deplores the weak reaction of the Commission in certain cases;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 20 a (new)

20a. Urges Member States to adopt the necessary legislative changes with regard to sterilization and to financially compensate the victims of coercive sterilizations performed on Roma women and women with mental disabilities, in line with the case-law of the ECtHR;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 20 b (new)

20b. Calls on the Member States to eliminate spatial segregation, forced evictions and homelessness faced by the Roma setting up effective and transparent housing policies;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 20 c (new)

20c. Calls on the Member States to address the high levels of unemployment among the Roma by removing barriers to accessing employment;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 20 d (new)

20d. Calls on the Member States to reform their national educational systems in order to address the needs of Roma children and to dismantle segregated educational arrangements;

2012/07/25
Committee: LIBE

Sophia IN 'T VELD, Renate WEBER

Motion for a resolution
Paragraph 20 e (new)

20e. Reiterates its call for a targeted approach to the social inclusion of Roma women in order to avoid multiple discrimination and ethnic segregation;

2012/07/25
Committee: LIBE

Motion for a resolution
Subheading 4

Equal ~~opportunities~~ity between women and men

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 22 a (new)

22a. Calls on the EU institutions to explore the implementation of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the EU legal framework;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 22 a (new)

22a. Reiterates its position on sexual and reproductive health rights, as stated in its resolutions of 8 March 20111 and 13 March 20122 on equality between women and men in the European Union - 2010 and 2011; expresses concern in this respect about recent restrictions on access to sexual and reproductive health services in some Member States, in particular safe and legal abortion, sexuality education and funding cuts to family planning; 1 P7_TA(2011)0085 2 P7_TA(2012)0069

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 22 b (new)

22b. Calls on the Member States to ensure through efficient measures the protection for pregnant workers and women on maternal leave;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 22 c (new)

22c. Urges Member States to address the issue of violence against women, domestic violence and sexual exploitation in all its forms and to combat trafficking in human beings;

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 22 d (new)

22d. Calls on the Member States to ensure that national action plans address multiple discrimination and protect women belonging to ethnic minorities and immigrant women;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 25

25. Calls on Member States to adopt the national legislative framework to address discriminations experienced by LGBT people and same-sex couples on grounds of their sexual orientation or gender identity, and urges them to guarantee effective implementation of the existing EU legal framework and CJEU case-law; 1; __________________ 1 Case C-147/08, Jürgen Römer v Freie und Hansestadt Hamburg; Case C- 267/06; Tadao Maruko v Versorgungsanstalt der deutschen Bühnen

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 25 a (new)

25a. Welcomes the Commission proposals on jurisdiction and applicable law for the property effects of marriages and registered partnerships; considers however that the choice of two different instruments 1 and of a separate approach for registered partnerships and marriages are unjustified; considers that the same choices of jurisdiction and applicable law should apply in both cases; __________________ 1 COM(2011)127 final and COM(2011)126 final.

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Tatjana ŽDANOKA, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 26

26. Calls on Member States who have adopted legislation on same-sex partnerships to recognise provisions with similar effects adopted by other Member States and calls on the Commission to issue a proposal with this aim; recalls the Member States’ obligation to fully implement Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, including for same-sex couples and their children; welcomes the fact that more and more Member States have introduced and/or adapted their laws on cohabitation, civil partnership and marriage to overcome the discriminations based on sexual orientation lived by same- sex couples and their children and calls on other Member States to introduce similar laws;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to come up with a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Tatjana ŽDANOKA, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission and the Council to intervene more forcefully against homophobia, violence and discrimination based on sexual orientation, including by calling Member States’ mayors and the police to protect freedom of expression and demonstration on the occasion of LGBTI prides and by officially granting support to them; calls on the Commission to finally follow up the repeated calls by the European Parliament and NGOs and issue as a matter of urgency the EU Roadmap for equality on grounds of sexual orientation and gender identity, to be launched at the latest in 2013;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 26 b (new)

26b. Deplores that transgender people are still considered mentally ill in a number of Member States; calls on Member States to introduce or review legal gender recognition procedures on the model of Argentina and review conditions (including forced sterilisation) set for legal gender recognition; calls on the Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Tatjana ŽDANOKA, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 26 c (new)

26c. Welcomes the new set of asylum rules introduced in the Qualification Directive which include gender identity as a ground of persecution; maintains that the asylum package must remain coherent and include sexual orientation and gender identity in the Asylum Procedure Directive;

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 26 d (new)

26d. Calls on Member States to ensure access to employment and goods and services without discrimination on grounds of gender identity, in line with EU law1; __________________ 1 Directive 206/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast); Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 26 e (new)

26e. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 26 f (new)

26f. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Tatjana ŽDANOKA, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 26 g (new)

26g. Calls on the Commission to use the results of this survey to prepare an EU Roadmap for equality on grounds of sexual orientation and gender identity, with a view to adoption by 2014;

2012/07/25
Committee: LIBE

Monika BEŇOVÁ, Tatjana ŽDANOKA, Michael CASHMAN, Raül ROMEVA i RUEDA, Renate WEBER, Ulrike LUNACEK

Motion for a resolution
Paragraph 26 h (new)

26h. Calls on Member States to ensure the effective protection of participants in LGBT public events, including pride marches, and to ensure these events can take place lawfully;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 30 a (new)

30a. Calls on all the Member States to ratify the UN Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol and to ensure that all national action plans are in line with the European Disability Strategy 2010-2020 and aim at improving accessibility, employment, inclusive education and training, as well as independent living for the disabled;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 30 b (new)

30b. Calls on the EU and on the Member States to improve access to employment and training of persons with disabilities, including persons with intellectual disabilities, using existing EU funds;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 30 c (new)

30c. Calls on the Member States to fund organisations active in supporting the independent living of disabled people and de-institutionalisation programmes;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 30 d (new)

30d. Calls on the Commission and Member States to ensure that EU funds are not directed towards renovating existing or building new institutions for persons with disabilities but are used instead to facilitate community living, in accordance with Articles 5 and 19 of the CRPD and Articles 21 and 26 of the Charter;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 30 e (new)

30e. Stresses the need to increase the political participation of persons with disabilities in elections by accommodating their special needs;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 32 a (new)

32a. Is concerned at the existing trends of restricting the independence of data protection authorities and welcomes the Commission vigilance; calls on Member States to comply with existing provisions and the relevant case-law1; __________________ 1 CJEU, C-518/07, Commission v. Germany, 9 March 2010.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 32 b (new)

32b. Expresses its concern regarding the shortcomings of the Data Retention Directive highlighted by the Commission’s report, the EDPS, several national parliaments and the constitutional courts of several Member States that have declared it unconstitutional;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 32 c (new)

32c. Welcomes that under the EU- Australia PNR agreement data is collected only for the purpose of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime, and that effective redress and protection safeguards are ensured;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 32 d (new)

32d. Regrets that in the EU-US PNR Agreement, the purposes for the collection of PNR data are not explicit and that data protection safeguards provided for in the agreement are not fully in line with EU standards;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 32 e (new)

32e. Calls on the Commission to address the concerns expressed by the EDPS, the Article 29 working party, the EESC, the FRA and by several national parliaments on the proposed directive on the European Passenger Name Record (PNR) 1 ,by limiting the scope of application to flights to and from third countries, the length of data retention and the list of data stored and by ensuring an effective evaluation of the system; __________________ 1 COM(2011) 32 final.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 32 f (new)

32f. Points out with concern that the first inspection performed by the Europol Joint Supervisory Body (JSB) raises serious concerns about compliance of the TFTP Agreement of the EU with the US with data protection principles;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 32 g (new)

32g. Stresses that a European terrorist finance tracking system 1 should be an efficient and targeted extraction system with clear access rights ensuring the termination of the current transfers of bulk data to the US as soon as possible; __________________ 1 COM (2011) 429 final.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 a (new)

35a. Welcomes the improvements in the revised Qualification Directive 1 , notably a greater acknowledgment of gender- specific forms of persecution, the inclusion of gender identity as a ground of persecution for which protection should be granted, and the commitment to take the best interest of the child into account; __________________ 1 OJ L 337, 20.12.2011, p.9.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 b (new)

35b. Urges Member States to implement the Qualification Directive in a manner which ensures full consistency with international human rights law and calls on the Member States that wish to do so to go beyond the minimum level of benefits and rights ensured by the text;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 c (new)

35c. Stresses that the broadened scope of the Directive on Long-term Residents 1 to refugees and beneficiaries of subsidiary protection, will contribute to their effective integration that carries benefits for the EU and the Member States; __________________ 1 OJ L 132, 19.5.2011, p. 1

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 d (new)

35d. Welcomes the revised Commission proposal recasting the Reception Conditions Directive 1 and stresses that basic reception conditions should be offered from the moment asylum seekers arrive and that they should be encouraged to contribute to the host community, irrespective of the length of their stay; __________________ 1 COM(2011) 320 final.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 e (new)

35e. Stresses that gaps and ambiguities in the amended proposal of a Directive on common procedures for granting and withdrawing international protection status 1 must be addressed in a manner which can enable Member States to avoid the risk of increased costs and potential misuse, while ensuring access to fair and high quality asylum decisions for those in need of protection; __________________ 1 COM (2011) 319 final.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 f (new)

35f. Recommends the setting up of asylum expert teams assisting states with insufficient asylum infrastructures; takes the view that the existence of minimum standards and of quality assessment mechanisms can raise the quality of asylum decision-making;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 g (new)

35g. Emphasises that asylum-seekers do not enjoy equivalent levels of procedural and substantive protection in all Member States due to inadequate transposition of EC law or to differing approaches to implementation;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 h (new)

35h. Expresses concern at the current Dublin system’s impact on the legal rights of asylum-seekers, including their right to have their claim to asylum examined fairly and, where recognized, to effective protection, as well as at the uneven distribution of asylum claims among Member States;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 35 i (new)

35i. Stresses the need for completing negotiations on an effective mechanism for suspending transfers under the Dublin II Regulation to Member States where there is a risk of a violation of their fundamental rights, in line with recent ECtHR 1 and CJEU case-law 2; __________________ 1 In the case of M.S.S. v. Belgium and Greece the ECtHR condemned Greece and Belgium for violation of Articles 3 and 13 of the ECHR. 2 Joint Cases: NS/Secretary of State for the Home Department (England and Wales - C-411/10) and M. E. e. a./Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform (Ireland - C-493/10), judgement of 21 December.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 36 a (new)

36a. Stresses the need to monitor the practical implementation of EASO’s mandate and that the fundamental rights related aspects of Europol’s work should addressed in the renegotiation of its mandate in 2013;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 36 b (new)

36b. Calls for the effective implementation of the provisions on fundamental rights of the Schengen Borders Code and of the Community Code on Visas in the context of future Schengen evaluations;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 36 c (new)

36c. Stresses that the principles of necessity and proportionality of the data collected and stored should apply to the new technologies for storing personal data and for border surveillance;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 37

37. Strongly ~~criticises proposals relating to~~disagree with new grounds for the reintroduction of Schengen border controls, as this would undermine free movement within the EU and the functioning of Schengen ~~cooperation;~~area.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 38

38. Stresses the importance of an EU driven evaluation and monitoring mechanism to verify the application of the Schengen acquis in line with fundamental rights principles;.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 a (new)

40a. Calls on the EU institutions and on all Member States to elaborate child- friendly policies in areas such as employment, environment, security or migration; stresses the importance of investing in children-oriented actions by re-orientating existing budgetary lines and by new investments;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 a (new)

40a. Calls on other stakeholders such as EU agencies such as EUROPOL and Member States, while making human rights a paramount issue to secure EU level cooperation in a holistic, coordinated and integrated approach; calls on Member States to adopt appropriate legal frameworks and appropriate and uniform definition of trafficking in human beings and to ensure national coordination among state actors which have to guarantee protection and promotion of human rights of the victims of trafficking; calls on Member States to encourage research in the field of trafficking in human beings in order to properly adjust government policies in areas such as migration, labour market, the economy, etc.;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 b (new)

40b. Calls on the Member States to ensure the adequate implementation of the Directive on combating the sexual abuse of children and child pornography 1 and of the Directive on preventing and combating trafficking in human beings 2; __________________ 1 OJ L335, 17.12.2011, p.1. 2 OJ L 101, 15.4.2011, p.1.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 c (new)

40c. Calls on all EU Member States who have not yet done so to ratify the Optional Protocol to the UN CRC on the sale of children, child prostitution and child pornography and the 2007 Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 e (new)

40e. Stresses the need to evaluate the progress made in the fight against trafficking in human beings in the light of the findings of the EU Anti-Trafficking Coordinator;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 f (new)

40f. Welcomes the Commission’s action plan on unaccompanied minors 2010- 2014; calls on the Commission to inform the EP on the findings of the expert group on unaccompanied minors in the migration process;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 g (new)

40g. Calls on the Commission to mainstream children’s rights in all EU activities and to assess the work to date of the Children’s Rights Coordinator and the European Forum on the Rights of the Child;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 40 h (new)

40h. Encourages the use of child rights indicators elaborated by the FRA in the reviewing of EU actions; calls for the elaboration of practical guidelines on how such indicators could best be used;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 41 a (new)

41a. Calls on Member States to reform their asylum procedures in order to comply with the requirement to ensure an effective remedy as laid down by the ECtHR and CJEU case-law, notably on applicable timelines to lodge an appeal against a decision, a negative decision and provisions on the right to stay in the host country during the appeal process;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 41 b (new)

41b. Highlights the importance of negotiations in view of amending the Dublin II Regulation and stresses that more efficient procedures should not be sought at the expense of the rights of applicants;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 41 c (new)

41c. Recalls the importance of the directive for seasonal workers 1 for reducing irregularity at work and the risk of exploitation and urges the swift conclusion of negotiations; __________________ 1 COM(2010) 379 final.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 41 d (new)

41d. Calls on the Commission, in the light of its evaluation of European Readmission Agreements 1 (EURAs) to refrain from supporting the hasty conclusion of new agreements that lead to violations of fundamental rights; calls on the Council to observe the ‘no agreement at any cost’ principle; __________________ 1 COM(2011) 76 final.

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 41 e (new)

41e. Strongly condemns the extensive use by most Member States of detention to facilitate removal of immigrants, including minors, and urges Member States to introduce alternatives to detention in national legislation;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 41 f (new)

41f. Calls for fundamental rights-sensitive border controls and stresses the need for democratic oversight by Parliament over Frontex operations;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 a (new)

43a. Urges Member States to restructure their court systems, review the level of court fees, reform the legal aid system and to provide alternative dispute settlement mechanisms so as to facilitate access to justice to the maximum extent possible;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 a (new)

43a. Expresses concern in relation to the respect of fair trial in the EU and its Member States and notably in relation to recent proposals on ‘secret evidence’ allowing the government to use evidence against individuals which they would be unable to challenge, or even to see, which would be in striking contradiction with European fundamental rights and standards;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 b (new)

43b. Urges the EU institutions and the Member States to examine how common legal principles on collective redress could fit into the EU legal system and into the legal orders of the Member States;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 b (new)

43b. Calls Member States to make sure extradition to third countries does not infringe fundamental rights and invites them to review their international treaties; expresses concern on the possible extradition of the 23-year-old Richard O’Dwyer from the UK to the US for copyright infringement and calls for a solution to be found to ensure that his fundamental rights are not violated;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 c (new)

43c. Calls on Member States to deal with gender-specific crimes and to propose effective means for tackling domestic violence, if necessary by adopting legislation on protection measures;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 d (new)

43d. Welcomes the Roadmap for strengthening the rights and protection of victims, adopted by the Council and the proposal by the Commission of the victims´ package that addresses specifically the needs of child victims and of victims of terrorism;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 e (new)

43e. Calls on the Member States to provide the financial resources for crime victim services, taking into account the upcoming assessment by the FRA of options and promising practices in the Member States;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 f (new)

43f. Stresses that international cooperation in the fight against terrorism should be based on full compliance with international standards and obligations in the area of human rights;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 g (new)

43g. Calls on Member States to establish the truth on their involvement in the CIA rendition and secret detention programmes, to investigate allegations of human rights and reform their systems to avoid future similar abuse;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 h (new)

43h. Welcomes the Roadmap on criminal procedures and calls on the Commission and the Member States to step up efforts in order to achieve strong EU-wide standards for procedural rights of both defendants and victims;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 43 i (new)

43i. Draws attention to the remaining deficiencies regarding minimum guarantees of the rights of defence, and points out that the Commissioner for Human Rights of the CoE questioned the absence of effective remedies against the European Arrest Warrant and its use for minor crimes;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 44 a (new)

44a. Is extremely worried at the situation of democracy, rule of law, checks and balances, media and fundamental rights in some of the Member States and notably at the practice by those in power of selecting, appointing or firing persons for independent positions such as Constitutional Courts, the judiciary, public broadcasting media heads and media regulatory bodies, ombudsmen or commissioners, on the basis of mere party politics instead of competence, experience and independence;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 a (new)

45a. Calls on the Commission and Member States to distribute information on the right to diplomatic and consular protection; calls on Member States to cooperate actively in order to secure the protection of EU citizens outside the EU, including in times of crisis or disaster;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 a (new)

45a. Calls the Commission to entrust the FRA with the task of issuing an yearly report monitoring the situation of media freedom and pluralism in the European Union;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 b (new)

45b. Points out the need to launch effective information campaigns that promote EU citizenship rights among young people such as setting up an ‘active citizenship programme’ in schools and universities;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 b (new)

45b. Expresses serious concern over the situation of detainees in the European Union; calls the Commission, the Council and the Member States to come up with proposals, together with the Council of Europe and the Committee for the Prevention of Torture, to ensure that prisoners’ rights are respected and that reinsertion in society is promoted; calls for the implementation of its requests contained in its resolution of 15 December 20111 on detention conditions in the EU and notably for a legislative initiative on minimum common standards of detention in the EU and for the appropriate monitoring mechanisms; 1 P7_TA(2011)0585

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 c (new)

45c. Welcomes the designation of 2013 as the European Year of Citizens and calls on the Commission and the Member States to ensure that information campaigns on European citizenship and the rights connected to it are carried out;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 c (new)

45c. Calls for the strengthening of democratic and judicial oversight of secret services at national level, which is extremely urgent and necessary, as demonstrated by their involvement with extraordinary renditions and with CIA flights and prisons and as recent worrying events in Germany and France, among others, have shown; calls for the EU to strengthen its oversight in relation to the collaboration at European level between these agencies, including via EU bodies, and between these and third states;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 d (new)

45d. Underlines the need for swift reform of the European Parliament electoral system, ensuring the active participation of EU citizens in the EU’s functioning;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 d (new)

45d. Expresses concern in relation to the events of disproportionate repression by the police in Member States on the occasion of public events and demonstrations, as confirmed by the recent Italian judgment on the G8 in Genoa, and by other reports by NGOs, citizens and media involving many EU Member States; calls for Member States to make sure that democratic and judicial oversight of law enforcement agencies and personnel is strengthened, accountability is ensured and that impunity has no place in Europe, notably when acts of torture or inhuman or degrading treatments are committed;

2012/07/25
Committee: LIBE

Motion for a resolution
Paragraph 45 e (new)

45e. Calls on the EU and the Member States to increase public awareness of the Citizens’ Initiative, a tool for direct democracy aimed at enhancing the Union’s democratic functioning;

2012/07/25
Committee: LIBE