Activities of Hélène FLAUTRE related to 2009/2161(INI)
Plenary speeches (1)
Fundamental rights in the European Union (2009) - Effective implementation after the entry into force of the Treaty of Lisbon (debate)
Amendments (42)
Amendment 6 #
Motion for a resolution
Citation 5
Citation 5
– having regard to the Commission cCommunication onStrategy for the effective implementation of the Charter of Fundamental Rights, by the European Union1, 1 COM(2010)0573.
Amendment 9 #
Motion for a resolution
Citation 6
Citation 6
– having regard to all the related conventions and recommendations of the Council of Europe and the United Nations in the area of fundamental rights, including specialised monitoring bodies,
Amendment 14 #
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on values such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas the effective safeguarding of rights has to be an overall objective of all European policies and an essential condition of the consolidation of the European AFSJ, irrespective of EU citizenship,
Amendment 24 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Calls on all European Union institutions to build on the new institutional and legal framework created by the Lisbon Treaty to devise an ambitious and comprehensive internal human rights policy for the Union that goes beyond an approach to human rights based on lines of competence between EU and Member States; this policy should ensure that accountability mechanisms are available at EU level to address persisting fundamental rights violations across Member States, such as the lack of EU accountability for torture;
Amendment 27 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to its resolutions, as well as its oral questions with debates, and findings from missions and country visits in 2009 and 2010 on specific fundamental rights such as privacy, personal dignity and data protection, freedom of thought, conscience and religion, freedom of expression and information, press freedom, non-discrimination and the use of minority languages, on Roma issues, on discrimination against same-sex marriages, and on the illegal detention of prisoners; stresses that all these resolutions reflect the spirit of the Charter, showon protection of asylum seekers and migrants, on the respect of non- refoulement, on prison conditions including immigration related detention and on the illegal transfer of prisoners in the context of the CIA rendition and secret detention programme, including kidnapping, illegal detention, torture and ill-treatment; stresses its clear commitment to the everyday protection of fundamental rights of all individuals living in the EU, and sends political messages towards European citizens, Member States and the EU institutions;
Amendment 44 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers it necessary to reflect on developments in relation to the protection of fundamental rights in the post-Lisbon period and, in that context, intends this resolution to clarify the role that each institution and mechanism should play in the new European architecture of fundamental rights; this includes the role of Parliament to follow-up on its resolutions related to fundamental rights issues in the European Union;
Amendment 47 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that the legal achievements since the entry into force of the Treaty of Lisbon on 1 December 2009 have fundamentally changed the face of the EU, which is establishing itself increasingly as a political community of shared values,; theus welcomes three new pillars of themulti-leveled EU system of fundamental rights having thus become:protection that emanates from multiple sources and is enforced through a variety of mechanisms, including the legally binding Charter; the rights guaranteed by the ECHR, recognition of which flows from the Union's obligation to accede; and the rights based on the Member States‘ constitutional traditions and their interpretation according to the jurisprudence of the ECtHR and the CJ;
Amendment 51 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirms that the Charter represents the most modern codification of fundamental rights, offering a good balance between rights and solidarity and encompassing civil, political, economic and social rights as well as ‘third generation’ rights (i.e. the rights to good administration, a healthy environment and consumer protection); regrets that two Member States have opted for a limited national effect of the Charter and that another Member State has been allowed to join them;
Amendment 56 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the incorporation of the Charter into primary EU law, while not extending the Union's competences, creates new responsibilities for the decision- making and implementing institutions, as well as for Member States when implementing EU legislation domestically, and that the Charter's provisions have thus become directly enforceable by European and national courts; calls on the EU institutions and Member States to increase coherence among their various bodies responsible for monitoring and implementation, with a view to effective application of the established comprehensive framework; to reinforce a cross-EU monitoring mechanism, as well as an early warning system through the Fundamental Rights Agency, civil society and UN mechanisms, such as the Universal Periodic Review;
Amendment 63 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that promotion of respect for the core values of the EU constitutes common ground in the Union's relations with third countries, and stresses that the Charter is applicable in this regard; underlines the fact that, within the new institutional structure of the EU, the European External Action Service (EEAS) offers an opportunity to enhance coherence and effectiveness in the sphere of external policy, and therefore calls for a human- rights-based approach to the service's structure, resources and activity; in this regard calls upon the EU to maintain coherence between its internal and external human rights policy and mechanisms, in order to ensure its credibility in international fora;
Amendment 70 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on all the Member States of the EU and of the Council of Europe to express their clear political commitment to, and their will to support, the accession process and agreement; calls on the Commission to finalise its internal consultations, as well as the negotiations with the Council of Europe, by finding adequate solutions to the main technical questions in order to complete the accession process, for the benefit of citizensensure the highest possible level of protection of human rights in Europe, including a broad remit for the ECtHR’s scrutiny over EU action, access to justice and relevant procedural guarantees for applicants without discrimination, within a reasonable time limit;.
Amendment 77 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to raise awareness of the benefits of accession to the ECHR and of the requirements to be fulfilled, by developing guidelines on the adequate application and the effects of this additional mechanism so that excessive expectations on the part of EU citizens can be avoided;, and by including it in the compulsory training of all relevant professionals.
Amendment 80 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, furthermore, the new generhorizontal obligations created by the Treaty of Lisbon to combat social exclusion and discrimination and to promote social justice and protection, equality of women and men, solidarity between generations and protection of the rights of the child, as well as its explicit reference to persons belonging to minorities, which reflects another founding value of the Union; also welcomes the fact that the Union has acquired legal personality allowing it to accede to international treaties, the improvement in judicial protection with the extension of the jurisdiction of the CJ to areas of obvious relevance to the protection of fundamental rights, such as police and judicial cooperation in the field of criminal law, the strengthened role of the European Parliament and national parliaments in the European decision-making process, especially in evaluating the implementation of EU policy in the AFSJ, and the increased role of European citizens, now invested with the power to initiate EU legislation through the European Citizens‘ Initiative, and the institutional obligation to maintain an open, transparent and regular dialogue with representative associations and civil society (Article 11(2) TEU);
Amendment 87 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for full and consistent implementation of the Stockholm Programme in compliance with international and European human rights law and the jurisprudence of the ECtHR, which converts the obligations and principles deriving from the Treaty into practice by setting the strategic guidelines for the AFSJ; recalls that the AFSJ extends to all persons living under EU jurisdiction regardless of EU citizenship;
Amendment 92 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the European institutions have often acted in parallel in the field of protection of fundamental rights and therefore calls for reflection on actions taken and for enhanced cooperation among these institustablished interinstitutional cooperation that includes accountability mechanisms among these institutions; underlines the obligation under Article 218(10) TFEU for the European Parliament to be immediately and fully informed at all stages of the procedure regarding international agreements between the Union and third countries or international organisations;
Amendment 95 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the creation of a new ‘Justice, Fundamental Rights and Citizenship’ portfolio within the Commission as an indication of its commitment to step up its efforts in the area of fundamental rights and freedoms and as a positive response to Parliament's repeated requests in this regard; regrets that the division between justice and security (including migration) might reinforce the misconceived dichotomy between the need to protect the human rights of all people and the need to guarantee their security;
Amendment 101 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expects concrete actions by the new Commissioner responsible, in line with already declared intentions: to introduce a fundamental-rights impact assessment of all new legislative proposals; to oversee the legislative process to ensure that emerging final texts comply with the Charter; and to apply a ‘zero tolerance’ policy on violations of the Charter, initiating infringement proceedings when there are good grounds for doing sofor non- compliance with the Charter; regrets that this was not explicitly envisaged in the recent case of expulsions of Roma by France in summer 2010; calls upon the Commissioner as well as all EU institutions to make relevant use of Article 7 TEU;
Amendment 105 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reminds the Commission to monitor all new legislative proposals for compliance with the Charter, and to check existing instruments in this respect; suggests that the impact assessments accompanying Commission proposals should clearly indicate whether such proposals comply with the Charter, so that this consideration becomes an integral part of the bringing forward of legislative proposals; recalls the Commission of its explicit task to involve parties concerned by broad consultations in order to ensure coherence and transparency in the Union's actions (Article 11(3) TEU); underlines in this regard the importance of the FRA Platform as a significant resource for fulfilling this task;
Amendment 108 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reminds the Commission to undertake objective investigations and start infringement proceeding if there are good grounds for doing so, thus avoiding double standards, whenever a Member State, in implementing EU legislation, violates the rights enshrined in the Charter; further reminds the Commission to request that Member States provide reliable data and factscross check the information with non- governmental sources, as well as to request the FRA and other human rights bodies for input;
Amendment 114 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of the Commission's annual monitoring of compliance with the Charter, and notes that its monitoring reports should contain an assessment of the implementation of the variousguaranteed rights and existing protection gaps at national and EU level, an evaluation of the most contentious issues and of the situation of the most vulnerable groups in the Union and identification of key trends and structural problems, with a view to proposing concrete initiatives and measures at EU level for prevention and redress of fundamental rights violations; calls upon the Commission to systematically invite the European Economic and Social Committee to give an opinion on the report; recommends the dissemination of good practices to the Member States;
Amendment 122 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to enforce the values and principles enshrined in the Treaty and Charter and the strategy set out in the Stockholm Programme through concrete legislative proposals while having regard to the jurisprudence of the ECtHR when carrying out these activities; furthermore, calls for the ‘Lisbonisation’ of the current acquis in the field of police and judicial cooperation and for a strengthening of democratic accountability in the AFSJ;
Amendment 124 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Suggests thatestablishing a working relationship between the Commissioner responsible for Justice, Fundamental Rights and Citizenship be invited regularly to the meetings of itsand the Committee of Civil Liberties, Justice and Home Affairs, by regularly inviting the Commissioner to exchange views on current issues and developments related to fundamental rights, in the form of an ongoing dialogue;
Amendment 130 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Council to adapt to the changes required by the Treaty and to comply with the Charter when legislating; therefore welcomes the establishment of a standing Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons and hopesunderlines the importance that this new body will works transparently and efficiently, also when relating to the European Parliament;
Amendment 136 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Council to ensure that the Council Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons has a broad mandate, including but not limited to discussing and responding officially to reports of the FRA, discussing and reporting on implementation of recommendations of UN treaty bodies, special procedures and mechanisms; assessing the external human rights impact of internal EU instruments and policies together with the Council Human Rights Working Group (COHOM); ensuring coordination with agencies with a human rights impact (e.g. EIB or FRONTEX); examining EU and Member States signature, ratification and compliance with international human rights instruments; and generally providing a forum for Council exchanges on internal human rights matters;
Amendment 140 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for enforcement of its democratic scrutiny based on the treaties; insists on the necessity of enhancing transparency and access to documents between EU institutions, in order to develop more effective interinstitutional cooperation on matters related to fundamental rights; underlines its role in evaluating the work of other EU institutions and holding them accountable for their action or inaction when assessing developments in the field (e.g. through annual reports), combining as it does political messages with a facts- based approach;
Amendment 142 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the EU to ensure full legal accountability of its agencies with regard to fundamental rights violations, giving particular attention to FRONTEX;
Amendment 145 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reaffirms the fact of the CJ's enhanced role in ensuring that all institutions and Member States implementing EU law apply the Charter accordingly, and notes that this will enable the CJ to develop its case law on fundamental rights; stresses the need for enhancstablished cooperation between national courts, the CJ and the ECtHR in furthering the development of a coherent system of case law in the field;
Amendment 152 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that the FRA constitutes ae FRA's role to guarantee of the congoingtinued protection of fundamental rights within the Union and that it should therefore; thus the FRA should have adequate resources for its increased tasks following the implementation of the Charter; points out that its monitoring role should extend to the acceding countries; reiterates its request to be fully associated in revising the multi- annual programme of the FRA; calls on the FRA to continue providing analysis and recommendations on the fundamental rights implications of the Lisbon Treaty;
Amendment 157 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the EU decision-making institutions to use the data and facts provided by the FRA during the preparatory stage of legislative activity and, in decision-making and/or monitoring processes and to be in constant and close cooperation with the FRA, while involving its NGO Platform;
Amendment 161 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the fact that the EU and the Member States share competence in the field of human and fundamental rights, in their respective spheres of responsibility, in accordance with the principle of subsidiarity, and that; this shared competence represents both an opportunity and a right,should not be interpreted as as well as an obligation on the part of the Member Stateay to avoid action at EU or national level as regards fundamental rights commitments; highlights the enhanced role of the national parliaments provided by the Treaty of Lisbon and supports the establishment of a formal ongoing dialogue between the European Parliament and national parliaments;
Amendment 163 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of the judiciary bodies in the Member States, which play a primary role in the enforcement of human rights, and therefore suggests the provision ofurges supporting easy access to the courts and proceedings of a reasonable time limit as a means of strengthening the protection of fundamental and human rights; urges the Member States to invest effort in the ongoing training of national judges on fundamental rights and freedoms, including the new aspects in the field after the Lisbon Treaty;
Amendment 169 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the EU institutions and the Member States to redouble their efforts to raise awareness, as fundamental rights can be protected more effectively if citizenindividuals themselves are aware of their rights; calls for active use of the experience of civic bodies and relevant NGOs and for the maintenance of an ongoing working relationship with all such bodies in implementing the new architecture of fundamental rights and in taking action on specific cases;
Amendment 174 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EU institutions to exploit the full potential of the Memorandum of Understanding between the Council of Europe and the EU, in the interests of greater synergy and consistency at European level, and suggests that better use be made of the expertise of the human- rights monitoring mechanisms, standards and findings developed by Council of Europe, thus avoiding duplication of work; reaffirms the need for the Union to be more involved in the work of the Commissioner for Human Rights, as well as in the Parliamentary Assembly of the Council of Europe;
Amendment 180 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the EU Member States to sign up to, and ratify, the core Council of Europe and United Nations human-rights conventions and the additional optional protocols: among others, the European Social Charter, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, the UN Convention on the Rights of the Child, the UN Convention on the Rights of Persons with Disabilities, and the Convention on the Elimination of All Forms of Discrimination against Women; furthermore, suggests that, in the European legislative process, more account be taken of international documents and more reference made to themthe UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Council of Europe Convention on Action against trafficking in human beings, the UN Convention on organised crime and its two protocols against human trafficking and smuggling, the UN Convention on the Elimination of All Forms of Discrimination against Women and the up-coming Council of Europe Convention on preventing and combating violence against women and domestic violence; furthermore, suggests that, in the European legislative process, more account be taken of international documents and more reference made to them; to this end welcomes the inclusion of an Annex in FRA's Annual report, to be updated in each subsequent annual report, indicating the current state of play regarding the ratification by Member States of international human rights instruments, namely conventions of the UN and agreements of the Council of Europe;
Amendment 183 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the need for appropriate attention to the various UN monitoring mechanisms and to the findings of the UN human-rights bodies, and suggests that their recommendations relevant to Member States be followed closely; points out the importance of the Universal Periodic Review (UPR) of the United Nations Human Rights Council; recommends cooperation with the Office of the High Commissioner for Human Rights and the office of the High Commissioner for Refugees of the United Nations; and welcomes the opening, in Brussels, of the first European Regional Office of the UN High Commissioner for Human Rights;
Amendment 185 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on Member States sitting in the United Nations Security Council to ensure procedural rights guarantees in the listing and de-listing process of alleged terrorist groups or persons, as required by relevant CJ case law;
Amendment 192 #
Motion for a resolution
Paragraph 35 – introductory part
Paragraph 35 – introductory part
35. Recalls, therefore, all its resolutions and debates, as well as findings from missions and country visits on fundamental-rights issues in 2009 and 2010, which have shown that there are many outstanding issues and specific cases of violation of fundamental rights, which require urgent steps, mid- term strategies and long-term solutions; such acalls for an open assessment on the follow-up of all the resolutions by all EU institutions, as a concrete step forward, on the following indicative list of issues:
Amendment 200 #
Motion for a resolution
Paragraph 35 – indent 2
Paragraph 35 – indent 2
– protecting data and privacy, including transfer and storage of financial and personal data, and promot; requests the Council and the Commission to fully respect fundamental rights ing the rfight balance between individual freedoms and collective security challenged by new forms of terrorisagainst terrorism, notably by answering Parliament's demand for transparency and victim reparation in the context of the CIA rendition and secret detention program,
Amendment 214 #
Motion for a resolution
Paragraph 35 – indent 5
Paragraph 35 – indent 5
– developing EU strategy on the rights of the child through practical measures to combat child abuse, sexual exploitation and child pornographyabuse material, to promote safer use of the internet and to eliminate child labour and child poverty,
Amendment 223 #
Motion for a resolution
Paragraph 35 – indent 6
Paragraph 35 – indent 6
– prohibiting and eliminating all forms of discrimination against a large number of minoritiesin all areas of life, by enacting relevant EU wide legislation,
Amendment 241 #
Motion for a resolution
Paragraph 35 – indent 7 a (new)
Paragraph 35 – indent 7 a (new)
– evaluating the existing EU readmission agreements and assessing the fundamental rights impact of the EU policy on readmission agreements,
Amendment 253 #
Motion for a resolution
Paragraph 35 – indent 8 a (new)
Paragraph 35 – indent 8 a (new)
– protecting the freedom of expression, and the freedom and independence of all media and press,