[ParlTrack]

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital F

F. the Protocols to the TEU and to the Treaty on the Functioning of the European Union form an integral part thereof, and therefore an additional Protocol establishing special rules with regard to the application of parts of the law of the Union to a Member State requires a revision of the Treaties,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital G

~~G. pursuant to the second subparagraph of Article 6(1) TEU, the Charter does not extend in any way the competences of the Union as defined in the Treaties,~~deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital G

~~G. pursuant to the second subparagraph of Article 6(1) TEU, the Charter does not extend in any way the competences of the Union as defined in the Treaties,~~deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital H

H. pursuant to Article 51 of the Charter, the provisions of the Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. Those institutions, bodies, offices and agencies must therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties. The Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties, as confirmed by Declaration No 1,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital I

I. paragraph 2 of Declaration No 53 by the Czech Republic provides that the Charter "does not diminish the field of application of national law and does not restrain any current powers of the national authorities in this field", thereby establishing that the integrity of the legal order of the Czech Republic is guaranteed without having recourse to an additional instrument,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital H

H. pursuant to Article 51 of the Charter, the provisions of the Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. Those authorities must therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties. The Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties, as confirmed by Declaration No 1,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital J

J. on the basis of academic evidence and case-law, Protocol No 30 does not exempt Poland and the United Kingdom from the binding provisions of the Charter, it is not an 'opt-out', it does not amend the Charter and it does not alter the legal position which would prevail if it were not to exist1. The only effect it has is to create legal uncertainty not only in Poland and the United Kingdom but also in other Member States,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital I

I. paragraph 2 of Declaration No 53 by the Czech Republic provides that the Charter "does not diminish the field of application of national law and does not restrain any current powers of the national authorities in this field", thereby establishing that the integrity of the legal order of the Czech Republic is guaranteed without having recourse to an additional instrument,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital K

K. an important function of the Charter is to increase the prominence of fundamental rights and to make them more visible, but Protocol No 30 gives rise to legal uncertainty and political confusion, thereby undermining the efforts of the Union to reach and maintain a uniformly high and equal level of rights protection, 1 Judgment of the Court of Justice of 21 December 2011 in Joined Cases C-411/10 and C-493/10, especially paragraph 120.deleted Or. en

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital J

J. on the basis of academic evidence and case-law, Protocol No 30 does not exempt Poland and the United Kingdom from the binding provisions of the Charter, it is not an 'opt-out', it does not amend the Charter and it does not alter the legal position which would prevail if it were not to exist . The only effect it has is to create legal uncertainty not only in Poland and the United Kingdom but also in other Member States,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital L

L. if Protocol No 30 were ever to be interpreted as limiting the scope or force of the provisions of the Charter, the effect would be to diminish the protection of fundamental rights afforded to people in Poland, in the United Kingdom and, prospectively, in the Czech Republic,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital M

~~M. the Charter has no effect whatsoever, in terms of Czech, Union or international law, on the validity of the Beneš Decrees concerning the expropriation of property after the Second World War,~~deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital N

N. the Czech Parliament ratified the Treaty of Lisbon precisely as it had been signed, without any reservation or qualification whatsoever concerning full adherence by the Czech Republic to the Charter2,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

paragraph 120.

K. an important function of the Charter is to increase the prominence of fundamental rights and to make them more visible, but Protocol No 30 gives rise to legal uncertainty and political confusion, thereby undermining the efforts of the Union to reach and maintain a uniformly high level of rights protection,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital P

P. the Czech Constitutional Court dismissed two petitions in 2008 and 2009, finding the Treaty of Lisbon to be fully in accordance with Czech constitutional law, but the possibility cannot be ruled out that a petition against the proposed amendment of the Treaties will be lodged in the same Court,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital Q

Q. the European Council may acknowledge that the political situation sometimes changes in such a way as to supersede earlier political understandings between governments, 2 The Czech Chamber of Deputies ratified the Treaty of Lisbon on 18 February 2009 and the Czech Senate on 9 May 2009.deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital R

R. Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes proposed, ~~irrespective of their significance, but is in no way bound to agree with the European Council,~~

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital S

S. doubts persist about the willingness of the Czech Parliament to complete ratification of the new protocol aimed at extending the application of Protocol No 30 to the Czech Republic; in the event that the European Council decides to examine the proposed amendment, other Member States might wish not to start their ratification procedures until the Czech Republic has completed its own,deleted

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital L

L. if Protocol No 30 were ever to be interpreted as limiting the scope or force of the provisions of the Charter, the effect would be to diminish the protection of fundamental rights afforded to people in Poland, in the United Kingdom and, prospectively, in the Czech Republic,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Paragraph 1

1. ~~Acknowledges its consultation by the European Counci~~Calls on the European Council to examine the proposed amendment of the Treaties in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the ~~examin~~application of the ~~proposed ame~~Charter of Fundament ~~of the Treaties~~al Rights of the European Union to the Czech Republic;

2013/01/17
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital M

~~M. the Charter has no effect whatsoever, in terms of Czech, Union or international law, on the validity of the Benes Decrees concerning the expropriation of property after the Second World War,~~deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital O

O. the Czech Parliament ratified the Treaty of Lisbon precisely as it had been signed, without any reservation or qualification whatsoever concerning full adherence by the Czech Republic to the Charter,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital P

P. the Czech Senate, in its abovementioned Resolution 330 of 6 October 2011, opposed the application to the Czech Republic of Protocol No 30 on the grounds that it would reduce standards of protection of fundamental rights and freedoms of Czech citizens. The Czech Senate also questioned the ambiguous constitutional circumstances, in which the matter was first raised by the President of the Republic only after the parliamentary ratification of the Treaty of Lisbon had been completed,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital Q

~~Q. major doubts exist as to whether there is a majority in the Czech Parliament to ensure ratification of the new protocol aimed at extending the application of Protocol No 30 to the Czech Republic,~~deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital R

~~R. if the protocol proposed by the Czech government is annexed to the Treaties, the possibility cannot be ruled out that a petition against it will be lodged in the Czech Constitutional Court,~~deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital T

T. the linking of the Czech request for the application of Protocol No 30 to be extended to the Czech Republic with the accession of Croatia to the Union could complicate the ratification of the Croatian Accession Treaty,deleted

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital U

U. Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes proposed, ~~irrespective of their significance, but is in no way bound to agree with the European Council,~~

2012/06/14
Committee: AFCO

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Paragraph 1

1. Calls on the European Council to ~~decide not to~~ examine the proposed amendment of the Treaties in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the application of the Charter of Fundament ~~of the Treaties~~al Rights of the European Union to the Czech Republic;

2012/06/14
Committee: AFCO

28 Amendments of Edvard KOŽUŠNÍK related to 2011/0817(NLE)

ParlTrack - 2011-2024