Activities of Elena BĂSESCU related to 2013/2013(INI)
Shadow reports (1)
REPORT on the activities of the Committee on Petitions 2012 PDF (389 KB) DOC (410 KB)
Amendments (26)
Amendment 6 #
Motion for a resolution
Recital B
Recital B
B. whereas in 2012 the Committee on Petitions registered 1 984 petitions, mostly referring to the themes of fundamental rights, the environment, and the internal market; whereas 1650 petitions were processed by the end of May 2013, of which 414 were declared admissible and closed and 465 declared inadmissible; whereas the petitions led to the delivery of a reasoned opinion from the Commission, according to Article 258 of TFEU and one case was brought before the Court of Justice of the European Union; whereas 340 other petitions are pending under the infringements proceedings, 118 of them are pending before the European Court of Justice;
Amendment 15 #
Motion for a resolution
Recital F
Recital F
F. whereas, in relation to the protection of the environment, the threat posed by pollution and environmental malpractice can never be overstated, due to the ensuing risks to biodiversity and ecosystems, as well as public health risks, all of which are long-lasting and often life-threatening; whereas in 2012 the Committee devoted much attention to the implementation of legislation on waste and water, as well as to the assessment of the impact of projects and activities on the environment and on public health;
Amendment 24 #
Motion for a resolution
Recital G
Recital G
G. whereas in spite of the Interinstitutional Agreement between the Parliament and the Commission, the latter appears reluctant to provide prompt information on the nature of its deliberations, as well as decisions taken, in infringement proceedings related to petitions and concerning the implementation of environmental legislation; whereas this is an important source of concern given the irreversible damage and destruction that could be inflicted on our ecosystems and health;
Amendment 26 #
Motion for a resolution
Recital H
Recital H
H. whereas 2013 has been designated the European Year of Citizens, and it is precisely the citizens and residents of the EU, individually or in association with others, who are bestwell placed to both assess the effectiveness of European legislation as it is applied, and to signal possible loopholes which impair the proper implementation of legislation and the full exercise of rights;
Amendment 30 #
Motion for a resolution
Recital I
Recital I
I. whereas, for that reason, the Committee on Petitions devoted a great amount of time and effort in 2012 to discussing the meaning of citizenship, which is closely associated with the freedom of movement in the EU, as defined in Part III of TFEU; whereas petitions give evidence that Union citizens still face widespread and tangible obstacles to exercising their cross-border rights, a situation which has a direct and daily impact on the lives and welfare of thousands of households;
Amendment 42 #
Motion for a resolution
Recital L
Recital L
L. whereas petition 630/2006 with more than one million signatures from EU citizens on the subject of the European Parliament's two-seat arrangement has been kept on hold by the European Parliament's Conference of Presidents pending consultation of Member States;
Amendment 49 #
Motion for a resolution
Recital O
Recital O
O. whereas certain petitions, such as one of the oldest outstanding petitions concerning discriminatory treatment against foreign- language lecturers (‘lettori’) in Italy, are pending between the Commission, Parliament, European Court of Justice and national authorities without any solution found, leaving the petitioners on uncertain ground with no sign of a conclusion;
Amendment 56 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note that petitions received in 2012 from European Union citizens and residents focused on alleged breaches of EU law in the fields of fundamental rights, the environment, the internal market and property rights; considers that petitions give evidence that there are still frequent and widespread instances of incomplete transposition or of misapplication of EU law; takes the view therefore that, ultimately, the European Union's body of law does not fully deliver the expected results;
Amendment 59 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that fundamental rights, although the admissibility processing of the petitions was still not concluded by the end of June 2013, fundamental rights, as defined by the Treaties, remain a key subject of the petitions submitted in 2012, notably raising issues related to the rights of persons with disabilities, children's rights, property rights, the right of free of movement without discrimination on any grounds, the protection of freedom of expression and privacy, freedom of association, and the right of access to documents and information; calls on Member States to respect those rights as set out in the Treaty and calls on the European Commission to take the necessary measures to oblige non- compliant Member States to close the gap between national laws and the fundamental rights of EU citizens;
Amendment 74 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Repeats its previous calls to Member States to ensure freedom of movement for all EU citizens and their families, without discrimination on grounds of sexual orientation or nationality; repeats its call to Member States to implement fully the rights granted under Articles 2 and 3 of Directive 2004/38/EC not only to different-sex spouses, but also to the registered partner, member of the household or partner with whom an EU citizen has a duly attested, stable relationship, including members of same- sex couples, on the basis of the principles of mutual recognition, equality, non- discrimination, dignity and respect for private and family life; calls on the Commission, in that connection, to ensure that the directive is strictly applied;
Amendment 81 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that the environment remains another key subject of petitions, giving evidence that public authorities in the Member States repeatedly fail to ensure the preservation of biodiversity and ecosystems, and that the highest standards of public health are guaranteed; points, in particular, to the numerous petitions submitted on waste management, on water, and on the assessment of the impact of projects and activities on the environment and on public health; urges the Commission to strengthen the environmental legislative framework and, specifically, its correct implementation; regrets that some Member States, despite their efforts, have not been able to find sustainable solutions for problems related to waste management;
Amendment 86 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes, in addition, that citizens in the European Union continue to face barriers within the internal market, notably while exercising their freedom of movement as individuals, as workers, and as providers and consumers of goods and services and as workers, such as, for instance, the case of Romanian and Bulgarian workers who continue to face restrictions on the labour market in some Member States; signals, in particular, that cross-border judicial cooperation and effectiveness remains an area of primary concern; concludes, overall, that strengthened cross- border cooperation and harmonisation provides marked benefits for the protection of citizens' rights and economic stimulation;
Amendment 90 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of the creation of the Spanish Coastal Law Working Group, which has been closely studying related petitions and the modification of the law; reiterappreciates the importance of direct contact with the Spanish national authorities in this respect and welcomes further cooperation to find a better balance between property rights and the protection of the environment;
Amendment 97 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that better governance and more efficient redress mechanisms are directly linked with transparency and access to information in accordance with Regulation 1049/2001;
Amendment 100 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention, in that regard, to the Eurobarometer of public opinion which indicates that only 36% of EU citizens consider themselves well informed about their rights and only 24% feel well informed about what they can do if their rights are not respected; stresses, therefore, the urgent need for improved access to information and for a clearer distinction between the functions of the various national and European institutionsinstitutions and the European Commission, the European Ombudsman and the Parliament's competent committee, so that petitions and complaints can be addressed to the right bodies;
Amendment 106 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the constructive cooperation between the Committee and the European Ombudsman, as for instance in the case of the Ombudsman's Special Report on Vienna Airport, regarding the appropriate application of the Environmental Impact Assessment Directive; supports the activities of the Ombudsman concerning instances of maladministration in the activities of EU institutions, bodies, offices and agencies;
Amendment 109 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the continued cooperation with the European Commission with regard to the examination of petitions in the field of the application of EU law by Member States; stresses, nevertheless, that the Committee expects to be kept well and promptly informed about developments concerning infringement proceedings; asks the Commission to give equal consideration to petitions and complaints as regards the functioning of infringement procedures; calls, in addition, upon the Commission to also provide the Committee with details and a statistical analysis of all complaints it investigates;
Amendment 111 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that access to information held by the EU institutions, as specified by Regulation 1049/2001, is the primary interest of citizens aiming to better understand the political and economic deliberations behind decision-making process; takes the view that greater access to information on investigations and infringement files could be provided by the Commission without jeopardising the purpose of the investigations and that an overriding public interest might well justify access to these files, particularly in cases where fundamental rights, human or animal health and the protection of the environment against irreversible damage may be at stake, or where proceedings are under way regarding discrimination against a minority or violations of human dignity, as long as protection of trade secrets and sensitive information relating to court cases, competition cases and personnel files are safeguarded;
Amendment 115 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that, as confirmed by the Legal Service in its Opinion of 29 February 2012, the fields of activity of the European Union institutions, as contained in the Treaty, are wider than the mere sum of the competences exercised by the Union; calls on the European Commission to interpret petitions in light of this fundamentatakes into account that, whereas Article 227 TFEU does not provide for a definition of a petition, petitions are to be declared inadmissible only if they do not fulfil the conditions mentioned in Article 227 TFEU; takes also into account the view of Parliament's Legal Service that Parliament is entitled to adopt internal administrative decisions which aim to establish a procedure for the processing of submissions from citizens, and, more specifically according to the Legal Service, it is possible for Parliament's staff to prepare the ground for the work of Members of the Petitions Committee, taking into account that, for the legality of the procedure, it is essential that Parliament's responsible committee exclusively adopts decisions on the admissibility of petitions; regrets in this respect the failure of the appropriate service of the Parliament to follow through Parliament's Resolution of 21 November 2012 with regard to submissions from citizens on issues that fall outside the EU's area of competence pursuant to Article 227 of the Treaty as well basis; Article 51 of the Charter of Fundamental Rights; finally, takes note of the legal ruling by the Court of Justice of the European Union (Case T-280/09), specifying that a petition must be drafted in a sufficiently clear and precise manner so as to be properly understood, in the light of the conditions set out in Article 227 of the TFEU.
Amendment 116 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the negligence of many Member States in transposing and enforcing European legislation, a persistent failing which continues to give relevance to the work of this Committee; uUrges Member States, consequently, to transpose and apply EU legislation in full transparency and, with that objective in mind, considers it indispensable to improve cooperation with Member States' parliaments and governments, on a reciprocal basis;
Amendment 120 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the petitions mechanism is not merely a service, but a right for all European citizens and residents; pledges to make the petition procedure more efficient, transparent, and impartial, while preserving the participatory rights of the Members of the Committee on Petitions, so that the handling of petitions stands up to judicial review even at a procedural level;
Amendment 123 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises the essential role of fact- finding visits in the petitions procedure, not just as a participatory parliamentary right, but also as an obligationas a duty in relation to petitioners; reaffirms, as already stated in this Committee's previous report, the need for more precise, written, procedural rules in relation to the preparation, implementation and evaluation of visits, ensuring on the one hand that all members of a fact-finding visit have the right to present the facts from their point of view while, on the other hand, guaranteeing all Committee Members the opportunity to participate in the decision- making process concerning the conclusions and recommendations to be drawn by the Committee on Petitions;
Amendment 124 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the European Parliament's Conference of Presidents to reinforce this Committee's investigatory role and to take into account the Committee's specific nature by giving its full and prompt support to the fact- finding visits proposed;
Amendment 130 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Looks forward to organising public hearings for successful European Citizens' Initiatives, alongside the legislative Committee responsible in accordance with Rule 197A of the European Parliament's Rules of Procedure; reaffirms its belief that this new tool will strengthen the democratic institutions of the Union and will give meaning to the notion of European citizenship;
Amendment 134 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Believes that the role and responsibilities of the Petitions Committee would be best performed, and its visibility, efficiency, accountability and transparency best enhanced, by improving its means for bringing issues of importance to European citizens to plenary, and upgrading its abilities to call witnesses, conduct investigations and organise on-site hearings;
Amendment 135 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Conference of PresidParliaments to examine the extent to which amendments to the Rules of Procedure would be appropriate for the implementation of the above formal requirements concerning fact-finding visits and plenary resolutions under Article 202 of its Rules of Procedure;