22 Amendments of Birgit SIPPEL related to 2014/2254(INI)
Amendment 86 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas respecting the rule of law is a prerequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligations deriving from the Treaties and from international law.
Amendment 92 #
Motion for a resolution
Recital B
Recital B
B. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights in full;
Amendment 143 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas specific human rights guidelines have been developed in external policies of the EU, this has not been the case in its internal policies, which could lead to allegations of double standards;
Amendment 200 #
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) make provision for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the various parties involved, instituinstitutions of the European Union, like the Commission and FRA, the Council of Europe, the United Nationals and otherwisecivil society organisations, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and dialogue;
Amendment 203 #
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) ensure that the annual policy cycle is based on the compliance with the rule of law as it is a pre-requisite for the protection of fundamental rights
Amendment 219 #
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) develop, in cooperation with the FRA, a database that collates and publishes data onbe based on a system of annual country assessment, developed by the Commission and the Council, on the compliance with the rule of law and the situation regardingof fundamental rights in the EU and in individual Member States; reiterates, iall Member States of the European Union, based on data of FRA, Council of Europe and its Venice Commission and NGOs. In that connection, the need for the Commission to propose a revision of the FRA Regulation is essential in order to grant the FRA wider powers; in particular in relation to the situation assessment in each Member States and the possibility of the FRA auto-referral as part of an alert mechanism;
Amendment 224 #
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) bproadenvide clear indicators in order to assess the enforcement and respect of fundamental rights, and to trigger alert mechanisms in the case of violations. Such indicators could take the form of a fundamental rights scoreboard, possibly as an extension of the scope of the EU Justice Scoreboard t, which should also cover the assessment of criminal justice systems and of efforts to uphold fundamental rights and the rule of law; indicators should include clear data collection mechanisms, including equality data collection disaggregated according to the different discrimination grounds;
Amendment 241 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law is a good tool under the current legal framework provided by the Treaties; considers, however, that the proposed mechanism willmay not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 252 #
Motion for a resolution
Paragraph 6 – point a a (new)
Paragraph 6 – point a a (new)
(aa) finding a way to make better use of the expertise of the Council of Europe and setting up a formal channel of cooperation in matters relating to the rule of law and fundamental rights;
Amendment 257 #
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
(b) clearly definifying the criteria for its application and ensuring that it is implemented swiftly without waiting for fundamental rights violations to materialise and considering setting up these criteria in a manner that any breach could automatically trigger the mechanism;
Amendment 270 #
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically by which the possibility of applying double standards can be fully avoided; defining the criteria for "clear risk of breach" and "serious and persistent breach" building inter alia on the case law of European Court of Justice and the European Court of Human Rights, should such a mechanism fail, and that the possibility of imposing further penalties in keeping with European law is considered;
Amendment 277 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the fact that the Council will hold debates on the rule of law; considers, however, that such debates are not the most effective ways to resolve any non-compliance with the fundamental values of the European Union; regrets the fact that it is neither informed nor involved into the organisation of these debates; calls on the Council to base its debates on the results of annual and specific reports of the European Commission, the European Parliament, the civil society, the Council of Europe and its Venice Commission and other parties involved, institutional and otherwise;
Amendment 279 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Council to push for a more ambitious plan on the rule of law framework that enables the various European institutions to monitor and safeguard Member States' compliance with the rule of law; either in form of a Treaty change, allowing the fundamental values enshrined in Article 2 to be monitored and safeguarded beyond the areas covered by EU law, or in form of a peer review, with the involvement of the European institutions and possibly the Council of Europe and its Venice Commission; considers that such ambitious plan should also foresee a more important role for the European Court of Justice that is not limited to procedural guarantees;
Amendment 281 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Council to find a common ground on the precise content of the principles and standards stemming from the rule of law that vary at national level and to consider the already existing definition of the rule of law of the European Court of Justice, as a starting point for debate, that include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law;
Amendment 289 #
Motion for a resolution
Subheading 2
Subheading 2
Freedom and securitynon-discrimination
Amendment 301 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instancecidents of anti- Semitic and anti-Islamophobic discrimination and violence; calls on Member States to protect freedom of religion or belief as well as other incidents of hate speech or hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity, occurring in the EU on a daily basis; calls on Member States to protect freedom of thought, conscience, religion or belief, to protect fundamental and human rights and to promote tolerance;
Amendment 635 #
Motion for a resolution
Paragraph 14 – introductory part
Paragraph 14 – introductory part
14. Deplores the repeated and tragic losses of life in the Mediterranean; reiterates the need to make every possible effort to as well as reported incidents of violent push-backs at the EU’s external borders; calls on the EU institutions to put solidarity and the respect for fundamental and human rights at the core of EU migration policies; urges:
Amendment 645 #
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
– save the lives of persons in dangerthe European Commission and all Member States to provide sufficient resources to save the lives of persons in danger by putting in place a search and rescue operation in the Mediterranean sea, with a mandate and resources comparable to Mare Nostrum;
Amendment 649 #
Motion for a resolution
Paragraph 14 – indent 1 a (new)
Paragraph 14 – indent 1 a (new)
- the Member States to comply with international law and to make sure that the principle of non-refoulement is always respected;
Amendment 657 #
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– the European Commission and all Member States to provide sufficient resources to improve legal and safe avenues for refugees;
Amendment 831 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption represents a serious fundamental rights violation; calls onurges the Member States and institutions to devise effective instruments for combating and sanctioning corruption and to monitor regularly the use of public funds, be they European or national;
Amendment 865 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deplores the conditions in the prisons of numerous Member States; reaffirms the need for Member States to honour the commitments made in international and European fora to making greater use of probation measures and sanctions which offer an alternative to imprisonment; regards it as essential that the EU should adopt an instrument which guarantees that the recommendations of the European Committee for the prevention of torture and inhuman or degrading treatment and punishment (CPT) and the judgments of the ECtHR are implemented;