5 Amendments of Nuno MELO related to 2016/0412(COD)
Amendment 89 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The creation of an area of freedom, security and justice within the Union is based on mutual confidence and a presumption of compliance by other Member States with Union law and, in particular, with fundamental rights. However, that presumption is rebuttable. Consequently, if there are substantial grounds for believing that the execution of a confiscation or freezing order would result in a breach of a fundamental right of the person concerned and that the executing State would disregard its obligations concerning the protection of fundamental rights recognised in the Charter, execution of the confiscation or freezing order should be refused.
Amendment 92 #
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) This Regulation respects the fundamental rights and observes the principles recognised by Article 6 of the TEU and in the Charter, notably Title VI thereof, by international law and international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in Member States' constitutions in their respective fields of application. Nothing in this Regulation may be interpreted as prohibiting refusal to execute a confiscation or freezing order when there are reasons to believe, on the basis of objective elements, that the confiscation or freezing order has been issued for the purpose of prosecuting or punishing a person an account of his or her sex, racial or ethnic origin, religion, sexual orientation, nationality, language or political opinions, or that the person's position may be prejudiced for any of these reasons.
Amendment 165 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point g a (new)
Article 9 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) There are substantial grounds for believing that executing the confiscation order would be incompatible with the executing State's obligations in accordance with Article 6 of the Treaty on European Union and the Charter.
Amendment 202 #
Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
(ea) There are substantial grounds for believing that executing the freezing order would be incompatible with the executing State's obligations in accordance with Article 6 of the Treaty on European Union and the Charter.
Amendment 261 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. TWithout prejudice to the fundamental guarantees and rights in force in the executing Member State, the substantive reasons for issuing the freezing or confiscation order shall not be challenged before a court in the executing State.