8 Amendments of Giancarlo SCOTTÀ related to 2017/2089(INI)
Amendment 7 #
Draft opinion
Recital C
Recital C
C. whereas Article 6(3) TEU also emphasises that fundamental rights, as guaranteed by the European Convention on Human Rights, shall constitute general principles of the Union’s law;
Amendment 10 #
Draft opinion
Recital D
Recital D
D. whereas Article 151 of the Treaty on the Functioning of the European Union (TFEU) refers to fundamental social rights such as those set out in the European Social Charter and in the Community Charter of the Fundamental Social Rights of Workers;
Amendment 18 #
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas, as shown by the European Court of Auditors1a as well, the Commission plan aiming to subordinate EU funding to respect of rule of law is affected by irremediable fundamental deficiencies as regards rule of law itself; __________________ 1a Opinion No 1/2018 concerning the proposal of 2 May 2018 for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324 final).
Amendment 19 #
Draft opinion
Paragraph 1
Paragraph 1
1. States that the Charter of Fundamental Rights has to be applied with full respect for the European Convention on Human Rights (ECHR), while also recognising the importance of the European Social Charter and the European Pillar of Social Rights and calls upon the Commission to speed up the accession procedure of the EU to the ECHR and to give greater priority to the examination of the possibility of the EU’s accession to the European Social ChartCommunity Charter of the Fundamental Social Rights of Workers;
Amendment 36 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Court of Justice ruled4 that the Commission must fully respect the Charter also in the tasks allocated to it under the ESM Treaty, in particular when it comes to signing memoranda of understanding, and that the same applies to the country-specific recommendations in the context of the European semester; calls onurges the Commission to better integrate fundamental and social rights impact assessments into EU socio- economic governance; __________________ 4 Judgement of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701.
Amendment 41 #
Draft opinion
Paragraph 3
Paragraph 3
3. EmphasiseReminds that the Charter’s application also extends to the EU agencies; encourages in particular Frontex and the European Asylum Support Office (EASO) to work on a culture of fundamental rights, not only for application in their general policies but also in the daily activities of the border and coast guards, as well as the asylum officers, assigned to these agen in their general policies;
Amendment 53 #
Draft opinion
Paragraph 4
Paragraph 4
4. States that there are still gaps in access to remedy for victims in third countries of business-related fundamental and social rights abuses and calls for mechanisms that allow victims to address such abuses when the company concerned is established within the EU to be built into the EU’s external agreements, in particular its trade and investment agreements;
Amendment 59 #
Draft opinion
Paragraph 5
Paragraph 5
5. SupporRejects the proposal for Charter- conditionality of EU funds under the multiannual financial framework 2021- 2027, which should be achieved inter alia by introducing strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing the large EU fundssince it patently does not respect rule of law itself, in particular the principles of legality1a, legal certainty1b, prohibition of arbitrariness of the executive powers1c, separation of powers1d, and effective judicial protection by independent courts1e. __________________ 1a Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 1b Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10. 1c Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19. 1d Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09, ECLI:EU:C:2010:811, paragraph 58. 1e Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C-64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41.