2011/0817(NLE) | [ParlTrack]

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2011/0817(NLE) Application of the Charter of Fundamental Rights of the European Union to the Czech Republic. Protocol

Progress: Procedure lapsed or withdrawn

Role	Committee	Rapporteur	Shadows
Lead	AFCO	DUFF Andrew ( ALDE)	SCHÖPFLIN György ( PPE), BRZOBOHATÁ Zuzana ( S&D), HÄFNER Gerald ( Verts/ALE), FOX Ashley ( ECR), MESSERSCHMIDT Morten ( EFD)
Committee Opinion	LIBE

Lead committee dossier:

AFCO/7/07564

Subjects

Events

2014/05/13

CSL - Council Meeting

2013/05/22

EP - Text adopted by Parliament, 1st reading/single reading

Details

The European Parliament adopted by 574 votes to 82, with 24 abstentions, a resolution on the draft protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic (Article 48(3) of the Treaty on European Union).

Parliament recalls that the Heads of State or Government, meeting within the European Council on 29 to 30 October 2009, agreed that they would, at the time of the conclusion of the next accession treaty and in accordance with their respective constitutional requirements, attach to the Treaties a Protocol concerning the application of the Charter to the Czech Republic.

The draft Protocol seeks to join the Czech Republic to the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom.

On 5 September 2011, the Czech Government submitted to the Council a proposal, in accordance with Article 48(2) TEU, for the amendment of the Treaties to add a Protocol concerning the application of the Charter to the Czech Republic. On 11 October 2011, the Council submitted to the European Council a proposal for the amendment of the Treaties concerning the addition of a Protocol on the application of the Charter to the Czech Republic.

In accordance with the first subparagraph of Article 48(3) TEU, the European Council has consulted Parliament as to whether the proposed amendments should be examined.

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

The resolution notes that the Czech Senate, in its Resolution 330 of 6 October 2011, opposed the application to the Czech Republic of Protocol No 30 on the ground that it would lower standards of protection of fundamental rights and freedoms afforded to Czech citizens. In addition, it expressed doubts as to the willingness of the Czech Parliament to complete the 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.

In conclusion, Parliament invites the European Council not to examine the proposed amendment of the Treaties .

Documents

T7-0209/2013

2013/05/22

EP - Results of vote in Parliament

Documents

Results of vote in Parliament

2013/05/22

EP - Decision by Parliament

2013/05/20

EP - Debate in Parliament

Documents

Debate in Parliament

2013/05/16

EP - Committee report tabled for plenary, 1st reading/single reading

Details

The Committee on Constitutional Affairs adopted the report by Andrew DUFF (ADLE, UK) on the draft protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic (Article 48(3) of the Treaty on European Union).

The motion for resolution recalls that the Heads of State or Government, meeting within the European Council on 29 to 30 October 2009, agreed that they would, at the time of the conclusion of the next accession treaty and in accordance with their respective constitutional requirements, attach to the Treaties a Protocol concerning the application of the Charter to the Czech Republic.

The draft Protocol seeks to join the Czech Republic to the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom.

In accordance with the first subparagraph of Article 48(3) TEU, the European Council has consulted Parliament as to whether the proposed amendments should be examined.

The committee recalls that Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes that are proposed, irrespective of their significance, but it is in no way bound to agree with the European Council. It acknowledges its consultation by the European Council on the examination of the proposed amendment of the Treaties.

Documents

A7-0174/2013

2013/02/19

EP - Vote in committee

2013/01/17

EP - Amendments tabled in committee

Documents

PE504.080

2012/12/11

EP - Committee draft report

Documents

PE474.039

2012/10/09

EP - Vote in committee

2012/06/14

EP - Amendments tabled in committee

Documents

PE491.310

2012/05/04

EC - Document attached to the procedure

Details

The Commission has delivered a favourable opinion on a draft European Council decision in favour of examining the proposed amendment of the Treaties concerning the addition of a Protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic.

Documents

COM(2012)0197
EUR-Lex

2012/01/26

EP - Vote in committee

2012/01/04

EP - Amendments tabled in committee

Documents

PE478.545

2011/11/15

EP - Committee referral announced in Parliament

2011/10/25

EUCO - Legislative proposal

Details

PURPOSE: to apply the Protocol on the application of the Charter of Fundamental Rights of the EU to Poland and to the United Kingdom to the Czech Republic.

PROPOSED ACT: Draft Protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic.

CONTENT: the Heads of State or Government, meeting within the European Council on 29 and 30 October 2009, agreed that they would, at the time of the conclusion of the next Accession Treaty and in accordance with their respective constitutional requirements, attach to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol concerning the application of the Charter of Fundamental Rights of the European Union to the Czech Republic.

The draft Protocol stipulates that the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom shall apply to the Czech Republic.

The draft under examination accepts the decision of the Heads of State or Government.

Documents

00091/2011

2011/10/24

EC - Legislative proposal published

Details

PURPOSE: to apply the Protocol on the application of the Charter of Fundamental Rights of the EU to Poland and to the United Kingdom to the Czech Republic.

PROPOSED ACT: Draft Protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic.

The draft Protocol stipulates that the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom shall apply to the Czech Republic.

The draft under examination accepts the decision of the Heads of State or Government.

Documents

00091/2011

2011/10/05

EP - DUFF Andrew (ALDE) appointed as rapporteur in AFCO

Documents

Text adopted by Parliament, 1st reading/single reading: T7-0209/2013
Results of vote in Parliament: Results of vote in Parliament
Debate in Parliament: Debate in Parliament
Committee report tabled for plenary, 1st reading/single reading: A7-0174/2013
Amendments tabled in committee: PE504.080
Committee draft report: PE474.039
Amendments tabled in committee: PE491.310
Document attached to the procedure: COM(2012)0197
Document attached to the procedure: EUR-Lex
Amendments tabled in committee: PE478.545
Legislative proposal: 00091/2011
Legislative proposal published: 00091/2011
Legislative proposal: 00091/2011
Amendments tabled in committee: PE478.545
Document attached to the procedure: COM(2012)0197 EUR-Lex
Amendments tabled in committee: PE491.310
Committee draft report: PE474.039
Amendments tabled in committee: PE504.080
Text adopted by Parliament, 1st reading/single reading: T7-0209/2013

Amendments	Dossier
50	2011/0817(NLE) 2012/01/04 AFCO 4 amendments... Amendment 1 # Morten MESSERSCHMIDT Motion for a resolution Recital G a (new) Ga. whereas it is necessary to respect the conditions under which Member States have acceded to the Treaty of Lisbon, Amendment 2 # Íñigo MÉNDEZ DE VIGO Motion for a resolution Recital M ~~M. the political situation may sometimes evolve to supersede earlier political understandings between governments,~~deleted Amendment 3 # Íñigo MÉNDEZ DE VIGO 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 attach 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; Amendment 4 # Zuzana BRZOBOHATÁ Motion for a resolution Paragraph 1 a (new) 1a. If the European Council decides to examine the proposed amendment, recommends that the Czech Republic commence ratification; source: PE-478.545 2012/06/14 AFCO 32 amendments... Amendment 1 # Morten MESSERSCHMIDT 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,~~ Amendment 10 # Morten MESSERSCHMIDT 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 level of rights protection,~~ Amendment 11 # Zita GURMAI Motion for a resolution Recital K K. an important function of the Charter is to increase the prominence of fundamental rights at the level of the European Union and to make them more visible, but Protocol No 30 gives rise to ~~legal~~ misuncdersta~~inty and political confusion~~ndings, thereby undermining the efforts ~~of the Union to reach and maintain a uniformly~~to ensure a high level of rights protection at the level of the Union, Amendment 12 # Rafał TRZASKOWSKI 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 level of rights protection~~and according to the Commission opinion of 4 May 20121 the purpose of Protocol No 30 is to clarify the application of the Charter in relation to the laws and administrative action of Poland and the United Kingdom and of its justiciability within those Member States, Amendment 13 # 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 Amendment 14 # Morten MESSERSCHMIDT 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 Amendment 15 # Zita GURMAI Motion for a resolution Recital L L. if Protocol No 30 were ~~ever~~, in a limited number of cases, to be interpreted as limiting the scope ~~or force~~ of the provisions of the Charter, the only 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, Amendment 16 # Gerald HÄFNER Motion for a resolution Recital L a (new) La. Parliament attaches paramount importance to upholding the principle of equality before the law, as enshrined in Article 20 of the Charter, especially where it concerns the protection of fundamental rights, Amendment 17 # 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 Amendment 18 # Morten MESSERSCHMIDT 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 Amendment 19 # Morten MESSERSCHMIDT Motion for a resolution Recital N ~~N. 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,~~deleted Amendment 2 # 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 Amendment 20 # 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 Amendment 21 # 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 Amendment 22 # 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 Amendment 23 # Morten MESSERSCHMIDT Motion for a resolution Recital Q Q. ~~major doubts exist as to whether there is a majority in the Czech Parliament to ensure ratificat~~the internal Czech political discussion ofn the ~~new protocol aimed at extending the application of Protocol No 30 to the Czech Republic~~matter is not an issue for the Union institutions to judge upon, Amendment 24 # Rafał TRZASKOWSKI 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; hence, it would be appropriate to wait until these doubts are resolved, Amendment 25 # 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 Amendment 26 # Gerald HÄFNER Motion for a resolution Recital S a (new) Sa. Parliament would encourage Member States not to start ratification procedures until the Czech Republic has completed its ratification procedure, Amendment 27 # 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 Amendment 28 # 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,~~ Amendment 29 # 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; Amendment 3 # Morten MESSERSCHMIDT Motion for a resolution Recital G G. it should be emphasised that, 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, Amendment 30 # Rafał TRZASKOWSKI 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; Amendment 31 # Morten MESSERSCHMIDT Motion for a resolution Paragraph 1 1. Calls on the European Council to decide ~~not~~ to examine the proposed amendment of the Treaties; Amendment 32 # Zita GURMAI Motion for a resolution Paragraph 1 1. Calls on the European Council to decide ~~not~~ to examine the proposed amendment of the Treaties in the light of the considerations expressed above; Amendment 4 # 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 Amendment 5 # 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 Amendment 6 # 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 Amendment 7 # Morten MESSERSCHMIDT 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 Amendment 8 # Rafał TRZASKOWSKI 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 States1, Amendment 9 # 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 source: PE-491.310 2013/01/17 AFCO 14 amendments... Amendment 1 # 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 Amendment 10 # 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 Amendment 11 # 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 Amendment 12 # 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,~~ Amendment 13 # 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 Amendment 14 # 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; Amendment 2 # 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 Amendment 3 # 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 Amendment 4 # 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 Amendment 5 # 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 Amendment 6 # 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 Amendment 7 # 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 Amendment 8 # 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 Amendment 9 # 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 source: PE-504.080

Amendments

Dossier

2011/0817(NLE)

2012/01/04 AFCO 4 amendments...

source: PE-478.545

2012/06/14 AFCO 32 amendments...

Amendment 1 #

Morten MESSERSCHMIDT

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,~~

Amendment 10 #

Morten MESSERSCHMIDT

Motion for a resolution
Recital K

Amendment 11 #

Zita GURMAI

Motion for a resolution
Recital K

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

Amendment 12 #

Rafał TRZASKOWSKI

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 level of rights protection~~and according to the Commission opinion of 4 May 20121 the purpose of Protocol No 30 is to clarify the application of the Charter in relation to the laws and administrative action of Poland and the United Kingdom and of its justiciability within those Member States,

Amendment 13 #

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

Amendment 14 #

Morten MESSERSCHMIDT

Motion for a resolution
Recital L

Amendment 15 #

Zita GURMAI

Motion for a resolution
Recital L

L. if Protocol No 30 were ~~ever~~, in a limited number of cases, to be interpreted as limiting the scope ~~or force~~ of the provisions of the Charter, the only 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,

Amendment 16 #

Gerald HÄFNER

Motion for a resolution
Recital L a (new)

La. Parliament attaches paramount importance to upholding the principle of equality before the law, as enshrined in Article 20 of the Charter, especially where it concerns the protection of fundamental rights,

Amendment 17 #

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

Amendment 18 #

Morten MESSERSCHMIDT

Motion for a resolution
Recital M

Amendment 19 #

Morten MESSERSCHMIDT

Motion for a resolution
Recital N

~~N. 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,~~deleted

Amendment 2 #

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

Amendment 20 #

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

Amendment 21 #

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

Amendment 22 #

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

Amendment 23 #

Morten MESSERSCHMIDT

Motion for a resolution
Recital Q

Q. ~~major doubts exist as to whether there is a majority in the Czech Parliament to ensure ratificat~~the internal Czech political discussion ofn the ~~new protocol aimed at extending the application of Protocol No 30 to the Czech Republic~~matter is not an issue for the Union institutions to judge upon,

Amendment 24 #

Rafał TRZASKOWSKI

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; hence, it would be appropriate to wait until these doubts are resolved,

Amendment 25 #

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

Amendment 26 #

Gerald HÄFNER

Motion for a resolution
Recital S a (new)

Sa. Parliament would encourage Member States not to start ratification procedures until the Czech Republic has completed its ratification procedure,

Amendment 27 #

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

Amendment 28 #

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,~~

Amendment 29 #

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;

Amendment 3 #

Morten MESSERSCHMIDT

Motion for a resolution
Recital G

G. it should be emphasised that, 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,

Amendment 30 #

Rafał TRZASKOWSKI

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;

Amendment 31 #

Morten MESSERSCHMIDT

Motion for a resolution
Paragraph 1

1. Calls on the European Council to decide ~~not~~ to examine the proposed amendment of the Treaties;

Amendment 32 #

Zita GURMAI

Motion for a resolution
Paragraph 1

1. Calls on the European Council to decide ~~not~~ to examine the proposed amendment of the Treaties in the light of the considerations expressed above;

Amendment 4 #

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

Amendment 5 #

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

Amendment 6 #

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

Amendment 7 #

Morten MESSERSCHMIDT

Motion for a resolution
Recital J

Amendment 8 #

Rafał TRZASKOWSKI

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 States1,

Amendment 9 #

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

paragraph 120.

source: PE-491.310

2013/01/17 AFCO 14 amendments...

Amendment 1 #

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

Amendment 10 #

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

Amendment 11 #

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

Amendment 12 #

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,~~

Amendment 13 #

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

Amendment 14 #

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;

Amendment 2 #

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

Amendment 3 #

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

Amendment 4 #

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital I

Amendment 5 #

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

Amendment 6 #

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

Amendment 7 #

Ashley FOX, Jan ZAHRADIL, Edvard KOŽUŠNÍK, Andrea ČEŠKOVÁ

Motion for a resolution
Recital L

Amendment 8 #

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

Amendment 9 #

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

source: PE-504.080

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (3) Changes | Timetravel

docs/0	date 2011-10-25T00:00:00 docs title: 00091/2011 summary PURPOSE: to apply the Protocol on the application of the Charter of Fundamental Rights of the EU to Poland and to the United Kingdom to the Czech Republic. PROPOSED ACT: Draft Protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic. CONTENT: the Heads of State or Government, meeting within the European Council on 29 and 30 October 2009, agreed that they would, at the time of the conclusion of the next Accession Treaty and in accordance with their respective constitutional requirements, attach to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol concerning the application of the Charter of Fundamental Rights of the European Union to the Czech Republic. The draft Protocol stipulates that the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom shall apply to the Czech Republic. The draft under examination accepts the decision of the Heads of State or Government. type Legislative proposal body EUCO
events/0/date	Old 2011-10-25T00:00:00 New 2011-10-24T00:00:00
events/6/docs	url: https://www.europarl.europa.eu/doceo/document/CRE-7-2013-05-20-TOC_EN.html title: Debate in Parliament

2021-12-18Show (13) Changes | Timetravel

committees/0/shadows/4	name SØNDERGAARD Søren Bo group European United Left - Nordic Green Left abbr GUE/NGL
docs/0/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE478.545 New https://www.europarl.europa.eu/doceo/document/AFCO-AM-478545_EN.html
docs/2/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.310 New https://www.europarl.europa.eu/doceo/document/AFCO-AM-491310_EN.html
docs/3/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE474.039 New https://www.europarl.europa.eu/doceo/document/AFCO-PR-474039_EN.html
docs/4/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE504.080 New https://www.europarl.europa.eu/doceo/document/AFCO-AM-504080_EN.html
docs/5/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/TA-7-2013-0209_EN.html New https://www.europarl.europa.eu/doceo/document/TA-7-2013-0209_EN.html
events/1/type	Old Committee referral announced in Parliament, 1st reading/single reading New Committee referral announced in Parliament
events/2/type	Old Vote in committee, 1st reading/single reading New Vote in committee
events/3/type	Old Vote in committee, 1st reading/single reading New Vote in committee
events/4/type	Old Vote in committee, 1st reading/single reading New Vote in committee
events/5/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/A-7-2013-0174_EN.html New https://www.europarl.europa.eu/doceo/document/A-7-2013-0174_EN.html
events/6/docs	url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130520&type=CRE title: Debate in Parliament
events/8/type	Old Decision by Parliament, 1st reading/single reading New Decision by Parliament

2020-01-19Show (4) Changes | Timetravel

committees/0	type Responsible Committee body EP associated False committee_full Constitutional Affairs committee AFCO rapporteur name: DUFF Andrew date: 2011-10-05T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE shadows name: SCHÖPFLIN György group: European People's Party (Christian Democrats) abbr: PPE name: BRZOBOHATÁ Zuzana group: Progressive Alliance of Socialists and Democrats abbr: S&D name: HÄFNER Gerald group: Greens/European Free Alliance abbr: Verts/ALE name: FOX Ashley group: European Conservatives and Reformists abbr: ECR name: SØNDERGAARD Søren Bo group: European United Left - Nordic Green Left abbr: GUE/NGL name: MESSERSCHMIDT Morten group: Europe of Freedom and Democracy abbr: EFD
committees/0	type Responsible Committee body EP associated False committee_full Constitutional Affairs committee AFCO date 2011-10-05T00:00:00 rapporteur name: DUFF Andrew group: Alliance of Liberals and Democrats for Europe abbr: ALDE shadows name: SCHÖPFLIN György group: European People's Party (Christian Democrats) abbr: PPE name: BRZOBOHATÁ Zuzana group: Progressive Alliance of Socialists and Democrats abbr: S&D name: HÄFNER Gerald group: Greens/European Free Alliance abbr: Verts/ALE name: FOX Ashley group: European Conservatives and Reformists abbr: ECR name: SØNDERGAARD Søren Bo group: European United Left - Nordic Green Left abbr: GUE/NGL name: MESSERSCHMIDT Morten group: Europe of Freedom and Democracy abbr: EFD
docs/5/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-209 New http://www.europarl.europa.eu/doceo/document/TA-7-2013-0209_EN.html
events/5/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-174&language=EN New http://www.europarl.europa.eu/doceo/document/A-7-2013-0174_EN.html

2019-07-06Show (15) Changes | Timetravel

activities	date: 2011-10-25T00:00:00 docs: type: Legislative proposal published title: 00091/2011 body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: REDING Viviane type: Legislative proposal published date: 2011-11-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2012-01-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2012-10-09T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2013-02-19T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-174&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0174/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2013-05-16T00:00:00 date: 2013-05-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130520&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2013-05-22T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22938&l=en type: Results of vote in Parliament title: Results of vote in Parliament body: EP type: Results of vote in Parliament date: 2014-05-13T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3313
commission	body: EC dg: Migration and Home Affairs commissioner: REDING Viviane
committees/0	type Responsible Committee body EP associated False committee_full Constitutional Affairs committee AFCO date 2011-10-05T00:00:00 rapporteur name: DUFF Andrew group: Alliance of Liberals and Democrats for Europe abbr: ALDE shadows name: SCHÖPFLIN György group: European People's Party (Christian Democrats) abbr: PPE name: BRZOBOHATÁ Zuzana group: Progressive Alliance of Socialists and Democrats abbr: S&D name: HÄFNER Gerald group: Greens/European Free Alliance abbr: Verts/ALE name: FOX Ashley group: European Conservatives and Reformists abbr: ECR name: SØNDERGAARD Søren Bo group: European United Left - Nordic Green Left abbr: GUE/NGL name: MESSERSCHMIDT Morten group: Europe of Freedom and Democracy abbr: EFD
committees/0	body EP shadows group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible True committee AFCO date 2011-10-05T00:00:00 committee_full Constitutional Affairs rapporteur group: ALDE name: DUFF Andrew
committees/1	type Committee Opinion body EP associated False committee_full Civil Liberties, Justice and Home Affairs committee LIBE opinion False
committees/1	body EP responsible False committee_full Civil Liberties, Justice and Home Affairs committee LIBE
council	body: CSL type: Council Meeting council: General Affairs meeting_id: 3313 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3313*&MEET_DATE=13/05/2014 date: 2014-05-13T00:00:00
docs	date: 2012-01-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE478.545 title: PE478.545 type: Amendments tabled in committee body: EP date: 2012-05-04T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0197/COM_COM(2012)0197_EN.doc title: COM(2012)0197 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=197 title: EUR-Lex summary: The Commission has delivered a favourable opinion on a draft European Council decision in favour of examining the proposed amendment of the Treaties concerning the addition of a Protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic. type: Document attached to the procedure body: EC date: 2012-06-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.310 title: PE491.310 type: Amendments tabled in committee body: EP date: 2012-12-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE474.039 title: PE474.039 type: Committee draft report body: EP date: 2013-01-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE504.080 title: PE504.080 type: Amendments tabled in committee body: EP date: 2013-05-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-209 title: T7-0209/2013 summary: The European Parliament adopted by 574 votes to 82, with 24 abstentions, a resolution on the draft protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic (Article 48(3) of the Treaty on European Union). Parliament recalls that the Heads of State or Government, meeting within the European Council on 29 to 30 October 2009, agreed that they would, at the time of the conclusion of the next accession treaty and in accordance with their respective constitutional requirements, attach to the Treaties a Protocol concerning the application of the Charter to the Czech Republic. The draft Protocol seeks to join the Czech Republic to the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom. On 5 September 2011, the Czech Government submitted to the Council a proposal, in accordance with Article 48(2) TEU, for the amendment of the Treaties to add a Protocol concerning the application of the Charter to the Czech Republic. On 11 October 2011, the Council submitted to the European Council a proposal for the amendment of the Treaties concerning the addition of a Protocol on the application of the Charter to the Czech Republic. In accordance with the first subparagraph of Article 48(3) TEU, the European Council has consulted Parliament as to whether the proposed amendments should be examined. Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes that are proposed, irrespective of their significance, but it is in no way bound to agree with the European Council. The resolution notes that the Czech Senate, in its Resolution 330 of 6 October 2011, opposed the application to the Czech Republic of Protocol No 30 on the ground that it would lower standards of protection of fundamental rights and freedoms afforded to Czech citizens. In addition, it expressed doubts as to the willingness of the Czech Parliament to complete the 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. In conclusion, Parliament invites the European Council not to examine the proposed amendment of the Treaties . type: Text adopted by Parliament, 1st reading/single reading body: EP
events	date: 2011-10-25T00:00:00 type: Legislative proposal published body: EC docs: title: 00091/2011 summary: PURPOSE: to apply the Protocol on the application of the Charter of Fundamental Rights of the EU to Poland and to the United Kingdom to the Czech Republic. PROPOSED ACT: Draft Protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic. CONTENT: the Heads of State or Government, meeting within the European Council on 29 and 30 October 2009, agreed that they would, at the time of the conclusion of the next Accession Treaty and in accordance with their respective constitutional requirements, attach to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol concerning the application of the Charter of Fundamental Rights of the European Union to the Czech Republic. The draft Protocol stipulates that the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom shall apply to the Czech Republic. The draft under examination accepts the decision of the Heads of State or Government. date: 2011-11-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP date: 2012-01-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP date: 2012-10-09T00:00:00 type: Vote in committee, 1st reading/single reading body: EP date: 2013-02-19T00:00:00 type: Vote in committee, 1st reading/single reading body: EP date: 2013-05-16T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-174&language=EN title: A7-0174/2013 summary: The Committee on Constitutional Affairs adopted the report by Andrew DUFF (ADLE, UK) on the draft protocol on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic (Article 48(3) of the Treaty on European Union). The motion for resolution recalls that the Heads of State or Government, meeting within the European Council on 29 to 30 October 2009, agreed that they would, at the time of the conclusion of the next accession treaty and in accordance with their respective constitutional requirements, attach to the Treaties a Protocol concerning the application of the Charter to the Czech Republic. The draft Protocol seeks to join the Czech Republic to the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom. On 5 September 2011, the Czech Government submitted to the Council a proposal, in accordance with Article 48(2) TEU, for the amendment of the Treaties to add a Protocol concerning the application of the Charter to the Czech Republic. On 11 October 2011, the Council submitted to the European Council a proposal for the amendment of the Treaties concerning the addition of a Protocol on the application of the Charter to the Czech Republic. In accordance with the first subparagraph of Article 48(3) TEU, the European Council has consulted Parliament as to whether the proposed amendments should be examined. The committee recalls that Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes that are proposed, irrespective of their significance, but it is in no way bound to agree with the European Council. It acknowledges its consultation by the European Council on the examination of the proposed amendment of the Treaties. date: 2013-05-20T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130520&type=CRE title: Debate in Parliament date: 2013-05-22T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=22938&l=en title: Results of vote in Parliament date: 2013-05-22T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP
links
other	body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs commissioner: REDING Viviane
procedure/dossier_of_the_committee	Old AFCO/7/07564 New AFCO/7/07564
procedure/geographical_area/0	Czechia
procedure/geographical_area/0	Czech Republic
procedure/subject	Old 1.10 Fundamental rights in the EU, Charter 8.10 Revision of the Treaties, intergovernmental conferences New 1.10 Fundamental rights in the EU, Charter 8.10 Revision of the Treaties, intergovernmental conferences

2015-11-04Show (4) Changes | Timetravel

activities/0/commission/0/DG/title	Old Home Affairs New Migration and Home Affairs
other/0/dg/title	Old Home Affairs New Migration and Home Affairs
procedure/subject/0	Old 1.10 Fundamental rights in the Union, Charter New 1.10 Fundamental rights in the EU, Charter
procedure/title	Old Application of the Charter of Fundamental Rights of the European Union to the Czech Republic. Protocol (amend.) New Application of the Charter of Fundamental Rights of the European Union to the Czech Republic. Protocol

2014-11-09Show (5) Changes

activities	date: 2011-10-25T00:00:00 docs: type: Legislative proposal published title: 00091/2011 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs Commissioner: REDING Viviane date: 2011-11-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2012-01-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2012-10-09T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2013-02-19T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-174&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0174/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2013-05-16T00:00:00 date: 2013-05-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130520&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2013-05-22T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22938&l=en type: Results of vote in Parliament title: Results of vote in Parliament body: EP type: Results of vote in Parliament date: 2014-05-13T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3313
committees	body: EP shadows: group: PPE name: SCHÖPFLIN György group: S&D name: BRZOBOHATÁ Zuzana group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-10-05T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: DUFF Andrew body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other	body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs commissioner: REDING Viviane
procedure	dossier_of_the_committee AFCO/7/07564 reference 2011/0817(NLE) title Application of the Charter of Fundamental Rights of the European Union to the Czech Republic. Protocol (amend.) geographical_area Czech Republic stage_reached Procedure lapsed or withdrawn subtype Consultation of Parliament type NLE - Non-legislative enactments subject 1.10 Fundamental rights in the Union, Charter 8.10 Revision of the Treaties, intergovernmental conferences

Progress: Procedure lapsed or withdrawn

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AFCO/7/07564

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