Changes from report parliamentary committee draft to plenary report

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

Changedon the situation of fundamental rights in the EUEuropean inUnion – annual report 2022 and 2023

▸7 unchanged paragraphs

(2023/2028(INI))

The European Parliament,

– having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),

– having regard to the Charter of Fundamental Rights of the European Union (‘the Charter’),

– having regard to the case-law of the Court of Justice of the European Union,

– having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Rule of Law Conditionality Regulation),

– having regard to Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014,

Changed– having regard to Council Regulation (EU) 2017/1939-2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Prosecutor’s Office (‘the EPPO’),

Changed– having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural person with regard to the processing of personal data and on the free movement of such data, and repealing directiveDirective 95/46/EC (General Data Protection Regulation),

Changed– having regard to the Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law,

– having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law,

Added– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and to the ongoing infringement proceedings launched by the Commission based on this Directive against several Member States, out of which one has been referred by the Commission to the Court of Justice,

Added– having regard to the Council Recommendation of 12 March 2021 on Roma equality, inclusion and participation (2021/C 93/01),

Added– having regard to the Commission communication of 9 January 2023 entitled ‘Assessment report of the Member States’ national Roma strategic frameworks’ (COM(2023)007),

▸6 unchanged paragraphs

– having regard to Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union,

– having regard to the Commission communication of 9 December 2021 entitled ‘A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’ (COM(2021)0777),

– having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

– having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights 2020-2025’ (COM(2020)0258),

– having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698),

– having regard to the Council conclusions of 2 March 2022 on combating racism and antisemitism,

Changed– having regard to the Commission communication of 2 December 2020 entitled’Strategyentitled ‘Strategy to strengthen the application of the Charter of Fundamental Rights in the EU’ (COM(2020)0711),

– having regard to the Commission report of 6 December 2022 entitled ‘A thriving civic space for upholding fundamental rights in the EU – 2022 Annual Report on the Application of the EU Charter of Fundamental Rights’ (COM(2022)0716),

Removed– having regard to the Commission communication of 13 July 2022 entitled ‘2022 Rule of Law Report – The rule of law situation in the European Union’ (COM(2022)0500),

Added– having regard to Commission Recommendation (EU) 2023/681 of 8 December 2022 on procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions,

Removed– having regard to the Commission Recommendation (EU) 2023/681 of 8 December 2022 on procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions,

Added– having regard to the Commission communication of 5 July 2023 entitled ‘2023 Rule of Law Report – The rule of law situation in the European Union’ (COM(2023)0800), the 27 country chapters and its accompanying recommendations to the Member States,

Removed– having regard to the proposal for a directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) (COM(2022)0177) (‘the anti-SLAPP directive’),

Added– having regard to the European Pillar of Social Rights, including its third principle on equal opportunities, and to the Commission communication of 4 March 2021 entitled ‘The European Pillar of Social Rights Action Plan’ (COM(2021)0102),

Removed– having regard to the proposal for a Council directive of 7 December 2022 on on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and deleting Article 13 of Directive 2000/43/EC and Article 12 of Directive 2004/113/EC (COM(2022)0689)’,

Added– having regard to the Commission proposal for a directive of the European Parliament and of the Council of 27 April 2022 on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) (COM(2022)0177) (‘the anti-SLAPP directive’), and its accompanying recommendation,

Changed– having regard to the Commission proposal for a directiveregulation of the European Parliament and of the Council of 16 September 2022 on standardsestablishing a common framework for equalitymedia bodiesservices in the fieldinternal ofmarket equal(European treatmentMedia andFreedom equalAct) opportunitiesand betweenamending womenDirective and2010/13/EU men(COM(2022)0457) in(‘the mattersMedia ofFreedom employmentAct’), and occupation,its andaccompanying deletingrecommendation Articleon 20internal ofsafeguards Directivefor 2006/54/ECeditorial independence and Articleownership 11transparency ofin Directivethe 2010/41/EUmedia (COM(2022)0688),sector,

Removed– having regard to the reports of the EU Agency for Fundamental Rights (FRA), in particular its fundamental rights reports for the year 2022,

Added– having regard to the Commission proposal for a Council directive of 7 December 2022 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and deleting Article 13 of Directive 2000/43/EC and Article 12 of Directive 2004/113/EC (COM(2022)0689),

Added– having regard to the Commission proposal for a Council regulation of 7 December 2022 on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (COM(2022)0695),

Added– having regard to the Commission proposal for a directive of the European Parliament and of the Council of 7 December 2022 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU (COM(2022)0688),

Added– having regard to the reports of the EU Agency for Fundamental Rights (FRA), in particular its fundamental rights reports for the years 2022 and 2023, including FRANET country reports,

– having regard to the Universal Declaration of Human Rights,

Changed– having regard to the UN instruments on the protection of human rights and fundamental freedoms, including the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities, the recommendations and reports of the UN Universal Periodic Review, the case-law of the UN treatyTreaty bodiesBodies and the special procedures of the Human Rights Council,

Removed– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence, which opened for signature in Istanbul on 11 May 2011 (‘Istanbul Convention’),

Added– having regard to the UN 2030 Agenda for Sustainable Development,

Removed– having regard to the Council of Europe report of 23 March 2023 entitled ‘Human Rights Defenders in the Council of Europe Area in Times of Crises’ following the round-table with human rights organised by the Office of the Council of Europe Commissioner for Human Rights held in Dublin on 24 - 25 October 2022,

Added– having regard to the European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR),

Changed– having regard to the DraftCouncil revisedof AgreementEurope Convention on thepreventing Accessionand ofcombating theviolence Europeanagainst Unionwomen toand thedomestic Conventionviolence, which was opened for thesignature Protectionin ofIstanbul Humanon Rights11 May 2011 (‘the Istanbul Convention’) and Fundamentalwas Freedomratified ofby 17the MarchEuropean Union on 28 June 2023,

Added– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities and other bodies of the Organization for Security and Co-operation in Europe (OSCE),

Added– having regard to the Council of Europe report of 23 March 2023 entitled ‘Human Rights Defenders in the Council of Europe Area in Times of Crises’ following the round-table with human rights defenders organised by the Office of the Council of Europe Commissioner for Human Rights, held in Dublin on 24-25 October 2022,

Added– having regard to the Council of Europe Framework Convention for the Protection of National Minorities and to the European Charter for Regional or Minority Languages,

Added– having regard to the European Social Charter of the Council of Europe,

Added– having regard to the statements, recommendations and reports of the Council of Europe Commissioner for Human Rights,

Added– having regard to the recommendations and reports of the Council of Europe, in particular of the Venice Commission, the European Commission against Racism and Intolerance (ECRI), GREVIO and GRECO,

Added– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU,

Added– having regard to its resolution of 15 January 2019 on gender equality and taxation policies in the EU,

– having regard to its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society,

– having regard to its resolution of 15 December 2021 on the evaluation of preventive measures for avoiding corruption, irregular spending and misuse of EU and national funds in case of emergency funds and crisis-related spending areas,

Changed– having regard to its resolution of 17 February 2022 with recommendations to the Commission on a statute for European cross-border associations and non- profitnon-profit organisations,

– having regard to its resolution of 8 March 2022 on the shrinking space for civil society in Europe,

– having regard to its resolution of 10 March 2022 on the rule of law and the consequences of the ECJ ruling,

Removed– having regard to its decision of 10 March 2022 on setting up a committee of inquiry to investigate the use of the Pegasus and equivalent surveillance spyware, and defining the subject of the inquiry, as well as the responsibilities, numerical strength and term of office of the committee (2022/2586),

– having regard to its resolution of 9 June 2022 on the rule of law and the potential approval of the Polish national recovery plan (RRF),