natgillin/translations-raw huggingface dataset:
47. tvrdí, že pokud jde o ustanovení článku 6 a článku 7 Smlouvy o EU, měla by mít Agentura poradní a konzultační roli a měla by podporovat činnost Parlamentu a Rady a využívat informace, poznatky a odborné znalosti získané ze svých sítí;
Maintains that the Agency should be endowed with an advisory and consultative role regarding the provisions of Article 6 and Article 7 of the TEU, supporting the action of the Parliament and the Council and using the information, knowledge and expertise gathered from its networks;
50. zastává názor, že výše uvedené konkrétní kroky by měly zahrnovat školení pořádaná Agenturou pro subjekty působící v oblasti lidských práv v Evropě, pro zástupce občanské společnosti i profesní organizace;
Takes the view that these concrete steps should include training measures organised by the Agency for those working in the field of human rights in Europe, whether representatives of civil society or professional organisations;
The EU context
The EU context
In order to understand what the protection of fundamental rights within the European Union (EU) involves today, it is necessary to first decide whether a future agency dealing with the issue should be regarded as an aim or a tool in the process.
In order to understand what the protection of fundamental rights within the European Union (EU) involves today, it is necessary to first decide whether a future agency dealing with the issue should be regarded as an aim or a tool in the process.
Although, in this regard, the European Commission Communication explicitly specifies the aim of creating a Fundamental Rights Agency, the European Parliament should concentrate on undertaking an analysis of the situation to be brought about after the ratification of the Constitutional Treaty; paying special attention to the issue of protecting and promoting fundamental rights.
Although, in this regard, the European Commission Communication explicitly specifies the aim of creating a Fundamental Rights Agency, the European Parliament should concentrate on undertaking an analysis of the situation to be brought about after the ratification of the Constitutional Treaty; paying special attention to the issue of protecting and promoting fundamental rights.
As this “new legal order” may give another focus to the mission of the European Union, it is essential to examine the consequences of this shift with emphasis, an apparent process of evolution from an economic union to a political community.
As this “new legal order” may give another focus to the mission of the European Union, it is essential to examine the consequences of this shift with emphasis, an apparent process of evolution from an economic union to a political community.
The promotion of fundamental rights requires a structured approach to this new context; a clear political will on its whereabouts needs yet to be expressed.
The promotion of fundamental rights requires a structured approach to this new context; a clear political will on its whereabouts needs yet to be expressed.
This task will possibly be taken over by the Commission, within the framework of the Group of Commissioners dealing with Fundamental Rights, Anti-Discrimination and Equal Opportunities, chaired by President Barroso.
This task will possibly be taken over by the Commission, within the framework of the Group of Commissioners dealing with Fundamental Rights, Anti-Discrimination and Equal Opportunities, chaired by President Barroso.
Nonetheless, it is of utmost importance that the European Council elaborates guidelines in this field as well.
Nonetheless, it is of utmost importance that the European Council elaborates guidelines in this field as well.
As modified by the Amsterdam Treaty which codified the ECJ jurisprudence since the C-29/69 « Stauder » of 12th November 1969 Rec.419)in C-11/70 “Internationale Handelsgesellshaft”, Rec.
As modified by the Amsterdam Treaty which codified the ECJ jurisprudence since the C-29/69 « Stauder » of 12th November 1969 Rec.419)in C-11/70 “Internationale Handelsgesellshaft”, Rec.
1125, C-4/73 “Nold” of 14 th May 1974, rec.
1125, C-4/73 “Nold” of 14 th May 1974, rec.
491, C-44/79 “Hauer” rec. p.3727 and C-5/88 “Wachhauf” of 13 th July 1989) .
491, C-44/79 “Hauer” rec. p.3727 and C-5/88 “Wachhauf” of 13 th July 1989) .
The problem was (and is) that the existing treaties lack a clear description of these rights as they only refer to the European Charter on Human Rights and Fundamental Freedoms (ECHR) and to the common constitutional traditions of the Member States.
The problem was (and is) that the existing treaties lack a clear description of these rights as they only refer to the European Charter on Human Rights and Fundamental Freedoms (ECHR) and to the common constitutional traditions of the Member States.
An increase in the 'visibility' of these rights was the mandate given by the European Council to the Convention, which drafted the Charter.
An increase in the 'visibility' of these rights was the mandate given by the European Council to the Convention, which drafted the Charter.
The objective of the second Convention which submitted the Constitution to the Intergovernmental Conference (IGC) was to make such a Charter binding.
The objective of the second Convention which submitted the Constitution to the Intergovernmental Conference (IGC) was to make such a Charter binding.
Now this objective has been reached and even if this exercise mainly aimed at making rights which were already part of the European Union “acquis” visible, such transparency will be an essential step forward in the relationship between the Union and its citizens, the EU judiciary and the legislature, the EU and its Member States, as well as the EU and the Council of Europe.
Now this objective has been reached and even if this exercise mainly aimed at making rights which were already part of the European Union “acquis” visible, such transparency will be an essential step forward in the relationship between the Union and its citizens, the EU judiciary and the legislature, the EU and its Member States, as well as the EU and the Council of Europe.
The Treaty of Amsterdam defined as an objective for the European Union the creation of an Area of Freedom, Security and Justice.
The Treaty of Amsterdam defined as an objective for the European Union the creation of an Area of Freedom, Security and Justice.
The Tampere European Council made this aim a priority of the political agenda.
The Tampere European Council made this aim a priority of the political agenda.
The new Financial Perspectives also reflect this central policy aim.
The new Financial Perspectives also reflect this central policy aim.
As a core component of reaching this aim, a balance must be ensured by simultaneously developing the three elements.
As a core component of reaching this aim, a balance must be ensured by simultaneously developing the three elements.
Further enhancement of mutual confidence among Member States is still needed.
Further enhancement of mutual confidence among Member States is still needed.
Above all, the protection and promotion of fundamental rights is an essential precondition to the establishment of the Area of Freedom, Security and Justice.
Above all, the protection and promotion of fundamental rights is an essential precondition to the establishment of the Area of Freedom, Security and Justice.
The Hague programme welcomed the results achieved in accomplishing the objectives of the Tampere European Council: the foundations of a common asylum and immigration policy being established, the harmonization of border controls prepared, police cooperation improved, the basis for judicial cooperation established.
The Hague programme welcomed the results achieved in accomplishing the objectives of the Tampere European Council: the foundations of a common asylum and immigration policy being established, the harmonization of border controls prepared, police cooperation improved, the basis for judicial cooperation established.
However, coordination and coherence between the external and internal dimensions of Union policies still has to be ensured.
However, coordination and coherence between the external and internal dimensions of Union policies still has to be ensured.
The existing Treaties provide the legal basis for action in this field and will continue to constitute a legal obligation, even if the Constitutional Treaty is not ratified.
The existing Treaties provide the legal basis for action in this field and will continue to constitute a legal obligation, even if the Constitutional Treaty is not ratified.
Although the Charter is not yet legally binding, it carries a powerful political impact.
Although the Charter is not yet legally binding, it carries a powerful political impact.
The incorporation of the Charter on Fundamental Rights into the Constitutional Treaty and the EU’s future accession to the European Charter on Human Rights and Fundamental Freedoms (ECHR) will in fact create a legal obligation for the Union to ensure that fundamental rights are actively promoted across all policy areas.
The incorporation of the Charter on Fundamental Rights into the Constitutional Treaty and the EU’s future accession to the European Charter on Human Rights and Fundamental Freedoms (ECHR) will in fact create a legal obligation for the Union to ensure that fundamental rights are actively promoted across all policy areas.
The role of national institutions
The role of national institutions
Empowering and integrating the existing national human rights institutions into the “network of networks” an Agency may be envisaged as a political tool to ensure the quality and coherence of the EU human rights policy.
Empowering and integrating the existing national human rights institutions into the “network of networks” an Agency may be envisaged as a political tool to ensure the quality and coherence of the EU human rights policy.
The national human rights institutions established in almost all Member States with the encouragement of the United Nations can be grouped into three categories: the human rights commissions, the ombudsmen and the specific institutions protecting the rights of a particular vulnerable group.
The national human rights institutions established in almost all Member States with the encouragement of the United Nations can be grouped into three categories: the human rights commissions, the ombudsmen and the specific institutions protecting the rights of a particular vulnerable group.
One of their functions is to systematically review governments' human rights policy to prevent shortcomings and to suggest improvements, since prevention is much easier than detecting problems and finding remedies.
One of their functions is to systematically review governments' human rights policy to prevent shortcomings and to suggest improvements, since prevention is much easier than detecting problems and finding remedies.
Their responsibility in raising awareness on human rights is also significant.
Their responsibility in raising awareness on human rights is also significant.
Identifying cases of maladministration and finding ways of redress is also among their duties, as well as acting as consultants or advisors to the legislative and the executive.
Identifying cases of maladministration and finding ways of redress is also among their duties, as well as acting as consultants or advisors to the legislative and the executive.
Their role is clearly complementary.
Their role is clearly complementary.
These national institutions focusing on the protection and promotion of human rights are neither judicial, nor law-making; they only have advisory authority.
These national institutions focusing on the protection and promotion of human rights are neither judicial, nor law-making; they only have advisory authority.
They see the creation of an Agency as an excellent opportunity to fill the gaps in the present system of protecting human rights within the EU.
They see the creation of an Agency as an excellent opportunity to fill the gaps in the present system of protecting human rights within the EU.
It is desirable that a more formalized link be established between these bodies and the Agency.
It is desirable that a more formalized link be established between these bodies and the Agency.
In this process it is essential to harmonize national assessment procedures.
In this process it is essential to harmonize national assessment procedures.
In the individual Member States, progress and regression have to be equally measured by the existing human rights standards.
In the individual Member States, progress and regression have to be equally measured by the existing human rights standards.
No quality compromise should be made with respect to the outcome of the work of the Agency.
No quality compromise should be made with respect to the outcome of the work of the Agency.
The Agency should develop mechanisms that help Member States achieve progress in developing national standards of action on human rights and fundamental freedoms on the basis of the Paris Principles.
The Agency should develop mechanisms that help Member States achieve progress in developing national standards of action on human rights and fundamental freedoms on the basis of the Paris Principles.
At a 1991 UN-sponsored meeting of representatives of national institutions held in Paris, a detailed set of principles on the status of national institutions was developed – these are commonly known as the Paris Principles.
At a 1991 UN-sponsored meeting of representatives of national institutions held in Paris, a detailed set of principles on the status of national institutions was developed – these are commonly known as the Paris Principles.
These principles, subsequently endorsed by the UN Commission on Human Rights (Resolution 1992/54 of 3 March 1992) and the UN General Assembly (Resolution 48/134 of 20 December 1993, annex) have become the foundation and reference point for the establishment and operation of national human rights institutions.
These principles, subsequently endorsed by the UN Commission on Human Rights (Resolution 1992/54 of 3 March 1992) and the UN General Assembly (Resolution 48/134 of 20 December 1993, annex) have become the foundation and reference point for the establishment and operation of national human rights institutions.
Cooperation with international bodies
Cooperation with international bodies
When looking for ways of enhancing the EU’s international cooperation in this sensitive field, the key words are coordinating initiatives and maximizing synergies.
When looking for ways of enhancing the EU’s international cooperation in this sensitive field, the key words are coordinating initiatives and maximizing synergies.
It is important that legal certainty and coherence is assured in fundamental rights protection all over Europe.
It is important that legal certainty and coherence is assured in fundamental rights protection all over Europe.
The European Union cannot afford not to take into account the Council of Europe (CoE) achievements in the field of human rights protection and promotion, where the EU lacks sufficient legal basis (the protection of national minorities is one of the best examples of such fields).
The European Union cannot afford not to take into account the Council of Europe (CoE) achievements in the field of human rights protection and promotion, where the EU lacks sufficient legal basis (the protection of national minorities is one of the best examples of such fields).
However, by no means should we allow for the setting of standards whose inconsistency creates confusion and therefore destroys the credibility of the basic standards.
However, by no means should we allow for the setting of standards whose inconsistency creates confusion and therefore destroys the credibility of the basic standards.
Exchange of information and data would clearly not be sufficient to ensure meaningful cooperation between the Agency and the Council of Europe.
Exchange of information and data would clearly not be sufficient to ensure meaningful cooperation between the Agency and the Council of Europe.
It is of utmost importance that a functional model of cooperation will be worked out that an institutionalized link is established between the two bodies.
It is of utmost importance that a functional model of cooperation will be worked out that an institutionalized link is established between the two bodies.
Apart from the Council of Europe, there are several other organizations active in the human rights field, such as the Organisation for Security and Cooperation in Europe (OSCE) and the specialized agencies of the United Nations.
Apart from the Council of Europe, there are several other organizations active in the human rights field, such as the Organisation for Security and Cooperation in Europe (OSCE) and the specialized agencies of the United Nations.
In designing the mandate of the Agency a new reference could be made to these institutions, and there should be a living and structured link developed with civil society as well.
In designing the mandate of the Agency a new reference could be made to these institutions, and there should be a living and structured link developed with civil society as well.
The Agency should be a crossroad, which facilitates contacts between the various stakeholders so that synergies are established.
The Agency should be a crossroad, which facilitates contacts between the various stakeholders so that synergies are established.
The Agency on Fundamental Rights
The Agency on Fundamental Rights
Taking as starting point the general context described above, some reflections will now be made on the future Agency on Fundamental Rights.
Taking as starting point the general context described above, some reflections will now be made on the future Agency on Fundamental Rights.
As there are three political objectives set in the strategy, there should be three main functions of this new community instrument:
As there are three political objectives set in the strategy, there should be three main functions of this new community instrument:
Promotion of fundamental rights
Promotion of fundamental rights
Protection of fundamental rights
Protection of fundamental rights
Raising awareness between the actors (EU institutions and citizens)
Raising awareness between the actors (EU institutions and citizens)
The Agency can be best envisaged as a “network of networks”, a specialized agency with horizontal competencies, applying different tools, utilizing all the relevant experience gathered on the various levels of the field of protecting human rights and fundamental freedoms.
The Agency can be best envisaged as a “network of networks”, a specialized agency with horizontal competencies, applying different tools, utilizing all the relevant experience gathered on the various levels of the field of protecting human rights and fundamental freedoms.
It should act as a focal point for synthesizing all this knowledge.
It should act as a focal point for synthesizing all this knowledge.
The Agency should be empowered to give consultancy, opinions, recommendations and do awareness raising through objective and adequate information given to the Commission, Parliament and Council, supporting all the three institutions.
The Agency should be empowered to give consultancy, opinions, recommendations and do awareness raising through objective and adequate information given to the Commission, Parliament and Council, supporting all the three institutions.
It is essential that the body remains independent, free from the influence of any stakeholders, genuinely autonomous (comprising notions such as independence, responsibility, authority).
It is essential that the body remains independent, free from the influence of any stakeholders, genuinely autonomous (comprising notions such as independence, responsibility, authority).
There are two main components in ensuring this independence: the Agency has to have a budget that allows for the accomplishments of its ambitious mandate and a management board that encompasses high-level representation from Member States and EU institutions.
There are two main components in ensuring this independence: the Agency has to have a budget that allows for the accomplishments of its ambitious mandate and a management board that encompasses high-level representation from Member States and EU institutions.
These two elements will establish the credibility of the Agency from the very start and provide it with enough authority to be useful and not to be a waste of money.
These two elements will establish the credibility of the Agency from the very start and provide it with enough authority to be useful and not to be a waste of money.
The budget and staffing has to be appropriate to the task.
The budget and staffing has to be appropriate to the task.
As for the dilemma of which rights need to be protected, it is of utmost importance that all rights in the Charter on Fundamental Rights and relevant provisions of the first part of the Constitutional Treaty are covered, but priorities could be established among them.
As for the dilemma of which rights need to be protected, it is of utmost importance that all rights in the Charter on Fundamental Rights and relevant provisions of the first part of the Constitutional Treaty are covered, but priorities could be established among them.
It is important to allow for some flexibility in setting the priorities: it would be counterproductive to fix them at the start, since the sensitivity of the field might require an occasional altering of focus.
It is important to allow for some flexibility in setting the priorities: it would be counterproductive to fix them at the start, since the sensitivity of the field might require an occasional altering of focus.
This can be done on the level of settling the work programme of the Agency, perhaps on an annual basis and priorities could be established both in terms of thematic focus and geographical scope.
This can be done on the level of settling the work programme of the Agency, perhaps on an annual basis and priorities could be established both in terms of thematic focus and geographical scope.
The latter should primarily concentrate on EU Member States, but also include the accession states, after the signature of the Accession Treaty.
The latter should primarily concentrate on EU Member States, but also include the accession states, after the signature of the Accession Treaty.
The Agency might be given competence in raising awareness on situations evoking Article 7 of TEU, since the relevant expertise will already be located there.
The Agency might be given competence in raising awareness on situations evoking Article 7 of TEU, since the relevant expertise will already be located there.
The expertise of the EUMC (European Monitoring Centre on Racism and Xenophobia) and its RAXEN Network
The expertise of the EUMC (European Monitoring Centre on Racism and Xenophobia) and its RAXEN Network
European Racism and Xenophobia Network, created in 2000 by the EUMC. should be used by maintaining the fight against racism and xenophobia as one of the areas of concern for the Agency.
European Racism and Xenophobia Network, created in 2000 by the EUMC. should be used by maintaining the fight against racism and xenophobia as one of the areas of concern for the Agency.
However, other focuses should be considered as well.
However, other focuses should be considered as well.
The protection of national minorities upon EU enlargement will constitute a significant issue, and their promotion cannot be assured exclusively through the fight against xenophobia.
The protection of national minorities upon EU enlargement will constitute a significant issue, and their promotion cannot be assured exclusively through the fight against xenophobia.