BETA

33 Amendments of Emil RADEV related to 2018/0136(COD)

Amendment 50 #
Proposal for a regulation
Recital 3 a (new)
(3 a) Respect for the rule of law is essential not only for citizens of the Union but also for entrepreneurship, innovation, investment and the smooth functioning of the internal market, which need a stable legal and institutional framework to realize their full potential and in order to achieve sustainable long-term growth.
2018/11/15
Committee: LIBE
Amendment 52 #
Proposal for a regulation
Recital 5
(5) Sound financial management can only be ensured by the Member States if public authorities act in accordance with the law, and if breaches thereof are effectively pursued by investigative and prosecution services, and if decisions of public authorities can be subject to effective judicial review by independent courts and by the Court of Justice of the European Union. This applies in particular to judicial review of the legality of measures, contracts or other instruments that result in public expenditure or debts, inter alia in the context of procurement procedures in respect of which the courts may also be seized.
2018/11/15
Committee: LIBE
Amendment 53 #
Proposal for a regulation
Recital 6
(6) Judicial bodies should act independently and impartially and investigation and prosecution services should be able to properly execute their function. They should be endowed with sufficient resources and procedures to act effectively and in full respect of the right to a fair trial. These conditions are required as a minimum guarantee against unlawful and arbitrary decisions by public authorities that could harm the financial interests of the Union.deleted
2018/11/15
Committee: LIBE
Amendment 55 #
Proposal for a regulation
Recital 7
(7) The independence of the judiciary presupposes, in particular, that the body concerned is able to exercise its judicial functions wholly autonomously, without being subject to any hierarchical constraint or subordinated to any other body, and without taking orders or instructions from any source whatsoever, and that it is thus protected against external interventions or pressure liable to impair the independent judgment of its members and to influence their decisions. The guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it.deleted
2018/11/15
Committee: LIBE
Amendment 56 #
Proposal for a regulation
Recital 8
(8) Respect for the rule of law is not only important for citizens of the Union, but also for business initiatives, innovation, investment and the proper functioning of the internal market, which will flourish most where a solid legal and institutional framework is in place.deleted
2018/11/15
Committee: LIBE
Amendment 63 #
Proposal for a regulation
Recital 9
(9) Article 19 TEU, which gives concrete expression to the value of the rule of law stated in Article 2 TEU, requires the Member States to provide effective judicial protection in the fields covered by Union law, including those relating to the implementation of the Union’s budget. The very existence of effective judicial review designed to ensure compliance with Union law is the essence of the rule of law and requires independent courts13 . Maintaining the independence of the courts is essential, as confirmed by the second subparagraph of Article 47 of the Charter of Fundamental Rights of the European Union14 . This is true, in particular, for the judicial review of the validity of the measures, contracts or other instruments giving rise to public expenditure or debts, inter alia in the context of public procurement procedures which may also be brought before the courts. __________________ 13 Case C-64/16, para 32-36. 14 Case C-64/16, para 40-41.deleted
2018/11/15
Committee: LIBE
Amendment 68 #
Proposal for a regulation
Recital 11
(11) Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review on irregularities related to the spending of the Union budget, can seriously harm the financial interests of the Union.
2018/11/15
Committee: LIBE
Amendment 78 #
Proposal for a regulation
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessn assessment by the Commission that there is a direct link between, on one hand, the malfunctioning, and on the other side, the principles of sound financial management byand the Commissprotection of the financial interests of the Union. That assessment could be based on the information, accompanied with specific evidence for such deficiencies, from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary.
2018/11/15
Committee: LIBE
Amendment 79 #
Proposal for a regulation
Recital 12 a (new)
(12 a) The evaluation should be based on clear evidence, objective and not based on external influences, especially political ones, without discrimination of Member States, and should evaluate all Member States on an equal footing; this assessment should respect the principle of subsidiarity, necessity and proportionality; the assessment should constitute a single framework applicable to all Member States and should replace existing instruments and mechanisms such as the Cooperation and Verification Mechanism for Bulgaria and Romania.
2018/11/15
Committee: LIBE
Amendment 82 #
Proposal for a regulation
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipientsenhancing cooperation between the Member State and the European Commission by providing technical support from the European Commission's Structural Reform Support Service.
2018/11/15
Committee: LIBE
Amendment 88 #
Proposal for a regulation
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be used for a Council decision.
2018/11/15
Committee: LIBE
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of lawconstitute a threat to the implementation of the Union budget in the respective Member State;
2018/11/15
Committee: LIBE
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) the effective judicial review by independent courts of actions or omissions by the authorities referred to in points (a) and b) in cases of threat to the implementation of the Union budget;
2018/11/15
Committee: LIBE
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. The following may, in particular,shall be considered generalised deficiencies as regards the rule of law,
2018/11/15
Committee: LIBE
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) endangering the independence of judiciary, by limiting the possibility for judges to work without external pressure or by exerting whatever pressure on magistrates working on cases, related to irregularities with the implementation of the Union budget;
2018/11/15
Committee: LIBE
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests in relation to the implementation of the Union budget;
2018/11/15
Committee: LIBE
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law in relation to the implementation of the Union budget.
2018/11/15
Committee: LIBE
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
2 a. Establishing a generalised deficiency as regards the rule of law shall be based on a quantified assessment carried out by the European Commission containing clear evidence of a threat to the implementation of the Union budget in a Member State for three consecutive years. This assessment should be carried out annually for all Member States. The evaluation criteria are described in paragraph 2 of Article 3.
2018/11/15
Committee: LIBE
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. One or more of the following appropriate measures mayshall be adopted in the following order:
2018/11/15
Committee: LIBE
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
(-a) establishing a dialogue between the European Commission and the Member State for which the assessment has revealed widespread disregard for the rule of law;
2018/11/15
Committee: LIBE
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 – point -a a (new)
(-a a) establishing cooperation between the Member State and the European Commission by providing technical support from the European Commission's Structural Reform Support Service;
2018/11/15
Committee: LIBE
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
(a) after an independent assessment of the effect and proportionality of the measure taken, a Commission proposal for a Council decision to impose a financial penalty on the Member State, where the Commission implements the Union’s budget in direct or indirect management pursuant to points (a) and (c) of Article 62 of the Financial Regulation, and where a government entity is the recipient:
2018/11/15
Committee: LIBE
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation: (1) one or more programmes or an amendment thereof; (2) (3) including through financial correcdeleted a suspension of the approval of a suspension of commitments; a reduction of commitments, a reduction of pre-financing; an interruptions or transfers to other spending programmes; (4) (5) deadlines; (6)f payment a suspension of payments.
2018/11/15
Committee: LIBE
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 2
2. Unless the decision adopting the measures provides otherwise, the imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries.deleted
2018/11/15
Committee: LIBE
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 1
1. Where the Commission finds on the basis of three consecutive assessments that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding
2018/11/15
Committee: LIBE
Amendment 146 #
Proposal for a regulation
Article 5 – paragraph 4
4. The Member State concerned shall provide all required information and may make observations within a time limit specified by the Commission, which shall not be less than 13 months from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures.
2018/11/15
Committee: LIBE
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
5 a. If the Commission considers that the proposed remedial measures are inadequate for three consecutive years, it shall establishe cooperation by providing technical support from the Structural Reform Support Service in order to undertake reforms by the Member State which do not lead to a generalised deficiency as regards the rule of law.
2018/11/15
Committee: LIBE
Amendment 150 #
Proposal for a regulation
Article 5 – paragraph 6
6. WhereIf the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing ac despite the cooperation dialogue and cooperation and after an independent assessment onf the appropriate measures to the Councileffect and proportionality, it shall submit a proposal for a Council decision on financial sanctions.
2018/11/15
Committee: LIBE
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
6 a. After receiving the proposal for a Council decision from the European Commission, the Council shall conduct a dialogue or a series of dialogues with the Member State and shall carefully review the assessment of the effect and proportionality of the proposed financial sanction.
2018/11/15
Committee: LIBE
Amendment 157 #
Proposal for a regulation
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the CommissionCouncil shall take any decision on a financial sanction by unanimity.
2018/11/15
Committee: LIBE
Amendment 158 #
Proposal for a regulation
Article 5 – paragraph 8
8. The Council, acting by a qualified majority, may amend the Commission’s proposal and adopt the amended text as a Council decision.deleted
2018/11/15
Committee: LIBE
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 2
2. The Commission shall assess on a regular basis the situation in the Member State concerned. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall submit to the Council a proposal for a decision lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6, 6a and 7 of Article 5 shall apply.
2018/11/15
Committee: LIBE
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 3
3. Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). Suspended commitments of year n may not be entered in the budget beyond year n+2.
2018/11/15
Committee: LIBE