BETA

87 Amendments of Monika HOHLMEIER related to 2015/2254(INL)

Amendment 10 #
Motion for a resolution
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
2016/06/21
Committee: LIBE
Amendment 51 #
Motion for a resolution
Citation 19
– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,deleted
2016/06/21
Committee: LIBE
Amendment 55 #
Motion for a resolution
Citation 20
– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,deleted
2016/06/21
Committee: LIBE
Amendment 61 #
Motion for a resolution
Citation 21
– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,deleted
2016/06/21
Committee: LIBE
Amendment 69 #
Motion for a resolution
Citation 22
– having regard to its resolutions of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, in particular paragraph 795 , 27 February 2014 on the situation of fundamental rights in the European Union (2012)6 , 8 September 2015 on the situation of fundamental rights in the European Union (2013- 2014)7 , and 10 June 2015 on the situation in Hungary, in particular paragraph 128 , __________________ 5 Texts adopted, P8_TA(2013)0315. 6 Texts adopted, P8_TA(2014)0173. 7 Texts adopted, P8_TA(2015)0286. 8 Texts adopted, P8_TA(2015)0227.deleted
2016/06/21
Committee: LIBE
Amendment 95 #
Motion for a resolution
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
2016/06/21
Committee: LIBE
Amendment 99 #
Motion for a resolution
Recital D
D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionthe monetary union and the common area of freedom, security and justice;
2016/06/21
Committee: LIBE
Amendment 107 #
Motion for a resolution
Recital E
E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a resulshould be the basis for political decisions, independent of different political majorities; and resist temporary changes
2016/06/21
Committee: LIBE
Amendment 146 #
Motion for a resolution
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
2016/06/21
Committee: LIBE
Amendment 160 #
Motion for a resolution
Recital J
J. whereas the failure of a candidate countryies need to meet the required standards results in a delay offor the accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;
2016/06/21
Committee: LIBE
Amendment 172 #
Motion for a resolution
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and w; Whereas all Member Statesn analysis and verification of the Member States' compliance with those criteria should therefore be assessprovided on a regular basis in order to verify their continued compliance with the Union's common values;.
2016/06/21
Committee: LIBE
Amendment 181 #
Motion for a resolution
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
2016/06/21
Committee: LIBE
Amendment 183 #
Motion for a resolution
Recital M
M. whereas the Court of Justice of the European Union (CJEU) has recently issued various rulingsrulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;
2016/06/21
Committee: LIBE
Amendment 198 #
Motion for a resolution
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadeq; whereas the existing instruments should be applied and enforced and, if necessary, evaluated and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countriescomplemented in the framework of a rule of law mechanism to be adequate and effective;
2016/06/21
Committee: LIBE
Amendment 209 #
Motion for a resolution
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliancerecent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;
2016/06/21
Committee: LIBE
Amendment 218 #
Motion for a resolution
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRFcases of breaches of the rule of law, the Union and itsthe Member States shave a duty toll protect the rights of the residents of that Member Stateintegrity and application of the Treaties;
2016/06/21
Committee: LIBE
Amendment 239 #
Motion for a resolution
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
2016/06/21
Committee: LIBE
Amendment 265 #
Motion for a resolution
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
2016/06/21
Committee: LIBE
Amendment 276 #
Motion for a resolution
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union; with respect to the principles of subsidiarity, necessity and proportionality;
2016/06/21
Committee: LIBE
Amendment 286 #
Motion for a resolution
Paragraph 2 a (new)
2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;
2016/06/21
Committee: LIBE
Amendment 288 #
Motion for a resolution
Paragraph 2 b (new)
2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;
2016/06/21
Committee: LIBE
Amendment 299 #
Motion for a resolution
Paragraph 4
4. Invites the European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.
2016/06/21
Committee: LIBE
Amendment 305 #
Motion for a resolution
Paragraph 5
5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national governments or the institutions of the Union;deleted
2016/06/21
Committee: LIBE
Amendment 319 #
Motion for a resolution
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens'fundamental rights, to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionhe rule of law and the possibility to enforce those rights;
2016/06/21
Committee: LIBE
Amendment 324 #
Motion for a resolution
Paragraph 7
7. Invites the CJEU to make proposals in order to speed up its procedures, with a view to improving access to justice for individuals challenging violations of DRF;deleted
2016/06/21
Committee: LIBE
Amendment 338 #
Motion for a resolution
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
2016/06/21
Committee: LIBE
Amendment 348 #
Motion for a resolution
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;
2016/06/21
Committee: LIBE
Amendment 351 #
Motion for a resolution
Paragraph 9 – indent 1
- Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;deleted
2016/06/21
Committee: LIBE
Amendment 361 #
Motion for a resolution
Paragraph 9 – indent 2
- Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions;deleted
2016/06/21
Committee: LIBE
Amendment 364 #
Motion for a resolution
Paragraph 9 – indent 3
- Enabling individuals to bring actions before the CJEU;deleted
2016/06/21
Committee: LIBE
Amendment 372 #
Motion for a resolution
Paragraph 9 – indent 4
- Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union;deleted
2016/06/21
Committee: LIBE
Amendment 379 #
Motion for a resolution
Paragraph 9 – indent 5
- Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;deleted
2016/06/21
Committee: LIBE
Amendment 385 #
Motion for a resolution
Paragraph 9 a (new)
9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;
2016/06/21
Committee: LIBE
Amendment 386 #
Motion for a resolution
Paragraph 9 b (new)
9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;
2016/06/21
Committee: LIBE
Amendment 390 #
Motion for a resolution
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
2016/06/21
Committee: LIBE
Amendment 398 #
Motion for a resolution
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and willcould thus be beneficial both in economic and social terms;
2016/06/21
Committee: LIBE
Amendment 408 #
Motion for a resolution
Annex – Citation 3
– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,
2016/06/24
Committee: LIBE
Amendment 426 #
Motion for a resolution
Annex – Citation 18
– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,deleted
2016/06/24
Committee: LIBE
Amendment 429 #
Motion for a resolution
Annex – Citation 19
– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,deleted
2016/06/24
Committee: LIBE
Amendment 433 #
Motion for a resolution
Annex – Citation 20
– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,deleted
2016/06/24
Committee: LIBE
Amendment 435 #
Motion for a resolution
Annex – Citation 21
– having regard to the Parliament resolution of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, (2012/2130(INI)), in particular paragraph 79,deleted
2016/06/24
Committee: LIBE
Amendment 437 #
Motion for a resolution
Annex – Citation 24
– having regard to its resolution of 10 June 2015 on the situation in Hungary (2015/2700(RSP)), in particular paragraph 12,deleted
2016/06/24
Committee: LIBE
Amendment 440 #
Motion for a resolution
Annex – Recital 1
(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States, while respecting the principle of subsidiarity, necessity and proportionality and that includes both the preventative and the corrective dimension;
2016/06/24
Committee: LIBE
Amendment 452 #
Motion for a resolution
Annex – Recital 7
(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks;
2016/06/24
Committee: LIBE
Amendment 460 #
Motion for a resolution
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an a European Report with country-specific recommendations (the Report) and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field, a bi-annual inter-parliamentary debate on the basis of that ScoreboardReport, and arrangements for remedying possible risks and breaches, as provided for by the Treaties and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
2016/06/24
Committee: LIBE
Amendment 463 #
Motion for a resolution
Annex – Article 3
The DRF Semester shall be expanded toUnion Pact on DRF shall incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;
2016/06/24
Committee: LIBE
Amendment 465 #
Motion for a resolution
Annex – Section I
DRF ScoreboardEuropean Report
2016/06/24
Committee: LIBE
Amendment 470 #
Motion for a resolution
Annex – Article 4
An bi-annual scoreboardReport on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commissionshall be forwarded to the Commission, which shall transmit it to the European Parliament, the Council, and the national parliaments while at the same time assessing the recommendations of the panel. Those reports shall be made available to the public;
2016/06/24
Committee: LIBE
Amendment 475 #
Motion for a resolution
Annex – Article 5
The DRF ScoreboardReport shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU) and replace the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania;
2016/06/24
Committee: LIBE
Amendment 479 #
Motion for a resolution
Annex – Article 6 – introductory part
The DRF ScoreboardReport shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:
2016/06/24
Committee: LIBE
Amendment 490 #
Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)
All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.
2016/06/24
Committee: LIBE
Amendment 493 #
Motion for a resolution
Annex – Article 7
The DRF Scoreboard shall contain a general part and country-specific reports, including recommendations.deleted
2016/06/24
Committee: LIBE
Amendment 496 #
Motion for a resolution
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,Report shall be presented in a harmonised format and accompanied by country-specific reports. commendations and shall be elaborated with a specific focus on:
2016/06/24
Committee: LIBE
Amendment 501 #
Motion for a resolution
Annex – Article 8 –point 8.1
8.1. Indicators for Democracy: – Separation of powers – The impartial nature of the state – The reversibility of political decisions after elections – The existence of institutional checks and balances which ensure that the impartial state is not called into question – The permanence of the state and institutions, based on the immutability of the constitution – Freedom and pluralism of the media – Integrity and absence of corruption – Transparency and accountability – Title V of the Charter of Fundamental Rights of the European Union ('the Charter')
2016/06/24
Committee: LIBE
Amendment 511 #
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
8.2 Indicators for the Rule of Law:deleted
2016/06/24
Committee: LIBE
Amendment 516 #
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7
– Title I -V of the Charter
2016/06/24
Committee: LIBE
Amendment 519 #
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1
– Titles I to IV of the Chardeleterd
2016/06/24
Committee: LIBE
Amendment 523 #
Motion for a resolution
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
2016/06/24
Committee: LIBE
Amendment 529 #
Motion for a resolution
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National Human Rights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be representatives of the constitutional courts, where applicable, or members of the respective supreme national courts with appropriate expertise to participate in such a panel. ten former judges designated by two experts each designated by the
2016/06/24
Committee: LIBE
Amendment 538 #
Motion for a resolution
Annex – Article 9 – point 9.2
9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific Committee.deleted
2016/06/24
Committee: LIBE
Amendment 540 #
Motion for a resolution
Annex – Article 9 – point 9.2 a (new)
9.2a The expert panel shall adopt the Report by a majority of two thirds of its members.
2016/06/24
Committee: LIBE
Amendment 542 #
Motion for a resolution
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftReport and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
2016/06/24
Committee: LIBE
Amendment 550 #
Motion for a resolution
Annex – Article 10 – introductory part
For each of the indicators, a score shall be given by each of the panellists to each of the Member States: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.deleted
2016/06/24
Committee: LIBE
Amendment 551 #
Motion for a resolution
Annex – Article 10 – point 10.1
10.1 The indicators shall be reviewed annually and further elaborated, refined, enriched and modified, where necessary, by common accord between the Commission, the Council and the European Parliament, following consultation with the national parliaments, experts and civil society.deleted
2016/06/24
Committee: LIBE
Amendment 555 #
Motion for a resolution
Annex – Article 11 – introductory part
The DRF Scoreboard shall be adopted as follows:deleted
2016/06/24
Committee: LIBE
Amendment 557 #
Motion for a resolution
Annex – Article 11 – indent 1
– The draft DRF ScoreboardReport, including draft country-specific recommendations, shall be developed bi-annually by the DRF expert panel;
2016/06/24
Committee: LIBE
Amendment 562 #
Motion for a resolution
Annex – Article 11 – indent 2
– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States or institutions of the Union under scrutiny;deleted
2016/06/24
Committee: LIBE
Amendment 568 #
Motion for a resolution
Annex – Article 11 – indent 3
– The draft DRF Scoreboard and draft country-specific recommendations shall be made publically available;deleted
2016/06/24
Committee: LIBE
Amendment 570 #
Motion for a resolution
Annex – Article 11 – indent 4
The Commission shall formally adopt the DRF Scoreboard and country-specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semester.deleted
2016/06/24
Committee: LIBE
Amendment 580 #
Motion for a resolution
Annex – Article 12 – introductory part
The adopttransmission of the DRF ScoreboardReport by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:to the European Parliament, Council and national Parliaments shall initiate the inter-parliamentary debate.
2016/06/24
Committee: LIBE
Amendment 583 #
Motion for a resolution
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary bi-annual debate on the basis of the DRF Scoreboard,Report and adopt a resolution;
2016/06/24
Committee: LIBE
Amendment 590 #
Motion for a resolution
Annex – Article 12 – indent 2
– the Council shall hold an bi-annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardReport and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardReport, proposals or reforms;
2016/06/24
Committee: LIBE
Amendment 595 #
Motion for a resolution
Annex – Article 12 – indent 3
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;deleted
2016/06/24
Committee: LIBE
Amendment 600 #
Motion for a resolution
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions,Report the Commission mayshall decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice underon further actions, in compliance with Article 7017(3) TFEU.
2016/06/24
Committee: LIBE
Amendment 603 #
Motion for a resolution
Annex – Article 12 – indent 4 a (new)
– The Commission shall apply and enforce existing tools and mechanism for the monitoring and enforcement of member states compliance with rule of law and fundamental rights as provided by the Treaties while ensuring that the criteria of non-discrimination, equal handling of MS, objectivity, fairness as well as diversity of constitutional and cultural traditions of MS and principle of subsidiarity are duly taken into account.
2016/06/24
Committee: LIBE
Amendment 604 #
Motion for a resolution
Annex – Article 12 – point 12.1
12.1 On the basis of the DRF Scoreboard, if a Member State has a green score on all indicators, no further action shall be necessary.deleted
2016/06/24
Committee: LIBE
Amendment 608 #
Motion for a resolution
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard, if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.deleted
2016/06/24
Committee: LIBE
Amendment 609 #
Motion for a resolution
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard,monitoring report if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.
2016/06/24
Committee: LIBE
Amendment 615 #
Motion for a resolution
Annex – Article 12 – point 12.2.1
12.2.1 Where a Member State has yellow scores on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.deleted
2016/06/24
Committee: LIBE
Amendment 620 #
Motion for a resolution
Annex – Article 12 – point 12.3
12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more red scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.deleted
2016/06/24
Committee: LIBE
Amendment 625 #
Motion for a resolution
Annex – Article 12 – point 12.3.1
12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.deleted
2016/06/24
Committee: LIBE
Amendment 630 #
Motion for a resolution
Annex – Article 13
The DRF Scoreboard shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them.deleted
2016/06/24
Committee: LIBE
Amendment 632 #
Motion for a resolution
Annex – Article 14 – introductory part
A systematic fundamental rightsn impact assessment on fundamental rights shall be included as an element of the impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
2016/06/24
Committee: LIBE
Amendment 636 #
Motion for a resolution
Annex – Article 14 – point 14.1
14.1 An independentThe expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiaby the institutions.
2016/06/24
Committee: LIBE
Amendment 643 #
Motion for a resolution
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group') shallcan be set up out of existing structures in the institutions with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion. These existing tools should be promoted and properly applied.
2016/06/24
Committee: LIBE
Amendment 644 #
Motion for a resolution
Annex – Article 16 – introductory part
The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, shall be included in the annual DRF policy cycle of the DRF Scoreboarduch as:
2016/06/24
Committee: LIBE
Amendment 651 #
Motion for a resolution
Annex – Article 16 –indent 3 a (new)
– Annual report on the situation of Fundamental rights in the EU.
2016/06/24
Committee: LIBE