Activities of Michal ŠIMEČKA related to 2021/2025(INI)
Plenary speeches (1)
The Commission’s 2020 rule of law report (debate)
Shadow reports (1)
REPORT on the Commission’s 2020 Rule of Law Report
Amendments (69)
Amendment 45 #
Motion for a resolution
Recital F
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU, as illustrated by several cases where the European Arrest Warrant was put under a strain due to profound doubts about the independence of the judiciary;
Amendment 46 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas ombudsperson institutions in the Member States play a critical role in safeguarding key principles of the Rule of Law, such as transparency, accountability and due process; whereas the COVID-19 crisis has brought about restrictions of fundamental rights that make it more important than ever to have effective checks and balances in place over the actions of the government and in defence of citizens' rights;
Amendment 49 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas emergency measures taken in response to the COVID-19 pandemic have put more pressure on fundamental rights and democratic checks and balances;
Amendment 57 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox; encourages further development of this new tool for agenda-setting and preventive purposes;
Amendment 65 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual overview of the rule of law situation in the Member States; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 69 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the 2020 report is overly descriptive and does not provide sufficient analysis; and the Commission do not draw any conclusions on the state of the Rule of Law in the Member States and in the Union in general; believes the 2020 report fails to provide clear assessments stating whether there are serious deficiencies or a risk of a serious breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow up actions and remedial tools; considers it necessary that the report contains country specific recommendations on how to address the identified concerns and benchmarks to be followed up;
Amendment 70 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that the analysis and the conclusions of the reports should be directly contributing to the Rule of Law Conditionality Mechanism; calls on the Commission to clarify in the methodology the link between the two mechanisms;
Amendment 73 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a sufficient preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and toolsformulate conclusions about the state of the rule of law and to identify follow-up actions and remedial measures and tools; calls on the Commission to include in the reports indication of such follow-up and remedial action, whose progress should be then illustrated in the following report;
Amendment 75 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow-up actions and remedial measures and tools; calls for a synthetic approach in the horizontal report in order to clearly identify where the most important risks and problems lie across Member States;
Amendment 77 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States undwhere the Article 7(1) TEU procedurerule of law is in crisis; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and tools;
Amendment 79 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. CallsIs concerned by the spill-over effects of the erosion of media freedom into the other areas of analysis; considers smear campaigns against judges, legal professionals and civil society organisations and, in particular, strategic lawsuit against public participation (SLAPP) actions, as a limiting factor to their independence and capacity of action; calls, therefore, for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law;
Amendment 83 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law; and signal if those are affecting or risk affecting the financial interest of the Union;
Amendment 84 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law or risks thereof;
Amendment 93 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that not all rule of law issues were covered in sufficient detail by the annual report; invites the Commission to develop its country-specific expertise and capacity to react more promptly to negative developments in the Member States; calls on the Commission to devote sufficient resources to the monitoring and enforcement of the rule of law in the EU;
Amendment 96 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the laws, the democratic institutions, their independence, the checks and balances, the rule of law in a Member State have to be functional not only de jure but also de facto;
Amendment 101 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that including the national prosecution services as those are essential preconditions not only of the rule of law within the Member States but also of the protection of the Union’s financial interests; considers that the integrity of the judges and prosecutors and other persons working in the justice systems and the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;
Amendment 103 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chaptersany relevant information about the state of the rule of law in the country, as well as situate new developments in their political context;
Amendment 104 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level and the efforts and resources devoted to fighting impunity; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;
Amendment 106 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to examine the levels of impunity in the Member States when assessing whether respect for effective judicial protection and systems of safeguards are adequate; reiterates that impunity is a systemic failure and that Member States must fight with all the means at their disposal to combat it; recalls that in a balanced judicial system, the level of protection for victims and defendants must be the same;
Amendment 116 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings identified as a clear risk of a serious breach of the rule ofn light of applicable standards in EU law;
Amendment 117 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. 1. Highlights that, in accordance with Article 17(1) TEU, the Commission is to ensure the application of the Treaties and of secondary legislation, including in cases where risks of serious breaches of the values laid down in Article 2 TEU, identified in country reports, have effectively materialised following the publication of the 2020 report;
Amendment 125 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the Constitutional Tribunal's ruling regarding the primacy of national constitutional norms over EU law launched at the request of the Government of one country subject to Article 7; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU;
Amendment 127 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEUat the governments of Poland and Hungary have repeatedly attempted to prevent national courts from referring cases to the Court of Justice of the European Union under Article 267 TFEU; considers this practice to be in contravention of the Treaties and the CJEU's established interpretation of the relevant provisions; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 128 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; invites the Commission to include in future reports detailed data on Member States' compliance with ECJ rulings; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 130 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to analyse in detail initiatives by Member States' governments that may jeopardise the independence of their national courts, in particular when a very high percentage of members of the judiciary or other involved party request it; recalls that the rule of law report must be objective and apply the same criteria when assessing all Member States;
Amendment 131 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is alarmed by the legislative measures adopted in some Members States under the pretext of COVID-19 measures; reaffirms its position that such measures need to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial1a; _________________ 1a Texts adopted, P9_TA(2020)0307.
Amendment 134 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern at the use of legal measures by governments and powerful individuals to silence critics, such as the use of strategic lawsuits against public participation (SLAPPs), or the use of laws curtailing the right to freedom of expression in a manner incompatible with international human rights law, for example against LGBTI and women’s activists;calls on the Commission to accelerate the setting up of the expert group on SLAPPs as foreseen in the European Democracy Action Plan, to begin its work as soon as feasible and to ensure any upcoming legislative proposal addresses these issues;
Amendment 139 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanismRegulation 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; stresses that Regulation 2020/2092 is in force since 1 January 2021 and calls for its immediate application in line with Parliament's resolution of 25 March 2021;
Amendment 140 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report since systemic corruption undermines both the functioning of the rule of law and the trust of citizens in the decisions taken by authorities, civil servants and the judiciary; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 148 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urges the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism and make concrete recommendations for improving the situation; deems it important that the annual rule of law reports provide the basis for strong action on behalf of the European Commission in order to address the deficiencies identified;
Amendment 155 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission to continue to assess rigorously and objectively whether press freedom is respected in all Member States; insists on the need to examine measures taken by any government to silence critical media and/or to undermine freedom and pluralism;
Amendment 159 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public service media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitoredand particularly its Article 30 should be closely monitored and infringement procedures should be initiated as a matter of priority; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 164 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; recalls that threats and intimidation against journalists, including with regard to the disclosure of information on violations of fundamental rights, not only persist but are on the increase, and often lead to self- censorship and undermine the public's right to information; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and coexistence with hate crime and hate speech, and for the title of the pillar to be adapted accordingly;
Amendment 169 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to assess in future reports the effect that hate crimes and hate speech have on the rise of violent outbreaks and dynamics of discrimination in Member States; recalls that hate crimes and hate speech are becoming normalised in many Member States, fuelled by the rise of extremist movements and their rhetoric, including those in power;
Amendment 174 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the report’s pillar on checks and balances and its examination of exceptional measures taken to fight the COVID-19 pandemic; notes with concern that the shrinking space for civil liberties in response to the pandemic has led to growing frustration among many citizens; warns that the channelling of this frustration has sometimes resulted in protests against the authorities or street violence; calls on the Commission to analyse these phenomena in its next report;
Amendment 180 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Welcomes the reference to the role of ombudsperson institutions, as well as the fact that the Commission systematically included them in the fourth pillar of the country reports; calls on the Commission to pay more attention in the next annual cycle to the activities of national ombudspersons by going beyond acknowledging that ombudspersons institutions are established in Member States and looking more in depth into how they function, their degree of independence and their real contribution in terms of ensuring that adequate safeguards are in place;
Amendment 183 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 185 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic space; underlines the very important role civil society organisations play in defending the rule of law and European values on the ground, as well as in terms of providing valuable expertise; strongly believes that the Commission should institute a formal and continuous dialogue with civil society representatives on these issues and ensure their meaningful involvement in the elaboration of the annual rule of law report; highlights in this regard, based on the NGOs' experience from the 2020 cycle, that thematically structured consultations within the framework of the rule of law debates would increase the efficiency of the process and the amount of valuable feedback provided by the civil society; underlines that the deadlines imposed and the documents' formats used in the consultation process should be adequately adapted and flexible in order to allow for a complete and comprehensive input;
Amendment 186 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic spaceStresses the importance of a healthy civic space to counterbalance the erosion of the rule of law and foster a rule of law culture; invites the Commission to deepen the assessment of civic space in the forthcoming 2021 report; considers beneficial to explore the definition of clear benchmarks on an enabling civic space to further strengthen this area of analysis in the long run, including, among others, the enabling legal environment for the exercise of civic freedoms, the framework for civic organisations’ financial viability and sustainability, access to and participation in decision-making, the right to access to information, safe space, including as regards incidence and responses to verbal and physical attacks, smear campaigns and legal harassment including through Strategic Litigation Against Public Participation;
Amendment 187 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic space; Considers that, given the role of civil society in promoting, explaining, monitoring and holding governments accountable with regard to the realisation of Union values, including key building blocks of the rule of law, an additional chapter dedicated to monitoring the evolution of civic space in Member States should be added to each country report and the horizontal report;
Amendment 188 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks con an enablingcerning the breadth and openness of civic space;
Amendment 189 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to assess in future reports whether the exercise of political rights by citizens is guaranteed in all Member States; recalls that hate speech, hate crimes and ideologically motivated harassment can lead to a spiral of silence and under-representation in the political sphere and thus undermine ideological pluralism and fundamental rights; calls on the Commission to assess in future reports the situation of ideological and political pluralism in the Member States; regrets that political freedom and freedom of thought, which underpin ideological pluralism, are increasingly under siege from parliamentary bodies and even regional or national governments; condemns harassment and attacks against individuals or parties on political grounds; notes that such acts increase tension, polarisation and the normalisation of the curve of violence, accelerating the deterioration of the rule of law;
Amendment 190 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Suggests therefore that such a chapter should focus on 1) the legal environment for the exercise of civic freedoms; 2) the framework for civic organisations’ sustainability and financial viability, including the issue of government-organized non-governmental organizations (GONGOs); 3) participation in decision-making, including the right to access to information; 4) safe space, including verbal and physical attacks, smear campaigns as well as legal, administrative and fiscal harassment, the chilling effect they trigger and the long term consequences in terms of active citizenship in the country;
Amendment 191 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens’ rights and being able to defend the rule of law at national level; is deeply concerned by recent attempts in a Member State subject to Article 7(1) TEU to undermine the independence of the national Ombudsman from the executive;
Amendment 193 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Regrets that freedom of association and the shrinking space for civil society are not part of the current report; reiterates that civil society is essential for democracies to flourish and that a shrinking space for civil society contributes to violations of democracy, the rule of law and fundamental rights; reiterates that the Union institutions should maintain an open, transparent and regular dialogue with representative associations and civil society;
Amendment 199 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets the non-implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEUHungary of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
Amendment 201 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Regrets that the report fails to recognise in clear terms the democratic backsliding and the establishment of (semi-)autocratic regimes in some Member States, based on the gradual annihilation of all checks and balances;
Amendment 203 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the fact that the 2020 report fails to encompass fully the Article 2 TEU values of democracy and fundamental rights, including the rights of persons belonging to minorities and non- discrimination, including gender equality, sexual and reproductive rights and LGBTIQ rights, which are immediately affected when countries start backsliding on the rule of law;
Amendment 212 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Underlines with concern that people in vulnerable situations, including persons with disabilities, children, religious minorities, especially in times of rising anti-semitism and islamophobia in Europe, Roma and other persons belonging to ethnic minorities, migrants, refugees, LGBTI+ persons and elderly persons, as well as women continue not seeing their rights fully respected across the Union; emphasizes the obvious link between deteriorating rule of law standards and human rights and minority rights violations in those Member States;
Amendment 219 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its insistence on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament in its resolution of 7 October 2020, to cover the full scope of Article 2 TEU values;
Amendment 221 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 224 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, equality and rights of persons belonging to minorities as part of the Union’s annual reporting mechanism;
Amendment 229 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports, as well as the Democracy Action Plan; believes that the presentation of these reports should be aligned and interlinked as part of a broader annual monitoring cycle on Article 2 TEU;
Amendment 231 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Regrets that the Commission did not consult stakeholders, including Parliament, on the development of the report’s methodology and preparation process, and that it didn't seek to obtain feedback on their workability; points out that this has made it more difficult for stakeholders, especially for civil society organisations, to prepare and plan their contributions as well as for the domestic awareness-raising activities they intend to pursue for the launch of the report;
Amendment 243 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the process; urges therefore the Commission to build on the good practice of the UN’s Universal Periodic Review process, and adapt the preparation process by requiring Member State contributions to be public and setting a deadline for public consultation well after the publication of all Member State contributions so as to enable effective shadow reporting;
Amendment 250 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, including through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; recalls that accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union;
Amendment 252 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on the Commission to regularize the schedule pertaining to the annual report's production, including the deadline for stakeholders' submissions, to make the process predictable for all institutions and stakeholders; calls on the Commission to ensure sufficient time for the preparation of stakeholders' submissions;
Amendment 258 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls onRegrets that the Commission and the Council to respond positively tohave so far refused to engage with Parliament’'s call in its resolution of 7 October 2020 forto establish, through an interinstitutional agreement, an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 260 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Reiterates its call on the Commission to provide for a true assessment of the situation of each of the Article 2 TEU values in the Member States and to adopt clear country-specific recommendations, with timelines and targets and concrete actions to be taken, in order to assist Member States in addressing the weaknesses identified in the report, and to be followed up in subsequent annual or urgent reports;
Amendment 261 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recommends that the Commission aligns recommendations with potentially applicable tools to remedy the identified shortcomings; calls on the Commission to better follow-up on the implementation of the country-specific chapters by the Member States concerned by activating other rule of law tools to achieve results in case of non-implementation of the recommendations; underlines the importance of identifying clear positive and negative trends in each Members State and the need to give special attention to comparisons with the reports of the respective previous year;
Amendment 264 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Considers the existing institutional arrangement behind the annual report to fall short of the Parliament's expectations; expects the Commission to create a permanent interinstitutional Working Group as proposed by the Parliament in its resolution of 7 October 2020;
Amendment 265 #
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU in order to establish an objective and evidence-based monitoring mechanism enshrined in a legal act binding the three institutions to a transparent and regularised process, with clearly defined responsibilities, involving a panel of independent experts that shall advise the three institutions, in strong cooperation with the European Union Agency for Fundamental Rights, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 266 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Invites the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU; considers the proposal set out in the Annex to Parliament's resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights to constitute an appropriate basis for such negotiations;
Amendment 274 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectivelyTEU is enabling continued divergence from the values provided for in Article 2 of the TEU; condemns the Council's reluctance to organize Article 7 TEU hearings under the pretext of the COVID-19 pandemic; calls for a reflection ats part of the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign thevoting majorityies requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both proceduresd by Article 7 TEU in order to render its procedure more effective;
Amendment 280 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; stresses that the report should be in any case accompanied by actionable recommendations, including deadlines for implementation;
Amendment 285 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. CStresses that the applicability, purpose and scope of the Rule of Law Conditionality Regulation is clearly defined in the legal text of the said Regulation; considers that the European Council conclusions on the Regulation on a general regime of conditionality contravene Article 17 and Article 15 TEU and Article 288 TFEU, and introduce unnecessary legal uncertainty considering some recent developments by Member States subject to Article 7 TEU; calls for action in this regard; recalls that said Regulation applies from 1 January 2021; calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law, as well as in any other relevant assessment for the purposes of existing and future budgetary tools; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; calls on the Commission to more vigorously apply the Common Provisions Regulation and the Financial Regulation to tackle discriminatory use of European funds, as it did when withholding funds for municipal or local governments proclaiming themselves to be ‘‘free from LGBTI ideology’’;
Amendment 290 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls for a strategic use of funding opportunities under the Regulation establishing the Rights and Values Programme in order to counteract threats to the rule of law identified in the annual report and more broadly support civil society organizations promoting the values listed in Article 2 TEU;
Amendment 297 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, been solved, risk deteriorating or have further deteriorated, to identify trends and transversal issues and to put forward clear recommendations to remedy any risks or backsliding identified;
Amendment 301 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Stresses the importance of promoting the findings of the annual report at the national level; encourages the Commission to foster debate around the report in national parliaments and engage with civil society organizations in the follow-up to the report;