12 Amendments of Jana TOOM related to 2022/2143(INI)
Amendment 59 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, in accordance with Article 4(2) TEU, the EU must respect the national identities of Member States, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government;
Amendment 102 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, in accordance with Article 7 TEU, on a proposal by one third of the Member States or by the Commission, the European Council may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2 TEU, following which the Council may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question;
Amendment 148 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the principle of primacy of EU law or that of the precedence of international law over domestic law are present in the constitutional order of several Member States, though not all;
Amendment 176 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the diversity among the legal traditions specific to each Member State; notes that the CJEU case-law has developed on the basis of the different Member States’ legal traditions; believes that such differences are one of the contributing factors to national constitutional courts challenging the rulings of the CJEU; emphasises that the CJEU constructs general principles based on common constitutional traditions of Member States’ legal orders;
Amendment 177 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates that in practical terms the approach of the CJEU to Article 4(2) TEU on respect for national identities of Member States, is informed by the analysis of common European values (Article 2 TEU); points out therefore, that references to Article 4(2) TEU by national constitutional courts should never be used to compromise common European values;
Amendment 196 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the proper implementation of EU law and CJEU case law is a priority for the respect of the principle of primacy of EU law; therefore, calls on the Commission, in its role as the guardian of the Treaties, to issue a yearly account, modelled on the Rule of Law annual report, in which the state of play on the implementation of Union law and jurisprudence is determined by analysing and assessing the application of CJEU judgements in the Member States and the upholding of the EU Treaties and their application in the different Member States; calls on the Commission also to initiate the appropriate proceedings against the Member States who fail to implement primary Union law or CJEU case-law relating to EU competences in domestic law and courts;
Amendment 224 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Strongly recommends that alongside the judicial means of preliminary reference, the CJEU and national constitutional courts are to engage in regular informal dialogue; encourages therefore the establishment of a forum within the CJEU, in which these judicial authorities can be brought together supported by the Commission, in the spirit of mutual cooperation with the aim of encouraging harmonisation of the interpretation of EU law across all judicial systems; encourages the individual Member States and the Commission to support these efforts; stresses that legal scholars in the field of national constitutional law should also be encouraged to familiarise themselves with EU case-law;
Amendment 227 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Emphasises that the executive and legislative bodies of Member States also bear a responsibility to ensure that their respective Member State upholds the provisions of the Treaties; stresses in this regard that executive and legislative bodies should take action to amend or withdraw legal acts that have been found to be in breach of EU law;
Amendment 228 #
10c. Emphasises that the key to fruitful dialogue and proper implementation of the principle of primacy of EU law is adequate capacity building; calls, therefore, for a European Union programme offering thorough training addressed at the Member States' domestic judicial systems, including judges, magistrates, lawyers, prosecutors, those working in the public sector and also at policy makers, both at national and also at EU level in order to encourage a better understanding of the primacy of Union law itself, the EU legal order in general and also the ramifications of the incorrect implementation of Union law and CJEU case-law;
Amendment 229 #
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Notes that some cases of national constitutional courts disagreeing with the decisions of the CJEU relate to the protection of fundamental rights, specifically when national courts interpret the fundamental rights granted by EU law to be less protective than the fundamental rights granted by the national constitution; notes that the accession of the European Union to the European Convention on Human Rights would contribute to resolving conflicts concerning the protection of fundamental rights by allowing the European Court of Human Rights to review Union acts for their compliance with the European Convention on Human Rights; calls on the Commission and Member States to ensure a swift conclusion of the accession process;
Amendment 230 #
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Notes that some cases of conflict can be linked with the deteriorating situation of the rule of law in the Member State in question; considers such cases to be a threat to the legal order in the Member State concerned and to the sincere cooperation among Member States as well as a failure of that Member State to live up to its Treaty obligations; welcomes the CJEU’s case-law in the fields of rule of law and judicial independence; reiterates its call on the Commission to make full use of its powers to address the existing and potential breaches of the values enshrined in Article 2 TEU; stresses Parliament’s determination to initiate the procedure referred to in Article 7 TEU in cases of a clear risk of a serious breach by a Member State of the European values referred to in Article 2 TEU and reiterates its call on the Council to make concrete and credible efforts to advance all ongoing Article 7 proceedings;
Amendment 231 #
10f. Notes the current process of accession to the EU of a number of candidate countries; recommends that in the application of the above recommendations and others towards a more harmonised approach to the principle of primacy of EU law, candidate countries are to be included in the broader discussion; proposes the accession process to include capacity building on the EU’s legal order and application of Union law; further proposes the establishment of a regular structured dialogue between the CJEU and the national courts of candidate countries;