10 Amendments of Maria GRAPINI related to 2018/0136(COD)
Amendment 41 #
Proposal for a regulation
Recital 2
Recital 2
(2) The rule of law requires that all public powers act within the constraints set out by law, in accordance with the Constitution of every Member State, the values of democracy and fundamental rights, and under the control of independent and impartial courts. It requires, in particular, that the principles of legality7 , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , and effective judicial protection by independent courts11 are respected12 . __________________ 7 Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 8 Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10. 9 Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19. 10 Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09, ECLI:EU:C:2010:811, paragraph 58. 11 Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C- 64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41. 12 Communication from the Commission "A new EU Framework to strengthen the Rule of Law", COM(2014) 158 final, Annex I.
Amendment 60 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 81 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible fair and proportionate measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures shcould include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients if incontestable evidence exists.
Amendment 89 #
Proposal for a regulation
Recital 15
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, after consulting the Parliament. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be used, based on a report drafted by an external group of experts.
Amendment 99 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate, balanced and proportional measures shall be taken where a generalised deficiency as regards the rule of law in a Member State, as defined by its constitution, affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 112 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate balanced and proportionate measures shall be taken where a generalised deficiency as regards the rule of law in a Member State under the Constitution affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council and the Parliament.
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council and Parliament.