28 Amendments of Fabio Massimo CASTALDO related to 2018/0136(COD)
Amendment 52 #
Proposal for a regulation
Recital 1
Recital 1
(1) The rule of law is one of the essential values upon whichRespect for certain constitutional principles common to the legal systems of the Member States is important to ensure sound management of the Union i’s founded. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member Statesinancial interests. Respect for the principle of separation of state powers, and supervision by an independent and impartial court able to ensure effective judicial protection, are particularly important.
Amendment 57 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 63 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 66 #
Proposal for a regulation
Recital 4
Recital 4
(4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the rule of lawaforementioned common constitutional principles is an essential precondition to comply with the principles of sound financial management enshrinedreferred to in Article 317 of the Treaty on the Functioning of the European Union.
Amendment 77 #
Proposal for a regulation
Recital 8
Recital 8
(8) Respect for the rule of lawse common constitutional principles 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.
Amendment 82 #
(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 14Case C-64/16, para 32-36. Case C-64/16, para 40-41.
Amendment 84 #
Proposal for a regulation
Recital 10
Recital 10
(10) There is hence a clear relationship between respect for the rule of laprinciples of separation of state powers and of independence and impartiality in judicial review and an efficient implementation of the Union budget in accordance with the principles of sound financial management.
Amendment 86 #
Proposal for a regulation
Recital 11
Recital 11
(11) Generalised deficiencies in the Member States as regards the rule of law which affect in particularas regards the proper functioning of public authorities and effective judicial review, can seriously harm the financial interests of the Union.
Amendment 94 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative and quantitative assessment by the Commission. That assessment cshould be based on the information from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, and 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.
Amendment 98 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 102 #
Proposal for a regulation
Recital 13
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, and an assessment made of the impact they will have on citizens in the Member State concerned. It is important to ensure that measures penalising actions or omissions by the state apparatus do not have an adverse effect on citizens. 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 recipients.
Amendment 104 #
Proposal for a regulation
Recital 14
Recital 14
(14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of law, and the effects ofeffects of that deficiency on the respective Union funds and how citizens and businesses will be affected. The measures taken should in each case be restricted to those Union actions actually affected by thate deficiency on the respective Union fundsies identified.
Amendment 109 #
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. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be us following a preliminary stage in which the Council and the Commission examine with the Member State the alleged deficiencies and the measures the Commission may require to remedy them. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, a unanimous vote should be used. The European Parliament should be consulted before the measures provided for in this Regulation may be adopted.
Amendment 115 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member Stathe principles of separation of state powers and of independence and impartiality in judicial review may have been affected. The Member State should be allowed to submit its observations contradicting the Commission’s view. The Commission and the Council should take those observations into account.
Amendment 118 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of laprinciples of separation of state powers and of independence and impartiality in judicial review in the Member States.
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) '‘generalised deficiency as regards the ruprinciples of law'separation of state powers and of independence and impartiality in judicial review’ means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of laprinciples of separation of state powers and of independence and impartiality in judicial review;
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate measures shall be taken where a generalised deficiency as regards the ruprinciples of law in a Member State affects or risks affecting the principles of sound financial management orseparation of state powers and of independence and impartiality in judicial review in a Member State affects the protection of the financial interests of the Union, in particular:
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 2
Article 4 – paragraph 1 – point b – point 2
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 3
Article 4 – paragraph 1 – point b – point 3
(3) a reduction of commitments, restricted to the current year and for the amount of the deficiency detected, including through financial corrections or transfers to other spending programmes;
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The measures taken shall be proportionarestricted to the nature, gravity and scope of the generalised deficiency as regards the rule of law. They shall, insofar as possible,extent of the deficiency identified. They shall only target the Union actions affected or potentially affected by that deficiency.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Before taking such measures, the Commission shall conduct a mandatory assessment of the impact of the measures on citizens, businesses and civil society in the Member State concerned.
Amendment 202 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall take into account all relevant information, including decisions of the Court of Justice of the European Union, and reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations.
Amendment 211 #
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 laprinciples of separation of state powers and of independence and impartiality in judicial review is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council.
Amendment 216 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. The Council, in agreement with the Commission, shall open a preliminary stage in which the Commission shall examine with the Member State the alleged deficiencies and the measures the Commission may require to remedy them. The preliminary stage may not last for less than three months. Should the Council decide by simple majority that the Member State concerned has in the meantime remedied the deficiencies identified, the implementing act shall lapse automatically.
Amendment 223 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted by the Council, unless itCouncil shall decides, by qualified majority, to rejectunanimous vote on the Commission proposal within one month of its adoption by the Commissionthe end of the preliminary stage.
Amendment 226 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. The European Parliament shall adopt the proposal under the consent procedure.