Activities of Arne GERICKE related to 2015/2254(INL)
Plenary speeches (2)
EU mechanism on democracy, the rule of law and fundamental rights (debate) DE
EU mechanism on democracy, the rule of law and fundamental rights (A8-0283/2016 - Sophia in 't Veld) DE
Amendments (64)
Amendment 12 #
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) 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
Amendment 13 #
Motion for a resolution
Citation 4
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,
Amendment 35 #
Motion for a resolution
Citation 11
Citation 11
– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 , __________________ 1 http://fra.europa.eu/sites/default/files/fra_s ubmission_on_the_future_of_eu_justice.pd f
Amendment 49 #
Motion for a resolution
Citation 19
Citation 19
Amendment 58 #
Motion for a resolution
Citation 20
Citation 20
Amendment 60 #
Motion for a resolution
Citation 21
Citation 21
Amendment 115 #
Motion for a resolution
Recital E
Recital E
E. whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, theyreinforces our union of sovereign nations and must be protected against short termism and ad hoc changes as a result of different political majorities;
Amendment 130 #
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impede a uniform and high level ofare key elements in the protection of democracy, rule of law and fundamental rights (DRF);
Amendment 170 #
Motion for a resolution
Recital K
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 whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common valuesvalues on which the Union was founded;
Amendment 179 #
Motion for a resolution
Recital L
Recital L
L. whereas there are few instruments to correct legislative and executive policy decisions by the institutions of the Union, and these should be tested to be fit for purpose before new mechanisms are created;
Amendment 210 #
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that; and the Union has the authority to ensure compliance;
Amendment 230 #
Motion for a resolution
Recital U
Recital U
U. whereas recent developments have shown it is urgentit is necessary to revise and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;
Amendment 240 #
Motion for a resolution
Recital V
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; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 267 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 2016, 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;
Amendment 278 #
Motion for a resolution
Paragraph 2
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 subsidiarity principle;
Amendment 282 #
Motion for a resolution
Paragraph 2
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 asshould apply only to the three main institutions of the Union;
Amendment 304 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 375 #
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
- Abolition ofStrengthening Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union;
Amendment 380 #
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
- ReviewMaintaining the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;
Amendment 391 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 415 #
Motion for a resolution
Annex – Citation 10
Annex – Citation 10
– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131, ____________________ 1http://fra.europa.eu/sites/default/files/fra _submission_on_the_future_of_eu_justic e.pdf
Amendment 425 #
Motion for a resolution
Annex – Citation 18
Annex – Citation 18
Amendment 428 #
Motion for a resolution
Annex – Citation 19
Annex – Citation 19
Amendment 431 #
Motion for a resolution
Annex – Citation 20
Annex – Citation 20
Amendment 434 #
Motion for a resolution
Annex – Citation 21
Annex – Citation 21
Amendment 436 #
Motion for a resolution
Annex – Citation 24
Annex – Citation 24
Amendment 444 #
Motion for a resolution
Annex – Recital 4
Annex – Recital 4
(4) Whereas elaborating definitions, standards and benchmarks regarding DRF is not a one-off decision but, rather, a permanent and interactive process based on broad public debate and consultation, regular review and the sharing of best practicshould be monitored by the Commission and the Member States;
Amendment 445 #
Motion for a resolution
Annex – Recital 5
Annex – Recital 5
(5) Whereas only a mechanism that has broad support of Union citizens and allows them to take ownership of the process canmay be effective;
Amendment 453 #
Motion for a resolution
Annex – Recital 7
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;
Amendment 456 #
Motion for a resolution
Annex – Article 1
Annex – Article 1
The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be upheld throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, and apply to both which are overseen by the Commission in conjunction withe Member States and the institutions of the Union;
Amendment 458 #
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an annual inter-parliamentary debate on the basis of that Scoreboard, and arrangements for remedying possible risks and breaches 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 and consultative arrangements for remedying possible risks and breaches;
Amendment 464 #
Motion for a resolution
Annex – Article 3
Annex – Article 3
The DRF Semester shall be expanded to incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;
Amendment 467 #
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboard on the state of DRF in the Member States shall be elaborcreated by the Commission in consultation with an independent panel of experts and adopted by the Commission;
Amendment 482 #
Motion for a resolution
Annex – Article 6 – indent 5
Annex – Article 6 – indent 5
Amendment 484 #
Motion for a resolution
Annex – Article 6 – indent 7
Annex – Article 6 – indent 7
Amendment 492 #
Motion for a resolution
Annex – Article 7
Annex – Article 7
The DRF Scoreboard shall contain a general part and country-specific reports, including recommendations.
Amendment 494 #
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories, presented in a harmonised format and accompanied by country-specific report set by the Commission in consultation with agencies and stakeholders.
Amendment 500 #
Motion for a resolution
Annex – Article 8 – point 8.1
Annex – Article 8 – point 8.1
Amendment 509 #
Motion for a resolution
Annex – Article 8 – point 8.2
Annex – Article 8 – point 8.2
Amendment 522 #
Motion for a resolution
Annex – Article 9 – introductory part
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')relevant and appropriate representatives, on the basis of a quantitative and qualitative review of the data and information available.
Amendment 528 #
Motion for a resolution
Annex – Article 9 – point 9.1
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– 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; – ten former judges designated by CEPEJ; – two experts each designated by the United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).
Amendment 537 #
Motion for a resolution
Annex – Article 9 – point 9.2
Annex – Article 9 – point 9.2
9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific CommitteeCommission.
Amendment 547 #
Motion for a resolution
Annex – Article 10 – introductory part
Annex – Article 10 – introductory part
Amendment 559 #
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF Scoreboard, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;
Amendment 561 #
Motion for a resolution
Annex – Article 11 – indent 2
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.;
Amendment 567 #
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
– The draft DRF Scoreboard and draft country-specific recommendations shall in principle be made publically available;
Amendment 574 #
Motion for a resolution
Annex – Article 11 – indent 4
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.
Amendment 578 #
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
The adoption of the DRF Scoreboard 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:
Amendment 585 #
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF Scoreboard, and adopt a resolution;
Amendment 593 #
Motion for a resolution
Annex – Article 12 – indent 3
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;
Amendment 598 #
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboard, the recommendations ofafter consulting the European Parliament and the Council conclusions, the Commission may 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 under Article 70 TFEU.
Amendment 607 #
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
12.1 On the basis of the DRF Scoreboard, if a Member State has a green score oncomplies with all indicators, no further action shawill be necessarytaken.
Amendment 611 #
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard, if a Member State receivesfalls short on 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.
Amendment 616 #
Motion for a resolution
Annex – Article 12 – point 12.2.1
Annex – Article 12 – point 12.2.1
12.2.1 Where a Member State has yellow scorefails 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 and the Council shall each discuss the matter and take a reasoned decision, which in principle shall be made public.
Amendment 617 #
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more serious failured scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.
Amendment 623 #
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
12.3.1 In case a Member State has red scorserious breaches on more than one quarter of the indicators, or if it has red scorserious breaches 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 bred scoraches 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, and the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall in principle be made publically available.
Amendment 627 #
Motion for a resolution
Annex – Article 13
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 thembe reviewed annually to assess its effectiveness.
Amendment 635 #
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
Amendment 639 #
Motion for a resolution
Annex – Article 14 – point 14.1
Annex – Article 14 – point 14.1
Amendment 642 #
Motion for a resolution
Annex – Article 15
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group') shall be set up 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.
Amendment 646 #
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
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 Scoreboard:; namely application of Charter of Fundamental Rights, EU law and Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a: ____________________ 1a Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 647 #
Motion for a resolution
Annex – Article 16 –indent 1
Annex – Article 16 –indent 1
Amendment 648 #
Motion for a resolution
Annex – Article 16 –indent 2
Annex – Article 16 –indent 2
Amendment 649 #
Motion for a resolution
Annex – Article 16 –indent 3
Annex – Article 16 –indent 3