40 Amendments of Emil RADEV related to 2015/2254(INL)
Amendment 10 #
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, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 95 #
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 239 #
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, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 265 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, 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 276 #
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 principles of subsidiarity, necessity and proportionality;
Amendment 305 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 338 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 408 #
Motion for a resolution
Annex – Citation 3
Annex – Citation 3
– having regard to Article 4(3) and Article 5 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 440 #
Motion for a resolution
Annex – Recital 1
Annex – Recital 1
(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States, while respecting the principle of subsidiarity, necessity and proportionality and that includes both the preventative and the corrective dimension;
Amendment 460 #
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 a European Report with country-specific recommendations (the Report) and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field, a bi-annual inter-parliamentary debate on the basis of that ScoreboardReport, and arrangements for remedying possible risks and breaches, as provided for by the Treaties 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;
Amendment 470 #
Motion for a resolution
Annex – Article 4
Annex – Article 4
An bi-annual scoreboardReport on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commissionshall be forwarded to the Commission, which shall transmit it to the European Parliament, the Council, and the national parliaments while at the same time assessing the recommendations of the panel. Those reports shall be made available to the public;
Amendment 475 #
Motion for a resolution
Annex – Article 5
Annex – Article 5
The DRF ScoreboardReport shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU) and replace the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania;
Amendment 479 #
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardReport shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:
Amendment 490 #
Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)
Annex – Article 6 – paragraph 1 a (new)
All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.
Amendment 496 #
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,Report shall be presented in a harmonised format and accompanied by country-specific reports. commendations and shall be elaborated with a specific focus on:
Amendment 501 #
Motion for a resolution
Annex – Article 8 –point 8.1
Annex – Article 8 –point 8.1
Amendment 511 #
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
Amendment 516 #
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7
Annex – Article 8 – point 8.2 – indent 7
– Title I -V of the Charter
Amendment 519 #
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1
Annex – Article 8 – point 8.3 – indent 1
Amendment 529 #
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 academic experts designated by the federation of All European Academies (ALLEA); – 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; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be representatives of the constitutional courts, where applicable, or members of the respective supreme national courts with appropriate expertise to participate in such a panel. ten former judges designated by two experts each designated by the
Amendment 542 #
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftReport and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 555 #
Motion for a resolution
Annex – Article 11 – introductory part
Annex – Article 11 – introductory part
Amendment 557 #
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF ScoreboardReport, including draft country-specific recommendations, shall be developed bi-annually by the DRF expert panel;
Amendment 562 #
Motion for a resolution
Annex – Article 11 – indent 2
Annex – Article 11 – indent 2
Amendment 568 #
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
Amendment 570 #
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
Amendment 580 #
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
The adopttransmission of the DRF ScoreboardReport 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:to the European Parliament, Council and national Parliaments shall initiate the inter-parliamentary debate.
Amendment 583 #
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary bi-annual debate on the basis of the DRF Scoreboard,Report and adopt a resolution;
Amendment 590 #
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an bi-annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardReport and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardReport, proposals or reforms;
Amendment 595 #
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
Amendment 600 #
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions,Report the Commission mayshall 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 underon further actions, in compliance with Article 7017(3) TFEU.
Amendment 603 #
Motion for a resolution
Annex – Article 12 – indent 4 a (new)
Annex – Article 12 – indent 4 a (new)
– The Commission shall apply and enforce existing tools and mechanism for the monitoring and enforcement of member states compliance with rule of law and fundamental rights as provided by the Treaties while ensuring that the criteria of non-discrimination, equal handling of MS, objectivity, fairness as well as diversity of constitutional and cultural traditions of MS and principle of subsidiarity are duly taken into account.
Amendment 604 #
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
Amendment 608 #
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
Amendment 609 #
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,monitoring report if a Member State receives 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 615 #
Motion for a resolution
Annex – Article 12 – point 12.2.1
Annex – Article 12 – point 12.2.1
Amendment 620 #
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
Amendment 625 #
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
Amendment 644 #
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The Report with country specific recommendations shall replace 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 Scoreboarduch as:
Amendment 651 #
Motion for a resolution
Annex – Article 16 –indent 3 a (new)
Annex – Article 16 –indent 3 a (new)
– Annual report on the situation of Fundamental rights in the EU.