15 Amendments of Emil RADEV related to 2018/0208(COD)
Amendment 41 #
Proposal for a regulation
Recital 1
Recital 1
(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’) and the UN Convention on the Rights of Persons with Disabilities.
Amendment 58 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement and to public office-holders obliged by the law to provide parties with independent and impartial legal advice.
Amendment 61 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Reminds that justice is affirming the rule of law in society and ensuring for everyone the right to a fair trial by an independent and impartial court with a view for the protection of European values.
Amendment 67 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Reiterates that reasonable time- limits of proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law.
Amendment 70 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Calls on the Member States to invest more in development of judicial trainings and continuous education for judges as this is a basis for an efficient, independent and impartial judicial system.
Amendment 81 #
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. Bodies and entities that have access to the Programme should include national, regional and local authorities.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down the objectives of the Programme, the budget for the period 2021 –1 January 2021 – 31 December 2027, the forms of Union funding and the rules for providing such funding.
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, the independence of judges, impartiality of justice, on mutual recognition and mutual trust;
Amendment 138 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In , in particular: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparaticular, activities listed in Annex I shall be eligible for funding. ve law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities1a to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law. 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme. 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach. _________________ 1a These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 142 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. An operating grant mayshall be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.
Amendment 144 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in the Annex II.
Amendment 145 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts, in accordance with Article 14, to develop the provisions for a monitoring and evaluation framework, including through amendments to the Annex II to review and complement the indicators where necessary.
Amendment 155 #
Proposal for a regulation
Annex I
Annex I
Amendment 169 #
Proposal for a regulation
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
The following shall be considered a non- exhaustive list of specific indicators: (a) the number and percentage of persons in a target group reached by awareness- raising activities funded by the Programme; (b) the number and percentage of members of the judiciary and judicial staff in a target group that participated in training activities, staff exchanges, study visits, workshops and seminars funded by the Programme; (c) the improvement in the level of knowledge of Union law and policies in the groups participating in activities funded by the Programme compared to the entire target group; (d) the number of cases, activities and outputs of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level; (e) participants' assessment of the activities in which they participated and of their (expected) sustainability; (f) the geographical coverage of the activities funded by the Programme.
Amendment 170 #
Proposal for a regulation
Annex II – paragraph 1 b (new)
Annex II – paragraph 1 b (new)
3.In addition to the indicators set out in paragraph 2, the interim and ex-post evaluation report of the Programme shall assess, inter alia: (a) the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level; (b) the number and quality of instruments and tools developed through actions funded by the Programme; (c) the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding, and their (expected) results and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question; (d) the level of funding in relation to the outcomes achieved (efficiency); (e) the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).