31 Amendments of Emil RADEV related to 2020/2072(INL)
Amendment 10 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at envisaging measures to preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State and Article 7 TEU should be triggered;
Amendment 39 #
3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure; in this regard, calls on the Commission to develop common judicial training standards and promote institutional cooperation on judicial training in the EU;
Amendment 46 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of promoting knowledge of EU law and the national legal systems, enhancing understanding, trust and cooperation between judges and prosecutors within the Member States as well as strengthening public trust in judicial professionals;
Amendment 52 #
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of subsidiarity and primacy of Union law; emphasises that improving the skills and knowledge of European judges and prosecutors when it comes to identifying and responding to the challenges they face when applying the principle of the rule of law will help to ensure the uniform application of appropriate mechanisms to prevent its infringement;
Amendment 57 #
Motion for a resolution
Recital А
Recital А
А. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribare committed;
Amendment 60 #
Draft opinion
Paragraph 6
Paragraph 6
6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State; calls for the objective use and consideration of EU Justice Scoreboard data, without any discrimination against certain countries in the conclusions of the Annual Monitoring Report.
Amendment 67 #
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decadeast years hasve seen brazen attacks againstthreats to Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particular; whereas Parliament has been calling since 2016 for a comprehensive, preventive and objective evidence-based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 91 #
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of serious and generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union;
Amendment 100 #
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve all stakeholders active in the implementation, protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities, etc.;
Amendment 114 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justicedemocracy and respect for the rule of law in Europe and the world;
Amendment 120 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 140 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the Union remains structurally ill-equipped to tackle threats to democraticy and the rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointedineffective nature of the Union’s toolkit in that field;
Amendment 169 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that the Annual Monitoring Cycle must contain concrete country- specific recommendations, with timelines and targets for implementation,; to be followed up in subsequent annual or urgent reportshese measures should include, where necessary, enhanced cooperation between the relevant Member State and the European Commission; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures;
Amendment 190 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the indispensable role played by civil society, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 231 #
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, and impartial, evidence-based andshould be based on clear and objective evidence, rather than on external influences, especially political influence, and should be applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 239 #
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit ofn independent, objective, transparencyt and openness manner.
Amendment 245 #
Motion for a resolution
Annex I – paragraph 4 – point 8
Annex I – paragraph 4 – point 8
(8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to using the findings of the annual monitoring reports in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values in the context of Article 7 TEU. Similarly, the three institutions commit to using the findings of the annual monitoring report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx of the European Parliament and of the Council3 . The three institutions agree that the annual monitoring reports should more generally guide their actions with respect to Union values. _________________ 3 [instead of xxxx insert number of 2018/136(COD) in the text and the footnote and correct OJ reference in footnote] Regulation (EU) .../... of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States OJ C ..., ....., p. ....
Amendment 260 #
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultationconsultation with all stakeholders, including Member State representatives, to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent, objective and based on a clear and rigorous methodology agreed by the Working Group. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 265 #
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevantstakeholders’ contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 267 #
Motion for a resolution
Annex I – part 2 – point 6
Annex I – part 2 – point 6
6. The Commission shall draw on all official information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission and the Group of States against Corruption, and other well- established international organisations that produce relevant studies. In case of a significant discrepancy between the assessments of two international organisations operating in an area within the scope of the mechanism, the European Commission shall conduct its own, independent assessment of the situation.
Amendment 278 #
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 285 #
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on official information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity and duration of the situation in question.
Amendment 288 #
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to the Member States with the aim of strengthening Union values. The recommendations shall specify concrete, objective targets and timeframes for their implementation. The recommendations shall take account of the diversity and specific characteristics of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriatThese measures should include, where necessary, enhanced cooperation between the Member State and the European Commission by means of technical assistance from the European Commission’s Structural Reform Support Service.
Amendment 292 #
Motion for a resolution
Annex I – part 2 – point 10 a (new)
Annex I – part 2 – point 10 a (new)
10а. The principles of necessity, proportionality and non-discrimination must be applied when determining the measures to be implemented, taking into account, in particular, the seriousness of the situation, the time that has elapsed since the behaviour began, its duration and recurrence, and the intent and level of cooperation of the Member State concerned in remedying the deficiencies in the implementation of the rule of law and the other principles enshrined in the mechanism.
Amendment 295 #
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall endeavour to promote a timely debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 298 #
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the Member State(s) concerned, the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue. The Commission may, at any time, including upon request by the Member State concerned, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 307 #
Motion for a resolution
Annex I – part 2 – point 14 – subheading 1
Annex I – part 2 – point 14 – subheading 1
Amendment 308 #
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
Amendment 317 #
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies serious systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions may consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of serious systemic deficiencies identified in the Annual Report.
Amendment 319 #
Motion for a resolution
Annex I – part 3 – point 18 – introductory part
Annex I – part 3 – point 18 – introductory part
18. The Annual Monitoring Cycle established by this Agreement shall replace the mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption established by Commission Decision 2006/928/EC and the mechanism for cooperation and verification of progress in Bulgaria to address specific benchmarks in the areas of judicial reform and the fight against corruption and organised crime established by Commission Decision 2006/929/EC and shall fulfil, inter alia, the objectives pursued by those Decisions. The Commission therefore undertakes to repeal those Decisions at an appropriate timeimmediately.
Amendment 323 #
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU.