36 Amendments of Emil RADEV related to 2021/2180(INI)
Amendment 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the rule of law includes principles such as legality, legal certainty, the separation of powers, the prohibition of the arbitrary exercise of power on the part of the executive power, effective judicial protection by independent and impartial courts in full respect of fundamental rights, the timely enforcement of judgments including the permanent subjection of all public authorities to established laws and procedures, and equality before the law and the institutions;
Amendment 23 #
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the high amount of petitions1 in relation to the impact and challenges brought by the COVID-19 pandemic; calls on the Commission for an investigation into whether COVID-19- related measures were limited in time and whether their necessity and proportionality was justified; requests an assessment of the checks and balances during the pandemic, especially given that courts in several Member States have already ruled that certain measures were not consistent with the national constitution; underlines the need to have a clear legal regime in place before a crisiss of the states concerned; _________________ 1 Petitions Nos 1438/2020, 1469/2020, 1493/2020, 1501/2020, 0038/2021, 0046/2021, 0053/2021, 0106/2021, 0152/2021, 0186/2021 and 0533/2021.
Amendment 32 #
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that emergency regimes and decree-laws were urgently instated by governments in several Member States because of the COVID-19 pandemic, and that this has affected the functioning of the national justice systems and the activity of the courts; draws attention to the lack of participation and the non-involvement of national parliaments in the decision- making and the closure of parliaments during the pandemic, which has increased the power of governments and has led to a lack of accountability and transparency of the executive;
Amendment 35 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the EU institutions and the Member States to improve the effectiveness of the judicial system by implementing and developing the digitalisation process;
Amendment 41 #
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to European Court of Auditors Special Report 01/2022: EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist,
Amendment 43 #
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
— having regard to its resolution of 20 October 2021 entitled ‘Europe’s Media in the Digital Decade: an Action Plan to Support Recovery and Transformation,
Amendment 44 #
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
— having regard to European Court of Auditors Special Report 09/2021: Disinformation affecting the EU: tackled but not tamed,
Amendment 50 #
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the common values enshrined in Article 2 TEU 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 (Article 2 TEU values) – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union;
Amendment 52 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national and regional governments on EU territory that refuse to follow judgments that have entered into force; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with5; _________________ 5 Petition No 0858/2017.
Amendment 55 #
Draft opinion
Paragraph 9
Paragraph 9
9. Invites the Commission to take measures to strengthen corruption prevention6, including in the upper echelons of power, in order to create more transparency in administration and improve access to information about lobbying ands well as oversight of political party financing; _________________ 6 Petitions Nos 0822/2020 and 0194/2020.
Amendment 64 #
Motion for a resolution
Recital B
Recital B
B. whereas the annual rule of law review cycle is a welcomen addition to the tools available to preserve the Article 2 TEU values by addressing the situation in all EU Member States in a report based on four pillars with a direct bearing on respect for the rule of law;
Amendment 72 #
Motion for a resolution
Recital C
Recital C
C. whereas without effective follow- up, the rule of law report may fail to prevent, detect and effectively address systemic challenges and backsliding on the rule of law, as witnessed in several EU Member States in recent years;
Amendment 75 #
Draft opinion
Paragraph 12
Paragraph 12
12. Draws attention to the need for better regulation and more transparency regarding social networking siteplatforms9; takes note of the insufficiency of the horizontal assessment of the media sector and the lack of representation of online media in the Commission’s 2021 Rule of Law report (COM(2121)700); _________________ 9 Petitions Nos 1336/2020, 0036/2021, 0137/2021, 0691/2021 and 0719/2021.
Amendment 79 #
Draft opinion
Paragraph 13
Paragraph 13
13. Observes that fake news and the resulting misinformation aimed at EU citizens are a threat to our EU democracies10democracy in the EU10, especially in the COVID-19 pandemic period; notes, however, that overly extensive control of false information and the increased promotion of disinformation campaigns may lead to a violation of Article 11(1) of the EU Charter of Fundamental Rights which guarantees the right to receive and impart information and ideas without interference by public authorities and regardless of borders11; _________________ 10 Petitions Nos 1310/2019, 0268/2020, 0743/2020 and 1293/2020. 11 Petition No 1336/2020.
Amendment 85 #
Motion for a resolution
Recital D
Recital D
D. whereas it is necessary to strengthen and streamline existing mechanisms and to develop an effective EU mechanism on democracy, the rule of law and fundamental rights to ensure that Article 2 TEU values are upheld not only throughout the Union but also by candidate countries;
Amendment 91 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU needs to continue supporting journalism in the fast- changing digital environment; whereas editorially independent public service media are essential and irreplaceable in providing high-quality and impartial information services to the general public and must be protected from malign capture and strengthened as a fundamental pillar of the rule of law and the fight against disinformation;
Amendment 96 #
Draft opinion
Paragraph 15
Paragraph 15
15. Stresses that the findings of the Rule of Law report should be operationalised in concrete policy actions and that the report should only serve conjointly with other instruments, such as infringement procedures, the procedures enshrined in the Conditionality Regulation13, the rule of law framework and Article 7 of the Treaty on European Union; urges the Commission to use its tools, including the report on corruption in the context of the general rule of law mechanism, more effectively and in a more timely manner; asks the Commission to introduce deadlines for complying with the recommendations based on the Rule of Law report; _________________ 13 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433I , 22.12.2020, p. 1.
Amendment 99 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas quality, sustainably and transparently financed, and independent news media and professional journalism are essential for media freedom and pluralism and the rule of law, and are therefore a pillar of democracy and the best antidote to disinformation;
Amendment 103 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas journalists and media outlets continue to be targeted through intimidation, threats on social media and physical attacks; whereas the spread of disinformation polarises society and weakens our democracy;
Amendment 106 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the media, both traditional and digital, are cornerstone of democratic societies and a guarantee against abuse of power; whereas the loss of media freedom weakens our democracies;
Amendment 112 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s second annual rule of law report and hopes that making it a core element of the EU's rule of law toolbox will lead to the removal of other duplicative mechanisms for some countries; regrets the fact that the Commission did not address in full the recommendations made by Parliament in its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report; considers that these recommendations remain valid and reiterates them;
Amendment 129 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; expresses, however, its deep disappointment that the anti-corruption report has not yet been included in the framework of the common rule of law mechanism; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic space deserves a separate subheading in the report;
Amendment 145 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that including human resources, paying particular attention to the qualifications of the experts working on the reports as they must hold the necessary legal qualifications, training and professional experience in the judiciary; believes that more time should be devoted to the Commission’s country visits, including on site;
Amendment 188 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; calls on the European Court of Auditors to further work on their assessments of effectiveness of EU measures to support the rule of law; recalls that strengthening the rule of law is also linked to the fight against manipulative disinformation that is weakening our democratic institutions;
Amendment 205 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendations; acknowledges that online platforms have a vast disruptive impact on the media sector, stresses, in this respect, that current legislation does not entirely provide for a fair environment in the public ecosystem, such as in the fight against disinformation and algorithmic accountability; considers that the adoption of relevant legislation, notably the Digital Services Act and Digital Markets Act, was a step in the right direction, but more needs to be done in the European Media Act and through other relevant measures aimed at guarding the quality of our public information space;
Amendment 216 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission indicate next to each of its recommendations the appropriate tools for the EU institutions to use if the shortcomings are not remedied; calls on the Commission not to hesitate in using those tools, especially when there is no trust in a quick implementation of the recommendations;
Amendment 249 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+ persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights;
Amendment 265 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 277 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winterannual holidays; calls on the Commission to allow multilingual submisssubmissions in all official languages of the Unions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 293 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to invite the EU Agency for Fundamental Rights (FRA) to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, bearing in mind that the right to a fair trial, freedom of expression and other fundamental rights have intrinsic links with the rule of law; calls on the European Court of Auditors to further work on their assessments of the effectiveness of EU measures to support the rule of law; recalls that strengthening the rule of law is also linked to the fight against corruption and a key condition for economic growth;
Amendment 297 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of pluralistic, high-quality media, independent journalists, fact-checkers and researchers, and a strong public service media for lively and free democratic debate;
Amendment 298 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 299 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Acknowledges that the online platforms have a vast disruptive impact on the media sector, stresses, in this respect, that current legislation does not entirely provide for a fair environment in the online ecosystem, such as in the fight against disinformation and algorithmic accountability; Considers that the adoption of relevant legislation, notably the Digital Services Act and Digital Markets Act, was a step in the right direction, but more needs to be done in the European Media Act;
Amendment 300 #
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. highlights the importance of the public media in Europe; calls on Member States to ensure stable, open, transparent, sustainable and adequate funding for public service media on a multi-annual basis in order to guarantee their quality and independence from governmental, political and other pressures;
Amendment 314 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to address in their upcoming Media Freedom Act a disbalance between traditional media and often unregulated media platforms; calls on the Commission to create fair conditions in the light of digital transformation of the media sector and the spread of online platforms;
Amendment 373 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basis and also address new developments; reiterates its call on the Council to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; insists that Parliament’s role and competences be duly respected;