Activities of Caterina CHINNICI related to 2023/2080(INI)
Shadow reports (1)
REPORT on monitoring the application of European Union Law in 2020, 2021 and 2022
Amendments (8)
Amendment 5 #
Motion for a resolution
Recital B
Recital B
B. whereas the number of single market infringement cases fell steeply by 80 % between 2020 and 2022; whereas without oversight and effective and efficient enforcement by the Commission, cross-border business and the free movement of people, goods, capital and services in the EU could be gravely hampered;
Amendment 15 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, under the Von der Leyen Commission, the total new infringement actions taken by the Commission fell from 903 cases in 2020 to 551 in 2022; stresses that the total infringement actions in relation to th which has to do also with the COVID-19 pandemic and number of legislative single market – excluding case closures – is worryingly lower than under the Barroso and Juncker commissstruments adopted as most infringement cases are linked to late transpositions; understands the importance of strengthening the dialogue between the Commission and the Member States at the pre-litigation stage; considers, however, that relying almost exclusively on dialogue and informal diplomacy can lead to either political horse trading with Member States or to the application of double-standards on the part of the Commission; regrets therefore that the Commission seems reluctant to bring actions against Member States before the CJEU where it is appropriate in order to avoid, when possible, infringement procedures which should be used as a measure of last resort; calls on the Commission to further clarify how it prioritises serious breaches of EU law and to flesh out its selection criteria; recommends that the Commission shorten the dialogue period and not shy away from litigation;
Amendment 21 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the Commission has a number of tools at its disposal in order to help Member States transpose, apply and implement EU law correctly and on time, among those guidance documents, implementation plans, expert groups, explanatory documents, trainings, or workshops; some of these tools are used as preventive tools while others can be used in parallel with infringement procedures in order to resolve detected breaches of EU law with the objective to avoid referrals of the case to the Court of Justice of the European Union; Invites the Commission, where possible, to provide greater support to the competent national and regional authorities in the process of transposing EU legislation;
Amendment 23 #
3. Takes note of the fact that the Commission no longer usesnumber of the new EU Pilot as its default platform through which to engage in dialogue with Member Statcases has increased from 212 cases in 2020 to 279 cases in 2022; notes that out of the 279 cases oin alleged breaches of EU law, as it added an additional bureaucratic layer to the procedure without adding real value2022 there were 51 triggered by complaints and 228 cases were opened by the Commission following own-initiative investigations;
Amendment 32 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to act jointly and consistently on problems related to ‘gold- plating’; notes that, while additional unnecessary administrative burdens should be avoided, particularly for SMEs, and should even be decreased in order to prevent fragmentation of the single market, Member States may take more ambitious measures in cases where only minimum standards have been defined by Union law; calls oninvites the Commission, in this regard, to come up with specific guidelines for Member States to prevent unnecessary gold-plating, including to consider a template for a ‘gold-plating test’ focusing on assessing the necessity, proportionality, and feasibility of more ambitious national standardsuch national provisions and whether they interfere with intended policy goals compared to relevant EU legislation and national legislation of other Member States, as well as on the potential effects of such standards on the national business climate, especially on SMEs, with the goal of preventing competitive disadvantages, avoiding higher costs and ensuring harmonised rules for businesses;
Amendment 38 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in order to reduce the problems related to gold-plating, Parliament, the Council and the Commission should focus on adopting EU legislation drafted using the principles of legal clarity, simplification, transparency and legal certainty, with a view to being easily transposable and having a specific European added value; regrets that, all too often, EU law-making resorts to ambiguous compromises between the three institutions and loses sight of the ultimate end users (citizens, Member States or businesses); stresses that Union law needs to clearly establish the rights and obligations of its addressees, particularly the EU institutions and the Member States;
Amendment 45 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 46 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern thatthat even though the average transposition time in the EU has increased, with directives in 2019 taking an average of three months longer to be transposed into national legislation than in 2018 the most infringement procedures are linked to late transposition;