Activities of Ilhan KYUCHYUK related to 2020/2072(INL)
Shadow opinions (1)
OPINION with recommendations to the Commission on the Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
Amendments (7)
Amendment 1 #
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- whereas the independence, quality and efficiency of national justice systems are crucial for the achievement of effective justice in civil, commercial and administrative cases for citizens and businesses; whereas the EU Justice Scoreboard provides substantive data on these parameters and represents a tool of comparison;
Amendment 2 #
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- whereas according to Article 6 of the Treaty of the European Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union (The Charter), which shall have the same legal value as the Treaties; whereas under the guidance of the European Court of Justice, the Charter is applied by Member States’ judicial authorities only when implementing European legislation, however, it is important for the fostering of a common legal, judicial and rule of law culture that the rights as enshrined in the Charter are always taken into account including in civil and administrative proceedings;
Amendment 13 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Invites the Commission as Guardian of the Treaties to further substantiate its annual reporting on the application of the Charter by establishing a monitoring exercise and dialogue with the Member States within the framework of the future Mechanism on Democracy, the Rule of Law and Fundamental Rights with the aim of ensuring that national legislative and judicial measures and practices with regards to civil, administrative, commercial and procedural law are aligned with the provisions of the Charter;
Amendment 23 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; reiterates its call to replace the existing partially applicable instruments for monitoring of those matters, such as the Cooperation and Verification Mechanism for Romania and Bulgaria, with a thorough and harmonised analysis applicable to all Member States; stresses that every national court is also a European court when applying Union law; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence;
Amendment 53 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that preliminary rulings clarify the manner in which the law of the European Union is to be applied; considers that recourse to this procedure allows for uniform interpretation and implementation of the European legislation; 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;
Amendment 62 #
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' judicial systems, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State;
Amendment 83 #
Draft opinion
Paragraph 11
Paragraph 11
11. Believes that addressing persisting gender, ethnic and cultural gaps in in the composition and structure of Member States’ judicial systems is necessary to enhance their quality, effectiveness and independence.