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58 Amendments of Therese COMODINI CACHIA related to 2015/2254(INL)

Amendment 52 #
Motion for a resolution
Citation 19
– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,deleted
2016/06/21
Committee: LIBE
Amendment 57 #
Motion for a resolution
Citation 20
– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,deleted
2016/06/21
Committee: LIBE
Amendment 73 #
Motion for a resolution
Citation 23
– having regard to the assessment of the European added value of Union measures concerning Democracy, the Rule of Law and Fundamental Rights, carried out by the European Added Value Unit of the European Parliament,deleted
2016/06/21
Committee: LIBE
Amendment 74 #
Motion for a resolution
Citation 25 a (new)
– having regard to Article 11 TEU on the inclusion of civil society and citizens in decision-making in the EU
2016/06/21
Committee: LIBE
Amendment 75 #
Motion for a resolution
Citation 25 b (new)
– having regard to the Council of Europe's 'Code of Good Practice for Civil Participation in the Decision-Making Process'
2016/06/21
Committee: LIBE
Amendment 193 #
Motion for a resolution
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries; whereas the existing instruments should be applied and enforced in order to be adequate and effective;
2016/06/21
Committee: LIBE
Amendment 222 #
Motion for a resolution
Recital T a (new)
Ta. whereas civil society plays an important role in building and strengthening democracy, monitoring, and restraining the power of the state and promoting good governance, transparency, effectiveness, openness, responsiveness and accountability;
2016/06/21
Committee: LIBE
Amendment 234 #
Motion for a resolution
Recital U
U. whereas recent developments have shown it is urgent to revisit is necessary to apply , enforce and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;
2016/06/21
Committee: LIBE
Amendment 266 #
Motion for a resolution
Paragraph 1
1. Requests the Commission to submit, by the end ofSeptember 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
2016/06/21
Committee: LIBE
Amendment 301 #
Motion for a resolution
Paragraph 4 a (new)
4a. Recommends that the European Ombudsman develops the DRF recommendations to the institutions of the Union in consultation with NGOs and other civil society organisations;
2016/06/21
Committee: LIBE
Amendment 303 #
Motion for a resolution
Paragraph 5
5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national governments or the institutions of the Union;deleted
2016/06/21
Committee: LIBE
Amendment 312 #
Motion for a resolution
Paragraph 5 a (new)
5a. Reiterates that the Member States are obliged to cooperate with each other and the institutions based on principles of mutual trust and sincere cooperation.
2016/06/21
Committee: LIBE
Amendment 320 #
Motion for a resolution
Paragraph 6
6. Calls on the Commission to partner with civil society to develop and implement an awareness raising campaign, providing information about citizens' rights to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union;
2016/06/21
Committee: LIBE
Amendment 331 #
Motion for a resolution
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;deleted
2016/06/21
Committee: LIBE
Amendment 343 #
Motion for a resolution
Paragraph 8 a (new)
8a. Recommends that the Commission engages in a meaningful dialogue with civil society and ensure that its contribution and role is built into any pact or mechanism on Democracy, Rule of Law and Fundamental Rights.
2016/06/21
Committee: LIBE
Amendment 345 #
Motion for a resolution
Paragraph 8 a (new)
8a. Considers that the existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear.
2016/06/21
Committee: LIBE
Amendment 346 #
Motion for a resolution
Paragraph 8 b (new)
8b. Recommends that any inter- parliamentary debate on DRF should include civil society and considers that civic participation and strength of civil society should be taken into consideration as indicator for Democracy;
2016/06/21
Committee: LIBE
Amendment 383 #
Motion for a resolution
Paragraph 9 – indent 5 a (new)
- Reviewing article7 in order to make sanctions against any Member State relevant and applicable
2016/06/21
Committee: LIBE
Amendment 426 #
Motion for a resolution
Annex – Citation 18
– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,deleted
2016/06/24
Committee: LIBE
Amendment 429 #
Motion for a resolution
Annex – Citation 19
– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,deleted
2016/06/24
Committee: LIBE
Amendment 450 #
Motion for a resolution
Annex – Recital 7
(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks;deleted
2016/06/24
Committee: LIBE
Amendment 459 #
Motion for a resolution
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including aa European Report with country-specific recommendations and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field. An annual inter- parliamentary debate, on the basis of that Scoreboard,European Report; and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
2016/06/24
Committee: LIBE
Amendment 463 #
Motion for a resolution
Annex – Article 3
The DRF Semester shall be expanded toUnion Pact on DRF shall incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;
2016/06/24
Committee: LIBE
Amendment 465 #
Motion for a resolution
Annex – Section I
DRF ScoreboardEuropean Report
2016/06/24
Committee: LIBE
Amendment 469 #
Motion for a resolution
Annex – Article 4
An annual scoreboardEuropean Report on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commission; and adopted with a two-thirds majority by an independent panel of experts and presented to the Commission for transmission to the European Parliament, the Council and national parliaments. The Commission may include its own assessment and recommendations in that transmission;
2016/06/24
Committee: LIBE
Amendment 473 #
Motion for a resolution
Annex – Article 5
The DRF Scoreboard shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti-corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU);deleted
2016/06/24
Committee: LIBE
Amendment 477 #
Motion for a resolution
Annex – Article 6 – introductory part
The DRF ScoreboardEuropean Report shall be drawn up using a variety of sources, including:
2016/06/24
Committee: LIBE
Amendment 493 #
Motion for a resolution
Annex – Article 7
The DRF Scoreboard shall contain a general part and country-specific reports, including recommendations.deleted
2016/06/24
Committee: LIBE
Amendment 497 #
Motion for a resolution
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,European Report shall be presented in a harmonised format and accompanied by country-specific reports. and shall be elaborated with specific focus on:
2016/06/24
Committee: LIBE
Amendment 499 #
Motion for a resolution
Annex – Article 8 – point 1
Indicators of democracy:deleted
2016/06/24
Committee: LIBE
Amendment 510 #
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
8.2 Indicators for the Rule of Law:deleted
2016/06/24
Committee: LIBE
Amendment 518 #
Motion for a resolution
Annex – Article 8 – point 8.3 – introductory part
8.3 Fundamental Rightsdeleted
2016/06/24
Committee: LIBE
Amendment 527 #
Motion for a resolution
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – by each Member State; – the federation of All European Academies (ALLEA); – European Network of National Human Rights Institutions (ENNHRI); – Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be individuals qualified for assuming the office of member of the constitutional Court, where applicable, or member of the respective supreme national courts. one independent expert designated ten academic experts designated by ten experts designated by the two experts each designated by the ten former judges designated by two experts each designated by the
2016/06/24
Committee: LIBE
Amendment 536 #
Motion for a resolution
Annex – Article 9 – point 9.2
9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific Committee.deleted
2016/06/24
Committee: LIBE
Amendment 545 #
Motion for a resolution
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftEuropean Report and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
2016/06/24
Committee: LIBE
Amendment 550 #
Motion for a resolution
Annex – Article 10 – introductory part
For each of the indicators, a score shall be given by each of the panellists to each of the Member States: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.deleted
2016/06/24
Committee: LIBE
Amendment 551 #
Motion for a resolution
Annex – Article 10 – point 10.1
10.1 The indicators shall be reviewed annually and further elaborated, refined, enriched and modified, where necessary, by common accord between the Commission, the Council and the European Parliament, following consultation with the national parliaments, experts and civil society.deleted
2016/06/24
Committee: LIBE
Amendment 553 #
Motion for a resolution
Annex – Article 11 – introductory part
The DRF Scoreboard shall be adopted as follows:deleted
2016/06/24
Committee: LIBE
Amendment 558 #
Motion for a resolution
Annex – Article 11 – indent 1
– The draft DRF ScoreboardEuropean Report, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;
2016/06/24
Committee: LIBE
Amendment 563 #
Motion for a resolution
Annex – Article 11 – indent 2
– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States or institutions of the Union under scrutiny;
2016/06/24
Committee: LIBE
Amendment 566 #
Motion for a resolution
Annex – Article 11 – indent 3
– The draft DRF ScoreboardEuropean Report and draft country-specific recommendations shall be made publically available;
2016/06/24
Committee: LIBE
Amendment 573 #
Motion for a resolution
Annex – Article 11 – indent 4
– The Commission shall formally adopt the DRF ScoreboardEuropean Report and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semesteran interparliamentary debate.
2016/06/24
Committee: LIBE
Amendment 575 #
Motion for a resolution
Annex – Article 11 – indent 4 a (new)
– If the country-specific report on a Member State includes the statement by the expert panel that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU, the Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public. The Commission shall start a dialogue with that Member State, taking into account the country specific report.
2016/06/24
Committee: LIBE
Amendment 577 #
Motion for a resolution
Annex – Article 11 – indent 5 b (new)
– If the country-specific report on a Member State includes the statement by the expert panel that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.
2016/06/24
Committee: LIBE
Amendment 579 #
Motion for a resolution
Annex – Article 12 – introductory part
The adoption of the DRF Scoreboard by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:deleted
2016/06/24
Committee: LIBE
Amendment 584 #
Motion for a resolution
Annex – Article 12 – indent 1
– the European Parliament shall holdorganise an inter-parliamentary debate on the basis of the DRF ScoreboardEuropean Report, and adopt a resolution;
2016/06/24
Committee: LIBE
Amendment 588 #
Motion for a resolution
Annex – Article 12 – indent 2
– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardEuropean Report and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardEuropean Report, proposals or reforms;
2016/06/24
Committee: LIBE
Amendment 594 #
Motion for a resolution
Annex – Article 12 – indent 3
– on the basis of the DRF ScoreboardEuropean Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;
2016/06/24
Committee: LIBE
Amendment 601 #
Motion for a resolution
Annex – Article 12 – indent 4
– on the basis of the DRF ScoreboardEuropean Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.
2016/06/24
Committee: LIBE
Amendment 606 #
Motion for a resolution
Annex – Article 12 – point 12.1
12.1 On the basis of the DRF Scoreboard, if a Member State has a green score on all indicators, no further action shall be necessary.deleted
2016/06/24
Committee: LIBE
Amendment 610 #
Motion for a resolution
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard, if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.deleted
2016/06/24
Committee: LIBE
Amendment 614 #
Motion for a resolution
Annex – Article 12 – Point 12.2.1
12.2.1 Where a Member State has yellow scores on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.deleted
2016/06/24
Committee: LIBE
Amendment 621 #
Motion for a resolution
Annex – Article 12 – point 12.3
12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more red scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.deleted
2016/06/24
Committee: LIBE
Amendment 626 #
Motion for a resolution
Annex – Article 12 – point 12.3.1
12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.deleted
2016/06/24
Committee: LIBE
Amendment 630 #
Motion for a resolution
Annex – Article 13
The DRF Scoreboard shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them.deleted
2016/06/24
Committee: LIBE
Amendment 632 #
Motion for a resolution
Annex – Article 14 – introductory part
A systematic fundamental rightsn impact assessment on fundamental rights shall be included as an element of the impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
2016/06/24
Committee: LIBE
Amendment 641 #
Motion for a resolution
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group')shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.
2016/06/24
Committee: LIBE
Amendment 645 #
Motion for a resolution
Annex – Article 16 – introductory part
The annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union shall be included in the annual DRF policy cycle of the DRF scoreboardEuropean Report:
2016/06/24
Committee: LIBE