Activities of Malin BJÖRK related to 2020/2072(INL)
Shadow reports (1)
REPORT on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
Amendments (44)
Amendment 10 #
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Venice Commission of the Council of Europe,
Amendment 28 #
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to its resolution of 13 February 2019 on experiencing backlash in women’s rights and gender equality in the EU1a, _________________ 1a Texts adopted, P8_TA(2019)0111.
Amendment 29 #
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
- having regard to EIGE’s Report “Beijing+25 – The 5th Review of the Implementation of the Beijing Platform for Action in the EU Member States” published in November 2019,
Amendment 36 #
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
- having regard to the European Union Agency for Fundamental Rights’ 2018 report “Challenges facing civil society organisations working on human rights in the EU”,
Amendment 65 #
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particularequality and non-discrimination are not being guaranteed and the rights of vulnerable groups are particularly disrespected, including women's rights, sexual and reproductive rights, the rights of LGBTI people, ethnic and religious minorities, people with disabilities and elderly people; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particular; whereas the Member States' emergency responses to the COVID-19 pandemic have caused an unduly restriction on fundamental rights and have weakened the democratic checks and balances; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence- based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 71 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas no Member State has achieved gender equality nor put an end to sexual and gender-based violence; whereas a visible and organised backlash against gender equality and women’s human rights can be observed in the Union, including a concerning trend of retrogressive policy and legislative proposals to restrict sexual and reproductive health and rights in several Member States, as noted by the EIGE Report on Beijing +25;
Amendment 73 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas vulnerable groups such as women, Roma and LGBTI persons continue not seeing their rights fully respected in some Member States, and are not fully protected from hate and discrimination, in disregard of Union values provided for in Article 2 TEU and the right to non-discrimination, provided for in Article 21 of the Charter of Fundamental Rights of the European Union;
Amendment 75 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas, contrary to the jurisprudence of the Hungarian Constitutional Court and the European Court of Human Rights, the right of transgender and intersex persons to access legal gender recognition procedures in Hungary was terminated through legislative amendments to the national registry; whereas such amendments changed the previously mutable category of “sex” to the immutable category of “sex at birth”, in intentional contravention of national and European rule of law;
Amendment 76 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas it is documented and confirmed by the Polish Commissioner for Human Rights that over 100 Polish municipalities and local authorities have declared themselves LGBTI-free zones or adopted so-called ‘Regional Charters of Family Rights’, which are discriminatory against LGBTI people; whereas the Polish Commissioner for Human Rights condemned such actions and filed nine complaints to administrative courts, arguing that LGBTI-free zones violate Union law; whereas the Commission sent a letter in May 2020 to five mayors of Polish cities who are recipients of Union cohesion funding underlining the responsibilities of regional managing authorities, that spending under cohesion funds must not discriminate on the basis of sexual orientation and that municipalities acting as employers must respect Council Directive 2000/78/EC1a, which prohibits discrimination and harassment on the ground of sexual orientation in employment; whereas lawsuits have been brought by local governments against three Polish LGBTI activists who created the so-called “Atlas of Hate”; _________________ 1aCouncil Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Amendment 82 #
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU weaken the cohesion of the European project, the rightsrights, freedoms and equality of all Union citizens and mutual trust among the Member States;
Amendment 98 #
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, human rights defenders, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities;
Amendment 128 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the funprotectioning of its single market, the effecitivzeness of its common policie's fundamental rights and its international credibility;
Amendment 133 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backslidingviolations and backsliding on democracy, the rule of law and fundamental rights in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures and believes that this leads to a deviation from the values provided for in Article 2 TEU; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 139 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic, fundamental rights and 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 disjointed nature of the Union’s toolkit in that field;
Amendment 146 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanismalso notes that the consultation process failed to ensure the protection of human rights defenders or actors contributing thereto, despite repeated calls from civil society organisations; underlines with concern that vulnerable groups continue not seeing their rights fully respected in some Member States and are not fully protected from hate and discrimination, in disregard of Article 2 TEU and Article 21 of the Charter of Fundamental Rights of the European Union; reiterates the need for a comprehensive monitoring mechanism to assess the respect of all aspects of democracy, the rule of law and fundamental rights in all Member States, enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union valuedemocracy, the rule of law and fundamental rights becomes a permanent and visible part of the Union agenda;
Amendment 148 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; underlines with concern that vulnerable groups, including women, Roma and LGBTI persons, continue not seeing their rights fully respected in some Member States and are not fully protected from hate and discrimination, in disregard of Union values as provided for in Article 2 TEU; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 165 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, in particular expedited infringement procedures and applications for interim measures before the Court of Justice, as well as budgetary tools;
Amendment 178 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 187 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, human rights defenders, equality bodies, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation and stresses the need to provide protection to reporting actors where necessary, as well as sufficient funding to provide the impartial and expert data that is needed to balance governments’ views; points out that the accreditation status of equality bodies, national human rights institutions and the space for civil society, as well as the protection provided to human rights defenders, 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 193 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, equality bodies and 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 equality bodies, national human rights institutions and the space for civil society, as well as the protection provided to human rights defenders, 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 196 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedure; calls on the Council to keep Parliament regularly informed and closely involved and to work in a transparent manner, to allow for meaningful participation and oversight by all European institutions and bodies and by civil society organisations; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessarya framework for better coordination;
Amendment 208 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional coredemocracy, the rule of law and fundamental rights will require Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;
Amendment 212 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisis of Union valuedemocracy, the rule of law and fundamental rights, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 222 #
Motion for a resolution
Annex I – paragraph 1
Annex I – paragraph 1
Proposal for an Interinstitutional Agreement on Reinforcing Union ValuesDemocracy, the Rule of Law and Fundamental Rights in the Union
Amendment 235 #
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 including the implementation of recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness with the involvement of citizens and civil society.
Amendment 240 #
Motion for a resolution
Annex I – paragraph 4 – point 7
Annex I – paragraph 4 – point 7
(7) The three institutions share the view that the Cooperation and Verification Mechanism for Bulgaria and Romania should be terminated in its existing form in the interest of avoiding duplication of tasks and to strengthen equal treatment of all Member States, provided that all the commitments under the CVM and the concerns raised by the Parliament are satisfactorily and comprehensively addressed, in particular in the field of independence of the judiciary, fight against corruption and media freedom. The Annual Monitoring Cycle should therefore replace Commission Decisions 2006/928/EC1 and 2006/929/EC2 and fulfil, inter alia, the objectives of those Decisions with respect to Bulgaria and Romania. This Interinstitutional Agreement is without prejudice to the 2005 Act of Accession, in particular Articles 37 and 38 thereof. _________________ 1 Commission Decision of 13 December 2006 establishing a mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption (OJ L 354, 14.12.2006, p. 56). 2 Commission Decision of 13 December 2006 establishing a 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 (OJ L 354, 14.12.2006, p. 58).
Amendment 244 #
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 inas part of 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 inas part of 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 246 #
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and, strengthening and enforcing respect for Union values, in accordance with Article 2 TEU.
Amendment 249 #
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including recommendations, and a follow- up stage including the implementation of recommendations.
Amendment 253 #
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall conduct assessments relating to democracy, the rule of law and fundamental rights in the Member States and facilitate coordination and cooperation among the three institutions in the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also consult independent experts on a regular basi, along with the Venice Commission and the Group of States against Corruption, the United Nations, the Organisation for Security and Cooperation in Europe, and other international organisations and civil society organisations. The Working Group shall also consult independent experts on a regular basis and shall establish channels for natural and legal persons to submit reasoned opinions. The Working Group shall rely on the findings of the consulted organisations and independent experts.
Amendment 258 #
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall be chaired by a representative of the European Union Agency for Fundamental Rights.
Amendment 262 #
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, including information from stakeholders which offers a difference of opinion on the same matter. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 269 #
Motion for a resolution
Annex I – part 2 – point 6
Annex I – part 2 – point 6
6. The Commission shall draw on all 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, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Group of States against Corruption, and other international organisations that produce relevant studies.
Amendment 270 #
Motion for a resolution
Annex I – part 2 – point 6
Annex I – part 2 – point 6
6. The Commission shall draw on all information at its disposal and a clear and rigorous methodology agreed by the Working Group when preparing the Annual Report. Of particular relevance in that regard areshall be the assessment conducted by the Working Group and 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 international organisations that produce relevant studies.
Amendment 276 #
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall inform regularly the Working Group of the progress made throughout the preparatory stage.
Amendment 279 #
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
Amendment 291 #
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 valuedemocracy, the rule of law and fundamental rights. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 301 #
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 mayshall, either on its own initiative or upon request by 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, 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 303 #
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values and may serve as a basis for activating the procedures under Article 258 TFEU and Article 7 TEU.
Amendment 312 #
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the Working Group, the European Parliament or the Council may exceptionally request the Commission to draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Councilwithin one month. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values, including applications for interim measures before the Court of Justice.
Amendment 321 #
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 inas part of 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. The three institutions agree that negative assessments in the findings of the Annual Report shall serve as a basis for activating the procedure provided for in Article 7 TEU and launching infringement procedures.
Amendment 324 #
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that the institution initiating a proposal under Article 7(1) TEU is able to participate in the hearing where that proposal is presented and is consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU. The three institutions agree that the Council include in those hearings how Member States subject to the procedure provided for in Article 7 TEU have addressed the concerns expressed in the reasoned opinion and all the latest and major negative developments in the areas of rule of law, democracy and fundamental rights, and concrete recommendations to the Member States in question as a follow-up to the hearings, which shall include deadlines for the implementation of such recommendations. The Council furthermore commits to assessing the implementation of those recommendations in a timely manner.
Amendment 332 #
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report inas part of 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. The three institutions agree that failures to implement the recommendations of the Annual Report shall serve as a basis for suspending or redirecting Union funds, including any new funds dedicated to the Covid-19 recovery plan, for the Member State in question until the situation is reassessed and has demonstrably improved.
Amendment 336 #
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The three institutions agree that the Annual Report may serve as the basis for the budgetary conditionality mechanism, which is to be put in place as part of the agreement on the MFF and the Recovery fund (Next Generation EU).