17 Amendments of Daniel BUDA related to 2017/2273(INI)
Amendment 11 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the case law established by the Court of Justice requires Member States to supply the Commission with clear and precise information on the way in which they transpose EU directives into national law1a;
Amendment 13 #
Cb. whereas, according to the Joint Political Declaration of 28 September 2011 between the Commission and the Member States2a and the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission,3a Member States may, when notifying national transposition measures to the Commission, also be required to provide documents explaining how they have transposed directives into national law4a;
Amendment 14 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Ca. whereas, following the adoption in December 2019 of the communication entitled 'EU law: Better results through better application',5a the Commission has decided to concentrate on cases where Member States fail to communicate transposition measures, where those measures incorrectly transpose directives, or where Member States fail to comply with a judgment of the Court of Justice (under Article 260(2) TFEU), seriously damage EU financial interests or encroach on EU exclusive powers;
Amendment 16 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, however, under the new policies adopted by the Commission to ensure compliance with EU law, the aim of the EU Pilot is not to prolong the infringement procedure, which is itself a means of entering into problem-solving dialogue with a Member State;
Amendment 17 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
8b. whereas, in order to ensure a more strategic and effective approach to enforcement in dealing with infringements, the Commission decided, as indicated in its communication entitled 'Better results through better application', to launch infringement procedures without relying on the EU Pilot mechanism unless recourse to it is deemed useful in a given case;
Amendment 29 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the large number of infringement procedures in 2016 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge and priority, bearing in mind the new, more strategic and effective approach to enforcement adopted by the Commission for 2016; considers that some of those infringements are the result of the lack of resources dedicated to public administration in some Member States, sometimes as a result of ill-advised austerity measures;
Amendment 31 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the fact that, at the end of 2016, 1 657 infringement cases remained open, which was a considerable increase from the previous year and higher than all previous years;
Amendment 34 #
3. UnderlinesExpresses its concern at the fact that the number of new complaints is at its highest since 2011, with a record number of 3 783 new complaints, 75% of which were formulated in the following five policy areas: justice and consumers, employment, the internal market, industry, entrepreneurship and SMEs, taxation and customs and the environment;
Amendment 37 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fall in the number of new EU Pilot files opened in 2016 (790 compared with 881 in 2014)5) and the fact that this number has reached the lowest level since 2011; notes, however, that the resolution rate fell slightly compared with 2015 (from 75 % to 72 %);
Amendment 39 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that most EU Pilot files that led to formal infringement procedures concerned mainly policy areas pertaining to the environment, the internal market, industry, entrepreneurship and SMEs, energy and taxation and customs; notes also that Hungary, Germany, Spain and Poland had the highest number of files in EU Pilot that were pursued through infringement procedures;
Amendment 41 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes the importance attached by the Commission to the timely and correct transposition of EU law into national legislation and the existence of clear internal framework provisions requiring Member States to accord priority to this objective, so as to avoid infringements of EU law, while ensuring that individuals and undertakings are able to benefit from the effective and efficient implementation thereof;
Amendment 43 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Points out, however, that unrealistic deadlines for the implementation of legislation may make it impossible for Member States to comply, implying tacit acceptance of late implementation; urges the EU institutions to agree on a more realistic timetable for the implementation of regulations and directives, taking due account of the time needed for verification and consultation; considers that the Commission should submit reports, summaries and legislative revisions on the dates agreed by co- legislators and in line with the legal provisions applicable;
Amendment 44 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Points out that there were 70 directives to transpose in 2016, up from 56 in 2015; expresses concern at the sharp increase in number of new late transposition infringements from 543 to 847; regrets that, at the end of 2016, 868 late transposition infringement cases were still open, a 67.5 % increase from the 518 cases open at the end of 2015;
Amendment 45 #
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Expresses concern that, as in 2015, the Member States failed to deliver on all their commitments to provide explanatory documents together with the measures they had taken to transpose directives into national legislation; considers that, in view of the uneven quality of many of the explanatory documents submitted, the Commission should provide more assistance to Member States in preparing them and in drawing up correlation tables;
Amendment 46 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 of the TEU); notes that, in implementing EU legislation, Member States must comply fully with the fundamental rights enshrined in the Treaties and in the European Charter of Fundamental Rights; reiterates that careful monitoring of the acts and omissions of Member States and EU institutions is of the utmost importance;
Amendment 49 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the important role of the social partners, civil society organisations and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States;
Amendment 74 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Expresses concern that the robust fiscal measures (including reductions in expenditure on pensions, the health system and public administration) and reforms of tax policy and tax administration envisaged in the structural adjustment programmes and imposed on the Member States by the EU institutions have had negativenot had the intended effects, inter alia on labour, pension rights and employment12, and on healthcare systems and the right to health and education13; _________________ 12 See, inter alia: http://www.ohchr.org/Documents/Issues/IE Debt/LabourRights/Greece.pdf; ECA Special Report No 17/2017. 13 See, inter alia: http://www.kentikelenis.net/uploads/3/1/8/ 9/31894609/kentikelenis2017- structural_adjustment_and_health_a_conce ptual_framework_and_evidence_on_pathw ays.pdf