12 Amendments of Daniel BUDA related to 2018/0208(COD)
Amendment 42 #
Proposal for a regulation
Recital 2
Recital 2
(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies,. At the same time, a properly working European area of justice and efficient, independent and quality national legal systems, as well as greater mutual trust, are necessary for a flourishing internal market and for upholding the common values of the Union. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law and an independent and efficient judiciary. This will have profound and direct implications for political, social, cultural and economic life in the EU, helping it to make a tangible impact on the daily life of its citizens. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 51 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles and values, such as non- discrimination, gender equality, effective access to justice for all, the rule of law and a well-funccriminal matters, accompanied by coordination and cooperation between police, judicial and other competent authorities, and to promote and support the action of Member States in the field of crime prevention. The new Justice programme will support the further development of a European area of justice based on the Union’s values, the rule of law, and mutual recognition and trust, in particular by facilitating access to justice for all and promoting judicial cooperation ing independent judicial system shall be ensured in the further development of a European area of justice civil and criminal matters, and the effectiveness and independence of national justice systems.
Amendment 64 #
Proposal for a regulation
Recital 8
Recital 8
(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent, coherent and prompt interpretation and application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology and efficient distance communications technology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.
Amendment 72 #
Proposal for a regulation
Recital 11
Recital 11
(11) Measures under the Programme should contribute to greater mutual trust between Member State legal systems and support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra- judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the harmonised and effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.
Amendment 85 #
Proposal for a regulation
Recital 16
Recital 16
(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, fostering the independence and efficiency of the legal system, increasing cross- border cooperation and networking, underpinning mutual trust between the Member State judiciaries and achieving the correct, coherent and, consistent and prompt application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, interpretation, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning. The Regulation complies with the proportionality principle in that it does not go beyond the minimum required in order to achieve the stated objective at European level.
Amendment 100 #
Proposal for a regulation
Recital 27
Recital 27
(27) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States for recipients and for the countries concerned. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, on the independence and efficiency of the legal system, on cross-border cooperation and on mutual recognition and mutual trust;
Amendment 113 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law and the independence of the judiciary, including by supporting the efforts to improve the effectiveness of national justice systems and the enforcement of decision;
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The specific objectives of the Programme referred to in Article 3(2) will be pursued in particular through support to the following activities: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law, including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law; 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications; 6. developing capacity of key European- level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme; 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network.
Amendment 136 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, for example, lump sums, flat rates and unit costs.
Amendment 139 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, activities listed in Annex Irticle 3(2a) shall be eligible for funding.
Amendment 156 #
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1