29 Amendments of Daniel BUDA related to 2020/2026(INL)
Amendment 4 #
Motion for a resolution
Recital A
Recital A
A. whereas Article 63 TFEU together with Articles 7, 8 and 12 of the Charter of Fundamental Rights guarantees the freedom of association at all levels and protects non-profit organisations (NPOs) against any discriminatory, unnecessary and unjustified restrictions regarding the financing of their activities4; __________________ 4 ECJ C-78/18
Amendment 14 #
Motion for a resolution
Recital C
Recital C
C. whereas European democracy implies, inter alia, dependsing on civil society being able to function freely and across borders;
Amendment 26 #
Motion for a resolution
Recital L
Recital L
L. whereas cross-border associations and NPOs in particular contribute greatly, on the one hand, to promoting general interests and, on the other hand, to the achievement of the Union's objectives, and develop many and various activities of general interest with a transnational relevance;
Amendment 27 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas despite the burgeoning numbers of cross-border associations and NPOs in the European Union, there is no harmonised pan-European legislative framework allowing them to operate and organise themselves properly at a cross- border level;
Amendment 28 #
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas, at present, in the absence of any Union regulation governing NPOs, their cross-border activities are typified by cultural, judicial and political discrepancies deriving from national regulations;
Amendment 29 #
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas the European Parliament stressed as early as 1987 the need to introduce an appropriate European regulation for European non-profit organisations in its resolution of 13 March 1987 on non-profit-making associations in the European Communities;
Amendment 32 #
Motion for a resolution
Recital M
Recital M
M. whereas any organisation benefiting from a European statute or from European common minimum standards should not act against the EU's common values and objectives enshrined in the Treaties and the Charter of Fundamental Rights;
Amendment 37 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that the current legal framework at Union and national level European Union law does not currently provide a suitable legal framework for the establis hinsufficient tog, functioning and support of a strong pan- European civil society, the existence of which is necessaryessential for democracy; thus, identifies the need to introduce a new legal form, namely that of European Association, including rules and minimum standards on its establishment, and governance and organisation;
Amendment 40 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that Union legislation supporting European cross-border associations and NPOs is also needed for the completion of the single market;
Amendment 41 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the fundamental right ofto free association is still not fully supported and promoted under various jurisdictions of the Member States because of the lack of regulation of appropriate organisational forms and lack of regulation of equal treatment of existing forms throughout the Union, on the one hand hindering cross-national activities and projects and mobility of civil society, and on the other hand causing legal uncertainty;
Amendment 45 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the lack of an instrument to further facilitate the free movement of associations and NPOs, regardless of wther Member State in the Union in which they have been established, or their members reside;
Amendment 48 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that due to regulatory fragmentation and the lack of harmonisation at European level, NPOs that operate across Europe often face a series of unjustified restrictions such as fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing;
Amendment 72 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is alarmed byExpresses its concern at the increasing hindrances faced by associations and NPOs across the Union, and at the cultural, judicial and political discrepancies deriving from national laws, regulations or administrative practices or policies;
Amendment 99 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights the fact that European- level regulation of the statute and minimum standards for NPOs can help create a level playing field, thereby facilitating, from that perspective, the completion of the single market;
Amendment 111 #
Motion for a resolution
Annex – Part I – recital 5
Annex – Part I – recital 5
(5) Associations play a key role in helping and encouraging individuals to actively participate in the democratic life of the Union and can play a crucial part in the process of developing Union policies.
Amendment 119 #
Motion for a resolution
Annex – Part I – recital 12
Annex – Part I – recital 12
(12) It is therefore necessary to establish at Union level an appropriate and rulesharmonised regulatory framework which will permit the creation of European associations and the cross-border organisation and operation of such associations.
Amendment 135 #
Motion for a resolution
Annex – Part I – Article 2 – point 6 a (new)
Annex – Part I – Article 2 – point 6 a (new)
(6a) ‘founding members’ means natural persons that are citizens or residents of at least two Member States, or legal persons that have their registered offices in at least two Member States and that have mutually agreed to form a European association;
Amendment 181 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point d
Annex – Part I – Article 8 – paragraph 2 – point d
(d) the name, address, proof of residence and nationality of the founding members, where these are natural persons;
Amendment 220 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 1
Annex – Part I – Article 11 – paragraph 1
(1) The registered office of a European Association may be transferred to another Member State in accordance with paragraphs 2 to 12 of this Article. Member States shall ensure unhindered transfer of assets and documents belonging to the European Association transferring its seat to another Member State. Such transfer shall not result in any changes in the statutes of the association other than those provided for in this Article, or in the European Association being wound up or in the creation of a new legal person.
Amendment 229 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 10
Annex – Part I – Article 11 – paragraph 10
(10) A Member State may, in respect of European Associations having their registered office on its territory, refuse the transfer of the registered office, subject to a formal objection lodged by a designated competent authority within the period of two months specified in paragraph 3. Such objection may only be lodged forand founded on reasons of public interest, national security, public safety or public order, and shall be communicated to the European Associations Authority.
Amendment 240 #
Motion for a resolution
Annex – Part I – Article 13 – paragraph 3
Annex – Part I – Article 13 – paragraph 3
(3) Other governance bodies may be set up by the Board or the General Assembly, under the conditions and in accordance with the procedures laid down in the statutes and in this regulation.
Amendment 242 #
Motion for a resolution
Annex – Part I – Article 14 – paragraph 3 – point a
Annex – Part I – Article 14 – paragraph 3 – point a
(a) theThe national and/or European law applicable to that person;
Amendment 243 #
Motion for a resolution
Annex – Part I – Article 14 – paragraph 6
Annex – Part I – Article 14 – paragraph 6
(6) The Board may hold ordinary and extraordinary meetings; within the framework of its ordinary meetings, the Board shall meet at intervals laid down by the statutes, and at least twice a year, to discuss the accounts, the activities and the foreseeable prospects of the European Association's affairprojects.
Amendment 324 #
Motion for a resolution
Annex – Part II – recital 1
Annex – Part II – recital 1
(1) Freedom of association is a fundamental right that is, recognised by the EU Treaties and the Charter of Fundamental Rights and crucial for the functioning of democracy and, equating to an essential condition for the exercise of other fundamental rights by individuals, including the right to freedom of expression.
Amendment 329 #
Motion for a resolution
Annex – Part II – recital 7 a (new)
Annex – Part II – recital 7 a (new)
(7a) Despite the burgeoning numbers of cross-border associations and non- profit organisations in the European Union, there is currently no harmonised pan-European legislative framework allowing them to operate and organise themselves properly at a cross-border level.
Amendment 363 #
Motion for a resolution
Annex – Part II – Article 4 – paragraph 2 a (new)
Annex – Part II – Article 4 – paragraph 2 a (new)
(2a) This Directive shall be without prejudice to the right of Member States to introduce or maintain provisions that are more favourable to non-profit organisations, provided that such provisions do not interfere with the obligations deriving from this Directive.
Amendment 369 #
Motion for a resolution
Annex – Part II – Article 6 – paragraph 1
Annex – Part II – Article 6 – paragraph 1
(1) Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations, in order to eliminate any obstaclesguarantee freedom of association at all levels and eliminate any obstacles and/or unjustified discrimination which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation.
Amendment 380 #
Motion for a resolution
Annex – Part II – Article 9 – paragraph 1
Annex – Part II – Article 9 – paragraph 1
(1) Member States shall establish a presumption in favour of the objectives and activities of non-profit organisations, which may be rebutted insofar as they pose a serious threat to public policnational security, public security or public order.
Amendment 382 #
Motion for a resolution
Annex – Part II – Article 9 – paragraph 2 a (new)
Annex – Part II – Article 9 – paragraph 2 a (new)
(2a) The name, address and nationality of the founding members, if they are natural persons, or the name and address of the registered office of the founding members, if they are legal persons;