10 Amendments of Daniel BUDA related to 2021/2180(INI)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union is founded on the values enshrined in Article 2 TEU; recalls further that the rule of law, as enshrined in EU primary law and further defined in the case-law of the Court of Justice of the European Union (CJEU), is akin to democracy and fundamental rights; reiterates that protection of these fundamental values is a shared responsibility of all EU institutions and all Member States; stresses that any backsliding on the rule of law in any given Member State automatically undermines EU values in the EU as a whole; agrees with the Commission that these values should never be taken for granted, even though the EU is recognised as having very high standards in this regard; considers it necessary to support the constant and continuous strengthening and improvement of the rule of law in order to avoid any possible risk of regression; underlines the importance of the credible global example provided by the EU in upholding the rule of law internally and in supporting democracy worldwide;
Amendment 4 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that respect for the rule of law and hence for its key principles, such as legality, legal certainty, effective judicial protection, impartiality and independence of the judiciary, separation of state powers and full respect for fundamental rights, is closely linked to trust in public institutions at both EU and Member State level;
Amendment 5 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that, in order to properly support efforts to uphold the rule of law, strong and permanent interaction between Member States, EU institutions and EU policies is necessary; welcomes the approach adopted by the Commission based on close alignment of EU policies to respect for the rule of law as a means of contributing to economic recovery through structural reforms in Member States;
Amendment 14 #
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that crises such as the COVID-19 pandemic have shown that extraordinary measures taken in urgency can have democratic deficits and lead, implying restriction of fundamental rights and affecting the normal functioning of constitutional and legal systems and public administrations, possibly leading, in certain cases, to corruption, and that theconstantly lacking proper scrutiny; stresses, therefore, the need for clear legal arrangements, especially as regards justification of the necessity and proportionality of the measures, their legal basis and their limitation in time, ensuring respect for the rule of law also during times of crisis;
Amendment 28 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the COVID-19 pandemic has also shown that high levels of digitalisation have increased the resilience and efficiency of justice systems and expedites decision making by public administrations; agrees with the Commission that digitalisation should be fostered to greater degree and investment in human and financial resources prioritised in some Member States in order to increase the efficiency of their justice systems; welcomes the fact that digitalising the public administration and the judiciary is a priority in many Member States’ Recovery and Resilience Plans;
Amendment 31 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s second Rule of Law Report (‘the Report’) and considers that the periodic review of the state of the rule of law is of great significance and is an essential monitoring tool that is also necessary for the prevention and even identification of possible risks of regression; welcomes the importance that it rightly places on justice systems; stresses that effectiveness, independence, impartiality and efficiency are three characteristics of justice systems which are equally essential for upholding the rule of law and which constitute the basis for mutual trust within the EU’s area of freedom, security and justice; notes the need for lawyers, judges and prosecutors to be able to exercise their functions with full autonomy, impartiality and independence, without interference from any other institution or body, in accordance with the principle of the separation of powers; argues that this is an indispensable condition for ensuring equality and the protection of citizens’ rights under the law, as well as public trust in EU and Member State institutions;
Amendment 36 #
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the fact that lawyers are now part of the EU Justice Scoreboard’s questionnaire; stresses that independent lawyers are also essential to independent justice systems; reiteratesthe existence of an efficient judicial system implies the need for lawyers to be free to display full independence and professional integrity in advising and representing their clients; stresses therefore that independent lawyers are also essential to independent justice systems; stresses the fundamental role of legal professions in ensuring the protection of fundamental rights and strengthening the rule of law; reiterates in this connection the need for lawyers and the judiciary to be highly qualified and regularly trained in the rule of law and in EU law in general, and calls on the Commission to extend the scope of its next Report to include this area;
Amendment 47 #
Draft opinion
Paragraph 9
Paragraph 9
9. Defends the position that the principle of the separation of powers is essential to the proper functioning of justice systems across the EU and in ensuring their independence, impartiality and efficiency and requires institutional structures where not only judges but also prosecution services are independent from undue pressure, especially from political pressurecircles;
Amendment 69 #
Draft opinion
Paragraph 12
Paragraph 12
12. Urges the Commission, furthermore, to take action to identify the imminent risk of regression and make robust use of its toolkit, including infringement procedures and the conditionality mechanism, where appropriate, to quickly and efficiently address any backsliding on the rule of law in national justice systems;
Amendment 76 #
Draft opinion
Paragraph 14
Paragraph 14
14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and calls for them to be given enhanced protection against intimidation or violence; condemnsviolence; expresses concern that both journalists and civil society have seen their activities constrained by the effects of the pandemic restrictions; highlights the essential role of the media in providing reliable information and clarifying the actions taken by the authorities, particularly in times of crisis; welcomes the measures taken by certain Member States to support the media and journalists; condemns, at the opposite extreme, the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU;