25 Amendments of Kostas CHRYSOGONOS related to 2018/0208(COD)
Amendment 46 #
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, 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 and fundamental rights, respect for human dignity, freedom, democracy, equality, the rule of law, social peace and stability. This will have profound and direct implications for political, social, cultural and economic life in the EU. 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 48 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation, as well as the proper application and implementation of human and fundamental rights, and to fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 53 #
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 human and 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 and administrative matters and to promote and support the action of Member States in the field of crime prevention. Respect for human and 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-functioning independent judicial system shall be ensured in the further development of a European area of justice.
Amendment 55 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The Treaty explicitly provides that the Union may adopt legal acts for the approximation of laws of the Member States. According to the Treaty, such acts may be adopted inter alia for the mutual recognition and enforcement between Member States of judgments and extrajudicial decisions; the cross-border service of judicial and extrajudicial documents; the compatibility of the private international law rules applicable in the Member States concerning conflict of laws and of jurisdiction; cooperation in the taking of evidence; effective access to justice; the elimination of obstacles to the proper functioning of civil, criminal and administrative proceedings, which may include making national court procedures more compatible; the development of alternative dispute resolution (ADR); and support for training of the judiciary and judicial staff;
Amendment 65 #
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 and administrative 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 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, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.
Amendment 75 #
Proposal for a regulation
Recital 11
Recital 11
(11) Measures under the Programme should 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 particular 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 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 90 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa, EMCDDA, OLAF and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.
Amendment 97 #
Proposal for a regulation
Recital 23
Recital 23
(23) Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. Priority regarding the participation in Union programmes in the relevant framework should be given to Member States. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
Amendment 104 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, property registry agents, prison staff and probation officers.
Amendment 107 #
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, democracy, social peace and stability, fundamental rights, as well as on mutual recognition and mutual trust;
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The Programme has the following specific objectives, as further detailed in Annex I:
Amendment 111 #
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 lawto strengthen access to justice to natural and legal persons and to promote the rule of law, the proper application and implementation of human and fundamental rights, including by supporting the efforts to improve the effectiveness of national justice systems and the adequate enforcement of judicial decisions;
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to support and promote judicial trainingnational and transnational judicial training, and training on legal terminology, covering civil, criminal, administrative law, fundamental rights and fight against terrorism and radicalisation, with a view to fostering a common legal, judicial and rule of law culture;
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to facilitate effective access to justice for all and effective redress, including by electronic means (e-justice), by promoting efficient civil and, criminal and administrative procedures and by promoting and supporting the rights of victims of crime (including environmental crime) as well as the procedural rights of suspects and accused persons in criminal proceedings.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) to promote practical application of drug-related research, to support civil society organisations and to expand the knowledge base and develop innovative methods of addressing the phenomenon of new psychoactive substances and trafficking in human beings and goods.
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [3705 000 000] in current prices.
Amendment 130 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Programme shall be open with priority to EU countries, but it may be open also to the following third countries:
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) acceding countries, candidate and potential candidatecountries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;
Amendment 137 #
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 I shall be eligible for funding. the following activities shall be eligible for funding: 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 activities1a 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) as well as e-justice 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. _________________ 1a These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 141 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 – point a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) they have been properly assessed in a call for proposals under the Programme;
Amendment 147 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Evaluations shall be carried out in a timely and well documented manner to feed into the decision- making process.
Amendment 148 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than fourthree years after the start of the programme implementation.
Amendment 149 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. At the end of the implementation of the Programme, but no later than fourthree years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.
Amendment 154 #
Proposal for a regulation
Annex I
Annex I
Amendment 168 #
Proposal for a regulation
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
The Programme will be monitored on the basis of a set of adequate indicators (such as qualitative and quantitative) intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected and to maximising the effectiveness of justice systems. To that end, data will be collected, with respect for fundamental rights, as regards the following set of key indicators: