Activities of Manuel MEDINA ORTEGA related to 2006/0084(COD)
Legal basis opinions (0)
Amendments (11)
Amendment 16 #
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) It is necessary, for the sake of legal certainty, to clarify the procedural guarantees applicable in internal or external investigations conducted by the Office. That does not affect any more extensive protection which may derive from the rules of the Treaties, the Staff Regulations and anyEU Charter of Fundamental Rights, the Statute for Members of the European Parliament, the Staff Regulations of officials of the European Communities and other relevant national provisions.
Amendment 17 #
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) An investigation by the Office into a Member of the European Parliament may – in addition to subverting the normal order for the exercise of scrutiny by the legislature – irreparably harm the Member concerned, for which reason any such investigation should be carried out only under the terms and conditions laid down in the Statute for Members of the European Parliament.
Amendment 18 #
Proposal for a regulation – amending act
Recital 10
Recital 10
(10) It is appropriate to strengthen the Supervisory Committee’s powers of review in relation, in particular, to compliance with the provisions governing information exchanges between the Office and the institutions, bodies, offices and agencies, and to developments in the application of procedural guarantees and duration of investigations. It is also necessary to establish cooperation between the Supervisory Committee and the European Parliament, the Council and the Commission, by enabling the Supervisory Committee, without affecting the independence of its members, to meet representatives of those institutions in the context of a structured dialogue and with full respect for the institutions' independence within the European Union's legal framework.
Amendment 21 #
Proposal for a regulation – amending act
Article 1 – paragraph 3
Article 1 – paragraph 3
Regulation (EC) No 1073/1999
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Amendment 22 #
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7a – paragraph 2 – subparagraph 1
Article 7a – paragraph 2 – subparagraph 1
2. As soon as an investigation revealsbrings to light firm evidence indicating that a member, manager, official or other servant or a person serving an institution, body, office or agency or an economic operator may beis implicated in a matter, the person concerned shall be informed, provided that this does not prejudice the conduct of the investigation by means of a communication to that effect indicating precisely what he is being accused of, in what way he is involved in the matter, what safeguards exist for his benefit and, in particular, how he can submit any observations and documents which he considers relevant; he shall be given a statutory hearing so that he can at the appropriate time make any relevant statements in his defence.
Amendment 24 #
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 2 – subparagraph 2
Article 7 a – paragraph 2 – subparagraph 2
In any event, no conclusions referring by name to a natural or legal person may be drawn on completion of an investigation unless the person thus personally implicated has been given the opportunity to make his views known (at least in writing) on all matters concerning him. That person must be given a summary of such matters in the invitation to comment. He is entitled to be assisted by a person of his choice. Any person implicated personally is entitled to use the official Community language of his choice; however, officials or other servants of the Communities may be asked to use an official Community language of which they have a thorough knowledge. A person implicated personally shall be entitled to avoid self-incriminationnot to testify against himself.
Amendment 25 #
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 3 – subparagraph 1
Article 7 a – paragraph 3 – subparagraph 1
3. The invitation to any interview, whether with a witness or with a person implicated personally within the meaning of paragraph 2, must be sent with at least eightten working days’ notice; the period of notice may be shortened with the agreemexpress consent of the persons to be interviewed. The invitation shall include a list of the rights of the person interviewed. The Office shall draw up a record of the interview and shall give the person interviewed access to it so that he may either approve the record or add observations.
Amendment 26 #
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 3 – subparagraph 2
Article 7 a – paragraph 3 – subparagraph 2
When, in the course of the interview, it transpirevidence emerges that the person interviewed as a witness may be involved in the facts under investigation, the procedural rules provided for in paragraph 2 shall apply at once.
Amendment 27 #
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 4 – (a)
Article 7 a – paragraph 4 – (a)
a) to more extensive protection which may derive from the rules of the Treaties or any, the EU Charter of Fundamental Rights or other relevant national or Community provisions;
Amendment 28 #
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 4 – letter (b)
Article 7 a – paragraph 4 – letter (b)
b) to rights and obligations conferred by the Staff Regulationtute for Members of the European Parliament or the Staff Regulations of officials of the European Communities.
Amendment 29 #
Proposal for a regulation – amending act
Article 1 – paragraph 9
Article 1 – paragraph 9
Regulation (CE) No 1073/1999
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Before forwarding the information referred to in the first subparagraph, the Office shall give the person implicated by the investigation the opportunity to comment (at least in writing) on the matters concerning him subject to the conditions, and in accordance with the arrangements, set out in the second and third subparagraphs of Article 7a(2). His comments shall be forwarded to the Member State and to the institution concerned, together with the information referred to in the first paragraph.