Activities of Lukas MANDL related to 2023/2113(INI)
Plenary speeches (1)
Report on the Commission’s 2023 Rule of Law report (debate)
Shadow reports (1)
REPORT report on the Commission’s 2023 Rule of Law report
Amendments (48)
Amendment 36 #
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
– having regard to its resolution of 19 October 2023 on the rule of law in Malta, six years after the assassination of Daphne Caruana Galizia, and the need to protect journalists
Amendment 41 #
Motion for a resolution
Citation 42 a (new)
Citation 42 a (new)
– having in regard the European Parliament resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds (2023/2691(RSP))
Amendment 52 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when rights and freedoms are withheld or violated; underlines that an independent and effective judiciary is vital for the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings; notes with concern that while some judicial systems may be robust on paper, in some cases they are not immune to state capture, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements;
Amendment 63 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.
Amendment 64 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.
Amendment 65 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Observes that the setting up of parliamentary committees to investigate if so called “lawfare” or judicialisation of politics have occurred means, in practice, subjecting judicial procedures and decisions to parliamentary review with evident interference in the judicial independence and the separation of powers.
Amendment 66 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Considers that "ad hominem" legal reforms violate basic principles of the rule of law such as equality before the law and judicial independence.
Amendment 67 #
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Notes with concern the draft amnesty law presented in the Spanish Parliament, which in its current proposal covers crimes of embezzlement, terrorism, acts against the rule of law and constitutional integrity, with its main beneficiaries being political leaders associated with the current government majority; notes that the amnesty would mean the closure of the investigation of Russian interference in the events in Catalonia that occurred in September and October 2017, and that the European Parliament has accredited; notes the serious concern expressed by all judicial associations, lawyers' associations, as well as by civil servants and very diverse civil society organizations.
Amendment 69 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, challenges persist in appointing high-level judges in Malta, Greece, Lithuania, Latvia, and Ireland; highlights that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non-implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities; Notes that the European Commission has called on Germany to ensure adequate resources for the justice system, including on the level of remuneration for judges, taking into account European standards on resources and remuneration for the justice system; calls on Germany to continue the successful "Pact for the Rule of Law" and to provide sufficient resources for the justice system by increasing the number of judges to strentgthen the federal justice system
Amendment 80 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the reduction of penalties for the crime of embezzlement in Spain is a worrying step back which is at odds with the EU's objectives and commitments in the fight against corruption; stresses the lack of consistency between the fight against corruption and the reduction of penalties for the crime of embezzlement.
Amendment 84 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that Member State government and EU officials should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; calls on the DFRMG to follow up on European Parliament resolutions on the rule of law to help combat impunity for corruption; points out that EU officials as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions;
Amendment 101 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that corruption may involve national authorities, including judicial and police authorities, who are the very authorities who are supposed to be combating it; remains concerned that no substantial progress has been made in eliminating the culture of impunity at the highest level in Malta identified by the independent public inquiry into the assassination of Daphne Caruana Galizia; considers that EU bodies, such as Europol, could play an important role in investigating corruption and securing evidence, but that the requirement for national approval of Europol involvement is an obstacle; calls for the reinforcement of the Europol mandate to enable it to investigate corruption cases of the kind described above;
Amendment 104 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that corruption may involve national authorities, including judicial and police authorities, who are the very authorities who are supposed to be combating it; considers that EU bodies, such as Europol, could play an important role in investigating corruption and securing evidence, but that the requirement for national approval of Europol involvement is an obstacle; calls for the reinforcement of the Europol mandate to enable it to facilitate investigateion of corruption cases of the kind described above;
Amendment 110 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Commission finds the situation varies greatly among the Member States, with some developments in the right direction in Cyprus, Slovakia, Luxembourg, Portugal, Slovenia and Poland, with challenges remaining in Lithuania, Hungary and Croatia, with still no national human rights institution established at all in Italy, Czechia, Malta and Romania, with delays in appointments in various independent authorities in Bulgaria, Spain and Austria, and with Poland putting the effective functioning of the Supreme Audit Office at risk; notes with great concern the recent developments in Greece, where independent authorities such as the Hellenic Authority for Communication Security and Privacy (ADAE) and the Greek Data Protection Authority have been under increasing pressure due to their work concerning the illegitimate use of spyware, with the ADAE’s Board Members having been replaced hurriedly recently by the Greek Parliament, apparently because of ADAE’s imminent decision to impose a fine on the Greek intelligence agency;
Amendment 111 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Commission finds the situation varies greatly among the Member States, with some developments in the right direction in Cyprus, Slovakia, Luxembourg, Portugal, Slovenia and Poland, with challenges remaining in Lithuania, Hungary and Croatia, with still no national human rights institution established at all in Italy, Czechia, Malta and Romania, with delays in appointments in various independent authorities in Bulgaria, Spain and Austria, and with Poland putting the effective functioning of the Supreme Audit Office at risk; notes with great concern the recent developments in Greece, where independent authorities such as the Hellenic Authority for Communication Security and Privacy (ADAE) and the Greek Data Protection Authority have been under increasing pressure due to their work concerning the illegitimate use of spyware, with the ADAE’s Board Members having been replaced hurriedly recently by the Greek Parliament, apparently because of ADAE’s imminent decision to impose a fine on the Greek intelligence agency; notes that the Commission assessed the continued deterioration of the justice system in Malta, and expresses concern at the comments of the Maltese judiciary on the persistent failure of authorities to address the problems of courts which enables further deterioration of efficiency of justice and therefore in the rule of law;
Amendment 115 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises that law enforcement authorities play an essential role in preserving the rule of law, creating a safe environment for people and allowing them to enjoy fundamental rights; stresses that the prerogative of use of force has to be treated with extreme caution and emphasises that Member States are responsible to ensure that the police use force only when strictly necessary and only to the extent required to obtain a legitimate objective; reminds about the need for the police to fulfil their tasks in compliance with the principle of impartiality and non-discrimination; calls on the Member States to thoroughly investigate any cases of excessive use of force or discriminatory treatment by the law enforcement and to ensure systemic guarantees against such abuses;
Amendment 116 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Regrets that according to the Commission Rule of Law Report 2023, in many Member States, including Belgium, Cyprus, Slovakia and Portugal, law enforcement lacks sufficient resources to effectively perform their tasks, such as the fight against corruption; calls on Member States to ensure adequate funding and human resources for the police and other law enforcement agencies;
Amendment 130 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; notes that the risk to editorial autonomy and political independence of the media in Malta remains ‘high’ while the general conditions continued to deteriorate after the assassination of Daphne Caruana Galizia;
Amendment 139 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets the worrying trends in the safety of journalists in several Member States; notes that the Council of Europe’s Platform to promote the protection of journalism and safety of journalists has registered more than 1 600 threat alerts since 2015; regrets the intimidation of journalist during election campaigns, such as recently happened in the election in Slovakia; regrets Malta’s failure to improve the working condition of journalists since the assassination of Daphne Caruana Galizia, including by effectively implementing the recommendations of the public inquiry report of 29 July 2021;
Amendment 141 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets that despite concerns raised by various international organisations, Malta’s proposed anti-SLAPP provisions are not sufficient to protect the work of journalists30 ; re-iterates its call for those politicians, including the Maltese former prime minister, to withdraw the libel cases inherited by Daphne Caruana Galizia’s heirs that are still ongoing years after her assassination; calls on the Greek government to address the serious challenges identified by the Media Freedom Rapid Response (MFRR), an alliance that tracks, monitors and reacts to violations of press and media freedom, in particular related to arbitrary surveillance, impunity or crimes against journalists, strategic lawsuits against public participation (SLAPPs), media independence and pluralism31 ; notes with great concern the recent detention of a reporter by the French authorities, apparently for the purpose of uncovering her sources, as well as the illegal wiretapping of a Dutch journalist working for ‘De Correspondent’; __________________ 30 Council of Europe Commissioner for Human Rights, Letter to the Speaker of the House of Malta, 26 September 2023. 31 International Press Institute, Murdered, surveilled and sued: decisive action needed to protect journalists and salvage press freedom in Greece, 27 September 2023.
Amendment 142 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is alarmed by the persistence of SLAPPs across the European Union. Regrets that despite concerns raised by various international organisations, Malta’s proposed anti-SLAPP provisions are not sufficient to protect the work of journalists30 ; calls on the Greek government to address the serious challenges identified by the Media Freedom Rapid Response (MFRR), an alliance that tracks, monitors and reacts to violations of press and media freedom, in particular related to arbitrary surveillance, impunity or crimes against journalists, strategic lawsuits against public participation (SLAPPs), media independence and pluralism31 ; notes with great concern the recent detention of a reporter by the French authorities, apparently for the purpose of uncovering her sources, as well as the illegal wiretapping of a Dutch journalist working for ‘De Correspondent’; __________________ 30 Council of Europe Commissioner for Human Rights, Letter to the Speaker of the House of Malta, 26 September 2023. 31 International Press Institute, Murdered, surveilled and sued: decisive action needed to protect journalists and salvage press freedom in Greece, 27 September 2023.
Amendment 144 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the EU institutions to reach a swift agreement on an ambitious anti-SLAPP directive; calls on the Commission to explore the possibility of further legislation to cover all SLAPP cases; calls on the Member States to adopt domestic anti-SLAPP measures in accordance with Commission Recommendation (EU) 2022/758 of 27 April 2022;
Amendment 147 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly condemns the lack of serious investigation into the murder of Giorgos Karaivaz; nNotes that the two alleged killers were arrested more than two years after the murder on the basis of evidence that appears to have been available to the police the entire time; considers that the mastermind behind the murder has still not been identified; notes that Karaivaz – like Daphne Caruana Galizia and Ján Kuciak – was investigating corruption and crime, and may have made enemies in high places, including in political circles; points out that the suspected mastermind of the murder of Daphne Caruana Galizia has still not been tried, nor have all the cases of corruption and crime she was investigating been adequately addressed by the authorities;
Amendment 148 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly condemns the lack of serious investigation into the murder of Giorgos Karaivaz; notes that the two alleged killers were arrested more than two years after the murder on the basis of evidence that appears to have been available to the police the entire time; considers that the mastermind behind the murder has still not been identified; notes that Karaivaz – like Daphne Caruana Galizia and Ján Kuciak – was investigating corruption and crime, and may have made enemies in high places, including in political circles; points out that the suspected mastermind of the murder of Daphne Caruana Galizia has still not been triconvicted, nor have all the cases of corruption and crime she was investigating been adequately addressed by the authorities;
Amendment 150 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Condemns the illegal surveillance of journalists, in particular by means of spyware; is dismayed at the Commission's refusal to implement all the recommendations of the Pegasus Special Inquiry Committee and considers it a failure to act; points out that in none of the many hundreds of cases of abuse of spyware against journalists, activists, politicians, lawyers and other political targets, has justice been served; concludes therefore that, contrary to the Commission's assumption, many national authorities are neither willing nor able to address the matter, leaving the victims without effective remedy and democracy unprotected; is deeply concerned at the chilling effect of the impunity of spyware abuse on journalists and their sources;
Amendment 151 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Reiterates its concern for the breach of fundamental rights in regards to the use of Pegasus and equivalent spyware where individuals and high- profile personalities, such as journalists, bloggers, human rights defenders, politicians, or other actors have been targeted; underlines that the illegitimate use of spyware by national governments directly and indirectly affects the integrity of decision making, thus undermining European Union democracy, and highlighting the urgency for greater transparency and legal accountability of the surveillance industry;
Amendment 152 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Recalls the trade in and use of spyware needs to be regulated strictly; underlines that the use of spyware must be authorised only in exceptional and specific cases with respect to investigations into a limited and closed list of clearly and precisely defined serious crimes, be justified on a case-by-case basis, comply with the Charter and other relevant Union law, and be ordered, ex ante, by an independent and impartial judicial authority with effective, known and accessible remedial measures; stresses that any spyware surveillance must be scrutinised by an independent ex post oversight authority, which must ensure that any authorised surveillance is carried out in compliance with fundamental rights and in accordance with the conditions set out by the CJEU, the European Court of Human Rights (ECtHR) and the Venice Commission; insists that individuals targeted with spyware have access to real and meaningful legal remedy;
Amendment 154 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Regrets the continuous difficulties that many citizens, journalists and parliamentarians in many Member States face in obtaining information and access to documents; underlines that too often public authorities are deliberately frustrating access to information and documents, such as by disproportionately delaying decisions or giving only artificial access by only making information partially available; re- iterates its call on Malta to withdraw its systematic appeals against freedom of information requests filed about the use of public funds in the media;
Amendment 159 #
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Economic Dimension of the Rule of Law
Amendment 161 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to include a specific new chapter regarding the economic dimension of the rule of law in the future reports;
Amendment 162 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls for the strengthening of the principle of the rule of law in the internal market; Underlines, that reliable and stable rule of law structures are key pillars for investment and trade, which are essential for the competitiveness, and so for the capacity of the welfare system and the labour market in the European Union; regrets the increasing protectionism, anti-investment barriers, bureaucratic obstacles and nationalist tendencies in some member states, which violate the Union law;
Amendment 164 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Demands that monitoring of the economic dimension of the rule of law should be intensified, and brought more into focus; calls on the Commission to give the economic dimension greater consideration in the rule of law mechanism;
Amendment 165 #
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Further condemns the reported systemic discriminatory practices against companies in Hungary in certain sectors, politically motivated business practices that give an unfair advantage to competitors, non-transparent and manipulated public procurement procedures, takeover bids by the government and entities with ties to the Prime Minister, and the use of EU funds to enrich political allies of the government in contradiction to EU competition and public procurement rules; highlights that the targeted companies operate predominantly in sectors such as telecommunications, retail, construction, transportation, media, publishing, banking and insurance; is deeply concerned by the growing concentration of businesses in the hands of oligarchs with ties to the current government who have publicly signalled their intention to buy into these sectors, as well as by the targeting of the competitors of those businesses; highlights that the discriminatory measures include arbitrary legislation, special permit requirements, the prolongation of additional and temporary COVID-19 taxes or levies, such as the turnover tax on the retail sector, registration obligations concerning the import and export of materials, unreasonable price caps in the food retail sector, an increasing number of inspections and audits and other intimidation measures;
Amendment 166 #
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23e. Recalls that, within the scope of application of the Treaties, any discrimination on grounds of nationality is prohibited in accordance with the Charter, and that the freedom of establishment, the freedom to provide services and the free movement of capital are fundamental freedoms of the single market; underlines that the rules regarding equality of treatment forbid not only overt discrimination by reason of nationality or, in the case of a company, its seat, but all covert forms of discrimination that, by the application of other criteria of differentiation, lead in fact to the same result; underlines that the proper implementation of competition and public procurement rules is also in the interest of Hungarian companies;
Amendment 185 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that democratic and rule of law backsliding and the undermining of minority rights often go hand in hand, once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports; regrets the lack of progress on protecting minorities across the EU; condemns hate speech, including by government or political officials, against minority groups;
Amendment 187 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Is alarmed at the surge of manifestations of anti-semitism, including symbolic hate displayed at demonstrations emphasises that discrimination on grounds of discrimination as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation is a violation of the Charter of Fundamental Rights and the principles of the rule of law.
Amendment 195 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reaffirms that women’s rights are human rights and that nothing can justify a regression in women’s rights and autonomy; condemns in particular the attack on the sexual and reproductive health and rights of women and girls taking place in several Member States; believes that the right to safe and legal abortion should be anchored in the Charter of Fundamental Rights;
Amendment 196 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reaffirms that women’s rights are human rights and that nothing can justify a regression in women’s rights and autonomy; condemns in particular the attack on the sexual and reproductive health and rights of women and girls taking place in several Member States; believes that the right to safe and legal abortion should be anchored in the Charter of Fundamental Rights;
Amendment 212 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Welcomes the important developments which occurred in the European Border and Coast Guard (EBCG-Frontex) with the adoption of the Standard Operating Procedure on the roles and responsibilities of the Monitors in Frontex operational activities, formally approved by the Executive Director and the Fundamental Rights Officer in March 2023.
Amendment 214 #
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
Amendment 215 #
Motion for a resolution
Paragraph 31 c (new)
Paragraph 31 c (new)
31c. Welcomes the progress made by Romania and Bulgaria on the implementation of the pilot projects for fast asylum and return procedures and highlights that solid results have been achieved with best practices identified in the area of accelerated asylum procedures and effective returns, border management and reinforced cooperation with neighbouring countries. Welcomes the work made by the EU Agency for Asylum and its over around 1000 deployed experts in supporting 14 Member States with their asylum, reception and temporary protection needs;
Amendment 216 #
Motion for a resolution
Paragraph 31 d (new)
Paragraph 31 d (new)
31d. Is concerned about new cases of instrumentalisation of migrants with the intention to destabilise the Member States and the Union as a whole
Amendment 217 #
Motion for a resolution
Paragraph 31 e (new)
Paragraph 31 e (new)
31e. Stresses the need to conclude the negotiations on the New Pact on Asylum and Migration as soon as possible in order to allow its adoption before the end of this term;
Amendment 218 #
Motion for a resolution
Paragraph 31 f (new)
Paragraph 31 f (new)
31f. Welcomes the conclusion of new Status Agreements with Moldova, North Macedonia, Montenegro and Albania allowing Frontex to deploy and carry out joint operations on the territory of these neighbouring countries; urges the Commission to conclude negotiations for enhanced agreements with Serbia and with Bosnia and Herzegovina;
Amendment 220 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes that the proper enforcement of all EU law is the very precondition for a union based on the rule of law; condemns the sometimes open and unashamed non- compliance of several Member States with EU law in various fields, such as the right to effective judical protection, anti- corruption laws, asylum, implementation of sanctions, and human rights law; underlines that this risks making the EU a lawless zone, where some Member States feel more equal than others and citizens’ EU rights and freedoms are not evenly protected;
Amendment 247 #
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 256 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Recognises the role of notaries in numerous Member States functionally exercising court tasks and acting e.g. as court commissioners in non-contentious judicial procedures such as succession cases; believes that the notaries‘ contribution to rule of law standards should be analysed and addressed in subsequent editions of the rule of law report;
Amendment 277 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Encourages all Member States to demonstrate their commitment to the rule of law to the international community and to apply and implement all adopted EU restrictive measures accurately and consistently, and to prevent their circumvention, as envisaged by the Commission for the EU Member States; Calls on the Commission and member states to implement all sanctions that have been adopted, in their calls on the Commission to closely monitor circumvention;