Activities of Maria Gabriela ZOANĂ related to 2018/0136(COD)
Plenary speeches (1)
Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (debate) RO
Amendments (17)
Amendment 19 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a potential generalised deficiency requires a qualitative assessment by the Commissionn impartial, transparent, qualitative assessment at the initiative of the Commission, under the same conditions applicable to all Member States. That assessment cshould be based onfactor in all the information from all available sources and recognizsed institutions, including judgments of the Court of Justice of the European Union, which is the only institution which can rule on fulfilment or otherwise of the conditions set out in the EU treaties, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary.
Amendment 22 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determinedclear, and should ensure equal criteria and equal treatment among all Member States. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 28 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilita and after the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be usedpproval of the proposal by the European Parliament.
Amendment 30 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation is proposed for adoption, the European Court of Justice should have ruled on the situation regarding a breach of the rule of law. However, the Commission shouldmust inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Member State shouldmust be allowed to submit its observations. The Commission, Parliament and the Council should take those observations into account.
Amendment 37 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 41 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of law, with this situation being confirmed by a decision of the European Court of Justice, which is the only authority empowered to rule on matters concerning respect for the rule of law;
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. One or more of tThe following appropriate measures may be adopted:
Amendment 70 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 86 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 92 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where, based on a ruling of the European Court of Justice, the Commission finds that it hasere are reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to thate Member State concerned, setting out the grounds on which it based its findings, but only after first informing Parliament and the Council.
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall provide all the necessary guarantees to ensure that the same criteria are applied to all Member States, in line with the principles of equal treatment and non- discrimination, in assessing the rule-of- law situation. It shall ensure that the same measures are taken in comparable cases.
Amendment 102 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission may, based on a ruling of the European Court of Justice, request any additional information required for its assessment, both before and after having made a finding pursuant to paragraph 1.
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act onon the appropriate measures to the European Parliament. If the European Parliament, acting by majority of the votes cast, gives its consent to the appropriate measuresosal, the Commission shall submit a proposal for an implementing act to the Council.
Amendment 117 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adopttransmission by the Commission, or it shall be deemed to have been rejected.
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assessand the independent panel of experts shall assess within one month the situation in the Member State concerned. OnceIf the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall submit to the Council a proposal for a decision lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6 and 75 of Article 5 shall apply. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission.
Amendment 126 #
Proposal for a regulation
Article 7
Article 7