Activities of Aleksander GABELIC related to 2018/0136(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States
Amendments (31)
Amendment 8 #
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the Presidency conclusions of the Copenhagen European Council of 21 and 22 June 1993 ("Copenhagen criteria")
Amendment 9 #
Proposal for a regulation
Citation 5 b (new)
Citation 5 b (new)
Having regard to the rule of law checklist established by the European Commission for democracy through law ("Venice Commission"), CDL-AD(2016)007,
Amendment 13 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Member States should be assessed on a regular basis in order to verify that their laws and practices comply with the common values on which the Union is founded, thereby providing a sound legal and administrative framework for the implementation of Union policies. The obligations incumbent on a candidate country under the Copenhagen criteria, which include the stability of institutions guaranteeing democracy, the rule of law, human rights, and respect for and protection of minorities, as well as the ability to take on the obligations of Union membership, continue to apply to the Member States after joining the Union. These obligations are set out in Article 2 TEU, and the principle of sincere cooperation is established by Article 4 TEU.
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) The rule of law is a prerequisite for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa. The coherence and consistency of internal and external democracy, rule of law and respect for fundamental human rights is key to the credibility of the Union.
Amendment 16 #
Proposal for a regulation
Recital 11
Recital 11
(11) Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review, can seriously harm the financial interests of the Union. Efficient investigations into such deficiencies, and the application of effective and proportionate measures when a generalised deficiency is established, are needed not only to secure the financial interests of the Union, including the effective collection of revenue, but also to ensure public trust in the Union and its institutions. Only an independent judiciary that upholds the rule of law and legal certainty in all Member States can ultimately guarantee that money from the EU budget is sufficiently protected.
Amendment 25 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) It is essential that the legitimate interests of final recipients and beneficiaries are properly safeguarded when measures are adopted in the event of generalised deficiencies. When considering the measures to be adopted, the Commission should take into account their potential impact on final recipients and beneficiaries. To strengthen the protection of the final recipients or beneficiaries, the Commission should actively monitor the respect of the legal obligation of government entities and Member States to continue making payments after adopting measures on basis of this regulation, and inform the final recipients or beneficiaries of their rights in case any infringements occur.
Amendment 26 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) It is essential that individual recipients of scholarships through programmes such as Erasmus, research grants and similar individual grants should not be affected if measures are adopted concerning a Member State in the event of generalised deficiencies.
Amendment 32 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Commission should immediately inform the European Parliament and the Council about the notification and its contents. The Member State concerned should be allowed to submit its observations. The Commission and the Council should take those observations into account.
Amendment 36 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Councilmmission should lift measures with suspensive effect on a proposal from the Commiss, and submit a proposal to the Parliament and the Council to lift in full or in part the budgetary reserve of the measures in question, if the situation leading to the imposition of those measures has been sufficiently remedied.
Amendment 39 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'the rule of law' refers to the Union value enshrined in Article 2 of the Treaty on European Union which includes amongst others the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection by independent courts, including of fundamental rights; separation of powers and equality before the latolerance, solidarity and respect for human dignity, freedom, equality and human rights including the rights of persons belonging to minorities; prohibition of arbitrariness of the executive powers; effective judicial protection by independent courts, including of fundamental rights, equal treatment, absence of discrimination, freedom of opinion and expression, and fundamental labour rights; separation of powers and equality before the law, especially by effective limits on government powers by the legislature, by the judiciary and by independent audit and review;
Amendment 42 #
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 as described in Article 3;
Amendment 51 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, corruption or other breaches of Union law and an effective criminal investigation system relating to the implementation of the Union budget;
Amendment 56 #
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) the freedom of opinion and expression required in order to permit the uncovering of cases of fraud, corruption or other breaches of EU law, including the freedom of the press, freedom of association and academic freedom.
Amendment 59 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) disproportionately restricting the freedom of the press, freedom of association and academic freedom;
Amendment 60 #
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
(cb) failing that to ensure that the government is accountable under the law, as are private actors;
Amendment 61 #
Proposal for a regulation
Article 3 – paragraph 2 – point c c (new)
Article 3 – paragraph 2 – point c c (new)
(cc) failing to ensure that laws are publicised and just, and protect fundamental rights, including the security of persons and property and certain core human rights;
Amendment 62 #
Proposal for a regulation
Article 3 – paragraph 2 – point c d (new)
Article 3 – paragraph 2 – point c d (new)
(cd) failing to ensure that the processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient;
Amendment 63 #
Proposal for a regulation
Article 3 – paragraph 2 – point c e (new)
Article 3 – paragraph 2 – point c e (new)
(ce) failing to ensure that justice is delivered timely by competent, ethical, and independent representatives and neutral parties who are accessible, have adequate resources, and reflect the make-up of the communities they serve;
Amendment 64 #
Proposal for a regulation
Article 3 – paragraph 2 – point c f (new)
Article 3 – paragraph 2 – point c f (new)
Amendment 88 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Unless the decision adopting the measures provides otherwise, tThe imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries.
Amendment 93 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding. The Commission shall immediately inform the Parliament and the Council of the notification and its contents.
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. TWhen assessing whether the conditions of Article 3 are fulfilled, the Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, resolutions of the European Parliament, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations. , non-governmental organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary. The Commission shall also take into account the criteria used in the context of EU accession negotiations, in particular the chapters on judiciary and fundamental rights (23), justice, freedom and security (24), financial control (32) and taxation (16), as well as the guidelines used in the context of the Cooperation and Verification Mechanism to track the progress of a Member State.
Amendment 107 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Before adopting a decision on the appropriate measures, the Commission shall carry out an assessment of the potential impact of those measures on final recipients or beneficiaries of the payments related to the affected programmes or funds. The Commission shall take into due account the information and guidance referred to in paragraph 2 when assessing the proportionality of the measures.
Amendment 110 #
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 proposaladopt a decision for an implementing act on the appropriate measures to the Councilby means of an implementing act.
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and the Council a proposal to transfer to a budgetary reserve an amount equivalent to the value of the measures adopted.
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6b. By way of derogation from paragraphs 4 and 6 of Article 31 of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, paragraph 8 of Article 31 of the Financial Regulation shall apply.
Amendment 114 #
Proposal for a regulation
Article 5 – paragraph 6 c (new)
Article 5 – paragraph 6 c (new)
6c. The decision shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within the period referred to in paragraph 6b.
Amendment 120 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 122 #
Proposal for a regulation
Article 5 – paragraph 8 a (new)
Article 5 – paragraph 8 a (new)
8a. Throughout the period of application of the measures, the Commission shall actively monitor whether the legal entitlements of final recipients or beneficiaries are being respected. The Commission shall also facilitate the submission to it of complaints from final recipients or beneficiaries where they consider their legal entitlements are not being respected. Where the Commission finds that the Member State or the government entity concerned fails to fulfil its legal obligation to make payments, and the legitimate interests of final recipients or beneficiaries are not being respected, it shall take any appropriate measures to assist those final recipients or beneficiaries in enforcing their claims.
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assess the situation in the Member State concerned within an indicative time limit of one month, and in any case within a reasonable timeframe from the date of reception of the formal notification. Once 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. , without delay, adopt a decision lifting those measures in full or in part. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and to the Council a proposal to lift in full or in part the budgetary reserve referred to in Article 5(6a).The procedure set out in paragraphs 2, 4, 5, 6, 6b and 76c of Article 5 shall apply.
Amendment 127 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall immediately inform the European Parliament of anyEuropean Parliament may invite the Commission for a structured dialogue on the measures proposed or adopted pursuant, having regard to Articles 4, 5 and 56, including on the issue of the protection of final beneficiaries.