388 Amendments of Katarina BARLEY
Amendment 1 #
2023/2068(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), and in particular Articles 1, 7, 20, 21, 223, 25, and 236 thereof,
Amendment 13 #
2023/2068(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the Council of Europe´s Commission Against Racism and Intolerance (ECRI) General Policy Recommendation No 15 on combating hate speech, adopted on 8 December 2015,
Amendment 71 #
2023/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Member States do not address hate speech and hate crime in the same way in their respective criminal laws, which makes it difficult to defineleaves certain groups with insufficient protection in some parts of the Union and creates the need for a common European strategyapproach to combat ithate speech and hate crime;
Amendment 78 #
2023/2068(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework only covers hate speech and hate crimes on the grounds of race, skin colour, religion and national or ethnic origin; whereas there is a clear need to effectively address hate speech and hate crimes based on other grounds, such as sex, sexual orientation, gender, age and disability, or any other fundamental characteristic, or a combination of such characteristics;
Amendment 98 #
2023/2068(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the fundamental rights that isare protected in the fight against hate speech and hate crime isare foremost human dignity and non-discrimination; whereas such protection should be universal; whereas protection against intolerance, be it racial, national origin, sexual orientation, religion, ideology, age, opinion or any other personal, physical or social condition or circumstance, whatever its form of expression, must not be limited to certain grounds or motivations;
Amendment 102 #
2023/2068(INI)
Motion for a resolution
Recital L
Recital L
L. whereas social dynamics change and can generate new motivations for hate speech and hate crime that have to be addressed by the common EU framework; and thus require an expansion of Art. 83 para 2 TFEU, that allows the co- legislators to cover all forms of hate;
Amendment 133 #
2023/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that Member States’ criminal laws deal with hate speech and hate crime in different ways, that minimum rulesharmonization exist only when such crimes are based on race, skin colour, religion or national or ethnic origin, which makes it difficult to implement a successful common strategy to effectively combat hatred;
Amendment 137 #
2023/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly regrets that almost two years have passed since the publication of the Commission communication and that no progress has been madeCouncil made no progress on it, while it was able to swiftly extend the list of EU crimes for other purposes;
Amendment 143 #
2023/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 150 #
2023/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Member States to agree withsupport the draft decision or at least not to oppose its adoption;
Amendment 184 #
2023/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to take additional measures inll means at its disposal to countering the dissemination of illegal hate speech in online content on, particularly taking into account of the impact of the multiplier effect of the online environment and social media on revictimisation;
Amendment 206 #
2023/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to establish adequate data collection systems for obtaining solid and, homogenous data onand anonymous data on hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to assess the impact that policies and regulations have on the fight against hate speech and hate crimes;
Amendment 52 #
2023/2028(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights, as set out in Article 2 TEU and the Charter; whereas these values should be shared by Member States and should be upheld and actively promoted by the EU and Member States in their internal and external action; whereas in recent years some Member States have shown worrying decline in respect for those values; ;
Amendment 62 #
2023/2028(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media freedom, pluralism, independence and the safety of journalists are crucial components of the right of freedom of expression and information and are essential to the democratic functioning of the EU and its Member States; whereas in recent years, journalists and media actors in Europe and abroad have increasingly come under threat, particularly when focussing on the misuse of power, corruption, fundamental rights violations and criminal activities;
Amendment 64 #
2023/2028(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas government bodies in some Member States and third countries have used Pegasus and other surveillance spyware against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors, for political and even criminal purposes; whereas such practices are extremely alarming and underscore the risk of abuse of surveillance technologies to undermine fundamental rights and democracy;
Amendment 70 #
2023/2028(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Court of Justice recalled25a that the right to freedom of association enshrined in Article 12(1) of the Charter is one of the essential bases of a democratic and pluralist society, as it allows citizens to act collectively in fields of mutual interest and in doing so to contribute to the proper functioning of public life; whereas increasingly violent attacks against the right to assembly and association through the disproportionate use of force against peaceful demonstrators have been reported in some Member States; _________________ 25a Commission v. Hungary (Transparency of association), Case C- 78/18, EU:C:2020:476
Amendment 72 #
2023/2028(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas some Member States imposed restrictions with the deliberate aim of limiting civic space; whereas the civic space in many Member States faces legal, administrative, and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs, activists and human rights defenders and draining their capacity to carry out their legitimate work;
Amendment 74 #
2023/2028(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, in March 2023, the Council of Europe Commissioner for Human Rights assessed situation of human rights defenders in Europe as having deteriorated alarmingly, and governments increasingly tend to disregard their human rights commitments, prioritising national security and public safety concerns over human rights; whereas the Commissioner , reported increasing restrictions on their ability to work freely and safely, as well as various forms of reprisals, including judicial harassment, prosecution, abusive controls and surveillance, smear campaigns, threats and intimidation in Member States and neighbouring countries; whereas this undermines democracy, and is part of a wider problem of polarisation in society characterised by increasing expression of hate and violence against different social or minority groups;
Amendment 75 #
2023/2028(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas journalists, media outlets and bloggers, human rights defenders, as well as civil society organizations, activists, trade unions, artists, researchers, whistleblowers, and politicians increasingly face threats, harassment, abusive lawsuits, and other forms of intimidation on account of their engagement in public participation;
Amendment 77 #
2023/2028(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there have been multiple incidents of migrant deaths and human rights violations at European borders due to ineffective management and disproportionate use of force by the authorities; whereas the Court of Justice recalled that third country nationals can only be imprisoned when there is a specific legal basis to restrict their right to liberty and not when there is only a general criterion25b; _________________ 25b [1] Judgment of the Court (Second Chamber) of 6 October 2022. I. L. v Politsei- ja Piirivalveamet
Amendment 79 #
2023/2028(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there has been an organised backlash against women’s and girls’ rights in recent years, where some Member States have sought to roll back on sexual and reproductive health and rights, such as existing legal protections for women’s access to abortion care; whereas in some Member States the denial of safe and legal abortion has led to the death of a number of women in recent years; whereas the prevalence of gender-based violence, including sexual violence and rape remains, high across the European Union; whereas some Member States have still not ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention);
Amendment 83 #
2023/2028(INI)
Motion for a resolution
Recital H
Recital H
H. whereas FRA survey data show that the prevalence of discrimination on the grounds of racial or ethnic origin (including Roma, Muslims, jewish people and people of African descent) remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole;
Amendment 89 #
2023/2028(INI)
Motion for a resolution
Recital I
Recital I
I. whereas discrimination and violence against LGBTIQ+ people across the EU persists; whereas LGBTIQ+ persons still face discrimination and exclusion in several Member States regarding social protection, social security, access to healthcare, education, legal protection and access to and supply of goods and other services which are available to the public, including housing; whereas CJEU case law which protects social rights and the private life of same- sex couples and children born to same-sex parents is not being implemented, such as the Coman case (C-673/16) and Baby Sara case (C-490/20); whereas surgeries and medical treatments are performed on intersex children without their prior, personal, full and informed consent; whereas intersex genital mutilation can have lifelong consequences, such as psychological trauma and physical impairments;
Amendment 92 #
2023/2028(INI)
Motion for a resolution
Recital J
Recital J
J. whereas incidents of hate speech have steadily increased within the EU over the last few years26 , largely due to the increasing numbers of social media users and the fact that hate speech thrives online; whereas hate speech can lead to hate crime; whereas according to the FRA, up to nine in ten hate crimes and hate-motivated attacks in the EU are not reported and are therefore not sanctioned; _________________ 26 At a glance briefing ‘Combating hate speech and hate crime in the EU’, European Parliamentary Research Service, June 2022.
Amendment 95 #
2023/2028(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the EU is based on the promotion of social, cultural and economic rights; whereas the number of people still living in poverty in the EU is high, with more than one in five children at risk of poverty and almost one European out of four is at risk of poverty or social exclusion; whereas the poverty cycle exacerbates other inequalities such as a person’s access to education, health and employment particularly when there is a shortage of funding to provide access to services such as affordable housing; whereas the energy crisis and inflation increased the number of people affected by insecurity, poverty and social exclusion;
Amendment 97 #
2023/2028(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the EU accession to the European Convention on Human Rights (ECHR) is an obligation under Article 6(2) TEU and remains a high priority; whereas it is part of a broader prospect for an enhanced protection of fundamental rights, democracy and the rule of law in the EU; whereas Member States and EU institutions and bodies including the European Court of Justice, the Fundamental Rights Agency of the EU (FRA) and the European Public Prosecutor’s Office (EPPO) have all a crucial role to play in upholding EU values and fundamental rights;
Amendment 106 #
2023/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. SRecalls the importance of free media in upholding democracy, in holding public and private institutions to account and in allowing citizens to access balanced information; strongly condemns that in 2022 another global record for the number of imprisoned journalists was set; calls for a swift agreement on the anti- SLAPP directive, which should offer substantive and broad protection against abusive lawsuits;
Amendment 108 #
2023/2028(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates its concern for the abuse of fundamental rights in regards to the use of Pegasus and equivalent spyware for political purposes; underlines that the illegitimate use of spyware by national governments directly and indirectly affects the Union institutions and the decision making process, thus undermining the integrity of European Union democracy, and highlighting the urgency for greater transparency and legal accountability of the surveillance industry; calls on the Member States to put in place a conditional moratorium on the sale, acquisition, transfer, and use of spyware technologies, until a human rights-compliant regulatory framework will be in place; calls for a swift adoption of a strict human-rights-compliant regulatory framework at EU level for the trade in and use of spyware;
Amendment 112 #
2023/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. IStresses that corruption is incompatible with the values of democracy and rule of law, as it deepens inequalities and erodes citizen’s trust in good governance; is deeply concerned by the increasing level of corruption in certain Member States, in particular of cases involving high-level officials and politicians; is concerned about the varying levels of implementation of the EU anti- corruption framework in Member States;
Amendment 114 #
2023/2028(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that judicial independence and effective checks and balances, which can vary from one Member State to another, are key components of the rule of law; condemns any attempts by Member State governments to exert political influence on or control over the independent decision-making of the judiciary directly or by organisational means; supports the creation of an EU strategy to ensure concrete and coordinated action at the EU level, including through the creation of a protection mechanism for human rights defenders within Europe, building on the examples in EU foreign policy, to ensure prevention, direct assistance and accountability;
Amendment 121 #
2023/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the use of the Recovery and Resilience Facility and the horizontal enabling conditions for the freezing of EU funding to fight corruption and rule of law backsliding in Member States; stresses that funds restricted through different conditionality measures must only be released when key rule of law, corruption and human rights concerns are genuinely and adequately addressed; urges Member States to complete appropriate measures to reach the milestones set out in their respective Recovery and Resilience Plans; calls on the European Council to determine whether Hungary has committed serious and persistent breaches of EU values under Article 7(2) TEU;
Amendment 132 #
2023/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the increasing threats to the freedoms of association, speech and assembly; reiterates that the right to peaceful assembly can be restricted only when provided for by law and if necessary and proportionate to protect a general interest recognised by the Union or the rights and freedoms of others; condemns the use of violent and disproportionate intervention by law enforcement during peaceful protests;
Amendment 137 #
2023/2028(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that in order to ensure the right to freedom of expression and information, which is foundational for any democracy, information must be universally accessible and diverse, and underscores that artistic freedom must be guaranteed; stresses that disinformation can be highly disruptive for the functioning of democratic societies, economies and political systems; reiterates its suggestion to establish a sanction regime to tackle disinformation from malicious foreign powers, in particular with a view to the upcoming European elections; underlines that an independent and pluralistic media landscape is indispensable to effectively counter disinformation and propaganda and therefore must be promoted, including through effective action against media concentrations and through the empowerment of independent media in the online environment; notes that the political independence of media regulation and oversight by Member States and the Commission, the protection of editorial independence throughout the Union, as well as the protection of journalists from surveillance and the protection of journalistic sources are of paramount importance;
Amendment 143 #
2023/2028(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the crucial role of civil society organisations (CSOs) in promoting active citizenship, fundamental rights and democratic participation in Europe; calls for a Commission strategy and common rules in all Member States to promote a regulatory and political environment free from chilling effects, threats and attacks, and to provide CSOs with a sustainable and non-discriminatory access to resources and support their engagement in civil dialogue and participation in policy making;
Amendment 146 #
2023/2028(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that under Article 6 of the Charter, everyone has the right to liberty and security, which means that everyone within the Union should be protected from unlawful and arbitrary arrest; calls on Member States to follow the Commission recommendation on procedural rights of suspects and accused persons in order to improve detention conditions and thus ensure a higher protection of the right to liberty and security;
Amendment 148 #
2023/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns the rise in antisemitic, anti-Islamic and racist incidents in the EU; recalls that under Article 10 of the Charter everyone has the right to freedom of thought, conscience and religion; deplores that incidents of discrimination, racist and xenophobic crimes are often not reported to the authorities, which leads to de facto impunity; regrets that not all Member States have fully transposed the framework decision on anti-racism and xenophobia;
Amendment 155 #
2023/2028(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that the datafication of everyday life and data scandals mean that the right to the protection of personal data is of growing importance; reiterates its concerns about the uneven application of the General Data Protection Regulation; supports the current legislative process on a European regulatory framework on Artificial Intelligence providing for strong fundamental rights safeguards by banning intrusive and discriminatory uses of AI systems such as biometric surveillance, emotion recognition and predictive policy AI systems;
Amendment 159 #
2023/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders, including arbitrary detention, inhumane living conditions and lack of access to health care, unlawful returns, and violent pushbacks; condemns laws in Member States that undermine the effective protection of human rights of refugees, asylum seekers, and migrants on the land and at sea; highlights that almost a third of asylum seekers are children and reiterates that immigration detention of children should not be permitted;
Amendment 166 #
2023/2028(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Strongly deplores the numerous deaths of refugees and migrants at sea; calls urgently for permanent coordinated search and rescue operations and for Member States to take every possible action to save the life of people at risk at sea;
Amendment 174 #
2023/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. DCalls on the Commission to ensure that the right of non-discrimination and equal treatment is respected across the EU; deplores that the proposal on the horizontal anti-discrimination directive has remained blocked in the Council for 14 years;
Amendment 180 #
2023/2028(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that gender-based violence is highly prevalent in all Member States across the Union; condemns the backsliding on women’s rights in some Member States, particularly the denial of access to safe and legal abortion; highlights that the ECtHR has ruled that restrictive abortion laws and lack of implementation violates a woman’s right to bodily autonomy and integrity; reiterates its condemnation of Poland’s law which imposes a near total ban on abortion; recalls that citizens who help those to access abortion when it is not freely and legally available should not be persecuted; reiterates its call on the Commission to include the right to abortion in the Charter of Fundamental Rights; welcomes the Commission’s proposal for a Directive to combat Violence Against Women and Domestic Violence; highlights that such Directive should guarantee obligations laid down in the Istanbul Convention as a minimum standard and aim to strengthen these standards to increase the level of protection; welcomes the EU´s accession to the Istanbul Convention;
Amendment 190 #
2023/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that hate crimes and hate speech motivated by racism, xenophobia, religious intolerance or a person’s disability, sexual orientation, gender identity, gender expression and sex characteristics are extreme examples of discrimination; notes that EU Member States have a duty to combat and investigate hate crime, punish perpetrators and take preventive measures; stresses the need for appropriate recording of hate crimes by law enforcement authorities to better understand the nature and prevalence of the phenomenon and its impact on victims;
Amendment 194 #
2023/2028(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission’s initiative to extend the list of EU crimes in Article 83(1) TFEU to hate speech and hate crimes, highlighting the need to ensure a robust EU criminal law response to hate speech and hate crime on all grounds; deplores the delayed approval of the initiative, and reiterates its call on the Council to work diligently towards a consensus;
Amendment 195 #
2023/2028(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to effectively monitor the implementation of the measures contained in the various equality strategies, such as the EU LGBTIQ+ Equality Strategy 2020-2025, the EU Gender Equality Strategy 2020- 2025, the Strategy on Roma Equality and Inclusion, as well as the EU anti-racism action plan 2020-2025; urges the Member States to swiftly draw up and implement national action plans against racism (NAPAR); demands the full implementation and enforcement of existing EU law, including the Racial Equality Directive and the Framework Decision on combating racism and xenophobia;
Amendment 197 #
2023/2028(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Deplores that discriminatory profiling practices by police persists in the European Union; is deeply concerned about cases of police violence against racialized people in several Member States; calls on the Member States to ensure that people have access to independent and well-functioning police complaints mechanisms capable of launching investigations into cases of police violence, misconduct and abuse and to safeguard the rights of people to document these cases;
Amendment 203 #
2023/2028(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. 22. Welcomes the Commission’s proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood to protect the rights of all children by ensuring that their parental ties established in one Member State are recognised in all EU Member States;
Amendment 208 #
2023/2028(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights; highlights the particular vulnerability of children and the impact that poverty has on them and on their physical and psychological development; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, paying particular attention to children;
Amendment 212 #
2023/2028(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Council Recommendation of 30 January 2023 on adequate minimum income27 ensuring active inclusion as a step forward in implementing principle 14 of the European Pillar of Social Rights; regrets however the lack of concrete measures to overcome structural discriminatory and biased approaches towards vulnerable groups such as women, racialized minorities, Roma, and refugees; calls on the Member States to collect data on minimum income disaggregated for these groups; _________________ 27 OJ C 41, 3.2.2023, p. 1.
Amendment 214 #
2023/2028(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that digitalisation is a transversal process that impacts access to all services, particularly healthcare, and the exercise of fundamental rights; underlines that digital poverty in the EU should be monitored and assessed in relation to access to essential services and fundamental rights, including for elderly people, people living in situations of homelessness, people living in remote areas and Roma people25a; _________________ 25a https://www.eapn.eu/wp- content/uploads/2023/02/eapn-EAPN- Report-2022_Equal-access-to-affordable- quality-essential-services-5639.pdf
Amendment 217 #
2023/2028(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that housing is not a commodity, but a necessity, and is a precondition for participating fully in society; calls on Member States to step up investment in social and affordable housing to eradicate the burden of high housing costs, particularly among disadvantaged and vulnerable groups, and to avoid competition between these groups;
Amendment 221 #
2023/2028(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the recognition of the universal right to access to a healthy and sustainable environment by the UN Human Rights Council on 8 October 2021; notes that according to the European Environment Agency, 307,000 premature deaths resulted from exposure to fine particulate matter air pollution in the Union in 2019 alone; recalls the need for full alignment of the EU ambient air quality standards with the latest WHO guidelines by 2030;
Amendment 222 #
2023/2028(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the progress made since the resumption of the negotiations towards EU accession to the ECHR in June 2020 and the provisional agreement on the draft revised accession instruments reached in March 2023; calls on the Commission and the Council to resolve the remaining issue on the situation of EU acts in the area of the Common Foreign and Security Policy as swiftly as possible in order to complete the accession process;
Amendment 225 #
2023/2028(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Supports the FRA’s work on analysing data in order to document discrimination and welcomes further developments in this field; calls on national bodies cooperating with FRA to provide impartial data; calls on the FRA to consult additional sources when serious concerns persist on the quality of data; welcomes the Commission’s proposals for two directives on standards for equality bodies, aiming to ensure better implementation and enforcement of EU anti-discrimination rules;
Amendment 226 #
2023/2028(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States, the European Anti-Fraud Office and the European Public Prosecutor’s Office; calls on the Commission to present a report assessing the possibility and modalities to extend the mandate of the EPPO, as provided for in Article 86 TFEU, to include serious environmental crimes that are detrimental to the interests of the Union or affect the consistent application of EU policies related to the protection of the environment;
Amendment 227 #
2023/2028(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls to establish the FRA as an independent human rights authority, similar to national human rights institutions and in line with the UN General Assembly’s Paris Principles of 1993, to protect and promote the Charter policies and practices from Union institutions, bodies, offices and agencies, and from Member States when implementing Union law; considers that this requires a legal basis in the Treaties for the setting up of a European Union Authority for Fundamental Rights, enshrining its independence and introducing the ordinary legislative procedure for adopting and amending its mandate; calls to entitle this new Authority to bring actions under Article 263 TFEU on grounds of infringement of the Charter; calls to include in its mandate the power to handle complaints and mandatory consultation by the Commission of the FRA when preparing proposals for legislative acts or recommendations which have an impact on fundamental rights;
Amendment 228 #
2023/2028(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the relevant CJEU case-law upholding the respect for fundamental rights and further defining the rule of law; is concerned by the persistent refusal of some Members States, notably Hungary and Poland, to implement domestic, CJEU and ECtHR judgements, which contributes to the erosion of the rule of law; stresses that the non-implementation of judgments can lead to human rights violations being left without remedy; highlights that the primacy of EU constitutes the bedrock of the EU’s legal order; deplores that Poland undermines the primacy of EU law in order to avoid compliance with judgements of the CJEU;
Amendment 8 #
2022/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Expresses its concerns over current legislative processes in the UK that would put these conditions at risk, namely the Retained EU Law Bill, the Bill of Rights Bill and the Data Protection and Digital Information Bill;
Amendment 35 #
2022/0117(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association (Article 12), freedom of the arts and sciences (Article 13), and to an effective remedy and to a fair trial (Article 47).
Amendment 50 #
2022/0117(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to provide protection to natural and legal persons who engageing in public participation on matters of public interest, in particular journalists, media organizations, and human rights defenders, against court proceedingincluding civil society, non-governmental organisations and trade unions, as well as researchers, academics or artists and whistleblowers, against lawsuits, which are initiated against them, as well as the threats thereof, to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 57 #
2022/0117(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Investigative journalists and media organisations in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest.
Amendment 66 #
2022/0117(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refers to individuals, groups, or organisations engaged in defending fundamental rights and a variety of other rights, such as civil, political, economic, social, cultural, environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights, trade union rights, or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection.
Amendment 70 #
2022/0117(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Other participants in public debate, such as academics and researchers as well as individual persons, such as artists and whistleblower, also deserve adequate protection, since they are also targeted by SLAPPs.
Amendment 77 #
2022/0117(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defenders from court proceedingnatural and legal persons engaging in public participation from lawsuits against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using harassment and intimidation.
Amendment 83 #
2022/0117(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Court proceedingLawsuits against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders andnatural and legal persons engaging in public participation. The negatively affect their credibility and reputation, exhaust their financial and other resources, as well as cause them psychological harm. Because of such proceedinglawsuits, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on jonaturnalists and human rights defenderslegal persons engaging in public participation. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.
Amendment 87 #
2022/0117(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Those targeted by court proceedinglawsuits against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictions. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedinglawsuits against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. Such practices also place unnecessary and harmful burdens on national court systems and lead to a misuse of their resources.
Amendment 89 #
2022/0117(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their direct or indirect engagement in public participation. They should also protect natural or legal persons who, either on a professional or on a personal basis, support, assist or provide goods or services to another person for purposes directly linked to public participation on a matter of public interest. This involves for example internet providers, publishing houses or print shops, which face or are threatened with court proceedings for providing services to the person targeted with court proceedings.
Amendment 90 #
2022/0117(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive also aims at discouraging pre-trail procedures, such as warning letters and cease-and-desist declarations, that are used to silence natural and legal persons engaging in public participation. By giving natural and legal persons engaging in public participation the tools to fight such claims in court effectively, the Directive also helps to prevent such intimidation tactics.
Amendment 92 #
2022/0117(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should apply to any type of legal claim or action of a civil or commercial nature with cross-border implications whatever the nature of the court or tribunal. This includes civil claims brought in criminal proceedinglaims in expedite procedures, such as injunctions. It also includes civil claims brought in criminal proceedings, as they are in essence civil, not criminal claims. It also includes interim and precautionary measures, counteractions or other particular type of remedies available under other instruments.
Amendment 96 #
2022/0117(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of current or future public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. ItFuture public interest refers to the fact that a matter may not yet be of public interest, but may become so once the public becomes aware of it for example through a publication or individual complaint. Public participation can also include activities related to the exercise of the right to academic freedom, freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 100 #
2022/0117(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question. Such activities should directly concern a specific act of public participation or be based on a contractual link between the actual target of SLAPP and the person providing the preparatory, supporting or assisting activity. Bringing claims not against a journalist or a human rights defender, but against the media organization, e.g. internet platform on which they publish their work or against the company printing a text or a shop selling the text, can be an effective way of silencing public participation, as without such services opinions cannot be published and thus cannot influence public debate.
Amendment 104 #
2022/0117(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services, including the conditions under which these are produced, where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards, labour rights, consumer rights or human rights, including the principle of non- discrimination.
Amendment 108 #
2022/0117(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shoppinglawsuits are characterized by their main purpose to prevent, restrict or penalize public participation or aim to achieve a chilling effect on public participation in the matter at stake; they thus constitute an abuse of substantive or procedural laws. It is a general principle of law, which rights may not be exercised in an abusive way; established i.e. in Article 54 Charter and Article 17 ECHR. The abusive nature of a lawsuit is to be deducted from a totality of the circumstance of the lawsuit. Abusive lawsuits typically involve litigation tactics such as exaggerated or excessive claims, requesting obviously disproportionate prior restraint measures, delaying proceedings, initiating multiple proceedings on similar matters, causing disproportionate costs to the defendant in the proceedings or forum shopping. The extent to which a lawsuit is manifestly unfounded is another indicator for its abusiveness. The past conduct of the claimant and, in particular, any history of legal intimidation should also be considered when determining whether the lawsuits are abusive in nature. A previous early dismissal of a similar claim as abusive should be a prima facie indictor for abusiveness. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.
Amendment 114 #
2022/0117(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Lawsuits under this Directive entail all proceedings before a court or tribunal in civil matters, including injunctions.
Amendment 118 #
2022/0117(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and damages, a request for an early dismissal of manifestly unfounded court proceedingabusive lawsuits, a request for remedies against abusive court proceedinglawsuits (award of costs, compensation of damages and penalties), or all of them at the same time.
Amendment 121 #
2022/0117(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Proceedings against public participation exposes those targeted to high financial and psychological harm, while confronting them with the need to establish often hard to prove facts like the abusive nature of a lawsuit. In such situation, the defendants should have the right to avail himself of all support necessary to alleviate his burden and make his case. This includes, but is not limited to, the support and providing of information. The defendant should have the right to seek such support from any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation. This encompasses i.e. journalists and academics as well as non-governmental organisations, professional and representative associations, trade unions and other collective bodies acting in the interest of the defendant or with particular knowledge of the claimant, particularly his engagement against public participation.
Amendment 129 #
2022/0117(COD)
Proposal for a directive
Recital 30
Recital 30
(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestly unfoundedabusive. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation todefendant has to prove that the claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissalconcerns public participation and show a prima facie case for abusiveness.
Amendment 142 #
2022/0117(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) This directive is not intended to solve all SLAPPs being deployed against persons engaging in public participation. Particular focus should be drawn in the future to the abuse of the criminal law system as well as the administrative law system. In particular, the offence of defamation posed particular dangers of being misused as basis for SLAPPs. The Commission and Member States should work on solutions to address these dangers.
Amendment 151 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedingabusive lawsuits in civil matters with cross- border implications brought against natural and legal persons, in particular journalists and human rights defenders, on account of their engagement in public participation.
Amendment 157 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information, academic freedom, freedom of the press, freedom of association and assembly, the right of collective bargaining and action on a matter of public interest, and. It includes any preparatory, supporting or assisting action directly linked thereto. Thi, in particular the work of media organizations. Covered activities includes complaints, petitions, administrative or judicial claims and participation in public hearings;
Amendment 162 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) fundamental and human rights, public health, safety, the environment, or the climate or enjoyment of fundamental rights;
Amendment 165 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) matters under public consideration or reviewunder consideration by a legislative, executive, or judicial body, or any other public official proceedings as well as actions or inactions by government bodies;
Amendment 168 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud or criminalityembezzlement as well as sexual harassment and gender based violence or any other criminal or administrative offence;
Amendment 179 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedinglawsuits against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:
Amendment 183 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) the existence of multiple ongoing or previous proceedings initiated by the claimant or associated parties in relation to similar mattersmatters of public participation;
Amendment 185 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) intimidation, harassment or threats on the part of the claimant or his or her representatives.;
Amendment 186 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) the use of litigation tactics that inflict unreasonable costs on the defendant, including by the choice of jurisdiction or deployment of dilatory motions;
Amendment 192 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) a previous early dismissal of a similar claim as abusive.
Amendment 196 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that when court proceedinglawsuits are brought against natural or legal persons on account of their engagement in public participation, those persons can apply for:
Amendment 199 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingsuch lawsuits in accordance with Chapter III;
Amendment 200 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) remedies against abusive court proceedingsuch lawsuits in accordance with Chapter IV.
Amendment 202 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States mayshall provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio. Member States shall ensure, that the court or tribunal seized of the matter must take measures under Article 8, 14 and 15 ex officio.
Amendment 206 #
2022/0117(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 209 #
2022/0117(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisationsthe person engaged in public participation has the right to have, subject to her or his approval, any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation may take part in thoseany proceedings, either in support of the defendant covered under this directive, either in support of the person engaged in public participation or to provide information.
Amendment 213 #
2022/0117(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Third party representation Member States shall take the necessary measures to ensure that in any proceedings covered under this directive the defendant has the right to have, subject to her or his request, a body, organisation or association act on her or his behalf.
Amendment 217 #
2022/0117(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 219 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedinglawsuits against public participation as manifestly unfoundedabusive as defined in Article 3 para. 3.
Amendment 223 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may establish time limits for the exercise of the right to file an application for early dismissal. The time limits shall be proportionate and not render such exercise impossible or excessively difficultThe defendant can move for early dismissal at any stage of the proceedings.
Amendment 231 #
2022/0117(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to prove that the claimwsuit is not manifestly unfoundedabusive.
Amendment 245 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive by [53 years from the date of transposition] and thereafter on an annual basis. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, submit to the European Parliament and the Council an annual report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedinglawsuits against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive. Those reports shall be made public.
Amendment 248 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
The Commission shall, based on the application of this Directive on SLAPPs in civil claims brought in criminal proceedings and based on other available information, assess if further action against SLAPPs in criminal proceedings is necessary.
Amendment 4 #
2021/2180(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the judgments of the CJEU on 16 February 2022 in cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council on the measures for the protection of the Union budget,
Amendment 22 #
2021/2180(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights,
Amendment 89 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, in certain Member States, journalists are increasingly subject to threats and attacks, in particular when investigating crime and corruption; whereas independence of media from political interference continues to be under threat in several Member States, including through the use of spyware tools by certain Member States to target journalists, opposition politicians and activists; whereas these unacceptable developments may have a chilling effect on the freedom of speech and freedom of the press and may not be allowed to set precedent both within the EU and towards EU candidate and potential candidate countries;
Amendment 139 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time should be devoted to the Commission’s country visits, including on site; takes note of the country-specific discussions under the framework of the Commission’s annual rule of law report during each Council Presidency; suggests to focus these discussions on the Member States with the most pressing rule of law issues to be discussed in the first place, instead of in alphabetical order; emphasises that increased transparency would enhance the rule of law dialogue within the EU and therefore invites the Council to make these country-specific discussions public, including detailed public conclusions;
Amendment 186 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted in fast track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 191 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; stresses that internal rule of law deficiencies may have a detrimental effect on the credibility of the EU’s foreign policy, in particular towards its immediate neighbourhood and candidates and potential candidates for EU membership;
Amendment 192 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; highlights that the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons.
Amendment 196 #
2021/2180(INI)
8. Commends the effort of the 2021 report to compare the situation with that of the 2020 report; believes that it is necessary to identify clearly positive and negative trends as regards the rule of law situation and provide an analysis of the underlying reasons for that; invites the Commission to include an assessment of all rule of law measures implemented in the previous year, accompanied by an analysis of their effectiveness and possible avenues for improvement;
Amendment 200 #
2021/2180(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the 2021 report could have provided clearer assessments, stating whether there were deficiencies, a risk of a serious breach or an actual breach of Article 2 TEU values in each of the pillars analysed in the country chapters; calls for a more integrated analysis on the interlinkages between the four pillars and of how combined deficiencies may amount to breaches or risks of a breach; emphasises that the annual Commission report should not merely be a description of previous events, but instead an analytical and prescriptive instrument in order to fulfil its preventive and mitigative purposes;
Amendment 207 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with binding deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendations; and, in addition, to submit a mid-year evaluation report on the progress made in this regard to the Parliament;
Amendment 218 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission indicate next to each of its recommendations the appropriate tools for the EU institutions to use if the shortcomings are not remedied; calls on the Commission not to hesitate in using those tools, especially when there is no trust in a quick implementation of the recommendations or a risk of further deterioration;
Amendment 226 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the fact that both the 2020 and the 2021 reports fails to fully encompass the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding on the rule of law; reiterates the intrinsic link between the rule of law, democracy and fundamental rights;
Amendment 228 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reaffirms the fact that EU law has primacy over national law, regardless of the way in which national justice systems are organised; deplores the serious and structural problems regarding judicial independence in certain Member States; invites the Commission to include strong binding recommendations in its 2022 report in order to ensure the independence of the judiciary in any EU Member State;
Amendment 232 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that media freedom and plurality are essential to democracy; is alarmed by the increasingly hostile environment in which media are operating inside many EU Member States, characterised by a high amount of violent incidents and threats against journalists, oppressive strategies by EU governments such as the use of strategic lawsuits against public participation (SLAPPs) and smear campaigns, and increasing state control over public media; stresses that the COVID-19 pandemic has further exacerbated challenges already faced by media operators; regrets that the 2021 report does not reflect the gravity of these trends, especially related to state control, strategic lawsuits and smear campaigns by certain EU Member States; urges the Commission to improve the media related chapters in this regard, to introduce EU legislation against the use of SLAPPs establishing minimum standards and to present an ambitious legal framework to counter the growing politicisation of the media in certain Member States in the upcoming Media Freedom Act; calls on the Commission to explore possibilities for additional and more flexible funding for independent, investigative journalism in the EU;
Amendment 235 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Stresses that media freedom is closely related to artistic and academic freedom; underlines that the independence of education systems is under threat when the autonomous organisational structure of its institutions is not secured; calls, therefore, on the Commission to include all aspects of freedom of expression in its rule of law report;
Amendment 236 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Welcomes the fact that many EU Member States are among the world’s best performers in the fight against corruption according to the 2020 Corruption Perception Index, as mentioned by the Commission report; is, however, deeply worried by the fact that there is significant difference among the individual Member States with the best performing ones placed at first place and the worst performing ones ranked at 78th place; regrets the strong deterioration observed in some other Member States and the continued emergence of corruption cases involving high level officials; reiterates that the existence of national anti-corruption strategies can only be considered successful once their implementation has been effectively carried out; recalls the need to establish a regulatory framework that allows for a definition of the crime of corruption that is uniform and shared at European level; urges the Commission to update and enhance the EU anticorruption policy and instruments and ensure the proper implementation and enforcement, in order to provide for commons standards and benchmarks as a precondition for strengthening the mutual trust and sincere cooperation; reminds the importance for EU Member States to engage with EPPO and support actively its tasks;
Amendment 237 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Underlines that fair and free elections are among the absolute minimum standards for a functioning democracy and that every election process in the EU should be without any irregularities; urges the Commission to take all measures necessary once the risk of manipulation of elections in an EU Member State is identified; stresses that in case of the observation by the OSCE that elections have not taken place in a fair and free manner, strong consequences must be attached to this under the Article 7 Procedure;
Amendment 247 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+Q persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 252 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses particular concern about continued and systematic attacks on the fundamental rights of LGBTI+ persons, reinforced by the deterioration of the rule of law in several EU Member States; regrets that this development is not consistently reflected in the Commission’s rule of law report; calls on the Commission to systematically address this issue in all relevant country reports and the synthesis report;
Amendment 253 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights;
Amendment 255 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls the strong impact of measures related to the COVID-19 pandemic on the EU’s rule of law environment and fundamental rights, in particular in the area of justice, corruption and media freedom; stresses that monitoring of the use and proportionality of these measures should be continued until all measures are lifted without any exceptions; notes in this regard the risk of misuse of funds out of the EU Recovery and Resilience Facility; reiterates that these funds can only be distributed once these concerns have been fully addressed;
Amendment 264 #
2021/2180(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; calls on the Commission to organise the consultation of stakeholders through a transparent process, based on clear criteria; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 268 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 274 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holidays; invites the Commission to introduce the opportunity of year-round consultation for civil society instead of focusing mainly on time-limited calls for input; calls on the Commission to allow multilingual submissions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 307 #
2021/2180(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Strongly condemns EU Member States refusing to engage in the annual Rule of Law dialogue; considers this refusal to be enough for the Commission to accelerate and refine further the situation in these countries concerned;
Amendment 321 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; asks its Bureau, in light of the reluctancecalls ofn the Commission and the Council, to organise a public procurement procedure in order to create such a panel under the auspices of Parliament as a first step, in order to advise Parliament on compliance with Article 2 TEU values in different Member Statesto add their input as an annex to the report and include a justification of how these inputs were included in the annual report;
Amendment 334 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates that the annual report should serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU, the Rule of Law Conditionality Regulation, the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments; calls on the Commission to explicitly link these instruments to identified or possible rule of law issues in the report; calls on the institutions to activate such tools without delay;
Amendment 356 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; recalls that the applicability, purpose and scope of the Regulation are clearly defined and do not need to be supported by further explanations; condemns the Commission’s intention to still draft guidelines even after the CJEU ruling confirming the legality and validity of the Regulation; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule law;
Amendment 357 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 370 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basisat minimum once per Presidency and also address new developments; reiterates its call on the Council affecting rule of law, democracy and fundamental rights; emphasises that there is no need for unanimity in the Council in order to identify a clear risk of a serious breach of EU values under Art. 7(1), neither to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; reiterates its call on the Council to do so; insists that Parliament’s role and competences be respected;
Amendment 1 #
2021/2071(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Regrets that the Commission committed1a not to propose any measures under the regulation until it develops guidelines, whose finalisation is subject to the delivery of the judgement of the Court of Justice of the European Union in the action for annulment brought by Hungary and Poland; reminds that actions brought before the CJEU shall not have suspensory effect in accordance with the Treaties. _________________ 1aEuropean Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/4 7296/1011-12-20-euco-conclusions-en.pdf
Amendment 4 #
2021/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that the application ofcalls that the Rule of Law Conditionality Regulation , as adopted by the co-legislators, does not foresee the development of any guidelines therefore its application cannot be subject to their adoption of guidelines, and urges the Commission to avoid any further delay in its application; reminds that guidelines cannot alter, expand or narrow a regulation and that they must respect the intention of the co-legislators;
Amendment 11 #
2021/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Commission has begun toTakes note of the draft guidelines of the Commission on the application of the Regulation; requests that, if the Commission deems such guidelines necessary, Parliament be consulted prior to their adopis of the opinion that the guidelines simply repeat the provisions of the regulation, have little or no added value and merely delay the application of the regulation;.
Amendment 15 #
2021/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recallminds that any guidelines must not undermine the adopted regulationin accordance with the regulation, the Commission shall take into account relevant information when assessing the possibly breaches of the rule of law by a Member State from available sources and recognised institutions, including judgments orf the intention of the co-legislators; asks the Commission to avoid Court of Justice of the European Union, reports of the Court of Auditors, the Commission’s annual Rule of Law Report and EU Justrict or exhaustive definitions of the concepts, as this would be in contradiction with the Regulation; considers that interprete Scoreboard, reports of the European Anti-Fraud Office (OLAF) and the EuropeanPublic Prosecutor’s Office (EPPO) as relevant, and conclusions and recommendations of abstract concepts is a dynamic process which cannot be predefined in one document; believes that the guidelines should fully respect the interpretation of relevant concepts by the Court of Justice of the European Union and the Venice Commission.relevant international organisations and networks, including Council of Europe bodies such as the Council of Europe Group of States against Corruption (GRECO) and the Venice Commission, in particular its rule- of-law checklist, and the European networks of supreme courts and councils for the judiciary;
Amendment 24 #
2021/2071(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is of the view that the Commission already has reasonable grounds to consider the triggering of the procedure in accordance with Article 6(1) of the regulation; and urges the Commission to act promptly and to avoid any further delay in the application of the regulation;
Amendment 28 #
2021/2071(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. asks the Commission to include in its annual Rule of Law Report a dedicated section with an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way;
Amendment 25 #
2021/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; whereas respect of the rule of law binds the Union as a whole, its Member States and their subnational entities;
Amendment 45 #
2021/2025(INI)
Motion for a resolution
Recital F
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU, as illustrated by several cases where the European Arrest Warrant was put under a strain due to profound doubts about the independence of the judiciary;
Amendment 49 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas emergency measures taken in response to the COVID-19 pandemic have put more pressure on fundamental rights and democratic checks and balances;
Amendment 64 #
2021/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space, are all part of the Commission’s annual overview of the rule of law situation in the Member States; calls moreover for the inclusion in the annual reports of certain important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as legal safeguards to prevent arbitrariness and abuse of power by public authorities, independence and impartiality of the Bar and equality before the law and non-discrimination; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 68 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with satisfaction that the report contains country specific chapters; commends the Commission’s efforts to engage with national Governments and national Parliaments as well as civil society and other national actors; encourages the Commission to devote more efforts to deepen the country analyses with a view to better assess the severity of rule of law challenges; believes that more time should be devoted to the Commission’s country visits, including on site, in order to achieve broader engagement and dialogue with national authorities and civil society; considers that the Commission should raise greater awareness of such country visits to foster the emergence of a rule of law culture at national level;
Amendment 75 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow-up actions and remedial measures and tools; calls for a synthetic approach in the horizontal report in order to clearly identify where the most important risks and problems lie across Member States;
Amendment 79 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CallsIs concerned by the spill-over effects of the erosion of media freedom into the other areas of analysis; considers smear campaigns against judges, legal professionals and civil society organisations and, in particular, strategic lawsuit against public participation (SLAPP) actions, as a limiting factor to their independence and capacity of action; calls, therefore, for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law;
Amendment 87 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law, media freedom, check and balances or the fight against corruption in one Member State are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls for the prioritisation of these Union-wide trends, including the increasing challenges by national Constitutional Courts to the EU legal architecture, in the analysis, to be able to direct remedial action at Union level;
Amendment 99 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems and hence their capacity to provide for effective judicial protection to ensure compliance with Union law; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters to enable a dynamic and integral assessment of the independence of judicial systems, including the independence of lawyers and Bars;
Amendment 117 #
2021/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. 1. Highlights that, in accordance with Article 17(1) TEU, the Commission is to ensure the application of the Treaties and of secondary legislation, including in cases where risks of serious breaches of the values laid down in Article 2 TEU, identified in country reports, have effectively materialised following the publication of the 2020 report;
Amendment 125 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the Constitutional Tribunal's ruling regarding the primacy of national constitutional norms over EU law launched at the request of the Government of one country subject to Article 7; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU;
Amendment 140 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report since systemic corruption undermines both the functioning of the rule of law and the trust of citizens in the decisions taken by authorities, civil servants and the judiciary; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 161 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 163 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordinglyis deeply concerned at the abuses, crimes and deadly attacks being committed against journalists and media workers in the Union in view of their activities;
Amendment 177 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the report’s pillar on checks and balances, covering, inter alia, the process for preparing and enacting laws, the regime for the constitutional review of laws, the role of independent authorities and of civil society organisations in safeguarding the rule of law, and its examination of exceptional measures taken to fight the COVID-19 pandemic;
Amendment 186 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic spaceStresses the importance of a healthy civic space to counterbalance the erosion of the rule of law and foster a rule of law culture; invites the Commission to deepen the assessment of civic space in the forthcoming 2021 report; considers beneficial to explore the definition of clear benchmarks on an enabling civic space to further strengthen this area of analysis in the long run, including, among others, the enabling legal environment for the exercise of civic freedoms, the framework for civic organisations’ financial viability and sustainability, access to and participation in decision-making, the right to access to information, safe space, including as regards incidence and responses to verbal and physical attacks, smear campaigns and legal harassment including through Strategic Litigation Against Public Participation;
Amendment 191 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens’ rights and being able to defend the rule of law at national level; is deeply concerned by recent attempts in a Member State subject to Article 7(1) TEU to undermine the independence of the national Ombudsman from the executive;
Amendment 198 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets that the non- implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEU of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State, perpetuates the process of shrinking space for civil society in that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
Amendment 201 #
2021/2025(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Regrets that the report fails to recognise in clear terms the democratic backsliding and the establishment of (semi-)autocratic regimes in some Member States, based on the gradual annihilation of all checks and balances;
Amendment 207 #
2021/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. EReiterates the intrinsic link that exists between the rule of law and fundamental rights and the need to increase awareness of the values enshrined in Article 2 TEU and the Charter; encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; stresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights; insists therefore, on the link between upholding the rule of law and the right to an effective remedy before a tribunal, the right to a fair trial and the right to be advised, defended and represented, as well as the obligation to provide independent legal aid;
Amendment 210 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Strongly denounces that European and international legislation are not fully respected in some EU Member States, for example in the field of anti-discrimination or in the field of asylum, such as the non- implementation by a Member State subject to an Article 7 TEU of several CJEU and ECtHR rulings in relation to access to the asylum procedure, including the automatic and unlawful detention and the deprivation of food, thus violating the rights of migrants and asylum seekers to apply for international protection;
Amendment 212 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Underlines with concern that people in vulnerable situations, including persons with disabilities, children, religious minorities, especially in times of rising anti-semitism and islamophobia in Europe, Roma and other persons belonging to ethnic minorities, migrants, refugees, LGBTI+ persons and elderly persons, as well as women continue not seeing their rights fully respected across the Union; emphasizes the obvious link between deteriorating rule of law standards and human rights and minority rights violations in those Member States;
Amendment 224 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, equality and rights of persons belonging to minorities as part of the Union’s annual reporting mechanism;
Amendment 227 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; considers that focusing annually on a single pre-defined topic would not allow to highlight other serious violations of the Charter taking place on a given year; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
Amendment 236 #
2021/2025(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, Ombudsman and equality bodies, professional associations and other stakeholders; noteregrets that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
Amendment 244 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the processtimeframes for consultation for civil society are too short and should be more predictable; notes that organising consultations before the annual release of public statistics impoverishes contributions; calls on the Commission to allow multilingual submissions; suggests making the framework for stakeholders’ contributions less rigid;
Amendment 250 #
2021/2025(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, including through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; recalls that accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union;
Amendment 257 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Council to respond positively to Parliament’s call in its resolution of 7 October 2020 for an EU mechanism on democracy, the rule of law and fundamental rights; reiterates that such mechanism is necessary to reinforce the promotion and respect for Union values; recalls that this annual Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States; recalls that findings of relevant international bodies, such as the ones under the auspices of the UN, OSCE and the Council of Europe, are of crucial importance for the assessment of the situation in Member States; believes that the European Union Fundamental Rights Information System EFRIS is a source of information in this regard;
Amendment 261 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recommends that the Commission aligns recommendations with potentially applicable tools to remedy the identified shortcomings; calls on the Commission to better follow-up on the implementation of the country-specific chapters by the Member States concerned by activating other rule of law tools to achieve results in case of non-implementation of the recommendations; underlines the importance of identifying clear positive and negative trends in each Members State and the need to give special attention to comparisons with the reports of the respective previous year;
Amendment 265 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU in order to establish an objective and evidence-based monitoring mechanism enshrined in a legal act binding the three institutions to a transparent and regularised process, with clearly defined responsibilities, involving a panel of independent experts that shall advise the three institutions, in strong cooperation with the European Union Agency for Fundamental Rights, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 271 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. SReiterates that the DRF mechanism must complement and reinforce, and by no means substitute, the ongoing and future proceedings under Article 7 TEU; strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; urges the Council to proceed without delay to vote under Article 7(1) TEU; calls on the Council to ensure that hearings under Article 7(1) TEU start again as a matter of urgency and also address new developments; reiterates its recommendation to the Council to address concrete recommendations to the Member States in question, as enshrined in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures;
Amendment 277 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; considers that the Conference on the Future of Europe should further assert the precedence of the EU legal order; invites the Conference on the Future of Europe to consider strengthening the role of the Court of Justice of the European Union in protecting the Union’s founding values;
Amendment 285 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CStresses that the applicability, purpose and scope of the Rule of Law Conditionality Regulation is clearly defined in the legal text of the said Regulation; considers that the European Council conclusions on the Regulation on a general regime of conditionality contravene Article 17 and Article 15 TEU and Article 288 TFEU, and introduce unnecessary legal uncertainty considering some recent developments by Member States subject to Article 7 TEU; calls for action in this regard; recalls that said Regulation applies from 1 January 2021; calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law, as well as in any other relevant assessment for the purposes of existing and future budgetary tools; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; calls on the Commission to more vigorously apply the Common Provisions Regulation and the Financial Regulation to tackle discriminatory use of European funds, as it did when withholding funds for municipal or local governments proclaiming themselves to be ‘‘free from LGBTI ideology’’;
Amendment 289 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission to develop a culture of European values, including through strengthened efforts to promote European citizens’ education, which should include rule of law education;
Amendment 293 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls on the Council and the Commission to provide adequate funding for European-wide, national, regional and local civil society organisations and independent journalism to foster grassroots support for democracy, the rule of law and fundamental rights in all Member States, in particular where violations and shortcomings have been identified; believes that adequate funding under the Citizens, Equality, Rights and Values programme is extremely important, including for strategic litigation;
Amendment 297 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, been solved, risk deteriorating or have further deteriorated, to identify trends and transversal issues and to put forward clear recommendations to remedy any risks or backsliding identified;
Amendment 306 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, Member States cease being democracies; and become authoritarian regimes; calls, therefore, on the Commission to assess countries under ongoing Article 7 TEU proceedings in-depth, in order to illustrate how the rule of law has been structurally undermined to facilitate the consolidation authoritarian-style governance structures;
Amendment 310 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Underlines that this report should serve as a basis for the prioritisation of follow-up actions by the EU regarding those Member States where shortcoming or deficiencies are witnessed, firmly placing the contribution of the report within the overarching democracy, rule of law and fundamental rights mechanism;
Amendment 311 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Commits to start working on the 2021 report as early as possible after its publication;
Amendment 9 #
2021/2023(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU-India partnership has gained momentum in recent years, reflecting renewed political will to strengthen its strategic dimension and, having evolved from an economic partnership to a relationship expanding across a number of sectors, reflecting shared geopolitical interestIndia´s rising geopolitical power and shared democratic values;
Amendment 11 #
2021/2023(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in October 2020, the UN High Commissioner for Human Rights, Michelle Bachelet, appealed to the Government of India to safeguard the rights of human rights defenders and NGOs, raising concerns over shrinking space for civil society organizations, detention of human rights defenders and charges against people that simply exercised their rights to freedom of expression and peaceful assembly, as well as over the use of laws to stifle dissent, such as Foreign Contribution Regulation Act (FCRA) and the Unlawful Activities Prevention Act;
Amendment 18 #
2021/2023(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas restrictions on communications and clampdowns on civil society activists in Indian-administered Kashmir remain of serious concern, while despite recent restoration of 4G access for mobile phones, the communications blockade has seriously hampered civic participation, livelihoods, educations and access to health-care and medical information as reported during the 46th session of the UN Human Rights Council on 26 February2021;
Amendment 26 #
2021/2023(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas various UN experts have called on India to release students, protest leaders and human rights defenders detained for protesting against changes to Indian laws and policies and raised concerns over use of terrorism charges to silence human rights defenders;
Amendment 30 #
2021/2023(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas Amnesty International was compelled to close its offices in India after its bank accounts were frozen over alleged violation of the Foreign Contribution Regulation Act (FCRA) while the three UN special rapporteurs have called for amending the law in line with India’s rights and obligations under international law;
Amendment 41 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
a) consolidate the progress in the Strategic Partnership achieved since last year’s Summit and make tangible advances on priority issues, notably resilient global health, climate change and green growth, technology, connectivity, trade and investment, and foreign, security and defence policy and human rights;
Amendment 47 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
c) reiterate the need for a deeper partnership based on the shared values of freedom, democracy, the rule of law, equality, respect for human rights, a commitment to promoting an inclusive, coherent and rules-based global order, effective multilateralism and sustainable development, and promoting peace and stability in the world;
Amendment 56 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
e) promote a structured inter- parliamentary dialogue, including by encouraging the Indian side to establishing a permanent counterpart in the Lok Sabha and Rajya Sabha to the European Parliament Delegation for Relations with the Republic of India and by promoting committee-to-committee contacts;
Amendment 70 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
g a) emphasize that greater engagement between the EU and India in the security and defence field should not be seen as contributing to military bloc formation and polarization in the Indo- Pacific area, but rather as promoting shared security, stability, and peaceful development;
Amendment 79 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
h) emphasise the need for closer thematic coordination of international security policies and for action in areas such as nuclear security and the non- proliferation of weapons of mass destruction, mitigation of chemical, biological and radiological weapons, the promotion of regional conflict prevention and peacebuilding, counter-piracy, maritime security, countering terrorism, violent extremism, as well as cybersecuritynd radicalisation, cybersecurity, disinformation campaigns, hybrid threats and outer space;
Amendment 92 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
k) coordinate positions and initiatives in multilateral fora, notably the UN, by pushing for joint objectives, increasing dialogue and effectively aligning positions; support India’s bid for permanent membership in defence of multilateralism and rules- based international order; engage in discussions ofn a reform of thed UN Security Council and support India´s bid for permanent membership;
Amendment 99 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
Amendment 103 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
l) draw on India’s vision and the EU Member States’ existing approaches for the Indo-Pacific region in order to develop a European Indo-Pacific strategy based on EU principles and values; seek coordination of EU and Indian policies towards the Indo-Pacific region; , respecting the UN Guiding Principles on Business and Human Rights; seek coordination, where appropriate, of EU and Indian policies towards the Indo-Pacific region, while fully respecting the sovereign choices of other countries in the region and EU’s bilateral relations with them;
Amendment 110 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
m) promote joint action in coordinating development and humanitarian aid, as well as in strengthening democratic processes and countering authoritarian trends and all kinds of extremism, including nationalist and religious, in Asia and beyond;
Amendment 130 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
o) take note of India’s security concerns as regards the expansive policy of the People’s Republic of China (PRC); support the resolution of disputesthe deterioration of relations between India and the People’s Republic of China (PRC), including due to the PRC’s expansive policy; support a peaceful resolution of disputes, a constructive dialogue and the upholding of international law on the India-PRC border;
Amendment 135 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point o a (new)
Paragraph 1 – point o a (new)
o a) recognize India’s constructive role and long-standing legitimate security interests in Afghanistan; work together with India and other regional states to promote stabilisation, security, peaceful conflict resolution and democratic values, including women rights, in Afghanistan;
Amendment 138 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point o b (new)
Paragraph 1 – point o b (new)
o b) engage with both India and Pakistan to promote peaceful resolution of their differences, based on principles of international law;
Amendment 147 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
r) place human rights and democratic rights and values at the heart of the EU’s engagement with India, thereby enabling an open and calm dialogue; develop a strategy to address human rights issues in collaboration with India and to integrate human rights considerations across the wider EU-India partnership results-oriented dialogue and deeper mutual understanding; develop a strategy to address human rights issues, concerning especially women, children and ethnic and religious minorities, and to address rule of law issues such as the independence of the judiciary, free and safe environment for independent journalists and civil society, including human rights defenders, in collaboration with India and to integrate human rights considerations across the wider EU-India partnership; encourage India to take further steps to investigate and prevent gender-based violence and promote gender equality;
Amendment 161 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s
Paragraph 1 – point s
s) encourage India, as a member of the UN Human Rights Council, to act upon all recommendations of its Universal Periodic Review (UPR) process, to accept and to facilitate the visits of UN special rapporteurs for the monitoring of developments in civic space and fundamental rights and freedoms, as part of its pledge to foster the genuine participation and effective involvement of civil society in the promotion and protection of human rights;
Amendment 183 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
t) address the human rights situation and challenges faced by civil society in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protecting the freedom of expression, peaceful assembly and association, to end attacks against - and to release arbitrarily detained - for all, including online, and the right to peaceful assembly and association; call on securing safe environment for the work of human rights defenders and, journalists and civil society actors, free from political and economic pressure, including in the Indian- administered part of Kashmir,; to repeal laws that may be used to silence dissent,obstruct their legitimate work, facilitate access to justice and to ensure accountability for human rights violations;
Amendment 187 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
t) address the human rights situation and challenges faced by civil society in particular concerns raised by the UN High Commissioner for Human Rights and the UN Special Rapporteurs, in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protecting fundamental freedoms, including the freedom of expression, peaceful assembly and association, to end attacks against - and to release arbitrarily detained - human rights defenders, students and journalists, including in the Indian- administered part of Kashmir, to repeal laws that may be used to silence dissent, and to ensure accountability for human rights violations;
Amendment 193 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point t a (new)
Paragraph 1 – point t a (new)
t a) to put pressure on the Indian government to: - repeal or amend laws used to silence dissent and restrict the ability of civil society organisations to function effectively, including the Foreign Contribution Regulation Act, the counterterrorism law, the Unlawful Activities Prevention Act, and the sedition and criminal defamation laws and allow civil society organisations and human rights defenders to work freely without fear of reprisals, to unfreeze the accounts of Amnesty International India and to cease all harassment of its staff; - Implement police reform as recommended by the Supreme Court of India, including the establishment of a complaint mechanism to address police abuse, strictly enforcing existing laws and guidelines on arrest and detention; - Ratify and ensure thorough implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance; - Take immediate steps to eliminate abuses against Dalits, tribal groups, religious minorities, and other marginalized communities, providing concrete plans to implement laws and government policies to secure their protection, and ensuring development programs reach target groups; - Suspend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, revising the draft bill on data protection to ensure it is line with international standards on safeguarding the right to privacy of users and other human rights, and is accompanied by surveillance reform; - End the use of blanket internet shutdowns and enhancing transparency on the way shutdown orders are issued and extended; - Reinstate the death penalty moratorium with a view to permanent abolition of capital punishment; - Institute an effective monitoring mechanism that oversees the implementation of laws dealing with sexual violence against women and children, including failures in police accountability; - Ratify and implement the ILO Convention on Violence and Harassment,2019, No. 190, taking steps toward effective prevention measures, including special attention to sectors with heightened risk of violence and harassment, such as domestic work;
Amendment 206 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point u a (new)
Paragraph 1 – point u a (new)
u a) to urge India to develop a National Action Plan on business and human rights in order to fully implement the UN Guiding Principles on Business and Human Rights, recalling the responsibilities for all companies to respect human rights in their value chains, and to encourage India to participate actively for a UN binding treaty for corporate responsibility on human rights;
Amendment 217 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
v) seize the opportunity offered by the EU-India Leaders’ Meeting to openly address value-based cooperation at the highest level in matters of trade and investment; work towards the achievement of common objectives in these areas that comply with and contribute to respect for universal human rights and the pursuit of the Sustainable Development Goals; reaffirm that an investment protection agreement can further strengthen bilateral trade relations;
Amendment 243 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point ad
Paragraph 1 – point ad
ad) strive for co-leadership in setting and advancing international standards in the digital economy grounded in sustainable and responsible digitalisation and a rule of law and human rights-based ICT environment, while addressing cybersecurity threats and protecting fundamental rights and freedoms, including the protection of personal data;
Amendment 245 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point ad a (new)
Paragraph 1 – point ad a (new)
ad a) promote people-to-people exchanges in education and culture and further expand the exchange under Erasmus+; continue close cooperation in research and innovation, including human-centric and ethics-based digital technologies, while encouraging the strengthening of digital literacy and skills;
Amendment 247 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point ad b (new)
Paragraph 1 – point ad b (new)
ad b) welcome India´s efforts towards a GDPR-like high level of personal data protection; highlight the mutual benefit through intensified cooperation in the area of data protection; encourage further convergence between the regulatory frameworks to ensure a high level of protection of personal data and privacy, including through a possible data adequacy decisions, with a view to facilitate safe and secure cross border data flows, enabling closer cooperation especially in the ICT and digital services sector;
Amendment 251 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point ae
Paragraph 1 – point ae
ae) step up the EU’s ambitions for digital connectivity with India in the context of the EU’s digital transformation strategy; invest in a partnership in digital services and the development of responsible and human rights based artificial intelligence; continue to support data protection reform in India;
Amendment 261 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point af a (new)
Paragraph 1 – point af a (new)
Amendment 8 #
2021/2003(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the strong commitment of both the European Commission and EEAS to gender equality and women empowerment worldwide and to implement a feminist EU external agenda, reflected by the upgrade of the Gender Action Plan from a working document to a Joint Communication;
Amendment 10 #
2021/2003(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the inclusive nature of the consultation process undertaken to inform the drafting of the EU GAP III and the reflection of recommendations provided by Member States, EU gender focal points, and especially women’s rights civil society organisations (WCSOs) in the EU GAP III;
Amendment 11 #
2021/2003(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Supports GAP III ambition to make gender equality a key priority of all EU external policies and actions; underlines the need to ensure gender mainstreaming in all external policy fields, notably CFSP, the EU trade policy, enlargement policy, neighbourhood policy, development policy, humanitarian aid and CSDP;
Amendment 12 #
2021/2003(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Welcomes GAP III as an important contribution for the EU to work towards a gender-equal word and to achieve UN Sustainable Development Goal 5;
Amendment 13 #
2021/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to use GAP III as a basislueprint to enhance gender mainstreaming in their external action, to put its gender-transformative, human rights-based, intersectional approach into practice, and to adopt and implement a feminist foreign policy; stresses the need to put experiences of women and girls facing multiple and intersecting forms of discrimination and marginalization at the heart of policy-making and to increase the involvement of women in needs assessments, planning, decision-making and implementation processes;
Amendment 37 #
2021/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the EEAS to counter any forms of discrimination based on gender, race, ethnicity, sexual orientation, gender identity, class, religion, disability or age, as part of EU external action; welcomes the intersectional perspective in GAP III;
Amendment 61 #
2021/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the systematic implementation of rigorous gender analysis, gender-disaggregated data collection, gender budgeting and gender impact assessments, as well as for mandatory training on gender equalit to inform the design of all EU and EU Member States external financing, as well as their engagement in policy dialogues; encourages in line with GAP III the earmarking of resources to conduct sector-specific gender analyses where they are lacking; welcomes the specifications for mandatory training for all EU personnel at HQ, in EU Delegations, in Member States Embassies or deployed in CSDP missions and operations, on gendere quality, including pre-deployment and pre-posting training; stresses the need to invest in knowledge, resources and in-house expertise on gender equality in EU Delegations to be able to implement GAP III adequately;
Amendment 65 #
2021/2003(INI)
4 a. Welcomes the strong focus of GAP III on combatting all forms of violence against women and girls, exacerbated by the COVID-19 pandemic; calls on the eradication of female genital mutilation and the eradication of all gender-based violence to be systematically addressed in the EU political dialogues with third countries; reiterates support to the EU- UN Spotlight Initiative; urges all EU Member States to ratify the Istanbul Convention; calls on the EEAS to put the ratification of the Istanbul Convention high on the agenda of its Political Dialogue with Council of Europe partner countries; encourages other countries to express their interest to accede to it; urges the EU to exercise all possible leverage for the perpetrators of mass rapes in warfare to be reported, identified, prosecuted and punished in accordance with international criminal law;
Amendment 68 #
2021/2003(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses the importance to ensure universal access to SRHR and welcomes GAP III strong commitment to it; underlines the need to focus on all age groups, including girls and younger women, and provide relevant information, education and access to them;
Amendment 70 #
2021/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the need to tackle the shrinking space for civil society, to strengthen the capacity-building of WCSOs and to closely consult with organisations fighting, in particular, for the rights of women, girls and marginalised groups, and with women’s rights defenders; welcomes the focus on women’s participation in civic life in the GAP III; highlights the worrying development that highly organised and well-funded movements and organisations, such as Ordo Iuris, work to weaken women’s rights, LGBTQI* rights and civil society participation to undermine the rule of law and reinforce or increase their power; strongly encourages the Commission and EU Member States to earmark firm commitments for financing women’s rights organizations and feminist movements as key drivers of transformational and sustainable change towards gender equality;
Amendment 84 #
2021/2003(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the integration of the Women, Peace and Security framework in GAP III; insists on the inclusion of women and marginalised groups in conflict resolutionmeaningful inclusion and more balanced representation of women and marginalised groups from the grassroots level in conflict prevention, mediation, conflict resolution, political processes and peace negotiations, across all tracks;
Amendment 89 #
2021/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the GAP III objective to work towards securing the empowerment of girls and women, their education and their economic and social rights, particularly put at risk because of the COVID-19 pandemic;
Amendment 98 #
2021/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the introduction of country-level implementation plans (CLIPs) and the improvement of the reporting process for EU Delegations; calls on the Commission and the EEAS to take full ownership of gender-sensitive country reporting and gender mainstreaming at all program and policy levels, including by using gender analysis to inform the planned CLIPs and by requiring delegations to set clear indicators and targets within CLIPs;
Amendment 105 #
2021/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines the need to ensure that all EU external financial instruments, notably NDICI and IPA III, contribute to the GAP III objectives;
Amendment 114 #
2021/2003(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Expects specific and measurable baselines, indicators, actions and targets to be added to the joint staff working document on the objectives and indicators to frame the implementation of the GAP III (SWD(2020)0284), as well as road maps and timelines for all objectives, and sanctions in case of non-fulfilment; calls for all GAP III indicators to be disaggregated.
Amendment 119 #
2021/2003(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Urges the EU to lead by example and significantly improve the gender balance of leadership and management positions, notably in the EEAS Headquarters, for Heads of EU Delegations and EU Special Representatives;
Amendment 120 #
2021/2003(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Welcomes GAP III focus on young people as drivers of change and calls for the meaningful involvement of young people, women and men, into the conception and implementation of actions; welcomes GAP III’s increased attention to men and boys, gender relations and an improved approach to tackle root causes of gender inequalities through specific objectives and indicators; emphasizes the importance of creating practical ways to involve men and boys as agents of change regarding discriminatory social norms, gender stereotypes, and gender-drivers of conflict in the implementation of GAP III through setting additional indicators and targets related to men and boy's engagement;
Amendment 123 #
2021/2003(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Welcomes the reference made in GAP III to the potential of the EU accession process to promote gender equality in candidate and potential candidate countries; calls on the European Commission and the EEAS to further use the accession negotiations as a leverage to make enlargement deliver for women;
Amendment 124 #
2021/2003(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Welcomes that GAP III takes into account the situation of migrant women and girls; calls on particular attention to be paid to the situation of women and girls on the move, on migration routes or camps, specifically calls for their access to water, sanitation and hygiene (WASH), SRHR and to maternal health; stresses the importance of gender-sensitive reintegration programs for internally displaced people (IDPs) and refugees after their return to their home and gender-sensitive work with traumatised girls and women;
Amendment 126 #
2021/2003(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Welcomes the GAP III objective to support gender equality through the EU trade policy; calls on the Commission, the Council and the EEAS to promote and support the inclusion of a specific gender chapter in all EU trade and investment agreements, and to ensure that it specifically foresees the commitment to promote gender equality and women empowerment;
Amendment 128 #
2021/2003(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Welcomes that GAP III emphasises the gender dimension of environmental degradation and climate change and reiterates the EU’s commitment to act on it;
Amendment 10 #
2020/2072(INL)
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Venice Commission of the Council of Europe,
Amendment 50 #
2020/2072(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
2020/2072(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
2020/2072(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 54 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 73 #
2020/2072(INL)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas vulnerable groups such as women, Roma and LGBTI persons continue not seeing their rights fully respected in some Member States, and are not fully protected from hate and discrimination, in disregard of Union values provided for in Article 2 TEU and the right to non-discrimination, provided for in Article 21 of the Charter of Fundamental Rights of the European Union;
Amendment 75 #
2020/2072(INL)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas, contrary to the jurisprudence of the Hungarian Constitutional Court and the European Court of Human Rights, the right of transgender and intersex persons to access legal gender recognition procedures in Hungary was terminated through legislative amendments to the national registry; whereas such amendments changed the previously mutable category of “sex” to the immutable category of “sex at birth”, in intentional contravention of national and European rule of law;
Amendment 76 #
2020/2072(INL)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas it is documented and confirmed by the Polish Commissioner for Human Rights that over 100 Polish municipalities and local authorities have declared themselves LGBTI-free zones or adopted so-called ‘Regional Charters of Family Rights’, which are discriminatory against LGBTI people; whereas the Polish Commissioner for Human Rights condemned such actions and filed nine complaints to administrative courts, arguing that LGBTI-free zones violate Union law; whereas the Commission sent a letter in May 2020 to five mayors of Polish cities who are recipients of Union cohesion funding underlining the responsibilities of regional managing authorities, that spending under cohesion funds must not discriminate on the basis of sexual orientation and that municipalities acting as employers must respect Council Directive 2000/78/EC1a, which prohibits discrimination and harassment on the ground of sexual orientation in employment; whereas lawsuits have been brought by local governments against three Polish LGBTI activists who created the so-called “Atlas of Hate”; _________________ 1aCouncil Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Amendment 77 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 88 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 97 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 105 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 126 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 138 #
2020/2072(INL)
3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 139 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic, fundamental rights and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 148 #
2020/2072(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; underlines with concern that vulnerable groups, including women, Roma and LGBTI persons, continue not seeing their rights fully respected in some Member States and are not fully protected from hate and discrimination, in disregard of Union values as provided for in Article 2 TEU; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 153 #
2020/2072(INL)
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 171 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 182 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx 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 States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 188 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 193 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, equality bodies and national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of equality bodies, national human rights institutions and the space for civil society, as well as the protection provided to human rights defenders, may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 201 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 214 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 217 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 230 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 234 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 247 #
2020/2072(INL)
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
Amendment 250 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
Amendment 255 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
Amendment 257 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 259 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 264 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
Amendment 269 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 6
Annex I – part 2 – point 6
6. The Commission shall draw on all information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Group of States against Corruption, and other international organisations that produce relevant studies.
Amendment 274 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
Amendment 277 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 280 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 290 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 293 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 300 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 302 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13 a (new)
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 305 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 311 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 318 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
Amendment 320 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 326 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
Amendment 333 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 337 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 31 #
2020/2016(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the use of AI technology should be developed in such a way as to put people at its center and therefore to be worth of public trust;
Amendment 36 #
2020/2016(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas AI systems always have to be in the service of humans and have the ultimate safety valve of being designed so that they can always be shut down by a human operator;
Amendment 43 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications may offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime; while at the same time entailing significant risks for the fundamental rights of people;
Amendment 52 #
2020/2016(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the relationship between protecting fundamental rights and effective policing must always be an essential element in the discussions on whether and how AI should be used by law enforcement sector, where decisions may have long lasting consequences on the life and freedom of individuals;
Amendment 58 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, automated number plate recognition, speaker identification, speech identification, lip-reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy as well as potentially significant effects on the protection of fundamental rights;
Amendment 69 #
2020/2016(INI)
Motion for a resolution
Recital I
Recital I
I. whereas use of AI in law enforcement entails a number of phigh risks for the protenctial riskon of fundamental rights of individuals, such as opaque decision- making, different types of discrimination, and risks to the protection of privacy and personal data, the protection of freedom of expression and information, and the presumption of innocence;
Amendment 102 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, secure and fit for purpose, respect the principles of data minimisation, fairness, accountability, transparency and explainability, with their deploymentvelopment, deployment and use subject to a strict necessity and proportionality test;
Amendment 115 #
2020/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Sees with great concern the potential of mass surveillance by means of AI technologies in the law enforcement sector; Highlights the importanceerative need of preventing such mass surveillance by means of AI technologies, and of banning any applications that would result in it;
Amendment 143 #
2020/2016(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. stresses that only a robust European AI governance enable the necessary operationalisation of fundamental rights principles;
Amendment 153 #
2020/2016(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that in judicial and law enforcement contexts, the final decision always needs to be taken by a human, who can be held accountable for the decisions made, and include the possibility of a recourse for a remedy; reminds that under EU law, automated individual decision making shall not be based on special categories of personal data (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation), unless suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place; highlights that EU law prohibits profiling that results in discrimination against natural persons on the basis of special categories of personal data;
Amendment 168 #
2020/2016(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. calls for clear and appropriate time limits to be established for the erasure of personal data or for a periodic review of the need for the storage of personal data processed or generated by AI technologies for law enforcement purposes;
Amendment 170 #
2020/2016(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. CallsReminds that EU law (Directive (EU) 2016/680) already foresees a mandatory data protection impact assessment for any type of processing, in particular, using new technologies, that is likely to result in a high risk to the rights and freedoms of natural persons and is of the opinion that this is the case for all AI technologies in the area of law enforcement; Calls in addition for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary, in order to assess any potential risks to fundamental rights;
Amendment 185 #
2020/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a moratorium on the deployment of facial recognition systems for specific law enforcement operations, until the technical standards can be considered fully fundamental rights compliant, results derived are non- discriminatory, and there is public trust in the necessity and proportionality for the deployment of such technologies; calls for a ban of the use of facial recognition in the public sphere where not used in specific law enforcement operations;
Amendment 24 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that any ethical framework shouldthere is a difference between ethics and law and the role they play in our societies; any framework of ethical principles for the development, deployment and use of Artificial Intelligence (AI), robotics and related technologies should complement the EU Charter of Fundamental Rights and thereby seek to respect human dignity and autonomy, prevent harm, promote fairness, and transparency, respect the principle of explicability of technologies; and guarantee that the technologies are there to serve people, with the ultimate aim of increasing human well-being for everybody;
Amendment 39 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. SHighlights the power asymmetry between those who employ AI technologies and those who interact and are subject to them; in this context stresses the importance of developing an “ethics-by-default and by design” framework which fully respect the Charter of Fundamental Rights of the European Union, Union law and the Treaties;
Amendment 44 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the current Union legalislative framework will need to be updaon protection of privacy and personal data fully applies to AI, robotics and related technologies, however could benefit from being supplemented with guidingrobust ethical principlguidelines; points out that, where it would be premature to adopt legal acts, a soft law framework should be used;
Amendment 66 #
2020/2012(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Promotes a European Agency for Artificial Intelligence, which ensures a European coordination of AI standards and regulations; this centralized agency develops common criteria for a European certificate of ethical compliance, which also takes the data used for algorithmic processes into account;
Amendment 68 #
2020/2012(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Promotes Corporate Digital Responsibility on a voluntary basis; the EU should support corporations, who by choice use digital technologies and AI ethically within their companies; the EU should encourage corporations to become proactive by establishing a platform for companies to share their experiences with ethical digitalization, as well as coordinating the actions and strategies of participating companies;
Amendment 76 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the protection of networks of interconnected AI and robotics mustis important, and strong measures must be taken to prevent security breaches, cyber- attacks and the misuse of personal data;
Amendment 78 #
2020/2012(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a comprehensive risk assessment of AI, robotics and related technologies in addition to the impact assessment provided by Article 35 GDPR (Article 27 of Directive (EU) 2016/680 and Article 39 of Regulation (EU) 2018/1725); the more impact an algorithm has, the more transparency, auditability, accountability and regulation is needed; where an algorithmic decision leads to a limitation of fundamental rights, there needs to be a very robust assessment in place; in highly critical fields - when health, freedom or human autonomy are directly endangered - the implementation of AI should be prohibited;
Amendment 91 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that AI and robotic technology are used more and more in the area of law enforcement and border control could enhance public safety and security; stresses that its use must respect the principles of proportionality and necessity; , often with adverse effects on individuals when it comes to their rights to privacy, data protection and non- discrimination; stresses that the deployment and use of these technologies must respect the principles of proportionality and necessity, the Charter of Fundamental Rights, in particular the rights to data protection, privacy and non- discrimination, as well as the relevant secondary Union law such as EU data protection rules;
Amendment 98 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that AI and robotics are not immune from making mistakes and can easily have inherent bias; notes that biases can be inherent in the underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in the real world setting; considers the need for legislators to reflect upon the complex issue of liability in the context of criminal justice.
Amendment 104 #
2020/2012(INL)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reminds that according to Article 22 of the General Data Protection Regulation, a person has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her and that only very limited exceptions exist to this general rule; recalls the need for algorithms to be transparent, especially those that produce legal effects concerning individuals; underlines that transparency about the underlying logic of an algorithm is highly relevant for the affected individual in order for his or her fundamental rights to be fully protected; reminds, in addition, that transparency about the algorithms used is also of utmost relevance for the person taking a final decision based on an algorithmic calculation, for example, when a bank employee has to decide on a loan application or a human resources professional on whom to hire.
Amendment 12 #
2020/2009(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Commission Communication of 20 June 2020 entitled "Tackling COVID-19 disinformation - Getting the facts right";
Amendment 49 #
2020/2009(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the 2020 World Press Freedom Index, the COVID- 19 pandemic has highlighted and amplified many other crises that threaten the right to freely reported, independent, diversereveals a wide range of discrepancy between the individual Member States varying from second place in the world ranking given to Finland up to one hundred and reliable informationeventh place given to Bulgaria;
Amendment 52 #
2020/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to the 2020 World Press Freedom Index the COVID- 19 pandemic has highlighted and amplified many other crises that threaten the right to freely reported, independent, diverse and reliable information;
Amendment 54 #
2020/2009(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas recent years show a growing pattern of intimidation to silence journalists that requires urgent actions to uphold the essential role of the independent media in ensuring the principles of rule of law;
Amendment 55 #
2020/2009(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the transparency of the media ownership is an absolute precondition for ensuring media pluralism and independent journalism;
Amendment 69 #
2020/2009(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas strengthening media freedom requires credible and detailed information on the scope and the nature of the challenges within the Member States and the EU as a whole, including on individual cases of violation of the principles of the independent media or infringements of fundamental rights of journalist;
Amendment 73 #
2020/2009(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the rights of the journalists to report and investigate needs to be further enhanced and effectively protected;
Amendment 122 #
2020/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU; urges the Commission and Member States to develop and maintain credible framework of protections of media freedom and media pluralism; highlights the need of a fully-fledged EU mechanism on media freedom, beyond the framework of the new Rule of Law mechanism, which should introduce clear standards and benchmarks at EU level as well as incentives for higher convergence between the individual Member States, including through legislation, if necessary.
Amendment 149 #
2020/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to monitor and collect information and statistics on media freedom and pluralism within all Member States, and to analyse closely cases of the infringement of the fundamental rights of journalists;
Amendment 155 #
2020/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on public figures and representatives of the authorities to refrain from denigrating journalists as this undermines trust in the media across society; underlines the important role of journalists in reporting on protests and demonstrations and calls for their protection from both the protesters and law enforcement in order that they can carry out their role without fear; asks Member `states to provide specific training programmes for law enforcement who are responsible for fulfilling state obligations of the protection of journalists, calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP); highlights that women journalists are especially vulnerable to harassment and intimidation and therefore should be subject to additional safeguards;
Amendment 167 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reaffirms that anonymity and encryption are essential tools for the exercise of democratic rights and freedoms, and for protecting the confidentiality of sources in journalism
Amendment 168 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 174 #
2020/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that excessive concentration of the content-producing and content-distributing sectors may threaten citizens’ access to a range of content; underlines that media pluralism, which depends on the existence of a diversity of media ownership and of content as well as independent journalism, is key to challenging the spread of disinformation and ensuring that EU citizens are well- informed; condemns any attempt to monopolize the media ownership in the Member States as well as to exert political interference in media management; urges the Commission and the Member States to act quickly and resolutely to increase the transparency of the media ownership and the financial sources used by media owners as well as to fight more efficiently irregular or covert funding practices which threaten per se the independence, credibility and sustainability of the media sector and affects the freedom of expression;
Amendment 194 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 crisis; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for independent journalists and media outlets, freelancers and self-employed media workers; highlights that investigative journalism as key for the critical thinking and for ensuring transparency and checks on the work of politicians and invites the Commission to propose a dedicated financial instrument providing financial support explicitly for investigative journalism
Amendment 223 #
2020/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fourifth evaluation round, from which it emerges that IT companies are remov71% of the content deemed to be illegal hate speech was removed; highlights the wide marging on average 72 % of the illegal hate speech notified to themf discretion left to private companies to determine what is illegal; Stresses the necessity to have all companies that run platforms to be part of the code of conduct;;
Amendment 243 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 272 #
2020/2009(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on Member States to increase their efforts to strengthen media literacy across education to help citizens identify disinformation;
Amendment 286 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on social media companies and online platforms to make available tools to enable users to report and flag potential disinformation in order to facilitate prompt rectification and to allow for review by independent and impartial third party fact checking organisations;
Amendment 250 #
2019/2199(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Recalls that respect for the rule of law is a prerequisite for the protection of all the fundamental European values referred to in Article 2 of the TEU; strongly condemns the efforts of the governments of some Member States to weaken the separation of powers and the independence of the judiciary; expresses its deep concern, in particular, about laws already adopted which call into question the primacy of European law and calls on the Commission to use all available means to take action against this attack on fundamental European values;
Amendment 251 #
2019/2199(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Regrets that the initiation of the procedures under Article 7(1) TEU has so far failed to produce results and that reports and statements by the Commission, the UN, the OSCE and the Council of Europe indicate that the situation in the Member States concerned has deteriorated; stresses that the failure of the Council to apply Article 7 TEU effectively undermines the integrity of common European values, mutual trust and the credibility of the Union as a whole;
Amendment 252 #
2019/2199(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Welcomes the fact that the Commission will present an annual review in 2020 for the first time, assessing all EU Member States equally with regard to compliance with the values set out in Article 2 TEU. Emphasises that the outcome of the review should provide a meaningful overall picture of the state of democracy, the rule of law and fundamental rights in each Member State, based on clear, objective and unambiguous criteria;
Amendment 253 #
2019/2199(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Stresses the importance of establishing an instrument to protect the Union's budget in the event of general deficiencies with regard to the rule of law in the Member States, since the proper use of EU funds must at all times be subject to independent judicial control. Reiterates its position that the instrument should be designed in such a way that a Commission decision is deemed adopted unless the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, to amend or reject it;
Amendment 317 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 aa (new)
Paragraph 4 aa (new)
4aa. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as anti- Semitism, islamophobia, afrophobia and anti-Gypsyism, and tend to become normalised in Member States;
Amendment 319 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ac (new)
Paragraph 4 ac (new)
4ac. Calls for full implementation of legislations and stronger sanctions against any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health;
Amendment 321 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ae (new)
Paragraph 4 ae (new)
4ae. Calls for the quick adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 367 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the landmark judgment of the European Court of Justice in the Common case in June 2018, which clarified that term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex; urges the Member States in the EU that do not recognise either same- sex partnerships or marriages to amend their national laws in such a way as to provide a legal framework for ensuring that the CJEU’s ruling is properly implemented.;
Amendment 374 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Expresses concern that six EU Member States, Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia, have not yet ratified the Istanbul Convention;
Amendment 413 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is deeply concerned about a backlash in rights and attitudes to LGBTI persons and a sharp rise of hate speech, often carried out by public figures; strongly condemns anti-LGBTI rhetoric and the proclamation of “LGBT-free zones” or “zones free from LGBT ideology”;
Amendment 465 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that freedom of expression, information and media are fundamental for ensuring democracy and the rule of law; strongly condemns violence, pressure or threats against journalists and media, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 548 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses serious concern about the intimidation and arrests of humanitarian workers and volunteers who support migrants in an irregular situation; notes that the trend continued in 2018 and 2019, targeting both rescue vessels deployed by civil society in the Mediterranean, as well as volunteers and non-governmental organisations active in the EU;
Amendment 12 #
2019/2167(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the EEAS, the Commission and the EU Member States to systematically integrate gender mainstreaming and an intersectional perspective into the EU’s foreign and security policy; and to make gender equality an explicit goal of the EU external action; calls for the experiences of women and girls facing multiple and intersecting forms of discrimination and marginalization - based on their age, gender, ethnicity, religion, socio- economic and legal status, ability, sexual orientation and gender identity - to be put at the heart of policy-making, and draw on their unique and diverse experiences;
Amendment 17 #
2019/2167(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the EEAS, the Commission and the EU Member States to systematically integrate gender mainstreaming into the EU’s foreign and security policy; calls on the EEAS and the European Commission to implement gender budgeting;
Amendment 22 #
2019/2167(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need of implementation of the “EEAS Strategy on Gender and Equal Opportunities for the period 2018-2023”;
Amendment 25 #
2019/2167(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the VP/HR to make substantial and highly visible progress on gender equality in terms of leadership and management, staffing, training, financial resources and organisational hierarchy; calls in this regard for mandatory training on gender equality; calls for better gender balancing when it comes to the EU external representation, in particular calls for gender equality to be taken into consideration for the nomination of future Heads of EU Delegations and EU Special Representatives;
Amendment 28 #
2019/2167(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the VP/HR to make substantial and highly visible progress on gender equality in terms of leadership and management, staffing, training, financial resources and organisational hierarchy; calls in this regard for mandatory training on gender equality; underlines the need of incorporating gender-related aspects in the training of staff of the EU diplomatic services;
Amendment 34 #
2019/2167(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the annual budgetary procedures applied for the upcoming MFF, including external financing through and the Neighbourhood, Development, and International Cooperation Instrument (NDICI) and Instrument for Pre-Accession (IPA) III to integrate a gender-responsive perspective; calls for gender-responsive budgeting and obligatory requirements for gender impact assessments in the NDICI and IPA III regulations, as part of a general ex-ante conditionality to inform programming, in accordance with European Institute for Gender Equality (EIGE) guidance, the EU Gender Action Plan and OECD DAC criteria requirements;
Amendment 48 #
2019/2167(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the VP/HR to ensure that the Heads of EU Delegations abroad have a formal responsibility to ensure that gender equality is mainstreamed throughout all aspects of the Delegation’s work and are required to report on it; further calls on the VP/HR to ensure that there is one full-time gender focal point in the EU Delegations; deplores the fact that there are no women among the new Deputy Secretaries- General appointed by VP/HR;
Amendment 49 #
2019/2167(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the VP/HR to ensure that the Heads of EU Delegations abroad have a formal responsibility to ensure that gender equality is mainstreamed throughout all aspects of the Delegation’s work and that gender equality issues are regularly raised in political dialogues with government counterparts, and are required to report on it; further calls on the VP/HR to ensure that there is one full-time gender focal pointadvisor in the EU Delegations;
Amendment 51 #
2019/2167(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates that only 22 out of 176 employees in the European Union Military Staff (EUMS) are female, of which 12 serve as secretaries or assistants;
Amendment 52 #
2019/2167(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that the European Commission announced in its Gender Equality Strategy 2020-20251a its objective to reach gender balance of 50% at all levels of its management by the end of 2024; urges the VP/HR to start implementing Commission’s recommendations in this regard; __________________ 1ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2020%3 A152%3AFIN
Amendment 59 #
2019/2167(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that not a single one of the 12 civilian CSDP missions is headed by a woman; calls on the VP/HR to draw up a gender equality strategy for CSDP missions with specific targets, for both leadership and personnel;
Amendment 60 #
2019/2167(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that not a single one of the 12 civilian CSDP missions is headed by a woman; calls on the VP/HR to draw up a gender equality strategy for CSDP missions with specific targets;
Amendment 76 #
2019/2167(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution; stresses for the recognition of the significant role women and girls play in achieving sustainable peace; calls for the safe, meaningful and inclusive participation of women and girls from the grassroots level to peacebuilding, post- conflict reconstruction, governance and institution building actions;
Amendment 84 #
2019/2167(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States to be fully compliant with the Common Position on Arms Exports, specifically calls on Member States to take into account the risk of exported materials being used for, or facilitating, gender-based violence or violence against women or children; emphasises that a gender-sensitive approach means a human centred security approach, aiming at improving securities of women, including economic, social and health security;
Amendment 87 #
2019/2167(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the eradication of female genital mutilation and the eradication of gender-based violence to be systematically addressed in the EU political dialogues with third countries; stresses that gender- based violence against women and girls must keep being a political priority for the EU in its external action; urges the EU to exercise all possible leverage for the perpetrators of mass rapes in warfare to be reported, identified, prosecuted and punished in accordance with international criminal law;
Amendment 89 #
2019/2167(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Regrets that no explicit reference to gender equality and women’s rights is made in the European Commission’s joint communication on an EU Action Plan on Human Rights and Democracy 2020- 2024; calls for the revision and update of the EU Guidelines on violence against women and girls and combatting all forms of discrimination against them;
Amendment 92 #
2019/2167(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the EU to put the ratification of the Istanbul Convention high on the agenda of its Political Dialogue with the Council of Europe (CoE) partner countries; welcomes the invitation from the Committee of Ministers of the CoE to Kazakhstan and Tunisia to accede to the Convention as the first non-member states, encouraging other countries to express their interest to accede too;
Amendment 106 #
2019/2167(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the EU needs to take decisive action to counter the global backlash against women’s rights and gender equality; calls on all external funds and programmes to have a significant share earmarked for gender equality purposes; calls in particular for financial support to female human rights defenders and to women’s civil society organisations, especially for capacity- building actions;
Amendment 107 #
2019/2167(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Acknowledges the key role of civil society organisations and in particular women’s rights organisations and women human rights defenders in supporting the implementation of the EU Gender Action Plan and the EU Strategic Approach to Women Peace and Security and its Action Plan; calls on the European Commission to strengthen the involvement of civil society organisations in the formulation of the third Gender Action Plan and in its implementation in partner countries;
Amendment 111 #
2019/2167(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the VP/HR and the EU Member States to include references to UNSC resolution 1325 and follow-up resolutions in CSDP-related Council decisions and mission mandates, and to make sure that all CSDP missions and operations have an annual action plan on how to implement the objectives of GAP III and the EU Action Plan on WPS; calls for gender analysis to be put in place for new CSDP instruments, including the European Defence Fund and the proposed European Peace Facility;
Amendment 116 #
2019/2167(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for specific earmarked funding on gender equality in the framework of the proposed NDICI regulation and the IPA III regulation, and for reduced administrative constraints to allow access to funding for local and small CSOs and especially WCSOs;
Amendment 117 #
2019/2167(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the necessity of ensuring that automated decision-making methods, including AI algorithms in the area of EU’s foreign and security policy, are void of profiling biases, especially based on gender;
Amendment 136 #
2019/2167(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the European Commission and the EEAS to use the accession negotiations as a leverage to foster gender equality in the candidate countries;
Amendment 140 #
2019/2167(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission, the Council and the EEAS that its development cooperation policy and humanitarian aid action supports women’s economic empowerment and women and girls’ rights in partner countries; calls for the improvement of the reporting of EU funding for gender equality allocated and disbursed in partner countries through the EU GAP III;
Amendment 145 #
2019/2167(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on particular attention to be paid to the situation of women and girls on the move, on migration routes or camps, specifically calls for their access to WASH, SRHR and maternal health;
Amendment 146 #
2019/2167(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission, the Council and the EEAS to promote and support the inclusion of a specific gender chapter in all EU trade and investment agreements, and to ensure that it specifically foresees the commitment to promote gender equality and women empowerment; calls as well for provisions to be included in these trade agreements ensuring that their institutional structures guarantee periodical compliance reviews, substantial discussions and the exchange of information and best practices on gender equality and trade, through among others, the inclusion of women and experts on gender equality at all levels of the administrations concerned, including trade negotiating teams, joint committees, expert groups, domestic advisory groups, joint consultative committees and dispute settlement bodies;
Amendment 287 #
2018/0108(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The respect for private and family life and the protection of natural persons regarding the processing of personal data are fundamental rights. In accordance with Articles 7 and 8(1) of the Charter and Article 16(1) of the TFEU, everyone has the right to respect for his or her private and family life, home and communications and to the protection of personal data concerning them. When implementing this Regulation, Member States should ensure that privacy and personal data are protected and processed only in accordance with Regulation (EU) 2016/679, Directive (EU) 2016/680 and Directive 2002/58/EC.
Amendment 344 #
2018/0108(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The requested data should be transmitted to the authorities at the latest within 10 days upon receipt of the EPOC. Shorter time limUpon receipt of the European Production Order Certificate (EPOC), the executing authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary, and ensure its execution in an identical manner and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC. Within that period of 10 days, the executing authoritsy should be respected by the provider in emergency cases and if the issuing authority indicates other reasons to depart from the 10 day deadline. In addition to the imminent danger of the deletion of the requested data, such reasons could include circumstances that are related toable to object to the European Production Order and invoke one of the grounds for non- recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Where the executing authority objects, it should inform the issuing authority, the service provider and, where applicable, the affected authority of such decision. If the executing authority has not invoked any ongoing investigation, for example where the requested data is associated to other urgent investigative meaf the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should be required to immediately ensures that cannot be conducted withoutthe requested data is transmitted directly to the missuing data or are otherwise dependent on itauthority or to the law enforcement authorities as indicated in the EPOC.
Amendment 346 #
2018/0108(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) In emergency cases, the executing authority should recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 24 hours upon receipt of the EPOC, while the service provider should preserve the requested data. If the executing authority has not invoked any of the grounds listed in this Regulation within that 24 hours period, the service provider to which the order is addressed should immediately ensure that the requested data is transmitted directly to the issuing authority or to the law enforcement authorities as indicated in the EPOC.
Amendment 352 #
2018/0108(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service providerexecuting authority should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production, in which case the preservation should be continued. The 60 day period is calculated to allow for the launch of an official request. This requicognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC-PR. Within that 10 days period, the executing authority should be able to object to the European Preservation Order and invoke one of the grounds for non-recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Wheres that at least some formal steps have been taken, for example by sending a mutual legal assistance request to translation. Following receipt of that ie executing authority objects, it should inform the issuing authority and the service provider of such decision and the preservation should cease immediately. If the executing authority has not invoked any of the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should continue to preserve the data for a 30 days period, renewable once. If the issuing authority confoirmation, the datas within that 30 days period that the subsequent EPOC has been issued, the service provider should be preserved the data as long as necessary until the data is produced in the framework of a subsequent request for productionfor the execution of the European Production Order. If the preservation is no longer necessary, the issuing authority should inform the addressees without undue delay.
Amendment 445 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘content data’ means any stored data in a digital format such as text, voice, videos, images, and sound other than subscriber, access or transactional datathe content stored, transmitted, distributed or exchanged by means of electronic communications services, such as text, voice, videos, images, and sound; where metadata of other electronic communications services or protocols are stored, transmitted, distributed or exchanged by using the respective services, they are to be considered content data for the respective service;
Amendment 495 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. European Production Orders to produce transactionalffic data or content data may only be issued for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 5 years, except for IP addresses.
Amendment 583 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the lexecuting authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 10 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure.
Amendment 595 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In emergency cases, the addressee shall transmit the requested data without undue delay, at the lexecuting authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 624 hours upon receipt of the EPOC, while the service provider shall preserve the requested data.
Amendment 625 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after 60 days, unless the issuing authority confirms that the subsequent request for production has been launchedexecuting authority shall recognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days of receipt of the EPOC-PR.
Amendment 640 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. If the preservation is no longer necessary, the issuing authority shall inform the addressees without undue delay and the preservation shall cease immediately.
Amendment 665 #
2018/0108(COD)
Amendment 666 #
2018/0108(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 674 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. AThe addressees and, if different, service providersshall inform the person whose data is being sought, without undue delay. When informing the person, the addressees shall include information about any available remedies as referred to in Article 17 and shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC- PR and of the data produced or preserved and where requested by the issuing authority, shall refrain from informing the person whose data is being sought in order not to obstruct the relevant criminal proceedings.
Amendment 677 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Upon a duly justified request by the issuing authority, based on a court order, addressees shall refrain from informing the person whose data is being sought, in order not to obstruct the relevant criminal proceedings.
Amendment 680 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where the issuing authority requested the addressees to refrain from informing the person whose data is being sought, upon a duly justified request, based on a court order, the issuing authority shall inform the person whose data is being sought by the EPOC or the EPOC-PR without undue delay about the data production or preservation. This information may be delayed as long as necessary and proportionate to avoid obstructing the relevant criminal proceedings, taking into account the rights of the suspected and accused person and without prejudice to defence rights and effective legal remedies.
Amendment 694 #
2018/0108(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Limitations to the use of information obtained Electronic information which has been produced or preserved by an EPOC or EPOC-PR shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
Amendment 717 #
2018/0108(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 1 #
2017/0360R(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 10 #
2017/0360R(NLE)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080.
Amendment 11 #
2017/0360R(NLE)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407.
Amendment 53 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates its position as regards the budget envelope for the new Rights and Values Programme within the next Multiannual Financial Framework, and calls to ensure that adequate funding is provided for national and local civil society organizations to grow grassroots support for democracy, rule of law and fundamental rights in the Member States, including Poland;
Amendment 76 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence and is capable of creating legal uncertainty as to the validity of such review22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 80 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; notes with concern that the elections, originally scheduled to be held on 10 May 2020, were eventually postponed without respecting formal legal requirements; _________________ 23Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
Amendment 88 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016, as well as the package of three acts adopted at the end of 2016, seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefothat the first two acts were declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland since the entry into force of the aforementioned legislative changes25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal; _________________ 25 Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
Amendment 102 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 2017, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judgejudges of the Supreme Court and of common courts, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8.
Amendment 106 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the referring Supreme Court (Labour Chamber) subsequently concluded in its judgment of 5 December 2019 that the Disciplinary Chamber does not fulfil the requirements of an independent and impartial tribunal, and that the Supreme Court (Civil, Criminal and Labour Chambers) adopted a resolution on 23 January 2020 reiterating that the Disciplinary Chamber is not a court due to its lack of independence and therefore its decisions shall be considered null and void; notes with grave concern that the Polish authorities have declared that those decisions are of no legal significance when it comes to the continuing functioning of the Disciplinary Chamber and the NCJ, and that the Constitutional Tribunal has ‘suspended’ the resolution of 23 January 2020, creating a dangerous judiciary duality in Poland and moreover openly defying the primacy of Union law and the status granted to the CJEU by Article 19(1) TEU in that it limits the effectiveness and application of the CJEU’s ruling of 19 November 201932 ; _________________ 32Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 38.
Amendment 112 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the Supreme Court (Labour Chamber), implementing the criteria set out by the CJEU in its judgment of 19 November 2019, found in its judgment of 5 December 2019 and in its decisions of 15 and 23 January 2020 that the decisive role of the new NCJ in the selection of the judges of the newly created Disciplinary Chamber undermines the latter’s independence and impartiality; is concerned about the legal status of the judges appointed or promoted by the NCJ in its current composition and about the impact their participation in adjudicating may have on the validity and legality of proceedings;
Amendment 114 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the European Network of Councils for the Judiciary (ENCJ) suspended the new NCJ on 17 September 2018 for reason of no longer fulfilling the requirements of being independent of the executive and legislature and is now considering expelling the new NCJ entirelyhas initiated the expulsion procedure in April 202035 ; _________________ 35 ENCJ, Letter of 21 February 2020 by the ENCJ Executive Board. See as well the letter of 4 May 2020 by the European Association of Judges in support of the ENCJ.
Amendment 116 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May 2011 on the NCJ as amended in 2017 and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 126 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Expresses concern regarding the disciplinary proceedings initiated against common court judges in reference to their judicial decisions or public statements in defence of judicial independence;
Amendment 139 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Is concerned about reports alleging undue delays in court proceedings, difficulties in accessing legal assistance during arrest, and instances of insufficient respect for the confidentiality of communication between counsel and client44 ; calls on the Commission to closely monitor the situation of lawyers in Poland; reminds of the right of all citizens to being advised, defended and represented by an independent lawyer according to Article 48 of the Charter of Fundamental Rights; _________________ 44UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, para. 33.
Amendment 150 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recalls that in its resolution of 14 September 2016, Parliament has expressed its concern about already adopted and newly suggested changes to Polish media law; repeats its call on the Commission to carry out an assessment of the legislation adopted as regards its compatibility with Union Law, in particular, regarding the with Article 11 of the Charter of Fundamental Rights and Union legislation on public media;
Amendment 151 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls that, in its resolution of 16 January 2020, Parliament has called on the Council to address in the hearings under Article 7(1) of the TEU any new developments in the field of freedom of expression, including media freedom; condemns cases of censoring content by the public broadcasters in Poland;
Amendment 227 #
2017/0360R(NLE)
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination;
Amendment 234 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters, given that national courts have refused to or hesitated to release Polish suspects under the European Arrest Warrant (EAW) procedure due to profound doubts about the independence of the Polish judiciary; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured;
Amendment 252 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; strongly supports the Commission’s approach on inclusion of rule of law conditionality in the future Multiannual Financial Framework; calls on the Commission to continue to keep Parliament regularly informed and closely involved;