Activities of Sergey LAGODINSKY related to 2020/2072(INL)
Shadow reports (1)
REPORT on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
Legal basis opinions (0)
Amendments (38)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
— having regard, in particular, to Article 2, Article 3(1), the second subparagraph of Article 3(3), Article 4(3) and Articles 5, 6, 7 and 11 of the Treaty on European Union,
Amendment 2 #
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and Article 5 of the Treaty on European Union, Article 295 of the Treaty on the Functioning of the European Union, and Protocols No 1 on the role of national parliaments in the European Union and No 2 on the application of the principles of subsidiarity and proportionality, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
Amendment 4 #
Motion for a resolution
Citation 8
Citation 8
— having regard to the United Nations instruments on the protection of human rights and fundamental freedoms and the case-law of the United Nations treaty bodiesrecommendations and reports of the United Nations Universal Periodic Review, as well as the case-law of the United Nations treaty bodies and special procedures of the Human Rights Council,
Amendment 5 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the United Nations Declaration on Human Rights Defenders,
Amendment 6 #
Motion for a resolution
Citation 9
Citation 9
— having regard to the European Social Charter, in particular Article E thereofrecommendations and reports of the Office for Democratic Institutions and Human Rights, High Commissioner on National Minorities, Representative on Freedom of the Media and other bodies of the OSCE,
Amendment 9 #
Motion for a resolution
Citation 10
Citation 10
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, the case law of the European Court of Human Rights and the European Committee of Social Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner and, the European Commission Against Racism and Intolerance, the Steering Committee on Anti- Discrimination, Diversity and Inclusion, the Venice Commission and other bodies of the Council of Europe,
Amendment 24 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its resolution of 13 February 2019 on experiencing backlash in women’s rights and gender equality in the EU1a, _________________ 1a Texts adopted, P8_TA(2019)0111.
Amendment 37 #
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
- having regard to the reports and data from the European Union Agency for Fundamental Rights,
Amendment 38 #
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
- having regard to the report of the European Economic and Social Committee’s Group on Fundamental Rights and the Rule of Law of June 2020 entitled “National developments from a civil society perspective, 2018-2019”,
Amendment 102 #
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, OSCE and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities;
Amendment 131 #
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 and breaches 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 that the failure by the Council to apply Article 7 TEU effectively is in fact enabling continued divergence from the values provided for in Article 2 TEU; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 145 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. regrets that its resolution of 25 October 2016 was not welcomed by the Commission and the Council despite the urgent need to protect Union values; 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 and that the consultation process failed to ensure the protection of human rights defenders or actors contributing thereto, despite repeated calls from civil society organisations; underlines with concern that the rights of women, minority and vulnerable groups, including racial, ethnic and religious minorities, Romani people, LGBTI persons, disabled and elderly people, are continually disrespected and that equality and full protection from violence, hate and discrimination, is not guaranteed by Member States in disregard of Union values; reiterates the need for a comprehensive monitoring mechanism assessing the respect of all aspects of democracy, the rule of law and fundamental rights, enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process assessing all Member States, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 168 #
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 procedures under Article 7 TEU, infringement procedures and budgetary tools;
Amendment 183 #
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 7 TEU, budgetary conditionalityinfringement procedures, budgetary tools 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 186 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, equality bodies and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out to the need to provide protection to reporting actors where necessary, as well as sufficient funding to provide the impartial and expert data that is needed to balance governments’ views; stresses in that regard the need for a functioning civil society throughout the Union and calls for the creation of the European statute for associations and non-profit organisation; points out that the accreditation status of national human rights institutions and equality bodies and the 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; , as well as the protection provided to human rights defenders, may themselves serve as indicators for assessment purposes; echoes repeated calls from civil society for the creation of a Union mechanism to protect human rights defenders and actors contributing to the process from potential reprisals; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle; is concerned that civil society has increasingly come under pressure throughout the Union; therefore urges the Commission and the Council to support in particular the European and cross-border activity of civil society organisations;
Amendment 200 #
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 procedure and to present its reasoned proposal to the Council; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 204 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard; stresses that in the event of the change of the Treaties, the effectiveness of the Article 7 TEU procedure should be enhanced by revising the necessary majority for action and reinforcing the sanctioning mechanism;
Amendment 237 #
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 Union values including recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness, with the involvement of citizens and civil society.
Amendment 243 #
Motion for a resolution
Annex I – paragraph 4 – point 8
Annex I – paragraph 4 – point 8
(8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to using the findings of the annual monitoring reports 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 in the context of Article 7 TEU. Similarly, the three institutions commit to using the findings of the annual monitoring 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 of the European Parliament and of the Council3 as well as in any other assessment for the purposes of existing and future budgetary tools. The three institutions agree that the annual monitoring reports should more generally guide their actions with respect to Union values. _________________ 3 [instead of xxxx insert number of 2018/136(COD) in the text and the footnote and correct OJ reference in footnote] Regulation (EU) .../… of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States OJ C ..., ....., p. ....
Amendment 248 #
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 strengthenenforcing respect for Union values, in accordance with Article 2 TEU.
Amendment 252 #
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 recommendations, and a follow- up stage.
Amendment 254 #
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 the Annual Monitoring Cycle and adopt methodology for the Annual Report. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also consult independent experts on a regular basis. , civil society organisations and human rights defenders on a regular basis and create a Union mechanism to protect those contributing to the process from potential reprisals.
Amendment 263 #
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, national human rights institutions and equality bodies, professional associations and networks, Council of Europe, Organisation for Security and Cooperation in Europe and United Nations bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, 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.
Amendment 272 #
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, including relevant European Parliament resolutions and reports. 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 and the Group of States against CorruptionEuropean Economic and Social Committee, the Council of Europe, Organisation for Security and Cooperation in Europe and United Nations bodies, and other international organisations that produce relevant studies, assessments and recommendations.
Amendment 275 #
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall inform regularly the Working Group of the progress made throughout the preparatory stage and present a draft report thereon to the Working Group.
Amendment 281 #
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 Annual Report should cover in a comprehensive manner both positive and negative developments relating to Union values in 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. The Commission shall include a section on infringement procedure related to Union values in the Annual Report.
Amendment 286 #
Motion for a resolution
Annex I – part 2 – point 9 a (new)
Annex I – part 2 – point 9 a (new)
Amendment 287 #
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 the Member States with the aim of strengthening Union values. If Article 7 TEU procedure is triggered in respect of a particular Member State, the recommendations shall reflect the concerns mentioned in the reasoned proposal. 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 294 #
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, including implementation of relevant rulings of the Court of Justice. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 299 #
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, civil society organisations and human rights defenders, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue. 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 306 #
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 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 310 #
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 exceptionally request the Commission to draft an urgent report on the situationCommission may exceptionally draft an urgent report on the situation, either on its own initiative or upon request by the European Parliament or the Council. 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 316 #
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 may 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. The Commission commits to assess the appropriateness of infringement procedures, including, where necessary, requesting interim measures in the Court of Justice and submitting requests seeking that payment of a fine be ordered in cases of non- compliance with the interim measures.
Amendment 322 #
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. The three institutions agree to give a special status to the Member States concerned under Article 7 TEU, integrating the findings of the Annual Report in the procedure provided for in Article 7 TEU.
Amendment 325 #
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 the institution initiating a proposal under Article 7(1) TEU is able to participate in the hearing where that proposal is presented and is consultresent the proposal in the Council and is fully informed and involved 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 328 #
Motion for a resolution
Annex I – part 3 – point 20 – subheading 1
Annex I – part 3 – point 20 – subheading 1
Common arrangements for budgetary conditionalitytools
Amendment 330 #
Motion for a resolution
Annex I – part 3 – point 20 a (new)
Annex I – part 3 – point 20 a (new)
20a. The Council commits: - to take into account how Member States under the procedure provided for in Article 7 TEU have addressed the concerns of the reasoned proposal; - to take into account further developments, including progress and setbacks, into the scope of the hearings under Article 7 TEU; - to address concrete recommendations to the Member States concerned with set deadlines and to organise follow-up hearings; - to monitor the implementation and enforcement of the recommendations, including the coordination with the other institutions and outline the next steps, including enforcement actions; - to make public the Council proceedings, including the hearing reports and the adoption of any recommendations, in order to allow for meaningful participation by all institutions and civil society.
Amendment 334 #
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, as well as in any other assessment for the purposes of existing and future budgetary tools.