Activities of Nicolaus FEST

Proposal for a regulation
Recital 1

(1) European statistics on population and housing are required for the design, implementation and evaluation of Union policies, in particular those addressing the migrant crisis, demographic change, the green and digital transformations, the promotion of energy efficiency, economic, social and territorial cohesion, and ~~achieving the Sustainable Development Goals of the United Nations (UN) 2030 Agenda~~the preservation of the cultural identity of the European peoples. The Union's policies may not overstep the competences conferred upon it.

2023/06/09
Committee: LIBE

2023/0008(COD)

Proposal for a regulation
Recital 6

(6) In 2017, the European Statistical System Committee (ESSC) endorsed the Budapest Memorandum, which stated the need for annual statistics on the size and on certain social, economic and demographic characteristics of the population and improved statistics on migration. For the observance of the principles of equality and non-discrimination of its citizens in all activities and the individual citizens’ rights as enshrined in the Charter of Fundamental Rights of the European Union23and Articles 10 and 19 TFEU, the Union needs reliable and comparable statistics. Regulation (EU) 2019/1700 provides a framework for data collections from samples that allow to collect data on equality and non-discrimination in so far as this is feasible on samples and to analyse some aspects of equality and discrimination by producing socio- economic indicators and information on experience of discrimination. In addition, the Fundamental Rights Agency (FRA) and the European Institute for Gender Equality (EIGE) carry out specific studies and dedicated surveys that can further extend the availability of equality statistics at EU level. Future cooperation and coordination between Member States, Eurostat and these agencies should be enhanced to meet growing user demands for reliable and comprehensive data on equality and diversity in the Union. _________________ 23 OJ C 202, 7.6.2016, p. 389.

2023/06/09
Committee: LIBE

2023/0008(COD)

Proposal for a regulation
Recital 7

(7) T~~o achieve the targets of the European Green Deal, t~~he development and evaluation of effective policies require enhanced statistics relating to the energy use and efficiency of housing, detailed geographical data on the distribution of the population as well as deeper studies of the relationship between population and housing. With the COVID-19 pandemic the need for reliable, high frequency and timely statistics on deaths in the Union was manifested. While data needs were met with a voluntary data collection from Member States to the Commission (Eurostat), the Union needs an adequate mechanism for mandatory collection of such data within the European Statistical System (ESS) with the necessary frequency, timeliness and detail.

2023/06/09
Committee: LIBE

2023/0008(COD)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘family’ means a group of two or more persons who live in the same household and who are related through parenthood or through marital~~, registered or consensual union~~ partnership;

2023/06/09
Committee: LIBE

2022/2898(RSP)

Recital A

A. whereas ~~the Union is founded on the common values enshrined in~~ Article 25(3) TEU 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 – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may states that ‘under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed a ~~systemic threat to the Un~~ction can~~d the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entities~~not be sufficiently achieved by the Member States’;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Recital B a (new)

Ba. whereas there is no commonly accepted legal definition of the concept of the ‘rule of law’ at EU level and the Commission seeks to attribute a subjective set of values and principles to it;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Recital C

C. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or in particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Unioneach Member State has its own national identity and the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between Member States;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Recital F

F. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as by candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rightsthere is no general competence in the EU Treaties that allows the institutions of the EU to enforce its interpretation of the rule of law throughout the Union;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 1

1. ~~Welcomes the Commission’s third annual rule of law report a~~recalls that the Member States par~~t of the Commission’s rule of~~e and remain, under public international law, t~~oolbox; considers that while the report represents a step towards a coherent mechanism to preserve Union values, the toolbox remains too flexible and too broad an approach to the rule of law~~he masters of the Treaties; calls for a reform of the EU towards a Europe that upholds the sovereignty and identity of our European nations and peoples;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 3

3. Deplores the fact that the Commission did not address in full the recommendations made by Parliament in its previous resolutions24; _________________ 24 Resolutions of 24 June 2021 on the Commission’s 2020 Rule of Law Report and of 19 May 2022 on the Commission’s 2021 Rule of Law Report.deleted

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 5

5. Highlights that the intentional targeting of minority groups’ rights in some Member States has created and established momentum elsewhere, as can be evidenced by backtracking on the rights of women, including a deterioration in the situation in relation to sexual and reproductive health and rights, and of LGBTIQ+ persons, migrants and other minority groups; calls for a summary of the implementation of the EU anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groups;deleted

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 6

6. ~~Welcomes the addition of country- specific recommenda~~Calls on the EU institutions, a~~s a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discus~~nd the Member States to abandon their economically and politically disastrous centralising visions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementationf an ‘ever closer union’, and instead calls for a form of European cooperation that respects the limitations of the EU as laid down by the existing Treaties and is in accordance with the principles of national sovereignty, democracy, transparency, strict subsidiarity and accountability;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 8

8. ~~Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific~~ Stresses that each Member State has its own national identity and constitutional traditions, which are in line with European values and must always be treated with respect, objectivity and with regard to the principle of equality; underlines that the rule of law is a fundamental value for all Member States; expresses concern that the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere co~~mmendation~~operation between Member States;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 9

9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society alls for an investigation into violations of fundamental rights by non- governmental organisations, including those facilitating the ~~follow-up to the report at national level, in cooperation with~~smuggling of illegal migrants into the ~~FRA~~EU;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 12

12. Reiterates its call on the Commission to expand the scope of its reporting to cover all values enshrined in Article 2 TEU; reiterates the intrinsic link between the rule of law, democracy and fundamental rights; urges the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values;deleted

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 13

13. ~~Strongly regrets the inability~~Calls ofn the Council to make meaningful progress in the ongoing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Councimmission to stop using the Rule of Law Conditionality Regulation to put political pressure on some Member States to change policies approved in democratic elections that fall wit~~self; insists that Parliament’s role and competences be respected~~hin their competence;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Nicolaus FEST, Laura HUHTASAARI

Paragraph 14

14. Strongly condemns ~~Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialogue~~the pressure put on Member States that wish to defend their constitutional identities;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 16

16. ~~Recalls its position regarding the involvement of a panel of independent experts to advise the three in~~Supports the ongoing investitugations, in ~~close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas of~~to allegations of wrongdoing by the man~~nual report, given the intrinsic links between fundamental rights and the rule of law~~agement of the EU Agency for Asylum;

2023/01/05
Committee: LIBE

2022/2898(RSP)

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 17

17. Re~~iterate~~calls that the ~~annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEU~~Union acted outside its powers in adopting the Rule of Law Conditionality Regulation, going beyond the competences conferred upon it in the Treaties by the Member States; stresses, furthermore, that the Regulation infringes the principle of legal certainty; rejects, therefore, the Rule of Law Conditionality Regulation; infringement procedures or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism its entirety; considers, too, that it is essentially a political tool for bypassing the principle of unanimity laid down in Article 7 of the EU Treaty and it thus infringes EU law;

2023/01/05
Committee: LIBE

2022/2005(INI)

Motion for a resolution
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 TEU; whereas the right to equal treatment and non-discrimination ~~is a~~and the right to freedom of expression are fundamental rights enshrined in the Charter and must be fully respected;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital B

B. whereas the EU Action Plan is the first EU policy instrument to recognise the alleged structural dimension of racism~~, which has historical roots dating back to colonialism and slavery~~;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital C

C. whereas according to the FRA, racial discrimination and harassment remain normalised throughout the EU10; whereas racism ~~and extreme right-wing~~, extreme left-wing, extreme right-wing, antisemitic and Islamist sentiments and ideology continue to pose serious challenges in our Union, but are by no means prevalent; whereas, in spite of these problems, the European Union is one of the most popular migration destinations for minority groups allegedly subject to structural discrimination; _________________ 10 https://fra.europa.eu/en/news/2019/rising- inequalities-and-harassment-fundamental- rights-protection-falters

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital C

C. whereas according to the FRA, racial discrimination and harassment remain normalised throughout the EU10; whereas ~~racism and~~ extreme ~~righ~~left-wing sentiments and ideology and the associated belief that every white person is inherently racist continue to pose serious challenges in our Union; _________________ 10 https://fra.europa.eu/en/news/2019/rising- inequalities-and-harassment-fundamental- rights-protection-falters

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital D

D. whereas structural and institutionalised racism ~~is also mirrored in socioeconomic inequality and poverty, and whereas these factors interact and reinforce each other~~originate from the Marxist school of thought, and whereas these terms hamper the fight against individual expressions of discrimination;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital D

D. whereas ~~structural and institutionalised~~ racism iscan also be mirrored in socioeconomic inequality and poverty, and whereas these factors can interact and reinforce each other;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital E

E. whereas ~~there are barriers to access justice for~~every victims of racial discrimination~~; whereas equality bodies in the Member States lack the human and financial resources and/or political will and independence to bridge this gap~~ has access to justice;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital E

E. whereas there are barriers to access justice for victims of racial discrimination; whereas equality bodies in the Member States ~~lack the human and financial resources and/or political will and independence to bridge this gap~~are politically motivated and only tackle certain forms of discrimination; whereas anti-white racism is forgotten and/or ignored;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital F

~~F. whereas the EU Action Plan lacks follow-up mechanisms and measurable targets;~~deleted

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital G

~~G. whereas the Racial Equality Directive has been insufficiently implemented by the Member States;~~deleted

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital G

G. whereas the Racial Equality Directive ~~has been insufficiently~~should be implemented by the Member States within their own national context;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital H

H. whereas the EU institutions need to take concrete steps to ensure sustainable changes towards a ~~fully inclusive and~~ respectful workplace; whereas discrimination ~~is often multidimensional and only an intersectional approach can pave the way to sustainable changes~~can affect any group within society, irrespective of ethnic or cultural background;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Recital H

H. whereas the EU institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changesstop constantly constructing new victim groups and, building on those, new victim industries, especially as the EU is one of the most tolerant places in the world, as reflected, amongst other things, in the mass migration to Europe of minority groups allegedly facing structural discrimination;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 1

1. Emphasises the urgent need for the Union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and inby all ~~areas in the EU; insists that the Union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination~~persons or groups in the EU;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 1

1. Emphasises the ~~urgent need~~possibility for the Union to develop a robust and comprehensive agenda for effectively combating racism and discrimination ~~on all grounds and in all areas in the EU; insists that~~; calls on the Union and its institutions ~~mus~~to lead by example in the fight against ~~structural and institutional~~ racism and anti-discrimination;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 3

~~3. Calls on the Council to set up a Council Gender Equality and Equality group in order to allow high-level discussions on these issues in a regular and permanent forum;~~deleted

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 4

4. Calls on the Member States to ensure the full implementation of the Racial Equality Directive; condemns the fact that racial, ethnic, linguistic and religious minorities face structural racism, discrimination, hate crime and hate speech, a lack of access to justice, and sustained socioeconomic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;deleted

2022/06/03
Committee: LIBE

Motion for a resolution
Paragraph 8

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 9

~~9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groups;~~deleted

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 9

9. Emphasises th~~e need to ensure meaningful participation of all groups affecte~~at all groups are affected by discrimination and that ethnic background should bye i~~ntersectional discrimin~~rrelevant for the purposes of participationg in policymaking at EU, national and local levels~~, especially racialised groups~~;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 10

10. Stresses the importance of collecting comparable and robust disaggregated ~~equality data to document discrimination and to tackle inequa~~data relating to ethnic background as critical policy information, to allow the debate to be conducted and politcy ~~holistically~~coordinated dispassionately in a factual manner, based on voluntary participation, self-identification and informed consent, while protecting anonymity and confidentiality, respecting the key principles of EU data protection legislation and fundamental rights and complying with national legislation; calls on the Commission to continue developing a common methodology on this with Member States in order to ensure the comparability, accuracy and reliability of the data collected; supports the FRA’s work on analysing this data and welcomes further developments in this field, in line with its new mandate;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 11

11. Calls on all Member States to adopt national action plans against racism and discrimination by the end of 2022, as provided for in the EU Anti- racism Action Plan; highlights the need to continue this EU Action Plan beyond 2025 and encourages the Commission to begin this work before the end of its current mandate;deleted

2022/06/03
Committee: LIBE

15. ~~Welcomes~~Is concerned about the Commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating antisemitism and fostering Jewish life; but deplores that the position of anti-Muslim hatred coordinator has been left vacant since July 2021; stresses that the coordinator should treat all forms of discrimination seriously and in an apolitical manner;

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 16

~~16. Underlines the need for a monitoring and accountability mechanism to ensure the effective application of EU anti-racism legislation and policy;~~deleted

2022/06/03
Committee: LIBE

2022/2005(INI)

Motion for a resolution
Paragraph 17

17. Calls for the systematic integration of issues related to anti-racism, discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by Parliament’s Bureau as part of the rule of law report;deleted

2022/06/03
Committee: LIBE

Rob ROOKEN, Cristian TERHEŞ, Charlie WEIMERS, Tom VANDENDRIESSCHE, Vincenzo SOFO, Jorge BUXADÉ VILLALBA, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2022/04/08
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 13

— having regard to the Commission’s reasoned proposal for a Council decision of 20 December 2017 on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law, issued in accordance with Article 7(1) TEU (COM(2017)0835),deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 14

— having regard to the EU Agency for Fundamental Rights’ report of 22 September 2021 entitled ‘Protecting civic space in the EU’, and its other reports, data and tools, in particular the European Union Fundamental Rights Information System (EFRIS),deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 16

~~— having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland4 , _________________ 4 OJ C 129, 5.4.2019, p. 13.~~deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 17

— having regard to its resolution of 19 April 2018 on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level5 , _________________ 5 OJ C 390, 18.11.2019, p. 117.deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 18

— having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) TEU, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded6 , _________________ 6 OJ C 433, 23.12.2019, p. 66.deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 19

— having regard to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights7 , _________________ 7 OJ C 363, 28.10.2020, p. 45.deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 24

— having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament12 , _________________ 12 Texts adopted, P9_TA(2021)0362.deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 25

~~— having regard to its resolution of 14 September 2021 on LGBTIQ rights in the EU13 , _________________ 13 Texts adopted, P9_TA(2021)0366.~~deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Citation 28

— having regard to its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society16 , _________________ 16 Texts adopted, P9_TA(2021)0451.deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital A a (new)

Aa. whereas the EU conception of the rule of law is based, within EU law, on Article 2 of the Treaty on European Union (TEU), which lists the rule of law as one of the founding principles of the Union, equally ranked with human dignity, freedom, democracy, equality, and respect for human rights, but not identical to these other founding principles;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital A b (new)

Ab. whereas Article 5 TEU states that the EU may only exercise those powers conferred upon it in the Treaties by the Member States and that any powers not so conferred remain with the Member States;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital B

B. whereas the ~~annual rule of law review cycle is a welcome addi~~common understanding of the EU conception tof the ~~tools available to preserve the Article 2 TEU values by addressing the situation in all EU Member States in a report based on four pillars with a direct bearing on respect for the rule of law;~~ rule of law has evolved into a concept sui generis, which has not much to do with either the principle of ‘state rule through law’ or the traditional principle of the rule of law as found in Common law;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas the Commission seeks on the one hand to bind the Member States to EU law, as under the ‘state rule through law’, putting the Union hierarchically above the Member States, while on the other hand it seeks to replace the traditional content of the rule of law by constructing an artificial and likewise unhistorical set of values and principles;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital C a (new)

Ca. whereas the Commission uses the EU conception of the rule of law against Member States that do not subscribe to the set of values and principles it has constructed; whereas the Commission is instrumentalising the rule-of-law conditionality mechanism against Poland, Hungary and other states which insist on the supremacy of their traditional values and own, yet equally legitimate, acceptation of the rule of law; whereas this mechanism is a powerful political coercion tool that poses a potential threat to all Member States;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital D

D. whereas ~~it is necessary to strengthe~~the rise in anti-semitism and any loss of woman’s rights in the Union can~~d streamline existing mechanisms and to develop an effective EU mechanism on democracy, the rule of law and fundamental rights to ensure that Article 2 TEU values are~~ be linked to an increase in the Islamisation of some Member States; notes that this is a catastrophic by-product of mass-immigration by third country nationals who have no intention of embracing or upheold ~~throughout the Union~~ing European values;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital D a (new)

Da. whereas the rule-of-law conditionality mechanism is applied unequally as there are a number of Member States which have institutional procedures and state action in place that contradict the traditional understanding of the rule of law; whereas the governing coalitions have the power to appoint Supreme Court judges in Germany; whereas a former deputy chairman of the CDU/CSU parliamentary group in the German Bundestag was elected to the Federal Constitutional Court, over which he is now presiding; whereas home affairs ministers in Germany have the power to order state attorneys to commence and cease criminal proceedings; whereas the German Government removed from his post the former President of the Federal Office for the Protection of the Constitution as he was unwilling to launch a surveillance procedure against Germany’s biggest opposition party; whereas, without delay, his replacement began working towards the launching of such a procedure immediately after taking office; whereas German Courts have already twice deemed such action a violation of the law; whereas the persecution of this opposition party is clearly politically motivated, as shown by the effort to stigmatise it ahead of a series of important regional elections and the Federal elections in the early autumn;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital D b (new)

Db. whereas it is obvious that the Commission is not addressing violations of the rule of law equally; whereas the delay in the adoption of the Guidelines for the Rule of Law Mechanism demonstrates that the Commission is putting political considerations in the Council above EU law by which the Commission is bound;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Recital D c (new)

Dc. whereas the Commission is nowadays a politicised Commission; whereas the Treaties designate the Commission as the Guardian of the Treaties; whereas a politicised Commission cannot be trusted to apply the law equally;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s second annual rule of law report; regrets the fact that the Commission did not address in full the recommendations made by Parliament in its resolution of 24 June 2021 on the Commission’s 2020 Rrule of the law in the Member States, most of which are deeply rooted in the Western legal tradition in which the rule of law has thrived; respects the national deviations of the general concept of the rule of law as evidenced by the vastly differing legal traditions in the Member States; recalls that the concept of rule of Llaw ~~Report; considers that these recommendat~~cannot be construed as the Commission’s ~~remain valid and reiterates them~~subjective interpretation and application of the law;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Welcomes that the Commission notices that the urgency measures in the wake of the Covid-19 pandemic have put strains on democratic legitimacy, as well as on the normal working of constitutional and legal systems and public administration; regrets however that the Commission lacks the interest to scrutinise in depth the effect of repeated lockdowns, government-mandated vaccination, shutdowns of businesses, and restrictions on moving about anonymously through the vaccination passports have on individual liberty and hence the rule of law;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 2

2. Welcomes the ~~fact that the func~~Commission's search for a lean definition~~ing~~ of ~~justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain ext~~the rule of law by stating the key principles of legality, legal certainty, prohibition of the arbitrary exercise of executive power, effective judicial protection by independent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic space deserves a separate subheading in the report; nd impartial courts respecting fundamental rights in full, the separation of powers, permanent subjection of public authorities to established laws and procedures, and equality before the law; regrets however that the Commission defines the scope of the 2021 Rule of Law report in a way that does not follow the criteria of its own lean definition, such as anti-corruption, media pluralism and civic space;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 4

4. ~~Welcomes the fact that~~Notes that while all Member States are said to be scrutinised according to the same indicators and methodology; emphasises that presenting deficiencies or breaches of a different nature or intensity risks trivialising the most serious breaches of the rule of law; urges the Commission to differentiate its reporting by distinguishing between systemic breaches of the rule of law and isolated breaches, there is an observable gap between the stated goal and the reality;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 5

5. ~~Regret~~Notes the fact that the report fails to clearly recognise ~~the~~any deliberate process of the rule of law backsliding in Poland and Hungary; calls on the Commission to make clear that when the Article 2 TEU values are being deliberately, gravely, permanently and systematically violated over a period of time, Member States could fail to fulfil all the criteria that define a democracy and become authoritarian regimes;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 6

6. Regrets the fact that several Member States, in particular Hungary and Poland, had to be mentioned several times by the Commission as points of concern in the synthesis report; recalls that since June 2021 Parliament has also addressed the rule of law situation in Hungary, Poland and Slovenia in its plenary resolutions; further recalls that Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ Democracy, Rule of Law and Fundamental Rights Monitoring Group has also addressed similar issues in Bulgaria, Greece, Malta, Slovakia and Slovenia, but has ignored far greater breaches in Germany;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 12

12. Regrets the fact that the 2020 report 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;deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
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+ 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 rightscontinue to see their rights not being fully respected across the Union;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
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; ~~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;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
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; 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;~~

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 16

16. Recalls that the Commission must take into account relevant information from pertinent sources and recognised institutions; recalls that the findings of relevant international bodies, such as those under the auspices of the UN, the OSCE and the Council of Europe, are of crucial importance; ~~believes that EFRIS is a useful source of information in this regard;~~

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 17

17. Calls on the Commission to ~~invite the EU Agency for Fundamental Rights (FRA) to provide~~ensure it has the best methodological ~~adv~~practices and ~~conduct~~ comparative research to add detail in key areas of the annual report~~, bearing in mind that the right to a fair trial, freedom of expression and other fundamental rights have intrinsic links with the rule of law~~;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 18

18. Considers that cooperation ~~with the Council of Europe and other international organisation~~between Member States is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; calls on the Commission to analyse systematically data on non-compliance with judgments of the European Court of Human Rights ~~and views of the UN Treaty Bodies concerning individual communications~~; urges the Commission to uphold its own rules in the area of transparency, anti- corruption and justice;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 19

19. Regrets the reluctance of the Commission and the Council to respond positively to Parliament’s call, in its resolution of 7 October 2020, for a joint EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values; reiterates its call on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement;deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
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 reluctance of 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 States;deleted

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 21

21. Calls on the Commission to explore the ~~full potential of developing~~closing down of the FRA in accordance with principles relating to the status and functioning of national institutions for the protection and promotion of human rights (the Paris Principles) in order for it to become a fully independent body providing impartial and publicly available positions on country- specific situations in the field of democracy, the rule of law and fundamental rights; underlines that such development should go hand in hand with an increase in availableto save €x million in available taxpayer resources;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 22

22. Re~~iterates that the annual report should serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU,~~jects the rule-of-law conditionality mechanism; considers Regulation (EU, Euratom)2020/2092 on the Rrule of Llaw ~~Conditionality Regu~~a violation, of the ~~Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation~~unanimity principle enshrined in Article 7 TEU and therefore a breach of CJEU ~~judgments; calls on the institutio~~law; expects the lawsuits brought against t~~o activate such tools without delay~~he Regulation to be successful;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
Paragraph 23

23. ~~Recall~~Notes that ~~infringement procedures are the core instrument to protect and defend EU law~~ the Commission has evolved into a political player rather thand the ~~common values enshrined in Article 2 TEU; notes with concern~~Guardian of the Treaties; underlines that the nuMember ~~of infringement procedures launched by the Commission has plummeted since 2004; is surprised by~~States are, and should remain, the Masters of the Treaties; considers that the Commission has unhealthily outgrown the role it was assigned by the Treaties; hence notes that the fact that infringement procedures are not triggered systematically as soon as the relevant infringement is documented in the annual report; deplores the Commission’s reluctance to exhaust the possibilities of infringement procedures against Member States as the instrument most tailored to resolve the issues efficiently and without delay; notes that this reluctance resulted in calls on Member States to initiate inter- State cases in accordance with Article 259 TFEU; is concerned that without systematic and tim is due to the politicised and therefore partial Commission; calls on applying the mechanism of the annual rule of law report on the Commission first and to suspend its application on the Member States until this has been done in a proper way; recalls in this context as examples for possible violations of the rule of law at Union level the alleged partiality of the European courts in certain issues, the breach of Union law by setting up the NGEU, as welyl a~~pplic~~s the violation of the pr~~eventive capacity of infringement procedures declines~~ohibition of monetary financing according to Article 123 TFEU;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
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 law;

2022/03/01
Committee: LIBE

2021/2180(INI)

Motion for a resolution
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 basis and also address new developments; reiterates its call on the Council to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; insists that Parliament’s role and competences be respected;deleted

2022/03/01
Committee: LIBE

2021/2179(INI)

Motion for a resolution
Paragraph 17

17. Notes that the full potential of the social economy sector for addressing socio-economic challenges requires a clear identification of social priorities by public authorities; highlights that social economy projects do generally require a close partnership with public entities, and calls therefore on the ~~Commission and~~ Member States to develop~~, within the macro- economic governance framework provided at EU level,~~ a social investment strategy where social priorities are clearly identified and which can provide a framework for cooperation between public authorities and social economy organisations;

2022/03/09
Committee: EMPL

2021/2170(INI)

Draft opinion
Recital A a (new)

Aa. whereas the ‘at-risk-of-poverty rate’ is the main indicator used by the EU to measure poverty; whereas, according to the EU’s definition, an individual is deemed at risk of poverty if their net monthly income is below the average for all households;

2021/12/08
Committee: EMPL

2021/2170(INI)

Draft opinion
Paragraph 1

1. ~~Calls for an overarching European anti-poverty strategy, with ambitious targets for reducing poverty and a focus on breaking the intergenerational cycle of~~Notes that the EU uses the ‘at- risk-of-poverty rate’ as an indicator to measure progress in reducing poverty; points out that this indicator measures income inequality rather than poverty; calls on the EU to use an alternative indicator instead of the misleading ‘at- risk-of-poverty rate’ so that assistance and help can better be prov~~erty risk~~ided to the truly poor in the EU Member States;

2021/12/08
Committee: EMPL

2021/2170(INI)

Draft opinion
Paragraph 2

2. Calls on the ~~Commission and the~~ Member States to reduce the burden of women by ensuring affordable and quality care and services for people with disabilities, the elderly and other dependants; calls on the ~~Commission and the~~ Member States to adequately fund public services and social infrastructure, as this would allow more women to participate in the labour market and would also contribute to reducing the risk of women falling into poverty;

2021/12/08
Committee: EMPL

2021/2170(INI)

Draft opinion
Paragraph 6

6. Calls on the Commission and the Member States to submit initiatives to promote women’s empowerment through education, vocational training and lifelong learning, as well as access to finance, female entrepreneurship and women’s representation in future-oriented sectors with a view to ensuring access to high- quality employment; calls on the Member States to expand and improve childcare provision so that women are more employable on the job market and increasing numbers of women are employed in more highly paid full-time jobs; calls for greater promotion of STEM subjects, digital education, artificial intelligence and financial literacy in order to ensure that more women enter these sectors and contribute to their development.

2021/12/08
Committee: EMPL

2021/2098(INI)

Motion for a resolution
Recital C

C. whereas the COVID-19 pandemic ~~has~~, in particular the overzealous response from governments to the pandemic, have disproportionately affected the mental well-being of those facing financial uncertainty~~, as well as of vulnerable populations, including ethnic minorities, the LGBTI+ community, the elderly, persons with disabilities and young people~~;

2022/03/11
Committee: EMPL

2021/2098(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Believes that excessive COVID-19 restrictions from the EU and national governments have contributed significantly to the deterioration of mental wellbeing in the workplace; considers, in particular, that vaccination requirements to maintain gainful employment in some Member States is both immoral and unjustified and has undoubtedly exacerbated the mental wellbeing of unvaccinated employees;

2022/03/11
Committee: EMPL

2021/2098(INI)

Motion for a resolution
Paragraph 4

4. Regrets the fact that the TEU allows for more EU action on health than has actually been taken; considers mental health to be the next health crisis and that the Commission must examine all relevant possibilities to tackle this, including the urgent creation of an EU Mental Health Strategy;deleted

2022/03/11
Committee: EMPL

2021/2098(INI)

Motion for a resolution
Paragraph 5

5. Recalls that the pandemic demonstrated the ~~need for coordinated~~weakness of EU-level action to respond to health emergencies, revealing shortcomings in foresight, including in preparedness and response tools;

2022/03/11
Committee: EMPL

2021/2098(INI)

Motion for a resolution
Paragraph 11

11. Considers that the right to disconnect ~~essential~~is one measure to ensur~~ing~~e the mental well-being of employees; re~~iterates its~~ calls onthat the ~~Commission to propose legislation requiring line managers to set minimum requirements for remote working~~right to disconnect can be and is, regulated by national governments and therefore rejects any interference from the Commission on the competences of a Member State;

2022/03/11
Committee: EMPL

2021/2098(INI)

Motion for a resolution
Paragraph 14

14. Believes that the measures to encourage improvements in the safety and health of workers are not effective for the assessment and management of psychosocial risks; calls on the Commission to recognise anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16 ; __________________ 16 European Agency for Safety and Health at Work (2021), Telework and health risks in the context of the covidovid-19 pandemic: evidence from the field and policy implications, 2021.Calls on the Member States to tackle anxiety, depression and burnout in the workplace;

2022/03/11
Committee: EMPL

2021/2098(INI)

Motion for a resolution
Paragraph 14 a (new)

14a. Considers that mental health issues are sometimes misused by employees to justify being granted extended periods of leave, to excuse workplace misbehaviour and to evade dismissal from the workplace; acknowledges that such examples can be costly for businesses and sometimes affect the mental wellbeing of fellow colleagues; considers that caution must be taken to distinguish between genuine mental health issues and those who seek to use it as an excuse;

2022/03/11
Committee: EMPL

2021/2062(INI)

Motion for a resolution
Paragraph 8

8. Highlights that well-designed labour taxation systems are essential to ensuring high standards of worker protection against risks and illness, and the provision of old age pensions; believes that ~~tax systems should focus on taxing high- income, and especially high-wealth, proper~~labour taxation and social security, capital income and gains, and wealth at the same level as labour income in order to make the systems fairer, to reduce inequalities and to significantly increase the revenue; stresses that this revenue could be used to fund key priorities and help address Member States’ fiscal challenges, and contribute to the long-term sustainability of public finaontributions, particularly in Western Europe, are far too high; recognises that the EU has very limited competences, in~~cluding by strengthening the coverage, adequacy of health and social protection systems for all, and ensuring their long-term funding~~ the field of taxation;

2021/07/15
Committee: EMPL

2021/2062(INI)

Motion for a resolution
Paragraph 9

9. Highlights the importance of ~~integrating sustainable well-being~~transparency and accountability in the EU budgetary planning;

2021/07/15
Committee: EMPL

2021/2062(INI)

Motion for a resolution
Paragraph 11

11. Believes that, in the context of the Recovery and Resilience Plans, skyrocketing public debt levels and the upcoming reform of the Stability and Growth Pact and the Semester process, Parliament’s proposal for the adoption of a sustainable well-being and social progress pact making social and sustainable targets mandatory in order to achieve the UN SDGs has become more relevant than ever;deleted

2021/07/15
Committee: EMPL

2021/2062(INI)

Motion for a resolution
Paragraph 15

15. Acknowledges that the Member States are projected to reach their pre-crisis level of quarterly output by the end of 2022; ~~warns that for the recovery to be sustainable, it is~~considers it essential that quality jobs are also created for medium- and low- skilled workers ~~and especially for women~~, as it has been proved that they are essential for the resilience of our societies and economies;

2021/07/15
Committee: EMPL

2021/2062(INI)

Motion for a resolution
Paragraph 17

17. Stresses that if the EU wants to lead global ~~sustainable~~ recovery, millions of well-paying jobs must be created, including for medium- and low-skilled workers~~, so that everyone has the opportunity to contribute to the common European project~~; insists that more investment is needed in research, and innovation~~, and zero carbon technologies~~;

2021/07/15
Committee: EMPL

2021/2062(INI)

Motion for a resolution
Paragraph 18

18. ~~Warns that only country-specific recommendations (CSRs) that contribute to the social objectives established in the RRF Regulation can be taken into account in~~Recognises that the implementation of national recovery and resilience plans (NRRPs), andre th~~at for NRRPs CSRs have to be interpreted in a way that contributes to the achievement of the Regulation’s social objectives; demands a revision of the CSRs in order to ensur~~e responsibility of the Member States; believes that Member States should first and foremost prioritise eco~~herence between them and the general and specific objectives of the RRF Regulation~~nomic recovery as a strong economy is integral to achieving social progress;

2021/07/15
Committee: EMPL

2021/2062(INI)