Activities of Patryk JAKI related to 2022/2051(INL)
Plenary speeches (1)
Proposals of the European Parliament for the amendment of the Treaties (debate)
Shadow opinions (1)
OPINION Proposals of the European Parliament for the amendment of the Treaties
Amendments (19)
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. SupportNotes the proposals made by the plenary of the Conference on the Future of Europe (‘the Conference’) of 9 May 2022 in relation to the field of civil liberties, justice and home affairs1 ; calls upon the Union to more systematically uphold the rule of law principles and ensure fundamental rights protecwithin its institutions, and to scrutinize respect for these values and principles, both in the accession of new members anincluding in cases of abuses of competence, lobbying, favouritism towards selected countinually across all Union policies and across the Member Stateries or companies and unacceptable ideological bias; _________________ 1 In particular the following proposals: 22, 25, 26, 27, 28, 29, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
Amendment 8 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Negatively assesses the outcome of the Conference on the Future of Europe as the citizens, Member States and national parliamentarians were effectively caught in a coordinated pincer movement organised by the federalist caucus in the European Parliament and its allies in the centralist panEuropean NGOs;
Amendment 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the abolishment ofStrongly opposes the proposal to abolish all unanimity requirements in the Treaties for adopting legislation in the area of freedom, security and justice, including for the use of passerelle clauses as the events of the last years show that the majority voting mechanism introduced by the Lisbon Treaty does not sufficiently guarantee the rights of the smaller states, and a further move away from unanimity will only exacerbate this problem, because imposition of qualified majority voting carries the risk of increasing disparities between Member States, as well as the domination of the largest states in Union policy-making;
Amendment 22 #
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the Union’s mainonly Treaty-based political instrument to address and reverse systemic rule of law threats and violations inof the Member States, Article 7 TEU, has been wholly ineffective as the rule of law situation further deteriorated since the activation of the procedure in relation to both Poland and Hungary;2 therefore, considers it necessary to reform Article 7 TEU as follows: to change the Council voting thresholds of Article 7(1) TEU from four-fifths majority to qualified majority voting, and of Article 7(2) TEU from unanimity to a four-fifths majority; to involve the institution which triggersvalues listed in Article 2 TEU in the Member States is Article 7 TEU; stresses that due to the political nature of the Article 7(1) TEU throughout the procedure;3 to require the Council to periodically organize hearings, draft country-specific recommendations and evaluate their implementation under Article 7(1) TEU; to involve the Parliament and the Commission in drafting modalities for the 7(1) TEU hearings;4 to allow the Parliament to trigger Article 7(2) TEU; to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearings; _________________ 2 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)); European Parliament resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (2022/2647(RSP)). 3 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)). 4 European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (2020/2072(INI).procedure and the lack of clear definitions of the concepts contained in Article 2 TEU, including the rule of law, any decisions in this procedure should be taken by unanimity;
Amendment 32 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 44 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the inclusion of the Charter of fundamental rights as the second chapter of the EU Treaty in order for fundamental rights and freedoms to feature more prominently in the founding Treaties; calls for the inclusion in the Treaties of a fundamental rights mainstreaming provision similar to Articles 8, 9 and 10 TFEU, so as to make the Union’s horizontal obligation to incorporate a fundamental rights perspective in all policies at all levels and at all stages explicit, hence reminding the co-legislators just as all Union institutions, bodies, offices and agencies and the Member States when they are implementing Union law to respect EU fundamental rights and promote their application in all their activities; considers it necessary, in addition, to make it mandatory for Union institutions to include fundamental rights monitoring mechanisms and related evaluation clauses whenever legislating in fundamental rights-sensitive policy areas, including the area of freedom, security and justice (enhanced fundamental rights mainstreaming)Stresses that the nature of Member States' obligations under the Charter is limited, i.e. confined to their implementation of Union law; in view of the progressive extension of Union law to further areas, underlines the importance of the principles of subsidiarity, as expressed in Article 51 of the Charter, and respect for the limits of the powers of the Union as conferred on it in the Treaties;
Amendment 50 #
Draft opinion
Paragraph 6
Paragraph 6
Amendment 59 #
Draft opinion
Paragraph 7
Paragraph 7
7. Requests giving the FRA a foundation in the Treaties, including laying down, in accordance with the UN General Assembly’s Paris Principles of 1993, itStresses that the FRA's status as an authorit body independent ofrom both the EU institutions and the Member States, its powers and its new mandate, and introducing the ordinary legislative procedure for amending it should be considered fulfilled in the current state of law, and that there is no need to amend the Treaties in this respect; recalls that Regulation (EU) 2022/555 amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights emphasises in several recitals mandate articles the independence of both the Agency and its members;
Amendment 61 #
Draft opinion
Paragraph 8
Paragraph 8
Amendment 64 #
Draft opinion
Paragraph 9
Paragraph 9
Amendment 68 #
Draft opinion
Paragraph 10
Paragraph 10
Amendment 71 #
Draft opinion
Paragraph 11
Paragraph 11
Amendment 76 #
Draft opinion
Paragraph 12
Paragraph 12
12. CallsDoes not see the need for the introduction in the TFEU of a new shared Union competence for setting up an effective legal framework against disinformation and on holding media undertakings, social networks, and online platforms responsible to counter disinformation; since it is pointless, as such legal framework can be implemented without amending the Treaties;
Amendment 82 #
Draft opinion
Paragraph 13
Paragraph 13
13. Notes that horizontal EU legislation on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation has still not been adopted since the 2008 Commission initiative due to the absence of unanimity in Council; recommends therefore that EU action to combat discriminations on the basis of Article 19 TFEU be taken in accordance with the ordinary legislative procedure;
Amendment 92 #
Draft opinion
Subheading 3
Subheading 3
Amendment 93 #
Draft opinion
Paragraph 14
Paragraph 14
Amendment 97 #
Draft opinion
Paragraph 15
Paragraph 15
Amendment 102 #
Draft opinion
Paragraph 16
Paragraph 16
Amendment 112 #
Draft opinion
Paragraph 17
Paragraph 17
17. Calls for the introduction of a Union competence in Article 82 TFEU to establishStresses that there is no need to introduce additional Union competence in Article 82 TFEU, as the current solutions regarding the minimum conditions forapplicable to detention and custody. are sufficient;