Activities of Beata KEMPA 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
Amendments (20)
Amendment 26 #
Motion for a resolution
Citation 23
Citation 23
Amendment 33 #
Motion for a resolution
Citation 25
Citation 25
Amendment 68 #
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particularinternational comparisons and Parliament resolutions regularly monitor democratic standards in the Member States; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence- based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 78 #
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU weaken the cohesion of the European project, the rights of all Union citizens and mutual trust among the Member Statestrengthen the rights of all Union citizens;
Amendment 84 #
Motion for a resolution
Recital D
Recital D
D. whereas the Commission is preparing to publish an annual rule of law report, to be followed by a Strategy for the Implementation of the Charter of Fundamental Rights and a European Democracy Action Plan;
Amendment 89 #
Motion for a resolution
Recital E
Recital E
E. whereas athe European Court of Auditors has issued an opinion regarding the regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, conce adopted, would become an indispensable tool in safeguardluding that the regulation lacks clear and detailed criteria and definitions of deficiencies ing the rule of law within the Union;
Amendment 92 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Emphasises that the opinion of the Council Legal Service of 25 October 2018 concluded that secondary legislation cannot circumvent the procedure laid down in Article 7 TEU and that the rule of law cannot be used as a criterion triggering the mechanism referred to in the Commission’s proposal for 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, since this would lead to the circumvention of Article 7 TEU and would be equivalent to it, and would subsequently be easy to challenge before the Court of Justice of the European Union;
Amendment 101 #
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 national and local authorities;
Amendment 111 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; Insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 121 #
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 andis gravely concerned by the economic recession, as well as corruption, and state capture, in several Member States; underlines the dangers of this trendthey present for the cohesion of the Union’s legal order, the functioning of itsthe single market, and the effectiveness of its common policies and its international credibility;
Amendment 132 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the Union remainsis already structurally ill-equipped to tackle democratic 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 fieldconsiders that the Council effectively enforces Union values;
Amendment 147 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomNotes 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 Union values becomes a permanent and visible part of the Union agenda;
Amendment 155 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 170 #
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;
Amendment 174 #
Amendment 177 #
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 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 198 #
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; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 206 #
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 both the Member States and the Union will help to promote and defend fundamental values;
Amendment 210 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 218 #
Motion for a resolution
Paragraph 12
Paragraph 12