BETA

47 Amendments of Beata KEMPA related to 2021/2025(INI)

Amendment 2 #
Motion for a resolution
Citation 9
— having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget1 , _________________ 1 OJ L 433 I, 22.12.2020, p. 1.deleted
2021/04/26
Committee: LIBE
Amendment 6 #
Motion for a resolution
Citation 21
— 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) of the Treaty on European Union (COM(2017)0835),deleted
2021/04/26
Committee: LIBE
Amendment 8 #
Motion for a resolution
Citation 29
— having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights2 , _________________ 2deleted OJ C 215, 19.6.2018, p. 162.
2021/04/26
Committee: LIBE
Amendment 9 #
Motion for a resolution
Citation 32
— having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded5 , _________________ 5 OJ C 433, 23.12.2019, p. 66.deleted
2021/04/26
Committee: LIBE
Amendment 10 #
Motion for a resolution
Citation 33
— 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 rights6 , _________________ 6 OJ C 363, 28.10.2020, p. 45.deleted
2021/04/26
Committee: LIBE
Amendment 13 #
Motion for a resolution
Citation 34
— having regard to its resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU7 , _________________ 7deleted OJ C 449, 23.12.2020, p. 102.
2021/04/26
Committee: LIBE
Amendment 15 #
Motion for a resolution
Citation 35
— having regard to its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones8 , _________________ 8 Texts adopted, P9_TA(2019)0101.deleted
2021/04/26
Committee: LIBE
Amendment 16 #
Motion for a resolution
Citation 37
— having regard to its resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary10 , _________________ 10 Texts adopted, P9_TA(2020)0014.deleted
2021/04/26
Committee: LIBE
Amendment 17 #
Motion for a resolution
Citation 39
— having regard to its resolution of 17 September 2020 on the proposal for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law12 , _________________ 12deleted Texts adopted, P9_TA(2020)0225.
2021/04/26
Committee: LIBE
Amendment 18 #
Motion for a resolution
Citation 40
— having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights13 , _________________ 13deleted Texts adopted, P9_TA(2020)0251.
2021/04/26
Committee: LIBE
Amendment 19 #
Motion for a resolution
Citation 43
— having regard to its resolution of 17 December 2020 on the Multiannual Financial Framework 2021-2027, the Interinstitutional Agreement, the EU Recovery Instrument and the Rule of Law Regulation16 , _________________ 16 Texts adopted, P9_TA(2020)0360.deleted
2021/04/26
Committee: LIBE
Amendment 20 #
Motion for a resolution
Citation 44
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone17 , _________________ 17 Texts adopted, P9_TA(2021)0089.deleted
2021/04/26
Committee: LIBE
Amendment 21 #
Motion for a resolution
Citation 45
— having regard to its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism18 , _________________ 18 Texts adopted, P9_TA(2021)0103.deleted
2021/04/26
Committee: LIBE
Amendment 23 #
Motion for a resolution
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; whereas Article 2 TEU applies not only and not even primarily to the Member States, but to the European Union and the rule of law should cover the EU institutions, all the more so that they have long been accused of democratic deficit;
2021/04/26
Committee: LIBE
Amendment 27 #
Motion for a resolution
Recital B
B. whereas the annual rule of law review cycle is a welcomen addition to the tools available to preserve the Union’s values, by addressing the situation in all EU Member States based on four pillars, with a direct bearing on respect for the rule of lawthe Union; whereas it is intended as a yearly cycle to ensure the rule of law and to prevent problems from emerging or deepening;
2021/04/26
Committee: LIBE
Amendment 29 #
Motion for a resolution
Recital C
C. whereas the Commission’s first Rule of Law Report (2020 report) is limitextended in scope, as it does not covercovers more than just rule of law as one of all Union values as provided for in Article 2 of the TEU; whereas the notion of the rule of law has different and distinct manifestations in the Member States and there is no definition of it at the EU level;
2021/04/26
Committee: LIBE
Amendment 35 #
Motion for a resolution
Recital D
D. whereas while the 2020 report raises concerns and awareness, it does not provide a sufficient assessment of the effectiveness of the reforms carried out by each country, nor any concrete country- specific recommendations, which could jeopardise its intended preventive effectsbecause the Commission has no competences in this regard and the only recommendations regarding the rule of law may be addressed in accordance with procedure set up Article 7(1) TEU;
2021/04/26
Committee: LIBE
Amendment 39 #
Motion for a resolution
Recital E
E. whereas without effective follow- up under an annual monitoring cycle, the 2020 report may fail to address systemic challenges and backsliding on the rule of law as witnessed in several EU Member States in recent years;deleted
2021/04/26
Committee: LIBE
Amendment 44 #
Motion for a resolution
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU;deleted
2021/04/26
Committee: LIBE
Amendment 58 #
Motion for a resolution
Paragraph 1
1. WelcomNotes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox;
2021/04/26
Committee: LIBE
Amendment 63 #
Motion for a resolution
Paragraph 2
2. WelcomNotes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space, are all part of the Commission’s annual overview of the rule of law situation in the Member States; encouragesnotes that the Commission to also highlight positive trends in Member Statehas no competences to determine whether the situation in Member States constitutes positive or negative trends that could serve as good examples for others to follow;
2021/04/26
Committee: LIBE
Amendment 72 #
Motion for a resolution
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow- up actions and remedial measures and tools;
2021/04/26
Committee: LIBE
Amendment 78 #
Motion for a resolution
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law;deleted
2021/04/26
Committee: LIBE
Amendment 86 #
Motion for a resolution
Paragraph 5
5. Considers that the annual reports shcould identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole;
2021/04/26
Committee: LIBE
Amendment 97 #
Motion for a resolution
Paragraph 6
6. WelcomNotes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers thatorganization and functioning of state bodies, in particular the judiciary is one of the areports should go beyond a static annual snapshot and include information on relevant antecedents in the country chaptersas in which the Member States have not transferred competences to the European Union and despite this, the Commission evaluates them;
2021/04/26
Committee: LIBE
Amendment 113 #
Motion for a resolution
Paragraph 7
7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings identified as a clear risk of a serious breach of the rule of lawNotes with concern that, apart from the reporting (objective) elements, the report contains evaluative (subjective) elements, without clearly delineating them; rebukes that when assessing similar legal regulations in force in different Member States, the Commission often points to reforms planned in a given area in the Member States, differently assessing solutions designed in some and identical solutions already in use in other Member States;
2021/04/26
Committee: LIBE
Amendment 120 #
Motion for a resolution
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled byCourt of Justice of the EU more and more often goes beyond its Treaty competences and rules ultra vires; supports the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments in the CJEU pose a systemic threat to the existence of the Union; considers, therefore, that forthcoming annual reports should consider challenges from the CJEU's side to the Union’s legal architecture and principles as serious violations in the assessment;
2021/04/26
Committee: LIBE
Amendment 136 #
Motion for a resolution
Paragraph 9
9. WelcomNotes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
2021/04/26
Committee: LIBE
Amendment 153 #
Motion for a resolution
Paragraph 10
10. WelcomNotes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urginvites the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism;
2021/04/26
Committee: LIBE
Amendment 160 #
Motion for a resolution
Paragraph 11
11. DeplorNotes the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
2021/04/26
Committee: LIBE
Amendment 179 #
Motion for a resolution
Paragraph 13
13. WelcomNotes the report’s pillar on checks and balances and its examination of exceptional measures taken to fight the COVID-19 pandemic;
2021/04/26
Committee: LIBE
Amendment 184 #
Motion for a resolution
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic space;deleted
2021/04/26
Committee: LIBE
Amendment 196 #
Motion for a resolution
Paragraph 15
15. Regrets the non-implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEU of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;deleted
2021/04/26
Committee: LIBE
Amendment 204 #
16. RegretNotes the fact that the 2020 report fails todoes not encompass fully the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding onbecause they are not the rule of law;
2021/04/26
Committee: LIBE
Amendment 206 #
Motion for a resolution
Paragraph 17
17. Encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; sStresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights;
2021/04/26
Committee: LIBE
Amendment 214 #
Motion for a resolution
Paragraph 18
18. Reiterates its insistence on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament, to cover the full scope of Article 2 TEU values;deleted
2021/04/26
Committee: LIBE
Amendment 228 #
Motion for a resolution
Paragraph 20
20. WelcomNotes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
2021/04/26
Committee: LIBE
Amendment 234 #
Motion for a resolution
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, professional associations and other stakeholders; notes that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
2021/04/26
Committee: LIBE
Amendment 242 #
Motion for a resolution
Paragraph 22
22. Stresses that civil societythe Member States are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the processand therefore should hold a means of wielding influence on the reports’ final content; calls on the Commission to provide that each Member State, after the report has been prepared but before it has been published, have the opportunity to read it and raise objections or comments and the right of final acceptance of that part of the report that relates to themselves and any non- acceptance or dissent, as the case may be, should be indicated directly in the report;
2021/04/26
Committee: LIBE
Amendment 249 #
Motion for a resolution
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, includStresses that the annual monitoring cycle should be an EU-only exercise and all sources that are not EU sources should be rejected ing through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EUe selection of inputs to the report, which applies in particular to the Council of Europe and its Parliamentary Assembly, of which the EU is not a member so far;
2021/04/26
Committee: LIBE
Amendment 254 #
Motion for a resolution
Subheading 8
Institutional aspects of the EU mechanism on democracy, the rule of law and fundamental rightsdeleted
2021/04/26
Committee: LIBE
Amendment 256 #
Motion for a resolution
Paragraph 24
24. Calls on the Commission and the Council to respond positively to Parliament’s call in its resolution of 7 October 2020 for an EU mechanism on democracy, the rule of law and fundamental rights;deleted
2021/04/26
Committee: LIBE
Amendment 269 #
Motion for a resolution
Paragraph 25
25. Strongly regrets the inability of the Council to make mRecognises the leandingful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both role of the Council in ongoing Article 7 TEU procedures;
2021/04/26
Committee: LIBE
Amendment 276 #
Motion for a resolution
Paragraph 26
26. ReiteratStresses that the annual report should not serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values;
2021/04/26
Committee: LIBE
Amendment 284 #
Motion for a resolution
Paragraph 27
27. Calls for the Commission to useStresses that the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breacheshould not constitute the basis for further assessments, findings or formulation of recommendations concerning individual Member States, made in areas of the principles ofr than the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct wa, e.g. in the field of economic and fiscal policy;
2021/04/26
Committee: LIBE
Amendment 299 #
Motion for a resolution
Paragraph 28
28. Calls on the Commission to assessinform in successive reports how the issues identified in the areas analysed in previous reports have evolved;
2021/04/26
Committee: LIBE
Amendment 304 #
Motion for a resolution
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, Member States cease being democracies;deleted
2021/04/26
Committee: LIBE