Activities of Gwendoline DELBOS-CORFIELD related to 2020/2072(INL)
Shadow opinions (1)
OPINION on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
Amendments (10)
Amendment 7 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States; recalls in particularcalls for the adoption of a EU mechanism on democracy, the rule of law and fundamental rights which does not create a hierarchy of values and ensures that not only the rule of law, but also other Union values, including a wider spectrum of fundamental rights, are properly assessed; recalls the importance of upholding the rule of law and the obligation of Member States to ensure effective judicial protection, which is a core value of the Union as a community based on law;
Amendment 22 #
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all contribute to the defence of the Union values in accordance with the procedurevisions set out in the Treaties; calls for such activities to be governed by an interinstitutional agreement and for existing mechanisms to be consolidated, while setting out detailed assessmenannual reports of the situations in all Member States, based on the assessment of a panel of independent experts and determining preventive and corrective actions;
Amendment 26 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Proposes that the panel of independent experts consists of one expert appointed by each Member State’s parliament among former constitutional court or supreme court judges, as well as ten experts nominated by academia, civil society and international organisations and appointed by the European Parliament;
Amendment 31 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that for effective implementation, in accordance with Article 295 TFEU and their power of self- organisation, the three institution, the future Interinstitutional Agreement on an EU mechanism on democracy, rule of law and fundamental rights should also establish a joint body responsible for coordinatclear procedures for coordinating cooperation between institutions in this field; calls for the inclusion of a debate on the conclusions of the annual report ing their cooperation in this field Council and in an inter-parliamentary conference organised by the Parliament in an Annual Monitoring Cycle;
Amendment 39 #
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence from the assessment of the panel of independent experts and lead to effective and realistic measures such us infringement procedures or sanctions where relevant;
Amendment 53 #
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the Annual Monitoring Cycle, the institutions should, in accordance with Article 11 TEU, maintain an open dialogue with representative stakeholders; the Annual Monitoring Cycle should therefore provide for compulsory consultations with organised civil society, and their views and contributions should be made public in that procesincluded in the annual reports;
Amendment 76 #
Draft opinion
Paragraph 9
Paragraph 9
9. Insist that, regardless of the annual cycle, while considering the gravity of the possible consequences of democracy, rule of law and fundamental rights violations and the scale of its effects, a specialn ad-hoc procedure for urgent cases of violation of Union values should be considered;
Amendment 83 #
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines furthermore that while considerable delay in rendering judgments, in particular in the rule of law-related cases, may result in irreversible and severe harm caused by rule of law backsliding, more consideration should be given to strengthening the Court of Justice of the European Union’s potential and role in defending the rule of law; considers that such an option could be to provide for an accelerated procedure in all such cases, systematically applying interim reliefmeasures; calls on the Commission to systematically request interim measures in the cases related to the Union values and to submit requests seeking that payment of a fine be ordered in cases of non-compliance with the interim measures;
Amendment 84 #
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that any mechanism is incomplete without positive incentives such us concrete funding to support civil society organisations working on advancing fundamental rights, the rule of law and democratic principles; emphasises the importance of upholding the Union Values Strand in the Rights and Values programme in the MFF 2021- 2027;
Amendment 85 #
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls to use the revision of the mandate of the Fundamental Rights Agency with a view to strengthening its ability to act in defence of the values enshrined in Article 2 TEU, such us providing assistance and expertise on draft EU legislation on its own initiative and not only when it is formally requested;