Activities of Gwendoline DELBOS-CORFIELD related to 2020/2136(INI)
Shadow reports (1)
REPORT on the assessment of the implementation of Article 50 TEU
Amendments (21)
Amendment 12 #
Motion for a resolution
Recital A
Recital A
A. whereas Article 50 of the TEU solvaddressed the pre-existing uncertainty and ambiguity surrounding the right to withdraw from the EU by explicitly giving Member States the unilateral right to withdraw, subject to no conditions apart from compliance with their own national constitutional requirements;
Amendment 19 #
Motion for a resolution
Recital C
Recital C
C. whereas Article 50 of the TEU is silentnot clear enough on several aspects of the procedure that arose during the withdrawal of the UK from the Union and needs further clarification;
Amendment 27 #
Motion for a resolution
Recital D
Recital D
D. whereas the decision to leave the EU resulting from the UK referendum, as expressed by UK citizens in a free and democratic process, was entithe majority of citizens in England and Wales but by a minority of citizens in Scotland and Northern Irely and fully, was respected in line with the values of freedom and democracy, as referred to in Article 2 of the TEU; whereas this referendum was not accompanied by sufficient guidance or awareness-raising campaigns for citizens on the withdrawal process;
Amendment 35 #
Motion for a resolution
Recital G
Recital G
G. whereas under the TEU, citizens are directly represented at Union level in the European Parliament; whereas the European Parliament played a crucial role in representing UK and EU citizens during the process;
Amendment 61 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the provisions of Article 50 of the TEU and the way in which they were interpreted and implemented reflect the common values that are at the foundation of the Union, in particular freedom, democracy and the rule of law; Emphasises that safeguards should be established to ensure that the public debate preceding the triggering of Article 50 by a Member States allowed for informed decision of citizens; Notes with concern the lack of debate in the departing Member state on the definition of leaving the European Union;
Amendment 64 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Article 50 of the TEU has met its objectives of preserving the sovereign right of a Member State to withdraw from the European Union and of ensuring the orderly withdrawal of the UK from the Union, while allowing for the subsequent building of an enhanced relationship between the EU and the UK as a third country; Considers that there are still some aspects of Article 50 that could be improved including the risk of no deal, the withdrawal notification revocation and the length of the conditional to agreement negotiation period;
Amendment 68 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the aims of Article 50 of the TEU and the withdrawal negotiations with the UK of ensuring disentanglement from the Union, providing legal stability and minimising disruption, and providing a clear vision of the future for citizens and legal entities, by ensuring an orderly withdrawal, while protecting the integrity and interests of the European Union, its citizens and its Member States, were generally achieved; achieved to some extent, in spite of the low level of planning from the departing state; considers that the withdrawal process was complex but that more could have been done to ensure legal certainty, especially for citizens and businesses; considers that the two year period set out in Article 50 is the minimum time period for negotiations, and suggests that this time period could be increased in order to better accommodate the major political and economic changes, including disruptive divergence of regulatory regimes;
Amendment 70 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the limited timeframe for negotiations should not lead to reduced scrutiny opportunities for national parliaments, including that of the departing Member state; Proposes that procedural guarantees ensure proper parliamentary scrutiny of the agreements reached, both in the European Parliament and in the departing State, notably by enabling enough time before their adoption;
Amendment 89 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that the withdrawal process was characterised by hesitancy on the part of the UK, leading to protracted uncertainty from the outset, reflected in the time gap between the referendum and the withdrawal notification under Article 50 of the TEU, and until the end of the negotiations, due to the spectre of a no-deal withdrawal; believes that this increased uncertainty for citizens and businesses on the island of Ireland in particular;
Amendment 95 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers, in this regard, that the political and economic consequences of the decision to leave the Union are significant; believes that these were not genuinely and fully assessed by the UK prior to its decision to withdraw, resulting in a lack of preparation for the procedure; Believes that citizens were not adequately informed about the far-reaching consequences of the decision to leave the Union; considers that the rights of European citizens resident in the departing state and citizens of the departing state resident in Member states should have been a major concern during the process, even in the event of a no deal outcome, and in the years to come;
Amendment 110 #
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikes a balance between ensuring a withdrawal process and safeguarding the flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunpossibility of remedying some of the loopholes identified in Article 50 of the TEU could be assessed, with particular regard to the following:
Amendment 134 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes, furthermore, that the withdrawal provisions of the Treaty should, as much as possible, ensure legal certainty for the EU citizens, as well as citizens of the departing State - including through affected by the withdrawal, setting out minimum standards for the protection of their rights; Believes that citizens and organisations representing citizens should be consulted throughout the withdrawal process;
Amendment 139 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points out that in order to ensure a better level of democratic accountability and transparency and to avoid uncertainty for citizens and businesses, provisions should ensure that the triggering of Article 50 is accompanied by a mandate from the departing state concerning the withdrawal agreement and the future relationship;
Amendment 140 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Believes that, given the nature of the decision to leave the Union and its fundamental impacts on citizens of the departing states, the holding of a referendum to confirm the final decision to leave can be an important democratic safeguard; Considers that the confirmation of this final choice by citizens is also crucial in case negotiations of a withdrawal agreement would have failed to conclude, provoking a no-deal scenario; Considers that all possible steps should be taken during this process to avoid disinformation, foreign interference and funding irregularities;
Amendment 145 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reminds that until a Member States has left the EU, its citizens remain EU citizens; Considers, therefore, that prior to the decision to trigger the Article 50 procedure and during the negotiations referred to in Article 50 (2), the EU institutions have a role to play towards their citizens; Believes, in particular, that provisions should ensure that the EU institutions provide information to the citizens during the different phases related to Article 50;
Amendment 159 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that, until a withdrawal agreement enters into force or, failing that, the two-year period mentioned in Article 50(3) of the TEU has elapsed, the withdrawing State remains a Member State, and enjoys all the rights and is under all the obligations deriving from the Treaties without exception, including the principle of sincere cooperation laid down in Article 4(3) of the TEU, as well as the obligation to hold elections to the European Parliament, and full protection of all citizens’ rights;
Amendment 165 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that the role of political oversight of the European Parliament is indispensable in a parliamentary democratic system; insists, in this regard, that no procedural constraints or political objectives should override or limit in time or scope the parliamentary scrutiny phase as regards any international agreements, including through their provisional application, and in particular, those concluded in the context of a withdrawal from the European Union;
Amendment 169 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers, in this context, that the role of the Parliament is essential in safeguarding the parliamentary and democratic dimension of a procedure with such a constitutional and institutional impact on the Union; cConsiders that citizens’ rights are an important issue and that the Parliament was particularly active in advocating for citizens throughout the process; Considers that its role must be enhanced in any future Treaty reform, in all aspects of the process from the negotiations to the implementation of a withdrawal agreement, including for major decisions such as extensions in accordance with Article 50(3) of the TEU;
Amendment 173 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes that the inclusion of the European Parliament during all the phases of the negotiation and the level of transparency throughout the negotiation process was instrumental in safeguarding the unity of the Union and guaranteeing the trust of the citizens; Notes that it demonstrates that when it comes to international negotiations, transparency is not detrimental to the Union interests but can on the contrary be a fundamental asset; Recommends, therefore, that the same level of transparency is applied to all negotiations of international treaties;
Amendment 185 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU and the UK; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations; Emphasises that this reflection exercise should involve civil society and representatives of citizens’ rights organisations;
Amendment 196 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and its Member States to prevent the repetition of a withdrawal from the EU; calls on Member States to consistently provide wide- reaching information to EU citizens on the functioning of the European Union, its areas of action and, its decision-making processes and the rights of EU citizens; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolve;