33 Amendments of Klára DOBREV related to 2018/0902R(NLE)
Amendment 1 #
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU), and in particular Articles 2, 4(3) and 7(1) thereof,
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses deep concern about the deliberate and systematic efforts of the Hungarian Government to undermine the founding values of the Union enshrined in Article 2 TEU, in particular through the removal of the constitutional checks and balances, by the limitation of the independence of the judiciary, by intentional alterations of the national electoral system and by hampering freedom of expression, academic freedoms, media pluralism and media Independence, and by challenging the right to equal treatment as well as rights of migrants and asylum seekers; highlights that these trends have substantially worsened since the triggering of Article 7(1) TEU and have been severely amplified by the COVID-19 crisis;
Amendment 8 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the rule of law does not mean rule by law, but is underlined by the principle of legality, implying a transparent, accountable, democratic and pluralistic process of enacting laws; Deplores the fact that the constitutional balance in Hungary has continued to be significantly altered by a deliberately broad and instrumental use of cardinal laws and constitutional amendments aiming to entrench the issues which are to be regulated by ordinary legislation, through amendments of constitutional level, with no or limited public consultation, in a very expedient manner, without any effective involvement of the opposition or civil society; highlights that such a trend of locking in issues at the constitutional level is problematic with regard to both the Constitution and ordinary laws, is contrary to the rule of law, to constitutional traditions and to principles common to Member States and has been a source of open and consistent criticism by the EU and by the Council of Europe institutions; denounces the excessive use of extraordinary powers with the declaration of the state of danger at the outset of the COVID-19 pandemic without limitation and with full discretionary powers granted to the government to extend or terminate it and with including a capacity for the government to set aside any law by a simple executive decree and insists that any such measures should remain necessary and proportionate and with relevant constitutional guarantees for their legislative oversight;
Amendment 10 #
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU) and as reflected in the Charter of Fundamental Rights of the European Union and embedded in international human rights treaties, and whereas those values, which are common to the Member States and to which all Member States have freely subscribed, constitute the foundation of the rights enjoyed by those living in the Union;
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 12 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas that premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the EU that implements them will be respected 2a; _________________ 2a Opinion of the Court of 18 December 2014, Opinion pursuant to Article 218(11) TFEU, 2/13, ECLI:EU:C:2014:2454, paragraph 168
Amendment 13 #
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that several recently adopted provisions in fundamental law or in cardinal acts aimed to curb the operational functioning of civil law institutions such as universities or to introduce unnecessary hurdles for making changes needed for an effective administration election, in particular by increasing obstacles for the parties to be able to run in a national list of candidates; insist that also practice adopting such laws shortly before the election is contrary to established practice and the recommendations of Venice Commission in its Rule of Law checklist; insist that on the other hand, the Hungarian government has pushed for expedient amendments without any consultation to several ordinary laws which had far-reaching negative impact on fundamental rights and right of equal treatment to increase obstacles for political parties to be able to run a national list of candidates in the parliamentary elections; recalls that the OSCE decided to send a full-scale election observation mission to the 2022 Hungarian parliamentary elections because campaign finance legislation has remained largely unchanged and the latest amendments thereto have not addressed the recommendations of the ODIHR and GRECO;
Amendment 13 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas compliance by a Member State with the values contained in Article 2 TEU is a condition for the enjoyment of all the rights deriving from the application of the Treaties to that Member State; whereas any violation of EU fundamental values by a Member State governments inevitably implies an attack on citizens’ personal freedom, political and social rights, as well as their wealth and wellbeing;
Amendment 14 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or in particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union;
Amendment 15 #
Ae. whereas Article 19 TEU gives concrete expression to the value of the rule of law affirmed in Article 2 TEU, entrusts the responsibility for ensuring the full application of EU law in all Member States and judicial protection of the rights of individuals under that law to national courts and tribunals and to the Court of Justice 3a; _________________ 3a Judgments of 27 February 2018, Associação Sindical dos Juízes Portugueses, C-64/16, EU:C:2018:117, paragraph 32
Amendment 16 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. Whereas the adoption of the Fourth Amendment of the Fundamental Law repealed the rulings of the Hungarian Constitutional Court (HCC) given prior to the entry into force of the Fundamental Law on 25 April 2011;
Amendment 17 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. Whereas the HCC increasingly relies on the vague concept of constitutional identity based on the historic constitution in its decisions; whereas the HCC does not deem that constitutional identity as list of closed and static values and will determine it on a case-by-case basis; whereas in the case- law of the HCC values the constitutional identity above the Fundamental Law; whereas the HCC may review the joint exercise of power within the European Union; whereas the Hungarian Government uses the HCC as a means of evading the enforcement of a binding CJEU judgment;
Amendment 18 #
Draft opinion
Paragraph 4
Paragraph 4
4. Expresses concern about the steps the Hungarian Government has taken to further limit the independence of the judiciary, in particular by weakening the powers of the National Judicial Council, which damages by modifying appointment procedure, and increasing administrative powers of president of the Supreme Court which takes place entirely without judicial involvement; recalls that the integrity and independence of judicial system is essential source and lack of it will damage mutual trust in the EU, as national judges are judges of first instance of EU law and guarantee equality between EU citizens through its uniform application; highlights, furthermore, that the Hungarian Government increasingly relies on the Hungarian Constitutional Court to avoid compliance with the judgments of the Court of Justice of the European Union (CJEU), thereby undermining the primacy of EU law;
Amendment 18 #
Motion for a resolution
Recital A h (new)
Recital A h (new)
Amendment 23 #
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the Council’s constitutional obligation to organise hearings, enshrined in Article 7(1) TEU, should be implemented in an open, regular and structured manner; insists that in all proceedings related to Article 7 TEU, Parliament and the Commission should be treated equally; points in that regard that the institutional responsibility of the Parliament in triggering Article 7 procedure and principle of mutual sincere cooperation between the EU institutions enshrined in Article 13(2) TEU which should ensure its participation rights in all aspects of the Article 7 procedures; calls on the Council to systematically provide the Member State concerned with recommendations, and to oversee the implementation thereof on a regular basis, following the hearings under Article 7 TEU; recalls that the Council has the obligation to regularly reassess the situation in the Member State concerned and may lift a determination if it finds that the grounds do not longer apply;
Amendment 32 #
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the judgment of the CJEU in cases C-156/21 and C-157/21 of 16 February 2022, which confirms the validity of the Rule of Law Conditionality Regulation, as it is based on an appropriate legal basis and is compatible with the procedure laid down in Article 7 TEU; insist that application of the conditionality Regulation is a tool complementary to Article 7 procedure, is directly applicable in all Member States and enforceable since January 2021 and calls on the Commission to undertake all the necessary actions for its effective enforcement; points with concern with regard to the protection of the EU budget to the recent amendments to laws narrowing the scope of application of public procurement rules in Hungary leading to reduced scrutiny and increased risk of corruption; points furthermore to a clear lack of cooperation with OLAF, as well as failures to recover of amounts due from economic operators which committed irregularity or fraud;
Amendment 69 #
Motion for a resolution
Recital J
Recital J
J. whereas on 10 June 2021, the European Anti-Fraud Office (OLAF) stated in its 2020 Activity Report that it had recommended that the Commission recover 2.2 % of the payments made under the European Structural and Investment Funds and the European Agricultural Fund for Rural Development for the period 2016- 2020; whereas this is the highest percentage of payments to be recovered among all the Member States and is far above the average of 0.29 %; whereas fraud committed against EU development funds allocated to Hungary is a direct attack on the wealth and wellbeing of Hungarian citizens; whereas the Hungarian government, consistently and deliberately turns a blind eye on high level corruption committed by politicians, their family members and oligarchs close to the government.
Amendment 93 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas in the centuries-long history of Hungary the peaceful coexistence of different nationalities and ethnic groups has had positive effects on the cultural wealth and prosperity of the nation, Hungary is reminded to continue this tradition and to resolutely oppose all efforts that might discriminate against individual groups.
Amendment 95 #
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. Whereas Hungary itself has subscribed to the values enshrined in Article 2 of the Treaty on European Union (TEU), and whereas the joy of joining the European Union in 2004 was great and full of hope, Hungary is reminded to consider itself a constructive member of the Union, to respect the Union's values of the rule of law and respect for fundamental rights.
Amendment 100 #
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. Whereas Hungary’s government disregards systematically the European supremacy principle of the role of the EU Court of Justice, but itself employs the EU Court of Justice when it comes to bringing actions against existing European laws.
Amendment 117 #
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. Whereas the systematic dismantling of the rule of law, democracy and fundamental rights has enormously restricted the space for opposition parties and civil society, leaving no social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups
Amendment 119 #
Motion for a resolution
Recital L j (new)
Recital L j (new)
Lj. Whereas the government's restrictions on civil society have destroyed the social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups, calls on the Hungarian government to make every effort to strengthen the social dialogue and broad consultation mechanism and to guarantee the rights associated with it.
Amendment 121 #
Motion for a resolution
Recital L k (new)
Recital L k (new)
Lk. Recalls the expulsion of the Central European University (CEU) from Budapest and condemns the constant attacks on academic freedom, such as the ban on gender studies in university curricula.
Amendment 123 #
Motion for a resolution
Recital L l (new)
Recital L l (new)
Ll. Whereas in Hungary independent journalists, media owners and politicians had the Pegasus software downloaded onto their mobile phones without their knowledge, and the fact that pro- government media in Hungary hardly reported on Pegasus, illustrates the restriction of freedom of assembly and the right to privacy.
Amendment 125 #
Motion for a resolution
Recital L m (new)
Recital L m (new)
Lm. Whereas non-discrimination is a fundamental right enshrined in Article 21 of the Charter and that the referendum against LGBTQ people held in Hungary on 3 April 2022 has been discriminatory and violated this fundamental right. Recalls in addition that the results were deemed invalid as neither option ('yes' or 'no') gathered 50% of the votes.
Amendment 127 #
Motion for a resolution
Recital L n (new)
Recital L n (new)
Ln. urges the Hungarian government to end discrimination against Roma, to intensify its activities to integrate Roma and to take appropriate measures to protect Roma population. Racist threats against the Roma population must be unequivocally and decisively countered.
Amendment 129 #
Motion for a resolution
Recital L o (new)
Recital L o (new)
Lo. notes that the proportion of women in the Hungarian Parliament in 2019 was 12.6 per cent, the lowest in national parliaments in Europe, and that also the new two-thirds majority has only ten women
Amendment 131 #
Motion for a resolution
Recital L p (new)
Recital L p (new)
Lp. Whereas on 5th of May 2020 the Hungarian Parliament has refused to ratify the Council of Europe's Istanbul Convention on Violence against Women. Is deeply concerned about the increase of domestic violence against women during the Corona pandemic in Europe.
Amendment 133 #
Motion for a resolution
Recital L q (new)
Recital L q (new)
Lq. Whereas the UNESCO World Heritage Advisory Council, ICOMOS International, has described the planned large-scale project at Lake Neusiedl in Fertörakos, Hungary, in an analysis as a threat to the World Heritage Site.
Amendment 135 #
Motion for a resolution
Recital L r (new)
Recital L r (new)
Lr. Condemns that, together with a high level of corruption, there has been a massive increase in social inequality, insecurity and poverty, which not only leads to great insecurity among the population but also constitutes a violation of private property rights and undermines basic civil liberties
Amendment 137 #
Motion for a resolution
Recital L s (new)
Recital L s (new)
Ls. Condemns the fact that, in the case of homelessness, the social security system focuses primarily on declaring it illegal for homeless people to stay in public areas and on punitive measures, and calls for social inclusion measures.
Amendment 179 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas democratic elections organised on level playing field are utmost important in the democratic nature of our societies;
Amendment 221 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Suggests that addressing and ignoring the recommendations by the OSCE/ODIHR election reports is discussed and as a result concrete actions are taken including under the Article 7(1) TEU procedure;