12 Amendments of Javier ZARZALEJOS related to 2021/2180(INI)
Amendment 21 #
3 a. Notes the widespread use of a law of exception in different Member States to provide a legal base for the emergency measures adopted during the health crisis caused by the COVID-19 pandemic; recognizes that these measures have had an intense impact on the rights and freedoms of citizens. Underlines the importance of assessing whether these emergency measures have been in line with the constitutional frameworks of the Member States; calls for applying effective controls on government actions to protect the rights of EU citizens;
Amendment 24 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that in some Member States, the legal regime under which fundamental rights have been restricted had not been clearly established. Points out the importance of having appropriate legislation that provides the necessary legal instruments to address pandemic crises, so that respect for the rule of law, as well as for fundamental rights and constitutional requirements, are guaranteed.
Amendment 32 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s second Rule of Law Report (‘the Report’) and considers that the periodic review of the state of the rule of law is of great significance and is an essential monitoring tool; considers it vital to establish a European rule of law monitoring and enforcement architecture in the Union that is preventive and non-discriminatory; welcomes the importance that it rightly places on justice systems; stresses that effectiveness, independence and efficiency are three characteristics of justice systems which are equally essential for upholding the rule of law and which constitute the basis for mutual trust within the EU’s area of freedom, security and justice; notes the need for lawyers, judges and prosecutors to be able to exercise their functions with full autonomy and independence, without interference from any other institution or body, in accordance with the principle of the separation of powers; argues that this is an indispensable condition for ensuring equality and the protection of citizens’ rights under the law;
Amendment 43 #
Draft opinion
Paragraph 8
Paragraph 8
8. Is deeply preoccupied by the fact that judicial independence continues to be an issue of serious concern in some Member States; condemns the continued political attacks on the independence of judiciary, the primacy of EU law and the implementation of the CJEU’s rulings in Hungary and Polandthe Member States under the Article 7(1) TEU procedure; notes with deep regret that these attacks have been worsening since the publication of the Report and often target judges and prosecutors who have contested the backsliding on judicial independence;
Amendment 53 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.
Amendment 54 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.
Amendment 59 #
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the opinion of the Advocate General of the CJEU of 2 December 2021 to dismiss the action for annulment lodged by Hungary and Polandthe Member States under the Article 7(1) TEU procedure in March 2021 against Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget1 ; applauds the continued, thorough and consistent defence by the CJEU of the rule of law; _________________ 1 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 budget, OJ L 433 I, 22.12.2020, p. 1.
Amendment 70 #
Draft opinion
Paragraph 12
Paragraph 12
12. Urges the Commission, furthermore, to make robust use of its toolkit, including infringement procedures, Art. 7 TEU procedure and the conditionality mechanism, where appropriate, to quickly and efficiently address any backsliding on the rule of law in national justice systems and to protect EU financial interests;
Amendment 73 #
Draft opinion
Paragraph 13
Paragraph 13
13. Urges the Council to resume and conclude all pending procedures under Article 7(1) TEU and to inform Parliament thereof; underlines that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself;
Amendment 75 #
14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and calls for them to be given enhanced protection against intimidation or violence; condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EUunderlines the importance of strengthening the transparency of public administrations and governments; points out the necessity to ensure access to trustworthy and reliable information sources in order to guarantee quality journalism and help to effectively tackle the spread of disinformation and misinformation; condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU; urgently calls the Commission to present proposals for binding Union legislation on common and effective safeguards for victims of SLAAPs across the Union, including through a directive establishing minimum standards for protection against SLAAPs;
Amendment 135 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.
Amendment 137 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.