70 Amendments of Cristian TERHEŞ related to 2021/2180(INI)
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the important role of the Committee on Petitions in identifying and flagging possible breaches of the rule of law by both national and Union administrations, taking into account the numerous petitions received from citizens concerned about breaches of the rule of law in several Member States; strongly believes that full protection of all EU citizens can only be ensured throughout the Union if all Member States and EU institutions comply with all principles of the rule of law and the division of competences as granted in the Treaties;
Amendment 11 #
Motion for a resolution
Citation 16
Citation 16
Amendment 15 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that judicial accountability and prosecutorial and judicial independence are crucial components of the rule of law; calls on the Commission to enforce these core EU values when they are infringed by Member States in order to increase citizens’ trust in the judiciary;
Amendment 16 #
Motion for a resolution
Citation 18
Citation 18
Amendment 20 #
Motion for a resolution
Citation 20
Citation 20
Amendment 26 #
Motion for a resolution
Citation 24
Citation 24
Amendment 28 #
Motion for a resolution
Citation 25
Citation 25
Amendment 30 #
Motion for a resolution
Citation 26
Citation 26
Amendment 32 #
Motion for a resolution
Citation 27
Citation 27
Amendment 36 #
Motion for a resolution
Citation 29
Citation 29
Amendment 37 #
Draft opinion
Paragraph 7
Paragraph 7
Amendment 37 #
Motion for a resolution
Citation 31
Citation 31
Amendment 45 #
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the common values enshrined in Article 2 TEU 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 (Article 2 TEU values) – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union; 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 the Union's institutions must also respect the equality of the Member States under the Treaties as well as their constitutional and legal order, national identities as well as cultural traditions;
Amendment 51 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national and regional governments on EU territory that refuse to follow judgments; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with5 in those topics where the European Union has exclusive competences; _________________ 5 Petition No 0858/2017.
Amendment 51 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. considering that the supreme law of each state, validated through the direct vote of the citizens is the Constitution, and considering that European citizens have refused to adopt a Super-Constitution at European level, the European Treaties cannot themselves fulfil the role of the European Constitution and prevail over the national constitutions;
Amendment 53 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets the attitudes of the Catalan government authorities, boasting publicly of their refusal to comply with the judgments ruled by the competent courts in the field of education, flagrantly breaching the right of children to study in the official language of their Member State; considers that these attitudes and actions, together with the harassment of the plaintiffs, jeopardise the compliance of the rule of law and the separation of powers, thereby seriously harming the law and the rights of citizens;
Amendment 55 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Article 2 TEU applies to the European Union and the Rule of Law Report should cover primarily the EU institutions, all the more so that they have long been accused of democratic deficit;
Amendment 56 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas there is not yet an agreed definition of the rule of law and a single system to assess the compliance with the rule of law at the level at EU, equally applied to all the Member States.
Amendment 57 #
Draft opinion
Paragraph 9
Paragraph 9
9. Invites the Commission to take measures to strengthen corruption prevention6 in order to create more transparency in administration and improve access to information about lobbying and oversight of political party, trade unions, NGOs and employers' associations financing; _________________ 6 Petitions No 0822/2020 and 0194/2020.
Amendment 57 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the Commission has blatantly violated the transparency principle and negotiated with the pharmaceutical companies contracts regarding the manufacturing of the anti- Covid-19 vaccines, which, to this day, are not public in their entirety;
Amendment 58 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the European Ombudsman has conducted an investigation at the end of 2021 regarding the Commission President and the chief executive(CEO) of a pharmaceutical company who had exchanged texts and calls related to the procurement of COVID-19 vaccines, refusing to make them public afterwards. The Ombudsman found that it constituted maladministration, as the exchanges took place in the context of negotiations on a contract for the procurement of vaccines that was later concluded1a _________________ 1a https://www.ombudsman.europa.eu/en/rec ommendation/en/151678
Amendment 59 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas transparency is one of the key founding elements of the European Union and, despite this fact, the European Commission had not disclose the name of authors of the last two Rule of law reports, which raise doubts about the objectivity of these reports;
Amendment 65 #
Motion for a resolution
Recital B
Recital B
B. whereas the annual rule of law review cycle is a welcomen addition to the tools available to preserve the Article 2 TEU values by addressing the situation in all EU Member States in a report based on four pillars with a direct bearing on respect for the rule of law;
Amendment 68 #
Motion for a resolution
Recital C
Recital C
Amendment 79 #
Motion for a resolution
Recital D
Recital D
Amendment 81 #
Draft opinion
Paragraph 13
Paragraph 13
13. Observes that fake news and the resulting misinformation aimed at EU citizens are a threat to our EU democracies10 especially when the source of misinformation is founded in the institutions of the European Union or the Member States; notes, however, that overly extensive control of false information and the increased promotion of disinformation campaigns may lead to a violation of Article 11(1) of the EU Charter of Fundamental Rights which guarantees the right to receive and impart information and ideas without interference by public authorities and regardless of borders11 ; _________________ 10 Petitions No 1310/2019, 0268/2020, 0743/2020 and 1293/2020. 11 Petition No 1336/2020.
Amendment 85 #
Draft opinion
Paragraph 14
Paragraph 14
14. Is concerned about the increase in hate crimes agpropaganda campaigns that minorities, in particular those related to religious beliefs, political ideas and sexual orientation12 ; is aware of the difficult balance between hate speech and freedom of expression and acknowledges that the boundaries are hard to defineare being targeted with hate crimes; Points out that the balance between hate speech and freedom of expression is very hard to define and therefore before taking legal or any other measures, detail analysis should be made; in this regard recalls the need of strict supervision of the codes and mechanisms used by social media platforms to make their assessments on posted content; _________________ 12 Petitions No 0354/2020, 0657/2020, 1038/2020, 0471/2021, 0480/2021, 0667/2021, 0704/2021, 0725/2021, 0820/2021, 0855/2021 and 0894/2021.
Amendment 86 #
Motion for a resolution
Recital D
Recital D
D. whereas it is necessary to strengthen and streamline existing mechanisms and to develop an single, effective EU mechanism on democracy, the rule of law and fundamental rights to ensure that Article 2 TEU values are upheld throughout the Union;
Amendment 90 #
Draft opinion
Paragraph 15
Paragraph 15
Amendment 92 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas only Article7 of the TEU provides for a Union competence to supervise the application of the rule of law, as a value of the Union, in a context that is not related to a specific material competence or that exceeds the scope of competences; whereas Article 7 TEU does not set a basis to further develop or amend the procedure described within it;
Amendment 98 #
Draft opinion
Paragraph 16
Paragraph 16
16. Underlines that the role of civil society organisations is of particular importance; calls on the Commission to foster debates with civil society organisations in order to take note of all their concerns and involve them more effectively in follow-up meetings; highlights the need to offer longer consultation periods to guarantee proper participation of all civil society organisations., while noting at the same time that a clear set of rules on their financing should be developed;
Amendment 100 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas there have been complaints from NGOs, professional associations of magistrates and Member States about the objectivity of the Rule of Law Reports and the sources of information chosen by the Commission for the reports;
Amendment 102 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the fight against corruption and any other infractions is a key component the rule of law, emphasizes that it must be carried out in strict compliance with the law, the right to a fair trial and the effective guarantee of fundamental rights and freedoms;
Amendment 105 #
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Deplores the actions of concealment and omission carried by public administrations in relation to the sexual abuse of minors under the care of regional administrations in Spain[1];recalls that the rights of minors must be protected super omnia; condemns those politicians who tried to dismiss parliamentary investigations aimed at clarifying responsibilities for ideological or partisan reasons16a; _________________ 16a Petition No 1313/2020 and 0468/2021
Amendment 106 #
Draft opinion
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Condemns the restriction to the freedom of movement of citizens affected by the "low emission zones" imposed in big cities; regrets that these arbitrary political measures mainly harm the most vulnerable citizens who cannot renounce to use their old cars16b _________________ 16b PetitionNo 1358/2020 and 0621/2021
Amendment 109 #
Draft opinion
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Shows its total solidarity and full support for all victims of terrorism; condemns the fact that current governments negotiate with the heirs of armed bands; regrets that there are still unsolved terrorist attacks, especially the 379 unsolved murders committed by the terrorist group ETA16c _________________ 16c Fact Finding Mission to Vitoria and Madrid, Spain for the 379 unsolved cases of murders perpetrated by the terrorist group ETA
Amendment 114 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomCalls to the Commission's attention that, when drafting the Rule of Law Report, the sovereignty and constitutional order of each and every Member States have to be respected; notes the Commission’s second annual rule of law report; regretnotes the fact that the Commission did not address in full the recommendations made by Parliament in its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report; considers that these recommendations remain valid and reiterates them;
Amendment 117 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission’s second annual rule of law report; regrets the fact that the Commission did not address in full the recommendations made by Parliament in its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report; considers that these recommendations remain valid and reiterates them;
Amendment 120 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the 2021 Rule of Law report, like the 2020 one, does not have the name of the authors who wrote the report; calls on the Commission to be fully transparent about the report and disclose in the report the name of the people who wrote it;
Amendment 121 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to disclose the text messages exchanged between the Commission President and the CEO of the pharmaceutical company on the purchase of COVID-19 vaccines; finds it unacceptable that the same Commission and its very President, which are disrespecting fundamental principles which are the bedrock of a democratic society, are assessing the performance of Member States with respect to these principles; states that any entity performing such a task must be above any suspicions and controversies, the Commission and its President being far from complying with these minimal requests;
Amendment 128 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomNotes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic space deserves a separate subheading in the reportthe report extends its scope, as it covers more than just rule of law;
Amendment 134 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points to the fact that the independence of lawyers and Bars is unconditionally interlinked with the independence of other actors of the judiciary and is therefore a part of the independence of the justice system; regrets, therefore, that the issue is not taken properly into consideration by the Commission and requests that in the 2022 Rule of law Report there is a more developed analysis of the independence of lawyers and Bars as indispensable component of the independence of the justice system, due process and of the rule of law;
Amendment 149 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 151 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that the Commission has not looked into the fact that in many Member States the courts have overturned many abusive measures imposed under the pretext of combating the spread of the Covid19 virus; points to the fact that in some Member States the courts either postponed unreasonably or found excuses not to rule definitively on cases related to these abusive measures raised;
Amendment 152 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Deplores that the Commission has not taken into consideration that in a number of Member States the governments have classified information on public procurement during the Covid- 19 pandemic, thus increasing the risk of corruption and mistrust among citizens; calls on these Member States to reverse these abusive measures and be fully transparent with these procurements;
Amendment 153 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Highlights that the Oviedo Convention on Human Rights and Biomedicine and its Protocols, as well as the Charter of Fundamental Rights of the EU, especially in Article 3, guarantee, without discrimination, the respect for bodily integrity of any person, stating that one can receive a medical product only after “free and informed consent”; notes, with deep concern, that despite such provisions in EU law with respect to fundamental rights, many EU Members States, with the tacit approval of the European Commission, have imposed sanctions or restrictions to citizens who are not vaccinated, such as denying them access to employment, to public places like public transportation, hotels, restaurants etc. or even fining them, thereby coercing them into being vaccinated against their will; calls on the European Commission and the Member States to stop immediately any restrictive or punitive measures against people who are not vaccinated, and respect the right of all people to their bodily integrity;
Amendment 154 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Recalls with concern that the right to healthcare of all the people should be respected and calls on the Member States to remove any restrictions that would discriminate people in having access to proper healthcare based on their vaccination status;
Amendment 155 #
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Highlights that the closing of educational facilities during the pandemic in all Member States has led to an unprecedented shift to online learning, even though the educational systems lacked the necessary digital infrastructure and that less than 40% of educators were ready to use digital technologies in teaching and that many low-income homes had no access to computers;
Amendment 157 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the facPoints out that all Member States arhave to be scrutinised according to the same indicators and methodology; emphasises that presenting deficiencies or breaches of a different nature , as they deserve the same treatment via an unique assessment instrument; notes with concern that, apart from the repor tintensity risks trivialising the most serious breaches of the rule of law; urgg (objective) elements, the reports contain evaluative (subjective) elements, without clearly delineating them; rebukes that, when assessing similar legal regulations in force in different Member States, the Commission to differentiate itsoften points to repforting by distinguishing between systemic breaches of the rule of law and isolated breachms planned in a given area in the Member States, differently assessing solutions designed in some and similar solutions already in use in other Member States;
Amendment 168 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 183 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. RegretNotes the fact that several Member States, in particular Hungary and Poland, had to b were mentioned several times by the Commission as points of concern in the synthesis report; recalls that since June 2021 Parliament has also addressed the rule of law situation in Hungary, Poland and Slovenia in its plenary resolutions; further recalls that Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ Democracy, Rule of Law and Fundamental Rights Monitoring Group has also addressed similar issues in Bulgaria, Greece, Malta, Slovakia and Slovenia;
Amendment 193 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report shcould identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole;
Amendment 198 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Commends the effort of the 2021 report to compare the situation with that of the 2020 report; believes that it is necessary to identify clearlyNotes that the Commission has no competences to determine whether a situation in a Member State constitute positive andor negative trends as regards the rule of law situation and provide an analysis of the underlying reasons for that;
Amendment 199 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the 2021 report cshould have provided clearerno assessments, stating whether there were deficiencies, a risk of a serious breach or an actual breach of Article 2 TEU values in each of the pillars analysed in the country chapters; calls for a more integrated analysis on the interlinkages between the four pillars and of how combined deficiencies may amount to breaches or risks of a breachbut only objective information regarding the situation in the Member States;
Amendment 208 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomDeplores the Commission’s intention to include country-specific recommendations in the 2022 report; calls on because the Commission to accompany such recommendations with deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendationshas no competences in this regard and the only recommendations regarding the rule of law may be addressed in accordance with procedure set up in Article 7(1) TEU; calls on the Commission to abandon the idea of including recommendations with deadlines for implementation, targets and concrete actions to be taken;
Amendment 214 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 223 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. RegretNotes the fact that the 2020 report fails to fullydoes not encompass the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding on the rule of law; reiterates the intrinsic link between the rule of law, democracy and fundamental rightsas they are not the rule of law;
Amendment 250 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antichristianism, antisemitism and anti- Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+ persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights;
Amendment 254 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Restates that, in order to avoid duplication with the Rule of Law Report, the Cooperation and Verification Mechanisms for Romania and Bulgaria must be lifted;
Amendment 281 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil societyall stakeholders is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holidays; calls on the Commission to allow multilingual submissions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provideall stakeholders;
Amendment 283 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that, in order to prevent foreign interference in the Member States democracies and sovereignty as well as meddling with the EU democratic institutions, the NGOs must make public their funding sources; underlines that, in order to respect the transparency principle and the right to know of the European citizens, all European bodies must disclose and publish a list with all the NGOs they finance;
Amendment 287 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the Commission must take into account only relevant information from pertinent sources and recognised institutions; recalls that the findings of relevant ; stresses that subjective, judgmental, unreliable or unverifiable criteria must be avoided and efforts must be made to eliminaternational bodies, such as those under the auspices of the UN, the OSCE and the Council of Europe, are of crucial importance; believes that EFRIS is a useful source of information in this regard; sources of information which are not objective by nature; notes that some stakeholders and NGOs often act as pressure groups, which negates their objective character at the outset as a matter of principle;
Amendment 303 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that cooperation with the Council of Europe and other international organisations is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; calls on the Commission to analyse systematically data on non-compliance with judgments of the European Court of Human Rights and views of the UN Treaty Bodies concerning individual communications;
Amendment 313 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. RegretNotes the reluctance of the Commission and the Council to respond positively to Parliament’s call, in its resolution of 7 October 2020, for a joint EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values; reiterates its call on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement;
Amendment 318 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 328 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Emphasises that any discussions about sanctions against a Member State must be based solely on objective and technical criteria and not on political considerations or motivations;
Amendment 338 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. ReiteratStresses that the annual report should not serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU, the Rule of Law Conditionality Regulation, the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments; calls on the institutions to activate such tools without delay;
Amendment 343 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that infringement procedures are the core instrument to protect and defend EU law and the common values enshrined in Article 2 TEU; notes with concern that the number of infringement procedures launched by the Commission has plummeted since 2004; is surprised by the fact that infringement procedures are not triggered systematically as soon as the relevant infringement is documented in the annual report; deplores the Commission’s reluctance to exhaust the possibilities of infringement procedures against Member States as the instrument most tailored to resolve the issues efficiently and without delay; notes that this reluctance resulted in calls on Member States to initiate inter- State cases in accordance withbut not the common values enshrined in Article 259 TFEU; is concerned that without systematic and timely application the preventive capacity of infringement procedures declines;
Amendment 353 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 369 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basis and also address new developments; reiterates its call on the Council to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; insists that Parliament’s role and competences be respectedd the procedures;