Activities of Cristian TERHEŞ related to 2023/2113(INI)
Shadow reports (1)
REPORT report on the Commission’s 2023 Rule of Law report
Amendments (41)
Amendment 2 #
Motion for a resolution
Citation 6
Citation 6
Amendment 8 #
Motion for a resolution
Citation 13
Citation 13
Amendment 11 #
Motion for a resolution
Citation 15
Citation 15
Amendment 13 #
Motion for a resolution
Citation 16
Citation 16
Amendment 18 #
Motion for a resolution
Citation 22
Citation 22
Amendment 22 #
Motion for a resolution
Citation 24
Citation 24
Amendment 24 #
Motion for a resolution
Citation 28
Citation 28
Amendment 51 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when rights and freedoms are withheld or violated; underlines that an independent and effective judiciary is vital for the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings; notes with concern that while some judicial systems may be robust on paper, in some cases they are not immune to state capture, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements; reminds that the organisation of the judiciary is an exclusive competence of the Member States;
Amendment 54 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the ruling party in Spain presented in Congress an amnesty law to eliminate all crimes committed by Catalan nationalist parties in the framework of the so-called 'Catalan process'; notes that this law was negotiated and presented in exchange for support on the investiture of the current Prime minister; further notes that this law as presented will eliminate serious crimes, including embezzlement of public funds, sedition, and even terrorism charges currently under investigation;
Amendment 55 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reminds that 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 Member States;
Amendment 56 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that an identical law was deemed unconstitutional by the general committee of the Spanish Congress in the last legislative term; notes that this decision counted on the support of the current ruling party;
Amendment 57 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes with great concern that the Spanish General Council of the Judiciary approved an institutional declaration stating that an amnesty law agreed with the individuals personally benefiting from it in exchange for giving support for the investiture constitutes an outright attack on the separation of powers putting at risk the Rule of Law in Spain; notes that all judicial associations of all ideologies, all prosecutors associations, as well as other associations of civil servants have expressed grave concerns in the same line as the Spanish General Council of the Judiciary; similar concerns have been expressed by members of the Commission;
Amendment 58 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the Member States to take the necessary measures to fully comply with the values on which the Union is founded as enshrined in Article 2 of the Treaty on European Union; in this regard, calls on the Member States to respect the separation of powers and the equality before the law, as these are key principles for the proper functioning of the mechanisms of check and balances every healthy democracy shall have; calls on the Commission to impartially analyse that this principles are complied with in all Member States;
Amendment 62 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out, similarly to the previous years, 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 2024 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 72 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, challenges persist in appointing high-level judges in Malta, Greece, Lithuania, Latvia, and Ireland; highlights that the Commisison finds that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non- implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities;
Amendment 77 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that corruption is a serious threat to the rule of law and severely undermines trust in democracy and equality before the law; calls on the Member States to do much more to eradicate corruption; in this regard, calls on the Member States not to issue pardons for corruption crimes as such measures of clemency not only undermine the principle of equality before the law, but produce a sense of mistrust of citizens towards public institutions;
Amendment 92 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Condemns the fact that Malta continues to operate its Citizenship by Investment (CBI) scheme, which is a major risk for corruption and other crimes, especially in light of the steps taken by several other Member States to ensure that investor citizenship schemes are abolished; reaffirms its position that the Commission should use its prerogative to propose legislation and initiate an EUMember States should adopt legislative bans on all CBI Schemes in the EU;
Amendment 94 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 117 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that without media pluralism and media freedom, democratic life and the rule of law cannot survive; notes with great concern that during the mass demonstrations in Spain against the amnesty law proposed by the caretaker Government, journalists were harassed and even detained by police forces;
Amendment 121 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the importance of transparency of media ownership; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in Bulgaria, Czechia and France change remains pending; notes as well that the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romania; calls for transparent and stricter rules on media funding with public funds; notes with great concern the influence of national or regional governments in the press through public ads or public funding campaigns;
Amendment 145 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the EU institutions to reach a swift agreement on an ambitious anti-SLAPP directive; calls on the Commission to explore the possibility of further legislation to cover all SLAPP cases;
Amendment 155 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 160 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Highlights the fact that the members of the European Parliament had to vote on the EU COVID Digital Certificate without having access to the Purchase Agreements between the European Commission and the vaccine producers; underlines that, whereas CONT committee members scrutinise the implementation of the EU Budget by the European Commission, not even the members of this committee had access to the full unredacted Purchase Agreements
Amendment 163 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Reminds that 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 fully published;
Amendment 171 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. 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 190 #
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 197 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reaffirms that women’s rights are human rights and that nothing can justify a regression in women’s rights and autonomy; condemns in particular the attack on the sexual and reproductive health and rights of women and girls taking place in several Member States; believes that the right to safe and legal abortion should be anchored in the Charter of Fundamental Rights;
Amendment 200 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Acknowledges that the right to life is the base for all the other human rights, which is why it must be protected from conception to natural death;
Amendment 211 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Reminds and condemns the fact that in the context of the COVID-19 pandemic the (indirect) obligation to be vaccinated, with a product that received conditional market authorisation without the reliable scientific data to prove that the product was safe and efficient, had been a condition for the exercise of free movement of persons in the EU, which constitutes a clear violation of the right to freedom enjoyed by every citizen of the Union under Article 6 of the Charter;
Amendment 213 #
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Reminds that the conditional market authorisation to COVID-19 vaccines was granted under the condition that the benefits of the vaccines far outweighed their potential risks; Highlights that this condition was not met since in the COVI committee hearing the Pfizer representative Janine Small has specifically stated that, when the vaccines have entered the market, they "did not know if the vaccines are stopping the spread of the virus", as well as commissioner Didier Reynders has stated in the European Parliament Plenary in Strasbourg on 28 April 2021 that, "while putting in place the Digital Green Certificate, we have to live with the fact that there are still scientific uncertainties regarding COVID-19. We do not yet have full scientific evidence about the effects of vaccination or recovery from the virus " Criticizes the Commission for granting conditional market authorisation to vaccines for COVID-19, without existing at that time sufficient reliable scientific data proving without any doubts that the benefits of the vaccines far outweighed their potential risks that could put the citizens' lives at risk;
Amendment 221 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Reminds that 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 sovereignty and identities as well as religious and cultural traditions;
Amendment 223 #
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 228 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Reminds that the decisions of the Court of Justice of the European Union should not contravene their national constitutions; Highlights that the supreme law of each state, validated through the direct vote of the citizens, is the Constitution; Draws attention to the fact that the European citizens rejected to adopt a European Super-Constitution and therefore, the European Treaties cannot themselves fulfil the role of the European Constitution and prevail over the national constitutions;
Amendment 231 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes the persistent problem of the incomplete implementation of European Court of Human Rights (ECtHR) judgments, noting the recent decisions of the Council of Europe’s Committee of Ministers[1]; welcomes the inclusion of the systemic indicators on the implementation of ECtHR leading judgments in the rule of law report since its 2022 edition; calls on the Commission, however, to set up a scoreboard dedicated to monitoring the implementation of each and every CJEU and ECHR judgment relating to democracy, the rule of law and fundamental rights, and to fully integrate it into the annual rule of law report; calls on the Member States to implement pending judgments without delay, and calls on the Commission to assess the consequences for the compliance with EU law and to take infringement action where needed;
Amendment 240 #
Motion for a resolution
Paragraph 37
Paragraph 37
37. AcknowledgDeplores that the Commission's rule of law report has become more comprehensive since its inception in 2020; regrets, however, that the 2023 edition of the report was not significantly expanded by adding a comprehensive new pillar; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as is trying to make the impression that values enshrined in Article 2 TEU, create obligations only for Member States and that it gives to the Commission an additional right to take stock of all aspects of the functioning of the Member States; underlines that thesre cannot be seen in isolation; calls on the Commission to expand the scope of the report next yearare already different Treaty mechanisms and any duplication should be avoided;
Amendment 245 #
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Demands that the Commission disclose the names of the specific officials and experts who worked on the reports and stop hiding behind the alleged collectivity in this regard;
Amendment 253 #
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 261 #
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 265 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the other institutions, in the meantime, to at least explore further cooperation in the context of the proposed interinstitutional pilot on democracy, rule of law and fundamental rights, which would help build trust between the institutions in a practical way, in particular by sharing monitoring, dialogue and meeting practicesReminds that various EU mechanisms to protect Article 2 TEU already exist so it is not necessary to create any new one;
Amendment 270 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Condemns the total lack of progress in the ongoing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself; insists thatclose the proceedings by vote and reject the Commission´s and Parliament’´s role and competences be respectedclaims that there is a risk of a breach of values;
Amendment 272 #
Motion for a resolution
Paragraph 45
Paragraph 45