1205 Amendments of Cristian TERHEŞ
Amendment 4 #
2023/2181(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes, additionally, the involvement of the SESAR to respond to the illegal and unjustified Russian aggression against Ukraine since some traffic flows were affected, requiring the reworking of ATC operations of the JU;
Amendment 15 #
2023/2178(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. UnderlineRegrets that the Court considered that the F4E’s senior management situation has remained unstable and in a significant state of transition at the end of 2022 with the departure of the director in June 2022, and the appointment of the head of the Broader Approach Department as ITER-IO Director-General in September 2022, resulting in personnel changes for four of the JU’s seven senior management positions;
Amendment 4 #
2023/2176(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the EU-Rail's Master Plan and its adjustment to the Plan with the "Rail Strategic Research and Innovation Agenda" of the European Rail Research Advisory Council (ERRAC);
Amendment 1 #
2023/2164(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Union Agency for Asylum discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Executive Director of the European Union Agency for Asylum discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 9 #
2023/2156(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes the role that the EMA plays in implementing measures to enable flexible regulatory processes and stresses the fact that EMA did not ensure the safety and efficacy of the authorised vaccines; Notes 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; Notes 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"; 1a _________________ 1a https://multimedia.europarl.europa.eu/en/ webstreaming/covi-committee- meeting_20221010-1430-COMMITTEE- COVI; https://www.europarl.europa.eu/doceo/doc ument/CRE-9-2021-04-28-ITM- 004_EN.html
Amendment 10 #
2023/2156(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes with deep concern that the "COVID-19 vaccines safety update" report released periodically by the European Medicines Agency shows many side effects including 12,000 spontaneous reports of fatal outcomes in the EU; 2a _________________ 2a https://www.ema.europa.eu/en/human- regulatory/overview/public-health- threats/coronavirus-disease-covid- 19/covid-19-medicines/safety-covid-19- vaccines
Amendment 1 #
2023/2152(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2022 / Postpones its decision on granting the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2022;
Amendment 1 #
2023/2139(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes that in 2022 the EPPO confirmed an ongoing investigation into the acquisition of COVID-19 vaccines in the EU and, due to the extremly high public interest on the case, calls for the proper resources and staff to be alocated by EPPO to finalize this case as soon as possible;1a _________________ 1a https://www.eppo.europa.eu/en/news/ongo ing-eppo-investigation-acquisition-covid- 19-vaccines-eu
Amendment 4 #
2023/2139(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for the expansion of EPPO's mandate within the area of EU imposed sanctions on Russia in order to stop EU companies and oligarchs from circumventing EU sanctions;
Amendment 1 #
2023/2129(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022 / Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022;
Amendment 2 #
2023/2129(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022 / Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022;
Amendment 3 #
2023/2129(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Grants the Director of the European Climate, Infrastructure and Environment Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Director of the European Climate, Infrastructure and Environment Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 4 #
2023/2129(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 4 #
2023/2129(DEC)
Proposal for a decision 3
Paragraph 1
Paragraph 1
1. Grants the Acting Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Acting Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 5 #
2023/2129(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes with concern that the European Ombudsman opened a case on 16 September 2021 on the separate matter of the European Commission’s refusal to grant public access to text messages exchanged between the Commission President and the CEO of Pfizer at the time of the preliminary negotiations; recalls that the Ombudsman's report of 26 January 2022 finds that the way the Commission dealt with this request constituted maladministration;2a _________________ 2a https://www.ombudsman.europa.eu/en/rec ommendation/en/151678
Amendment 5 #
2023/2129(DEC)
Proposal for a decision 4
Paragraph 1
Paragraph 1
1. Grants the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 6 #
2023/2129(DEC)
3 c. Notes with concern that the Special Report of the Court for 2022 on the EU COVID-19 vaccine procurement shows that, according to the Commission, the joint negotiation team was under pressure from the pharmaceutical industry to release companies from their liability for COVID-19 vaccines;3a _________________ 3a https://www.eca.europa.eu/Lists/ECADoc uments/SR22_19/SR_EU_COVID_vaccin e_procurement_EN.pdf, p.28
Amendment 6 #
2023/2129(DEC)
Proposal for a decision 5
Paragraph 1
Paragraph 1
1. Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 7 #
2023/2129(DEC)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Emphasises that the Court noted that even though the steering board considered it important to have a diversified portfolio of vaccines based on different technologies the Commission decided to rely mostly on Pfizer/BioNTech mRNA technology-based vaccines up to the end of 2023; 4a _________________ 4a https://www.eca.europa.eu/Lists/ECADoc uments/SR22_19/SR_EU_COVID_vaccin e_procurement_EN.pdf p.32
Amendment 7 #
2023/2129(DEC)
Proposal for a decision 6
Paragraph 1
Paragraph 1
1. Grants the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 8 #
2023/2129(DEC)
Proposal for a decision 7
Paragraph 1
Paragraph 1
1. Grants the Director of the European Research Executive Agency discharge in relation to the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Director of the European Research Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 9 #
2023/2129(DEC)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Discharge from 2021 on the EU General Budget - Commission and Executive Agencies 1a; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0137_EN.html
Amendment 11 #
2023/2129(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 12 #
2023/2129(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that in 2022, the Ombudsman opened an inquiry in the European Commission’s refusal to give public access to documents related to its proposal for a Regulation on the European Health Data Space; 9k _________________ 9k https://www.ombudsman.europa.eu/en/cas e/en/62762
Amendment 13 #
2023/2129(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Deplores the problematic and hateful material in Palestinian school textbooks and study cards which has still not been removed; underlines that education and pupils’ access to peaceful and unbiased textbooks is essential, especially in the context of the rising implication of teenagers in terrorist attacks; stresses that financial support from the Union for the Palestinian Authority in the area of education shall be provided on the condition that textbook content is aligned with UNESCO standards, as decided upon by Union education ministers in Paris on 17 March 2015, that all anti-Semitic references are deleted, and examples that incite hatred and violence are removed, as repeatedly requested in the resolutions accompanying the discharge decisions in respect of the implementation of the general budget of the European Union for the financial years 2016, 2018, 2019 and 2020; therefore requests the Commission to closely scrutinise that the Palestinian Authority (PA) modifies the full curriculum expeditiously;
Amendment 14 #
2023/2129(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Notes that the European Commission did not assess the risk that Hamas proxies and associated individuals operating in the EU present to the safety and security of EU citizens and that the continuation of funding under these circumstances puts EU citizens in danger;
Amendment 15 #
2023/2129(DEC)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Notes that the European Commission did not use its full prerogatives, as guardian of the treaties, to make sure Romania and Bulgaria are accepted into Schengen, despite the fact that both countries are meeting since 2011 all the conditions to be fully members of the Schengen area;
Amendment 15 #
2023/2129(DEC)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the fact that the European Commission has focused all of the efforts and funding on the non-transparent procurement of COVID-19 vaccines while ignoring the medical opinions, studies and products that offered alternative medical reatments to COVID-19;
Amendment 16 #
2023/2129(DEC)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Regrets the recurrent practice of the Commission in providing an often only very limited amount of information on the implementation of EU legislation to Parliament; calls for the Commission to respect the principle of sincere cooperation and proactively publish this information; expresses regret at the Commission’s refusal to publish statistics indicating the effectiveness of EU policies, which hinders any public scrutiny of policies with a significant impact on fundamental rights; calls on the Commission to be more proactive in publishing such statistics in order to prove that policies are necessary and proportionate to achieving their objective; calls on the Commission to be transparent as regards contracts with third parties; calls on the Commission to be more proactive in publishing as much information as possible about the tender processes compared to its current practices;
Amendment 16 #
2023/2129(DEC)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Criticises 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; Takes note that the way the conditional marketing authorisation was granted for the COVID-19 vaccines caused distrust and vaccine hesitancy regarding any vaccines; Reaffirms that, according to the definition, in order for a medical product to be labelled as vaccine it must produce immunity against a disease so the vaccinated person will not get infected nor transmit the disease; notes that the anti COVID-19 injections, despite being labelled as vaccines, had not met the criteria of a vaccine, since it was proven that people injected with these medical products got infected as well as transmitted the disease and even die;
Amendment 17 #
2023/2129(DEC)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Deeply regrets the fact that the Commission and Council insist on in camera meetings without proper justification; considers that requests for in camera meetings should be properly evaluated; calls for clear criteria and rules governing requests for in camera sessions in the EU institutions;
Amendment 18 #
2023/2129(DEC)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Reiterates the calls made in previous resolutions by the Parliament on public access to documents; regrets the fact that there has been no proper follow- up from the Commission to several proposals made by Parliament;
Amendment 18 #
2023/2129(DEC)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern the creation of HERA, a body intended to expand EU influence over decision making in the area of health policy; Stresses that citizens of Member States never consented to the EU having powers over health policy;
Amendment 19 #
2023/2129(DEC)
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4 i. Recalls the request made in several resolutions by the Parlaiment, including on Public access to documents for years 2016-20185a, and urges the Commission to ensure public access to all advance purchase agreements, in their full form, between the EU and private companies in the field of health, in particular when ordering vaccines; _________________ 5a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0043_EN.pdf
Amendment 22 #
2023/2129(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Condemns the lack of transparency from the Commission and pharmaceutical companies in the development, purchase and distribution of COVID-19 vaccines;
Amendment 24 #
2023/2129(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes with concern that, to date, the Commission has not make available, not only to the public, but not even to the Members of the European Parliament, the non-redacted versions of the contracts signed with the producers of the COVID- 19 vaccine;
Amendment 25 #
2023/2129(DEC)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes that the EPPO has confirmed that there is an ongoing investigation into the acquisition of COVID-19 vaccines in the Union7a; _________________ 7a https://www.eppo.europa.eu/en/news/ongo ing-eppo-investigation-acquisition-covid- 19-vaccines-eu
Amendment 26 #
2023/2129(DEC)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Notes that, based on an inquiry, the European Ombudsman concluded that the Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID 19 vaccine (case 1316/2021/MIG) constituted “maladministration”8a; _________________ 8a https://www.ombudsman.europa.eu/en/de cision/en/158295
Amendment 57 #
2023/2129(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the Discharge on the General Budget of the EU and the European Commission for 2021 underlines the deep concern regarding the funding of projects carried out by or involving NGOs with links to radical religious and political organisations 5c; _________________ 5c https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0137_EN.html
Amendment 112 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point iii
Paragraph 36 – point iii
(iii) step up efforts to improve transparency in the use of funds, including as regards information on final beneficiaries and contracts with third parties and to be more proactive in publishing as much information as possible about tendering processes compared to its current practices;
Amendment 118 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point v a (new)
Paragraph 36 – point v a (new)
(v a) urges the Commission to set up ex ante mechanisms clearly identifying NGOs operating on Union territory and abroad that have acknowledged ties to religious fundamentalist or terrorist networks and push forward an agenda that is undermining the security of the EU citizens;
Amendment 119 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point v b (new)
Paragraph 36 – point v b (new)
(v b) finally end the exemption of NGOs from Union anti-money laundering rules as non-obliged entities and to extend the definition of politically exposed persons to former politicians who take up management positions in NGOs receiving Union funding;
Amendment 250 #
2023/2129(DEC)
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
127 a. Unequivocally denounces the antisemitic hate speech and incitement to violence in Palestinian school textbooks used by UNRWA and the Palestinian Authority which have still not been removed; underlines that education and pupils’ access to peaceful and unbiased textbooks is essential, especially in the context of the rising implication of teenagers in terrorist attacks; Strongly condemning the use of such materials, which contribute to an environment of intolerance and extremism, and noting with deep concern that these materials may have played a role in facilitating the Hamas terror attack on Israel on October 7th, 2023, in which several perpetrators were reportedly UNRWA employees and graduates of Palestinian schools; stresses that financial support from the Union to the Palestinian Authority and UNRWA in the area of education shall be provided on the condition of removing all antisemitic references and examples that incite hatred and violence from the Palestinian curriculum with full adherence to UNESCO standards of peace and tolerance in education, as already was decided upon by the EP in its 2023 recommendation on relations with the Palestinian Authority, and as repeatedly requested in the resolutions accompanying the discharge decisions in respect of the implementation of the general budget of the European Union for the financial years 2016, 2018, 2019, 2020 and 2021; as well as in its latest adopted resolution on Prospects for the Two-State Solution;
Amendment 251 #
2023/2129(DEC)
Motion for a resolution
Paragraph 127 b (new)
Paragraph 127 b (new)
127 b. Highlights that according to the answers of commissioner for Neighbourhood and Enlargement for the 2021 Discharge Report the ongoing development portfolio for the Palestinians, under the Neighbourhood, Development and International Cooperation Instrument (NDICI) Regulation, is EUR 681 million between 2021 and 2023, for the Palestinian Authority, UNRWA and development projects in the West Bank and Gaza; Notes that about one third of the funding benefitted projects in Gaza and two third in the West Bank; Underlines that the EU provided EUR 271 million to UNRWA for the provision of social services to the Palestinian refugees and in addition, the EU provided support to the Palestinian Authority’s recurrent expenditures, mainly the salaries and pensions of civil servants, the social allowances paid through the cash transfer programme and part of the costs of referrals to the East Jerusalem Hospitals through the PEGASE mechanism; Notes with concern that there is no real control over these fundings;
Amendment 252 #
2023/2129(DEC)
Motion for a resolution
Paragraph 127 c (new)
Paragraph 127 c (new)
127 c. Underlines that the ECA AR 2022 highlights an example of ineligible expenditure included in the cost claim concerning a project in Palestine on the sustainable use of natural resources to support Palestine’s transition to a green economy with an incentive component that was intended to support SMEs in the form of grants for ‘green’ projects in the areas of energy efficiency, renewable energy and pollution abatement; Underlines that 190.500 Euros had been approved of and paid to a development agency, with the task to monitor the implementation of the project by the final beneficiary, but the project was not realized11a; _________________ 11a /https://www.eca.europa.eu/ECAPublicati ons/AR-2022/AR-2022_EN.pdf
Amendment 260 #
2023/2129(DEC)
Motion for a resolution
Paragraph 130 – point ii a (new)
Paragraph 130 – point ii a (new)
(ii a) to intensify its communication with international organizations in order to provide the ECA with complete, unlimited and timely access to documents necessary to carry out its task in accordance with the TFEU, and not just in read-only format;
Amendment 263 #
2023/2129(DEC)
Motion for a resolution
Paragraph 130 – point iii a (new)
Paragraph 130 – point iii a (new)
(iii a) closely scrutinise and monitor that the Palestinian Authority (PA) modifies the full curriculum expeditiously;
Amendment 270 #
2023/2129(DEC)
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139 a. Recalls that the European Parliament resolution of 13 July 2023 on public access to documents – annual report for the years 2019-2021 3a noted with great concern that, in 2021, following a request for public access to text messages between the Commission’s President and the CEO of a pharmaceutical company regarding the Commission’s purchase of COVID-19 vaccines, the Commission refused to acknowledge that such text messages fall within the definition of a ‘document’ under Regulation (EC) No 1049/2001; recalls that registering a document is a consequence of the existence of a document and not a prerequisite for its existence; takes note of the Ombudsman’s finding of maladministration by the Commission in this case 4a; is concerned about the fact that the Commission has failed to follow up on the Ombudsman’s recommendation following her inquiry to conduct another search for relevant text messages; expresses deep concern about the growing distance between citizens and the EU institutions, which this situation has caused; _________________ 3a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0295_EN.html 4a https://www.ombudsman.europa.eu/en/cas e/en/59777
Amendment 271 #
2023/2129(DEC)
Motion for a resolution
Paragraph 139 b (new)
Paragraph 139 b (new)
139 b. Recalls that the European Parliament resolution of 13 July 2023 on public access to documents – annual report for the years 2019-2021 2a underlined that the Commission has been deleting documents, including minutes from closed meetings, reports and internal documents; expresses its concern about the fact that this practice has led to the disappearance of important correspondence relevant to policy decisions and spending of public money; _________________ 2a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0295_EN.html
Amendment 272 #
2023/2129(DEC)
Motion for a resolution
Paragraph 139 c (new)
Paragraph 139 c (new)
139 c. Recalls that the European Parliament resolution of 13 July 2023 on public access to documents – annual report for the years 2019-202115a underlined that the Commission’s internal policy is, in effect, not to register text messages, as it argues that text messages are ‘short-lived documents’ in nature and ‘are not meant to contain important information relating to policies, activities and decisions of the Commission’; points out, however, that in practice, text messages are being used for this purpose; _________________ 15a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0295_EN.html
Amendment 353 #
2023/2129(DEC)
Motion for a resolution
Paragraph 171 – point i a (new)
Paragraph 171 – point i a (new)
(i a) urgently follow up on the Ombudsman’s recommendation following her inquiry on the Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID-19 vaccine and to conduct a full search without delay;
Amendment 356 #
2023/2129(DEC)
Motion for a resolution
Paragraph 171 – point i b (new)
Paragraph 171 – point i b (new)
(i b) ensure the systematic registration and archiving of non-private correspondence related to key political decisions and spending;
Amendment 357 #
2023/2129(DEC)
Motion for a resolution
Paragraph 171 – point i c (new)
Paragraph 171 – point i c (new)
(i c) bring its internal guidelines on document registration in line with Regulation (EC) No 1049/2001 and to register text messages related to its policies, activities and decisions particularly those involving the expenditure of public funds;
Amendment 358 #
2023/2129(DEC)
Motion for a resolution
Paragraph 171 – point i d (new)
Paragraph 171 – point i d (new)
(i d) immediately publish the non- redacted versions of the Purhase Agreements for the COVID-19 vaccines;
Amendment 364 #
2023/2129(DEC)
Motion for a resolution
Paragraph 171 a (new)
Paragraph 171 a (new)
171 a. be more proactive in publishing documents and statistics regarding how they handle document access requests, as such information would help with assessing the institutions’ proactive approach to document access; calls that an application for access to a document must be handled promptly;
Amendment 3 #
2023/2122(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the Discharge from 2021 on the EU General Budget - Commission and Executive Agencies;1a _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0137_EN.html
Amendment 20 #
2023/2122(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, in some instances, NGO were used as fronts by terrorist organisations or organized crime groups to raise and transfer funds, or to support their agenda; whereas this risk was noted for the first time in 1996 by G7, which called for measures to prevent and combat "such financing through organizations which also have, or claim to have charitable, social or cultural goals, or which are also engaged in unlawful activities";1a _________________ 1a http://www.g8.utoronto.ca/terrorism/terro r25.htm
Amendment 24 #
2023/2122(INI)
1. Emphasises the crucial role played by grassroots and community organisations, trade unions, activist groups, human rights defenders and non- governmental organisations (NGOs) in promoting and upholding democracy, equality, the rule of law and fundamental rights and in ensuring accountability for state and private actions and as well in providing space for a diversity of opinions and positions to be expressed and heard;
Amendment 25 #
2023/2122(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the EU lacks a formal definition of NGOs, which are referred to in various ways; whereas this hinders the efforts to efficiently regulate NGOs' transparency and fiscal accountability;
Amendment 26 #
2023/2122(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Amendment 27 #
2023/2122(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas the Discharge on the General Budget of the EU and the European Commission for 2021 underlines the deep concern regarding the funding of projects carried out by or involving NGOs with links to radical religious and political organisations and calls on the Commission to guarantee that Union funds only finance organisations that strictly respect all Union values and urges the Commission to set up ex ante mechanisms clearly identifying NGOs operating on Union territory and abroad that have acknowledged ties to religious fundamentalist networks and push forward an agenda that is undermining Union values; 5c _________________ 5c https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0137_EN.html
Amendment 28 #
2023/2122(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 28 #
2023/2122(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
F e. whereas the same high standrads for accountability and the same transparency rules should apply to all NGOs that receive EU funding regardless of whether the place where they operate is within or outside the European Union;
Amendment 40 #
2023/2122(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are, on the one hand, a favoured institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand manysome NGOs could be used and misused for ilegitimate intrests by state and non-state actors, many of them resist instrumentalisation and expose the excesses of state and private interests; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreign funding, as long as the transparency of funding principle is upheld; notes that it is short-sighted to treat NGOs as a singular bloc with a singular policy outlook;
Amendment 57 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and unjustified attacks on NGOs in Member States;
Amendment 72 #
2023/2122(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States and the EU to improve the legal environment for civil society by ensuring that any measure restricting the right of associations to seek, secure and use resources, including foreign resources, as long as the transparency of funding principle is respected, must pursue one of the legitimate aims under Article 11(2) of the European Convention on Human Rights;
Amendment 78 #
2023/2122(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasizes that Member States should have effective legal measures to control associations if their activities violate EU values or the national law;
Amendment 105 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that current EU instruments are likely sufficient for achieving proportionate transparency goals concerning NGO funding;
Amendment 120 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that this can be and is being used by governments to repress civil society and NGOs; emphasises, however, that some NGOs may be used as a tool of influence by foreign entities affecting the internal and external security of, as well as the democratic process in Member States.
Amendment 127 #
2023/2122(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that it is imperative that NGOs do their utmost to ensure compliance with the EU data protection regime.
Amendment 169 #
2023/2122(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls for the creation of a public black list of NGOs, that have engaged in activities such as hate speech, incitement to terrorism, religious extremism supporting or glorifying violence, or have misused or misappropriated European Union's funds and are listed in the EDES database, in order to ensure they are blocked from access to Union institutions and Union funding programmes;
Amendment 205 #
2023/2122(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls for the ultimate owners of companies to be listed in central registers in EU countries, accessible to people with a 'legitimate interest', such as investigative journalists, concerned citizens and NGOs;
Amendment 211 #
2023/2122(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Notes that in some situations the home office of the non-profit organisation is in one country and the beneficent operations take place in another; Calls for the non-profit organisations to take appropriate measures to account for funds and services delivered in locations other than in its home jurisdiction;
Amendment 5 #
2023/2120(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas in 2022, the Ombudsman has asked the Council to grant faster access to legislative documents so that the public can effectively participate in discussions on draft EU laws;1b _________________ 1b https://www.ombudsman.europa.eu/en/ne ws-document/en/157774;
Amendment 6 #
2023/2120(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas in 2022, the Ombudsman has criticised how the Commission handled a request for public access to text messages between its President and the Pfizer CEO and has found that the refusal of the Commission to grant access to these text messages was maladministration;4c _________________ 4c https://www.ombudsman.europa.eu/en/de cision/en/158295; https://www.ombudsman.europa.eu/en/ne ws-document/en/151742;
Amendment 7 #
2023/2120(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. whereas in 2022, the Ombudsman has opened an inquiry into how the European Central Bank (ECB) handles ‘revolving doors’;7h _________________ 7h https://www.ombudsman.europa.eu/en/ne ws-document/en/153137
Amendment 11 #
2023/2120(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas in 2022, the Ombudsman has urged the Commission to treat access to document requests concerning EU recovery funds with greater consistency and to better explain its reasoning if it decides not release the asked-for information; 1a _________________ 1a https://www.ombudsman.europa.eu/en/ne ws-document/en/163567
Amendment 14 #
2023/2120(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas in 2022, the Ombudsman opened an inquiry in the European Commission’s refusal to give public access to documents related to its proposal for a Regulation on the European Health Data Space; 9k _________________ 9k https://www.ombudsman.europa.eu/en/cas e/en/62762
Amendment 17 #
2023/2120(INI)
Motion for a resolution
Recital K c (new)
Recital K c (new)
K c. whereas in 2022, the Ombudsman opened an inquiry on how the European Commission dealt with a request for public access to declarations of interests of the members of its Regulatory Scrutiny Board;10n _________________ 10n https://www.ombudsman.europa.eu/en/op ening-summary/en/163838
Amendment 20 #
2023/2120(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Congratulates the Ombudsman on the opening of an inquiry into time taken by Commission to deal with access to documents requests; 3c _________________ 3c https://www.ombudsman.europa.eu/en/ne ws-document/en/154486
Amendment 34 #
2023/2120(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights the fact that the Ombudsman’s inquiry into the refusal of the Commission to grant access to text messages between the Commission President and Pfizer CEO related to the procurement of COVID-19 vaccines showed that the "Commission had asked its President’s private office (cabinet) to search only for documents that fulfil the Commission’s recording criteria. As the Commission does not to register text messages, the search did not yield any results. Thus, the Commission had not attempted to identify any text messages beyond what had been registered in its record management system, and it had therefore not even assessed whether any such text messages should be disclosed"; Highlights that the Ombudsman found that this was maladministration; 5d _________________ 5d https://www.ombudsman.europa.eu/en/de cision/en/158295
Amendment 2 #
2023/2113(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 8 #
2023/2113(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 11 #
2023/2113(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 13 #
2023/2113(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 18 #
2023/2113(INI)
Motion for a resolution
Citation 22
Citation 22
Amendment 22 #
2023/2113(INI)
Motion for a resolution
Citation 24
Citation 24
Amendment 24 #
2023/2113(INI)
Motion for a resolution
Citation 28
Citation 28
Amendment 51 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 117 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 160 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 197 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 228 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 261 #
2023/2113(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 265 #
2023/2113(INI)
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 #
2023/2113(INI)
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 #
2023/2113(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 10 #
2023/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that there is no EU citizenship is closely linked to and dependent on the citizenship of a Member State, which isper se, citizenship being an exclusive competence of every Member State; firmly believStates that there can be no other way to obtain EU citizenship than by obtainingitizenship of EU citizens means the citizenship of aone of the Member States from which they have received it, in accordance with its national requirements established in line with constitutional principles, traditions and values;
Amendment 2 #
2023/2082(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 6 #
2023/2082(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 8 #
2023/2082(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 9 #
2023/2082(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 11 #
2023/2082(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 12 #
2023/2082(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 13 #
2023/2082(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 18 #
2023/2082(INI)
Motion for a resolution
Recital E
Recital E
E. whereas discrimination based on actual or perceived sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) persists throughout the EUthe EU’s founding values are human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;
Amendment 19 #
2023/2082(INI)
Motion for a resolution
Recital F
Recital F
F. whereas developments in some Member States have shown that progress on LGBTIQ+ rights cannot be taken for grantedthe EU has delivered over half a century of peace, stability and prosperity ensuring fundamental freedoms for all;
Amendment 21 #
2023/2082(INI)
Motion for a resolution
Recital H
Recital H
Amendment 25 #
2023/2082(INI)
Motion for a resolution
Recital I
Recital I
Amendment 31 #
2023/2082(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission’s LGBTIQ Equality Strategy 2020-2025;
Amendment 32 #
2023/2082(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Condemns all forms of violence or discrimination against persons on the basis of their race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, sexual orientation, property, birth, disability, age or sex;
Amendment 37 #
2023/2082(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. RegretNotes the fact that the horizontal anti-discrimination directive has been blocked in the Council since 2008;
Amendment 52 #
2023/2082(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 57 #
2023/2082(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 63 #
2023/2082(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the need for the EU to support enlargement countries to close legislative gaps regardat policies and legislation on marriage and parenthood depend exclusively on the sovereignty of Member States, and therefore urges the EU to rigidly respect national competences ing the rights of LGBTIQ+ personsareas of health and family law;
Amendment 66 #
2023/2082(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that the EU needs to take a common approach to the legal recognition of same-sex marriages and partnerships, and of rainbow parents, including of trans parents, and to legal gender recognition, to ensure the best interestsmust be an area of freedom for all, and that includes the rights to non-discrimination and security; recalls that Member States’ policies and legislation on education, marriage, adoption ofr children in line with CJEU case-lawonception must be respected;
Amendment 68 #
2023/2082(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 71 #
2023/2082(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 77 #
2023/2082(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that European humanitarian aid should be gender-, age- and LGBTIQ+-sensitive, and in line with humanitbased on humanitarian principles of humanity, neutrality, impartian principleslity and independence;
Amendment 78 #
2023/2082(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 81 #
2023/2082(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 87 #
2023/2082(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to monitor closely the implementation of EU law in the Member States and to launch infringement procedures in cases where the fundamental rights of LGBTIQ+ persons have been violated; calls on the Commission to ensure that Member States comply with the judgments of the CJEU, in particular on LGBTIQ+ persons and rainbow families crossing borders within the EUEU and Member States to protect families and ensure respect for human dignity, democratic choices, equality before the law and human rights;
Amendment 92 #
2023/2082(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to expand coverage of all healthcare services, allowing LGBTIQ+ persons to seek specific care, including sexual and reproductive health and technologies;
Amendment 103 #
2023/2082(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 110 #
2023/2082(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission and the Member States to define and criminalise hate speech, hate crimes and violence motivated by SOGIESC bias, including online, including online; Condemns all illegal speech calling for discrimination, hatred or violence against any person or persons;
Amendment 123 #
2023/2082(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls for the EU to set an example and assume a leadership role on the promotion of LGBTIQ+ rightUnderlines that the EU plays an important role in promoting fundamental freedoms around the world;
Amendment 135 #
2023/2082(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Commission to step up data collection on discrimination based on SOGIESC and to use such data in making inclusive public policies tailored for LGBTIQ+ personsUnderlines that the European Union has in place an advanced legal framework with which to promote equality and non-discrimination and provides relevant national authorities and EU institutions with non-binding guidelines on how to improve the collection and use of equality data;
Amendment 138 #
2023/2082(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 141 #
2023/2082(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 58 #
2023/2045(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
Amendment 59 #
2023/2045(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Stresses the obligation of every Union Institution, Member State and public or private recipient of Union funds to disclose all relevant documents, including information on the preliminary negotiations conducted by the Commission, upon an official request of the Court as part of an ongoing audit; recalls the European Parliament’s recommendation, in its 2020 discharge resolution, related to the access to text messages exchanged with a pharmaceutical company regarding the purchase of a COVID-19 vaccine;
Amendment 60 #
2023/2045(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that the EPPO has an ongoing investigation into the acquisition of COVID-19 vaccines by the European Commission;
Amendment 2 #
2023/2028(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– Having regard to the fact that the decisions of the Court of Justice of the European Union are mandatory for the member states as long as they do not contravene their national constitutions
Amendment 4 #
2023/2028(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 6 #
2023/2028(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 7 #
2023/2028(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 10 #
2023/2028(INI)
Motion for a resolution
Citation 18
Citation 18
Amendment 22 #
2023/2028(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 35 #
2023/2028(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
– having regard to its resolution of 13th of July 2023 on Public access to documents - annual report for the years 2019-2021
Amendment 36 #
2023/2028(INI)
Motion for a resolution
Citation 33
Citation 33
Amendment 39 #
2023/2028(INI)
Motion for a resolution
Citation 35
Citation 35
Amendment 40 #
2023/2028(INI)
Motion for a resolution
Citation 37
Citation 37
Amendment 48 #
2023/2028(INI)
Motion for a resolution
Citation 42
Citation 42
Amendment 49 #
2023/2028(INI)
Motion for a resolution
Citation 43
Citation 43
Amendment 55 #
2023/2028(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the Commission has blatantly violated the transparency principle and negotiated with the pharmaceutical companies contracts regarding the manufacturing of theanti- Covid-19 vaccines, which, to this day, are not fully published;
Amendment 57 #
2023/2028(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 59 #
2023/2028(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. Whereas the European Public Prosecutor's Office has announced on the 14th of October 2022 that there is an ongoing investigation into the acquisition of COVID-19 vaccines in the EU and the fact that the exceptional confirmation comes after the extremely high public interest into the matter;
Amendment 60 #
2023/2028(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. 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 none of the Rule of law reports, which raises doubts about the objectivity, accuracy and professionalism of these reports;
Amendment 66 #
2023/2028(INI)
Motion for a resolution
Recital C
Recital C
C. whereas corruption is a serious threat to democracy and the rule of law; whereas there are persistent and serious concerns about the fight against corruption in some Member States; whereas the Rule of Law Conditionality Regulation aims to protect the Union budget against breaches of rule of law principles;
Amendment 119 #
2023/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 125 #
2023/2028(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Supports the civil society's call1a for a reform regarding the public hearings of the European Court of Justice to be live streamed, as it already is the case for some national and international courts, for example the European Court of Human Rights. _________________ 1a https://thegoodlobby.eu/campaigns/open- letter-to-the-president-of-the-court-of- justice-of-the-european-union-asking-for- eu-courts-to-live-stream-their-public- hearings/
Amendment 199 #
2023/2028(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 35 #
2023/0212(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The digital euro should complement euro banknotes and coins and should not replace the physical forms of the single currency. As legal tender instruments, both cash and digital euro are equally important. Regulation (EU) [please insert reference – proposal for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would harmonise legal tender for cash and ensure that cash is widely distributed and effectively used. Both cash and digital euro should equally be accepted across the euro area without discrimination for any form when doing offline payment.
Amendment 43 #
2023/0212(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Since the digital euro requires the capacity to accept digital means of payment, imposing an obligation of mandatory acceptance of payments in digital euro on all payees could be disproportionate. To this end, exceptions to the mandatory acceptance of payments in digital euro should be provided for natural persons acting in the course of a purely personal or household activity or for natural persons receiving salaries, pensions or government assistance. Exceptions to mandatory acceptance should also be provided for microenterprises, which are particularly important in the euro area for the development of entrepreneurship job creation and innovation, playing a vital role in shaping the economy. Union policies and actions should reduce regulatory burdens for enterprises of this size. Exceptions to mandatory acceptance should also be provided for non-profit legal entities which promote the public interest and serve the public good performing a variety of goals of societal interest, including equity, education, health, environmental protection and human rights. For microenterprises and non-profit legal entities, the acquisition of the required infrastructure and the acceptance costs would be disproportionate. They should therefore be exempted from the obligation to accept payments in digital euro. In such cases, other means for the settlement of monetary debts should remain available. Nevertheless, microenterprises and non-profit legal entities that accept comparable digital means of payment from payers should be subject to the mandatory acceptance of payments in digital euro. Comparable digital means of payment should include debit card payment or instant payment or other future technological solutions used at the point of interaction, but should exclude credit transfer and direct debit that are not initiated at the point of interaction. Microenterprises and non-profit legal entities that do not accept comparable digital means of payment from their payers in settlement of a debt (e.g. they only accept euro banknotes and coins), but may use digital payments in settlement of a debt to their payees (e.g. they pay with credit transfers), should not be subject to the mandatory acceptance of payments in digital euro. Finally, a payee may also refuse a payment in digital euro if the refusal is made in good faith and if the payee justifies the refusal on legitimate and temporary grounds, proportionate to concrete circumstances beyond its control, leading to an impossibility to accept payments in digital euro at the relevant time of the transaction, such as a power outage in the case of online digital euro payment transactions, or a defective device in the case of offline or online digital euro payment transactions.
Amendment 45 #
2023/0212(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that additional exceptions to the mandatory acceptance of the digital euro may be introduced at a later stage if they are required, for example due to technical specificities that may appear in the future, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the introduction of additional exceptions of a monetary law nature to the obligation to accept digital euro payment transactions, which would apply in a harmonised way across the euro area, taking into account any proposals from the Parliament and the Member States to this end. The Commission may only adopt such exceptions if they are necessary, justified on grounds of general interest, proportionate, and preserve the effectiveness of the legal tender status of the digital euro. The power of the Commission to adopt delegated acts for the introduction of additional exceptions to the obligation to accept digital euro payment transactions should be without prejudice to the possibility for Member States, pursuant to their own powers in areas of shared competence, to adopt national legislation introducing exceptions to the mandatory acceptance deriving from the legal tender status in accordance with the conditions laid down by the Court of Justice of the European Union in its judgment in Joined Cases C-422/19 and C-423/19.
Amendment 46 #
2023/0212(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) An unrestricted use of digital euro as a store of value could endanger financial stability in the euro area, with adverse effects on credit provision to the economy by credit institutions. This may require that the European Central Bank, with a view to ensuring the stability of the financial system, and in line with the principle of proportionality, introduce limits on the digital euro’s use as a store of value. The policy tools that could be used for this purpose include, but would not be restricted to, quantitative limits to individual digital euro holdings and limits to conversion of other categories of funds to digital euro in a specified timeframe. When deciding on the parameters and use of the instruments referred to in paragraph 1, the European Central Bank should respect the principle of an open market economy with free competition, in accordance with Article 127(1) TFEU. The conversion of digital euro to other categories of funds or to cash should always be unrestricted.
Amendment 47 #
2023/0212(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) It is fundamental that the creation of the Digital Euro does not give ground for means to track or control on how this type of currency is spent in comparison to cash;
Amendment 52 #
2023/0212(COD)
Proposal for a regulation
Recital 57
Recital 57
Amendment 54 #
2023/0212(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 57 #
2023/0212(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) To access and use the digital euro as part of digital euro payment services, digital euro users should be provided with front-end services. Those users should have the possibility to access and use digital euro payment services via the front- end services provided by payment service providers and by the European Central Bank. Payment service providers should be able to choose to rely on front-end services provided by other stakeholders, including the European Central Bank, notably in the case where the cost of developing and operating front-end services, including applications, are disproportionate. Where digital euro users can choose between different front-end services, the decision to select a given front-end service should ultimately rest in the hands of those users and should not be imposed by payment service providers or the European Central Bank. In this respect, payment service providers should have capacity to provide digital euro users with the possibility to access and use digital euro payment services via the front-end services provided by the European Central Bank. The European Central Bank and the payment service providers shallould implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensurmake technologically impossible that the identity of individual digital euro users cannot be accessed by the ECB via its front-end solutionby any means.
Amendment 58 #
2023/0212(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) To avoid interfering in the payment service providers’ customer relationships and their role in the digital euro distribution, the front-end solutions provided by the European Central bank should be limited to providing an interface between digital euro users and the payment infrastructures of payment service providers. In particular, the Eurosystem would not have a contractual relationship with digital euro users even if those users use the front-end services provided by the European Central Bank. The ECB and the payment service providers should implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensurmake technologically impossible that the identity of individual digital euro users cannot be accessed by the ECB via its front-end solutionby any means.
Amendment 61 #
2023/0212(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) The prevention of fraud by payment service providers is essential for the protection of citizens making use of the digital euro, the integrity of the personal data processed in digital euro payments, and to ensure the smooth and efficient functioning of the digital euro. Fraud prevention plays an essential role in maintaining trust in the single currency. For this purpose, the European Central Bank may establish a general fraud detection and prevention mechanism to support fraud management activities performed by payment service providers on online digital euro payment transactions. A general fraud detection and prevention mechanism delivers a range of essential functions to detect fraud patterns that a single payment service provider could not detect on its own. Often one payment service provider does not have the full picture about all elements that could lead to timely fraud detection. However, it can be made more effective with information on potentially fraudulent activity stemming from other payment service providers. This general fraud detection function exists in comparable payment schemes and is necessary to achieve demonstrably low fraud rates in order to keep the digital euro secure for both consumers and merchants. The transfer of information between PSPs and the fraud detection and prevention mechanism should be subject to state-of- the-art security and privacy-preserving measures to ensure technologically that individual digital euro users are not identified by the central fraud detection and prevention mechanism. This mechanism shall only be considered for implementation if there are empirical grounds to support a collective and general approach, but always ensuring the least intrusive method.
Amendment 62 #
2023/0212(COD)
Proposal for a regulation
Recital 69
Recital 69
Amendment 63 #
2023/0212(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The rights to privacy and personal data protection are fundamental rights enshrined in Article 7 and 8 of the Charter of Fundamental Rights of the European Union. As stressed by the European Data Protection Board34 , a high standard of privacy and data protection is crucial to ensure the trust of Europeans in the future digital euro. This is also in line with the G7 Public Policy Principles for Retail Central Bank Digital Currencies. The processing of personal data for compliance and in the context of this Regulation would be carried out in accordance with Regulation (EU) 2016/67935 and Regulation (EU) 2018/171536 , as well as, where applicable, Directive 2002/58/EC37 . While the ECB is fully independent to carry out its competences, such independence cannot compromise these rights. Therefore, when having an option in the concrete design choices for the digital euro operation, particularly its offline part, the most privacy and personal data protection option shall be selected, regardless if that carries an extraordinary burden on other lawful objectives to be pursued by it and the national central banks _________________ 34 Statement on the design choices for a digital euro from the privacy and data protection perspective adopted on 10 October 2022. 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88. 36 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39–98. 37 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, OJ L 201, 31.07.2002, p. 37.
Amendment 67 #
2023/0212(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Offline digital euro payment transactions are payments that occur in close physical proximity (“face-to-face”). They have similarities with transactions in cash and should be treated in a similar way in terms of privacy. Payment service providers should therefore not process personal data related to offline digital euro payment transactions, but only personal data related to depositing or withdrawing digital euros from digital euro payment accounts to load them onto the local storage devices, or from the local storage devices into the digital euro payment accounts This includes the identifier of the local storage devices which payment service providers attribute to a digital euro user that holds offline digital euro. That level of privacy would be comparable to withdrawals of banknotes at automatic teller machines when payment service providers process personal data related to a user’s identity and data pertaining to how funding and defunding transactions have been carried out. That means that no transaction data monitoring should occur for offline digital euro payment transactions. By transaction data, it shall be understood any piece of information directly tied to a digital euro account, either online or offline, when used as intended in the context of this Regulation.
Amendment 71 #
2023/0212(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) For the purpose of enforcing the holding limits and ensuring the exceptional switching of digital euro payment accounts in emergency situations upon the request of the digital euro user, a single access point of digital euro user identifiers and the related digital euro holding limits is necessary to ensure the efficient functioning of the digital euro across the entire euro area, as digital euro users may hold digital euro payment accounts in different Member States. When establishing the single access point, the European Central Bank and national central banks should ensure that the processing of personal data is minimised to what is strictly necessary and that data protection by design and by default is embedded. The European Central Bank and national central banks should consider, where appropriate and to minimise the risk of data breaches, the use of decentralised data storagall adopt measures to ensure that account balances can be redeemed directly by users through the use of a backup code.
Amendment 72 #
2023/0212(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) WhilSince offline digital euro payment transactions have similarities with transactions in cash and shouldthey must be treated in a similar way in terms of privacy specific holding and transaction limits for offline proximity payments are essential to mitigate AML/CFT risks,;
Amendment 75 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 77 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
15 a. 'low value online digital euro payment transactions' means online digital euro payment transactions, either in a single operation or in several operations which appear to be linked, where the amount is bellow the limit to large cash payments set in the Member cash payments set in the Member State where payee is established;
Amendment 80 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
28. ‘user alias’ means a unique pseudonymous identifier that is different for different transactions in order to prevent the association or tracking of the user across transactions, used to protect user’s identity when processing digital euro payments that can only be attributable to an identifiable natural or legal person by the payment service provider distributing the digital euro or by the digital euro user;
Amendment 86 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Within the framework of this Regulation, the digital euro shall also be governed by the detailed measures, rules and standards that may be adopted by the European Central Bank pursuant to its own competences. Where these detailed measures, rules and standards have an impact on the protection of individuals’ rights and freedom with regard to the processing of personal data, the European Central Bank shall consult and follow the European Data Protection Supervisor's recommendations prior to their adoption, as follows: When adopting a particular measure, rule and/or standard pertaining to the digital euro and how personal data will be processed, if EDPS has indicated a preferred safeguard, then the ECB shall adopt such measure, rule and/or standard. In the event that EDPS has not indicated a preference, and if the ECB has several options to select from, it shall only adopt the one that affects the process the least amount of personal data, regardless of if that option requires additional efforts to be carried out, taking especially into account the data minimisation principle. If the measure, rule and/or standard will also have to be co-decided and/or implemented by national central bansk and PSPs, respectively, then the EDPB will be involved in the process.
Amendment 124 #
2023/0212(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 133 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The European Central Bank shall consultand the European Data Protection Supervisor prior to developing the details on the operational elements of the fraud detection and prevention mechanism. shall jointly develop the details on the operational elements of the fraud detection and prevention mechanism, by foreseeing an appropriate storage limitation. In formulating the operational framework for the fraud detection and prevention mechanism to be adopted by the ECB, the selection of methods shall consistently prioritize those that involve the minimal processing of personal data, in accordance with the principles of necessity and proportionality and taking due count of the guidance and opinions of data protection authorities. In the event that there is a likely risk to exclude vulnerable populations from the use of the digital euro as a result from these measures, then such general mechanism should not be implemented. Moreover, any impact assessment conducted by the ECB shall not dispense any other party that engages in fraud detection and prevention activities to conduct their own impact assessment, where applicable, under Regulation 2016/679 and/or any other relevant legislation.
Amendment 136 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support service shall not be able to directly or indirectly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism.
Amendment 137 #
2023/0212(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/197247 shall allow providers of front end services and providers of European Digital Identity Wallets effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features necessary for storing and transferring data to process online or offline digital euro transactions, on fair, reasonable and non- discriminatory terms. _________________ 47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.
Amendment 142 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task ion the public interestbasis of a legal obligation in accordance with Article 6(1)(c) GDPR where they process personal data for the following purposes:
Amendment 147 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point a
Article 34 – paragraph 1 – subparagraph 1 – point a
(a) the enforcement of limits, including the verification of whether prospective or existing digital euro users have digital euro accounts with another PSP, as referred to in Article 16;
Amendment 150 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point c
Article 34 – paragraph 1 – subparagraph 1 – point c
(c) the provision of offline digital euro, including the registration and de- registration of the local storage devices as referred to in letter (b) of Annex I;
Amendment 152 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 a (new)
Article 34 – paragraph 1 – subparagraph 1 a (new)
For low value online digital euro payment transactions, the processing of personal data by payment service providers shall occur only within the limits and purposes laid out in Article 37.
Amendment 154 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1 a. For any other processing activity that the payment service provider carries out regarding the provision of the digital euro, the processing will be based on the performance of a contract between the digital euro user and the payment service provider. In the event that the processing involves special categories of personal data, then it shall be necessary to obtain consent from the data subject
Amendment 157 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Amendment 159 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2
Article 34 – paragraph 3 – subparagraph 2
Amendment 162 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly or indirectly identify individual digital euro users.
Amendment 168 #
2023/0212(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a Payment Service Providers, the European Central bank and national central banks shall implement appropriate technical and organisational measures to ensure that the processing of personal data is carried out in such a manner that the personal data can no longer be attributed to an individual digital euro user without the use of additional information in accordance with Article 4 (5) GDPR.
Amendment 169 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The European Central Bank and the national central banks perform a task in the public interest or exercise official authority, on the basis of Article 6.(1).(e) Regulation 2016/679 or Article 5.(1).(a) 2018/1725, where they process personal data for the following purposes:
Amendment 172 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) safeguarding the security and integrity of the digital euro settlement infrastructure and of local storage devices;
Amendment 173 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 (new)
Article 35 – paragraph 1 – subparagraph 1 (new)
These shall be the only activities that the ECB and the national central banks will be able to carry out within the context of this Proposal
Amendment 175 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Personal data processed for tasks referred to in paragraph 1 shall be supported by appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures. This shall include the clear segregation of personal data to ensure that the European Central Bank and the national central banks cannot directly or indirectly identify individual digital euro users. The Eurosytem shall be obliged to provide for the segregation of data in the local storage device in relation to offline and low-value online transactions. Transaction data shall be isolated and shall not be exported out of the device.
Amendment 178 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The European Central Bank shall be considered the controller of personal data under as regards to the purposes referred to in paragraphs 1 and 8 of this Article. When the European Central Bank carries out a task referred to in paragraphs 1 and 8 jointly with the national central banks, they shall be joint controllers for that task. The European Central Bank and the national central banks will be data controllers jointly with the payment service providers and support service providers.
Amendment 181 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. Where the European Central Bank decides not to confer tasks referred to in Articles 27 and 32 upon providers of support services, the European Central Bank may process the types of personal data referred to in Annex 5 subject to the requirements referred to in paragraph 4 of this Article. Moreover, the European Central bank and national central banks shall implement appropriate technical and organisational measures to ensure that the processing of personal data is carried out in such a manner that the personal data can no longer be attributed to an individual digital euro user without the use of additional information in accordance with Article 4 (5) GDPR.
Amendment 186 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, relying on Article 6.1.(e) Regulation 2016/679, where they process personal data for the following purposes:
Amendment 189 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot directly or indirectly identify individual digital euro users.
Amendment 194 #
2023/0212(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a The digital euro user shall be in full control of the digital euro wallet and their data. The technical architecture shall make it impossible for the issuer of the digital euro front- and backend or third- party services connected to them or the European Central Bank, National Competent Authorities or Payment Service Providers to collect or obtain information about the usage. The processing of transaction data shall not allow to track, link, correlate or otherwise obtain knowledge of transactions or user behavior. Personal data relating to the provision of the digital euro shall be kept physically and logically separate from any other data held.
Amendment 195 #
2023/0212(COD)
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Article 36b 1. Data about payment transactions of the digital euro shall only be processed for purposes contained in an exhaustive list and not for commercial purposes or shared with third parties within the open banking framework. 2. The only purposes for which payment data shall be processed are those described in Articles 34-37. 3. In the case a user of the digital euro is reidentified based on pseudonymous data without their consent by the fraud detection unit, the anti-money laundering unit, the ECB or any other law enforcement or public agency, that user has to be informed about their re- identification and its circumstances at the earliest point in time or at the latest when the investigation is concluded.
Amendment 196 #
2023/0212(COD)
Proposal for a regulation
Article 37 – title
Article 37 – title
Anti-money laundering rules applying to low-value online and offline digital euro payment transactions
Amendment 197 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Payment services providers shall apply paragraphs 2 to 6 to low value online digital euro payment transactions and offline digital euro payment transactions.
Amendment 198 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data shall not be retainprocessed by payment service providers, providers of support services or by the European central banks and the national central banks.
Amendment 210 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(c a) (d) the objective of introducing a payment instrument offering a similar level of privacy than cash.
Amendment 222 #
2023/0212(COD)
Proposal for a regulation
Annex II – paragraph 1 – point d a (new)
Annex II – paragraph 1 – point d a (new)
(d a) Offline digital euro payment transactions;
Amendment 229 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 1 – point iii
Annex III – point 1 – point iii
(iii) information on digital euro payment accounts; includ, meaning information on digital euro holdings of the digital euro user and the unique digital euro payment account number; and
Amendment 232 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 1 – point iv
Annex III – point 1 – point iv
(iv) information on online digital euro payment transactions, includmeaning the transaction identifier and the transaction amount.
Amendment 236 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 2 – point iii
Annex III – point 2 – point iii
(iii) information on digital euro payment accounts, includmeaning the unique digital euro payment account number; and
Amendment 239 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 2 – point iv
Annex III – point 2 – point iv
(iv) information of non-digital euro payment accounts, includmeaning the account number of the linked non-digital euro payment account.
Amendment 243 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 3 – point i
Annex III – point 3 – point i
(i) the user identifier; including and the name of the local storage device holders; and
Amendment 245 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 3 – point ii
Annex III – point 3 – point ii
(ii) information on the local storage device, includmeaning the identifier of the local storage device.
Amendment 250 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 1 – point i
Annex IV – point 1 – point i
(i) information on digital euro payment accounts, includmeaning the unique digital euro payment account number; and
Amendment 252 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 1 – point ii
Annex IV – point 1 – point ii
(ii) information on online digital euro payment transactions. information linked to an unique digital euro payment account number, includingand the transaction amount.
Amendment 259 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. For the purpose of point (c) of Article 35(1), processing shall be limited to the data required for counterfeit analysis of offline digital euro payment transactions: information on the local storage device, includmeaning the local storage device number.
Amendment 266 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 4 – point iii
Annex IV – point 4 – point iii
(iii) information on digital euro payment accounts, includmeaning the unique digital euro payment account number, digital euro holdings of the user, the holding limit selected by the user and the type of digital euro account.
Amendment 270 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point i
Annex V – paragraph 1 – point i
(i) information on digital euro payment accounts, includmeaning the unique digital euro account identifier;
Amendment 273 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point ii
Annex V – paragraph 1 – point ii
(ii) information on online digital euro payment transactions, includmeaning the transaction amount; and
Amendment 276 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point iii
Annex V – paragraph 1 – point iii
(iii) information on the transaction session of a digital euro user, includingand the device internet protocol address-range.
Amendment 26 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions, ambassadors and diplomatic personnel, high ranking military officers and heads of intelligence services, as well as high ranking prosecutors, such as general prosecutors and chief prosecutors. .
Amendment 32 #
2023/0135(COD)
2. Member States shall take measures to ensure the highest degree of transparency and accountability in public administration and public decision-making with a view to prevent corruption, including to file yearly, under the penalty of perjury, a declaration of assets and of interests.
Amendment 43 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) members of law enforcement, intelligence agencies and the judiciary, including measures relating to their appointment and conduct, and by ensuring adequate remuneration and equitable pay scales.
Amendment 149 #
2023/0135(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should have in place bodies or units specialised in the repressvention and specialised in the preventrepression of corruption. Member States may decide to entrust a body with a combination of preventive and law enforcement functions. In order to ensure that these bodies operate effectively, they should meet a number of conditions, such as, first and foremost the respect of fundamental rights, national constitutional provisions, the right to a fair trial, including having the independence, impartiality, resources and powers that are necessary to ensure the propefair administration of their tasks.
Amendment 152 #
2023/0135(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Taking account of the evoluOECD 2008 statement that 'there are as many different definitions of corruption as thereats and the legal obligations on the Union and Member States under international law, as well as the development of national legal frameworks, the definition of corruption should be further approximated in all Member States so that it covers corrupt conduct more comprehensively. are manifestations of the problem itself' it should be retained that there is no single definition of corruption as corruption exists in different forms involving different participants. Indeed, corruption is an endemic phenomenon that takes multiple shapes and forms across all facets of society, for example bribery, embezzlement, trading in influence, trading of information, abuse of functions, diversion of public funds and illicit enrichment1a. _________________ 1a Stepping up the EU's efforts to tackle corruption, Cost of Non Europe Report, EPRS | European Parliamentary Research Service, JAN 2023, page 15 (UNODC, n.d.)
Amendment 154 #
2023/0135(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To avoid impunity for corruption offences in the public sector, the scope of application needs to be well defined. First of all, the concept of public official should also cover persons working in international organisations, including the institutions, agencies and bodies of the European Union and international courts. This should, amongst other things, encompass persons acting as members of collegial bodies responsible for deciding on the guilt of an accused person in the framework of a trial, as well as persons who by virtue of an arbitration agreement are called upon to render a legally binding decision in disputes submitted by the parties to the arbitration agreement. Secondly, many entities or persons nowadays exercise public functions without holding a formal office. Therefore, the concept of public official, including ambassadors and diplomatic personnel, military and intelligence services' personnel, judges and prosecutors, is defined to cover all relevant officials, whether appointed, elected or employed on the basis of a contract, holding a formal administrative or judicial office, as well as all persons providing a service, which have been vested with public authority or who are subject to the control or supervision of public authorities in relation to the carrying out of such a service, even if they do not hold formal office. For the purposes of this Directive, the definition should cover persons working in state-owned and state- controlled enterprises, as well as in asset management foundations and privately- owned companies performing public service functions and the legal persons established or maintained by them. Any person holding a legislative office should be treated as a public official for the purposes of this Directive.
Amendment 168 #
2023/0135(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The implementation of this Directive must take into consideration the Venice Commission Report on the Relationship Between Political and Criminal Ministerial Responsability, 8-9 March 20232a, which states that criminal sanctions should be used as the last resort (ultima ratio). 2a. 2a https://www.venice.coe.int/webforms/docu ments/default.aspx?pdffile=CDL- AD(2013)001-e
Amendment 169 #
2023/0135(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) The implementation of this Directive should take into consideration that following the ECtHR Liivik v. Estonia of 25 June 2009, the Venice Commission considers, that criminal provisions prohibiting “abuse of office”, “misuse of powers”, “excess of authority” or similar offences are to be found in a number of European legal systems, and the Venice Commission recognises that there may be a perceived need for such general clauses, which may cover the many various forms of grave offences that public officials may commit, and which it is not easy to regulate in detail in advance. At the same time, the Commission holds that such blanket criminal provisions are deeply problematic, both with regard to the qualitative requirements of Article 7 of the ECHR and other basic requirements under the rule of law, such as predictability and legal certainty, and that they are also particularly vulnerable to political misuse3a. _________________ 3a 3a https://www.venice.coe.int/webforms/docu ments/default.aspx?pdffile=CDL- AD(2013)001-e
Amendment 171 #
2023/0135(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure that public officials do not intentionally use funds for purposes other than they were intended, it is necessary to lay down rules on the offence of misappropriation by public officials of property whose management is entrusted to them. In order to take a comprehensive approach to the fight against corruption, this Directive should also cover misappropriation in the private sector. In order for misappropriation to be criminal, it should lead to an advantage for the public official or a third partyfor misappropriation to be criminal, it should lead to an advantage for the public official or a third party or cause a certain financial damage or a severe violation of the legitimate rights or interests of a natural or legal person.
Amendment 172 #
2023/0135(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Trading in influence, arising from the corrupt behaviour of those persons who are or claim to be in the proximity of power and try to exchange promises of exerting influence over decision-making processes in return for undue advantages should also be defined as a criminal offence. The constituent elements of the criminal offence should be that the instigator provides, or unequivocally promises to provide the influence peddler with an undue advantage for exerting unlawful influence over an outcome or a process that is subject to decision-making. When carried out intentionally, this behaviour should be considered a criminal offence irrespective of whether the influence was exerted and whether or not the claimed influence leads to the outcome intended. This offence should not cover the legitimate exercise of acknowledged forms of interest representation which may seek to legitimately influence public decision- making but do not entail an undue exchange of advantages. Such forms of interest representation, such as advocacy for example, are often carried out in a regulated environment precisely for avoiding that a lack of transparency may allow them to become gateways to corruption. Having in place well- functioning additional rules on disclosing conflicts of interest, on ‘revolving-doors’ or on the financing of political parties, can also help to avoid grey areas and prevent undue influence.
Amendment 174 #
2023/0135(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, it is necessary to define the offence of abuse of functions in the public sector as a failure to perform an act by a public official, in violation of laws, to obtain an undue advantage. In order to comprehensively fight corruption, this Directive should also cover abuse of functions in the private sector if it leads to an advantage for the public official or a third party or causes a certain financial damage or a severe violation of the legitimate rights or interests of a natural or legal person .
Amendment 207 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘prevention of corruption’ refers to the detection and elimination of the causes of and conditions for corruption, through development and implementation of a rule of law system of appropriate measures, as well as deterrence against corruption- related acts.
Amendment 208 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
1a. primary legislation means any normative act wich has the force of law according to the Constitution of the Member States
Amendment 209 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
1b. secondary legislation means administrative normative acts implementing the primary legislation
Amendment 210 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
1c. a promise is a firm agreement to perform an act, refrain from acting or make a payment or delivery;
Amendment 211 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
1d. unequivocal promise is a precisely and clearly expressed. not implied promise
Amendment 224 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘breach of duty’ covers as a minimum any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or instructions, which apply within the business of a person who in any capacity directs or works for a private sector entity. breach of a statutory duty arising from national primary legislation
Amendment 231 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, Ambassadors as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions.
Amendment 283 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where appropriate, Member States shall take measures to promote the participation of civil society, non- governmental organizations and community-based organizations in anti- corruption activitieswareness-raising campaigns with a view to prevent corruption.
Amendment 299 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) are functionally independent from the government and have a sufficient number of qualified staff and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the propefair administration of their tasks;
Amendment 301 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) are established by law, respect the fundamental rights, the right to a fair trial, are independent and impartial
Amendment 305 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) provide public access to relevant information on the exercise of their activities, with due regard for the protection of personal data, access of parties to the file and the confidentiality of investigations;
Amendment 306 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) operate and take decisions in accordance with transparent procedures established by law, repecting the principle of equitable, impartial and independent administration of justice with the effect of ensuring integrity and accountability.
Amendment 317 #
2023/0135(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of training for its national officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a fair, proportionate, timely and appropriate manner to any suspiciouspotential corruption activityies.
Amendment 324 #
2023/0135(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the unequivocal promise, offer or giving, directly or through an intermediary, of an advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting in accordance with his duty or in the exercise of that official’s functions (active bribery);
Amendment 328 #
2023/0135(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the request or receipt by a public official, directly or through an intermediary, of an advantage of any kind or the unequivocal acceptance of a promise of such an advantage for that official or for a third party, in order for the public official to act or to refrain from acting in accordance with his duty or in the exercise of that official’s functions (passive bribery).
Amendment 332 #
2023/0135(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the unequivocal promise, offer or giving, directly or through an intermediary, an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties as foreseen in the national primary legislation (active bribery);
Amendment 335 #
2023/0135(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the acceptance of an unequivocal promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private- sector entity, to act or to refrain from acting, in breach of that person’s duties as foreseen in the national primary legislation (passive bribery).
Amendment 340 #
2023/0135(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was ientendrusted;
Amendment 342 #
2023/0135(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the committing, disbursing, appropriation or use, in the course of economic, financial, business or commercial activities, by a person who directs or works, in any capacity, in a private sector entity, of any property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was ientendrusted.
Amendment 345 #
2023/0135(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the unequivocal promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official;
Amendment 348 #
2023/0135(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the unequivocal acceptance of a promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official.
Amendment 353 #
2023/0135(COD)
Proposal for a directive
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage for that official or for a third party or causes damage of more than 10,000 euros or a severe violation of the legitimate rights or interests of a natural or legal person;
Amendment 356 #
2023/0135(COD)
Proposal for a directive
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
2. the performance of or failure to perform an act, in breach of duties as foreseen by the primary national legislation, by a person who in any capacity directs or works for a private- sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage for that person or for a third party or causes damage of more than 10,000 euros or a severe violation of the legitimate rights or interests of a natural or legal person.
Amendment 361 #
2023/0135(COD)
Proposal for a directive
Article 12 – paragraph 1 – point 1
Article 12 – paragraph 1 – point 1
1. the use, directly or through an intermediary, of physical force, threats or intimidation or the unequivocal promise, offering or giving of an advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
Amendment 377 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 7 to 14 are punishable by effective, proportionate and dissuasive criminal penalties. Member States shall take the necessary measures to ensure that principles such as the rights to a fair trial, including proper rights of defence, presumption of innocence, the independence and impartiality of the judiciary, as well as the principle of “no punishment without law” are at all times respected.
Amendment 439 #
2023/0135(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. In addition to the measures referred to in paragraph 1, Member States shall ensure that persons reporting offences referred to in this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary protection, support and assistance in the context of criminal proceedings, and their right to a fair trial is respected.
Amendment 442 #
2023/0135(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive. Member States shall take all necessary measures to ensure the right to a fair trial and remedy, the right to defence and the presumption of innocence are at all times respected.
Amendment 456 #
2023/0135(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Member States' authorities and Europol, Eurojust, the European Public Prosecutor's Office, the European Anti- Fraud Office (OLAF) and the Commission shall take all necessary measures to ensure the right to a fair trial and remedy, the right to defence and the presumption of innocence are at all times respected.
Amendment 2 #
2022/2898(RSP)
Citation 6
Amendment 10 #
2022/2898(RSP)
Citation 22
Amendment 11 #
2022/2898(RSP)
Citation 24
Amendment 12 #
2022/2898(RSP)
Citation 26
Amendment 13 #
2022/2898(RSP)
Citation 28
Amendment 17 #
2022/2898(RSP)
Citation 38 a (new)
— having regard to GRECO´s Fourth Evaluation Round - Corruption prevention in respect of members of parliament, judges and prosecutors - Second Interim Compliance Report - Austria - published on the 20st of April 2022,1a _________________ 1a https://rm.coe.int/fourth-evaluation- round-corruption-prevention-in-respect- of-members-of/1680a63353
Amendment 18 #
2022/2898(RSP)
Citation 38 b (new)
Amendment 19 #
2022/2898(RSP)
Citation 38 c (new)
Amendment 20 #
2022/2898(RSP)
Citation 38 d (new)
Amendment 21 #
2022/2898(RSP)
Citation 38 e (new)
— having regard to the fact that with respect to its 16 recommendations to the Netherlands regarding the prevention of corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies, GRECO concludes that the Netherlands have satisfactorily implemented none of the 16 recommendations contained in the Fifth Round 16 Evaluation Report and eight recommendations have been partly implemented and eight have not been implemented,
Amendment 22 #
2022/2898(RSP)
Citation 38 f (new)
— whereas Article 2 TEU applies to the European Union and the Rule of Law Report should cover primarily the EU institutions, especially since they have long been accused of democratic deficit;
Amendment 24 #
2022/2898(RSP)
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 – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entities; 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 sovereignty and identities as well as religious and cultural traditions;
Amendment 25 #
2022/2898(RSP)
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 – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession, especially by the Commission and the Court of Justice; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole, including its institutions and its Member States at all levels of governance, including subnational entities;
Amendment 26 #
2022/2898(RSP)
Recital A a (new)
Aa. 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 the Union, equally applied to all Member States;
Amendment 27 #
2022/2898(RSP)
Recital A a (new)
Aa. whereas the decisions of the Court of Justice of the European Union are mandatory for the member states as long as they do not contravene their national constitutions;
Amendment 29 #
2022/2898(RSP)
Recital B
B. whereas the Conference on the Future of Europe clearly expressed a desire for the EU to systematically uphold the rule of law across all Member States, to protect citizens’ fundamental rights and to retain the EU’s credibility when promoting its values abroad; whereas the European Parliament Delegation did not give its consent to the draft proposals of the Conference on the Future of Europe unanimously; whereas the Council reserved its position on each individual proposal; whereas there was no consensus among the national parliaments;
Amendment 33 #
2022/2898(RSP)
Recital C a (new)
Ca. whereas the supreme law of each state, validated through the direct vote of the citizens, is the Constitution, and considering that the European citizens rejected to adopt a European Super- Constitution, the European Treaties cannot themselves fulfil the role of the European Constitution and prevail over the national constitutions;
Amendment 34 #
2022/2898(RSP)
Recital D
Amendment 35 #
2022/2898(RSP)
Recital D
Amendment 38 #
2022/2898(RSP)
Recital E
Amendment 39 #
2022/2898(RSP)
Recital E a (new)
Ea. 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 fully published;
Amendment 40 #
2022/2898(RSP)
Recital E b (new)
Eb. whereas the European Ombudsman has conducted an investigation at the end of 2021 regarding the Commission President Ursula von der Leyen and the Pfizer's CEO Albert Bourla about the exchange of personal texts and calls related to the procurement of COVID-19 vaccines, which the Commission has refused to disclose afterwards; whereas the Ombudsman found that this behaviour constituted maladministration, as the exchanges took place in the context of negotiations on a contract for the procurement of vaccines that was later concluded;1a _________________ 1a https://www.ombudsman.europa.eu/en/rec ommendation/en/151678
Amendment 41 #
2022/2898(RSP)
Recital E c (new)
Ec. Whereas the European Public Prosecutor's Office has announced on the 14th of October 2022 that there is an ongoing investigation into the acquisition of COVID-19 vaccines in the EU and the fact that the exceptional confirmation comes after the extremely high public interest into the matter;
Amendment 43 #
2022/2898(RSP)
Recital F
F. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensivethere exist already various EU mechanisms to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as by candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rightsArticle 2 TEU so it is not necessary to create any new one;
Amendment 46 #
2022/2898(RSP)
Recital F a (new)
Fa. whereas transparency is one of the key founding elements of the European Union and, despite this fact, the Commission had not disclose the name of authors of none of the Rule of law reports, which raises doubts about the objectivity, accuracy and professionalism of these reports;
Amendment 47 #
2022/2898(RSP)
Paragraph 1
1. WelcomNotes the Commission’s third annual rule of law report as part of the Commission’s rule of law toolbox; considers that while the; considers that the Commission has no competence to prepare such a report; represents a step towards a coherent mechanism to preserve Union values, the toolbox remainsminds that Article 2 TEU, which defines the core values of the Union, applies not only and not even primarily too flexible and too broad an approach to the rule of lawthe Member States, but to the European Union as such, so it is the Union institutions that should be covered by the report in the first instance;
Amendment 48 #
2022/2898(RSP)
Paragraph 1
1. WelcomUrges the Commission, when drafting the Rule of Law Report, that the sovereignty and constitutional order of each and every Member States have to be respected; notes the Commission’s third annual rule of law report as part of the Commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to preserve Union values, the toolbox remains too flexible and too broad an approach to the rule of law;
Amendment 52 #
2022/2898(RSP)
Paragraph 1 a (new)
1a. Notes that the 2020 Rule of Law report, the 2021 and the current one, do 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 experts who wrote it;
Amendment 53 #
2022/2898(RSP)
Paragraph 1 a (new)
Amendment 54 #
2022/2898(RSP)
Paragraph 2
2. Notes someno improvements compared to previous annual reports, such as the addition of country-specific recommendations; notes also the special attention paid to the public service media and to measures to ensure the transparency of media ownership, including the Media Pluralism Monitor rank; notes that the Commission is still struggling, the assessment of the implementation of the rulings of the European Court of Human Rights by the Member States, the attention paid to political party financing, the focus on equality bodies, national human rights institutions and ombudspersons, the monitoring of high-level appointments in the justice system and the increased attention paid to the legal professiono define what the rule of law is, as its report on the rule of law describes many different values listed in Article 2 of the TEU;
Amendment 59 #
2022/2898(RSP)
Paragraph 2 a (new)
2a. Condemns the Commission for its unequal treatment of the Member States described in the reports; condemns especially the Commission's different treatment of the same or similar legal solutions in different Member States; condemns the Commission for trying to impose ideological and religious solutions on Member States, in particular on LGBT and abortion;
Amendment 67 #
2022/2898(RSP)
Paragraph 3
Amendment 69 #
2022/2898(RSP)
Paragraph 4
Amendment 71 #
2022/2898(RSP)
Paragraph 5
5. Highlights that the intentional targeting of minority groups’ rights in someo date, no Member States has created and established momentum elsewhere, as can be evidenced by backtracking on the rights of women, including a deterioration in the situation in relation tobeen found to have breached the Article 2 TEU values, nor even been found to be at serious risk of violating them; underlines that the rights of women, including sexual and reproductive health and rights, and of LGBTIQ+ persons, migrants and other minority groups; calls for a summary of the implementation of the EU anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groupsgroups must not be part of the Commission's report;
Amendment 75 #
2022/2898(RSP)
Paragraph 6
6. WelcomNotes the addition of country- specific recommendations, as a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementation;
Amendment 77 #
2022/2898(RSP)
Paragraph 6
6. Welcomes the addition of country- specific recommendations, as a follow up to the reiterated calls from Parliament to this endStresses that the Commission has no competence to make either binding or non-binding recommendations on the Union's values contained in Article 2 TEU; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however,deplores the fact that the recommendations are not bindingwere prepared; calls on the Commission to developstop immediately the annual rule of law cycle further by assessing the implementand especially preparation of the country- specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementation;
Amendment 80 #
2022/2898(RSP)
Paragraph 7
Amendment 81 #
2022/2898(RSP)
Paragraph 7
Amendment 82 #
2022/2898(RSP)
Paragraph 8
Amendment 84 #
2022/2898(RSP)
Paragraph 8
Amendment 86 #
2022/2898(RSP)
Paragraph 8 a (new)
8a. Is concerned about the 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;
Amendment 89 #
2022/2898(RSP)
Paragraph 9
9. Commends the efforts by the Commission to engage better with national stakensiders that information from Member States' authorities shoulders; recognises civil society as an essential actor for the rule of law, with be the basis for information; points out that civil society organisations are often political and important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society in the follow-up to the report at national level, in cooperation with the FRAdeological movements and may also be susceptible to disinformation and propaganda, including from third countries interested in destabilising Member States;
Amendment 94 #
2022/2898(RSP)
Paragraph 10
10. Stresses the need for country- specific recommendations on the national responses to the COVID-19 pandemic and their impact on democracy, the rule of law and fundamental rights within the Union; calls on the Commission to continue monitoring and reporting on these national processes, including best practicat the primary responsibility for health protection and, in particular, healthcare systems continues to lie with the Member States;
Amendment 95 #
2022/2898(RSP)
Paragraph 10
10. Stresses the need for country- specific recommendationinquiries on the national responses to the COVID-19 pandemic and their impact on democracy, the rule of law and fundamental rights within the Union; calls on the Commission to continue monitoring and reporting on these national processes, including best practices;
Amendment 96 #
2022/2898(RSP)
Paragraph 11
11. RegretNotes the absence of country- specific recommendations related to Member States’ unlawful use of surveillance spyware technologies, such as Pegasus or Predator, in spite of the concrete revelations on, and increasing evidence of, their use against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors; is extremely concerned about the related risks to civil society, democracy, the rule of law and respect for fundamental rights posed by national governments’ uncontrolled use of spyware; regrets the lack of cooperation by some Member States’ authorities with Parliament’s Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spywar; underlines that national security remains the sole responsibility of each Member State;
Amendment 99 #
2022/2898(RSP)
Paragraph 11
11. Regrets the absence of country- specific recommendations related to Member States’ unlawful interference of intelligence agencies in the judiciary as well as the use of surveillance spyware technologies, such as Pegasus or Predator, in spite of the concrete revelations on, and increasing evidence of, their use against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors; is extremely concerned about the related risks to civil society, democracy, the rule of law and respect for fundamental rights posed by national governments’ uncontrolled use of spyware; regrets the lack of cooperation by some Member States’ authorities with Parliament’s Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware;
Amendment 100 #
2022/2898(RSP)
Paragraph 11 a (new)
11a. Points out, similarly to the previous year, the fact that the independence of lawyers and bar associations 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 2023 Rule of law Report there is a more developed analysis of the independence of lawyers and bar associations as indispensable component of the independence of the justice system, due process and of the rule of law;
Amendment 101 #
2022/2898(RSP)
Paragraph 11 b (new)
11b. 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 105 #
2022/2898(RSP)
Paragraph 12
12. Reiterates its call on the Commission to expand the scope of its reporting to cover all values enshrined in Article 2 TEU; reiterates the intrinsic link between the rule of law, democracy and fundamental rights; urges the Commission and the Council to immediately enter into negotiations with Parliament on an intDeplores that the Commission 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; underlinstitutionales that there are aglreement on an EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU valuesady different Treaty mechanisms and any duplication should be avoided;
Amendment 108 #
2022/2898(RSP)
Paragraph 12 a (new)
12a. Reminds the Commission that serious breaches with respect to corruption among members of government, high level politicians, media, independence and integrity of judges and prosecutors are taking place in Austria for many years now without the Commission taking any concrete actions as it does in the case of other Member States3a _________________ 3a https://www.politico.eu/article/austrian- court-convicts-on-heinz-christian-strache- on-corruption-charges/ https://orf.at/stories/3293604/ https://democracy- reporting.org/en/office/EU/publications/a ustrian-presidential-elections-and-the- rule-of-law https://www.politico.eu/article/dutch- scandal-serves-as-a-warning-for-europe- over-risks-of-using-algorithms/
Amendment 113 #
2022/2898(RSP)
Paragraph 13
13. Strongly regrets the inability of the Council to make meaningful progress in the ongoat the Council is avoiding voting ing 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 that Parliament’s role and competences be respectednderlines that this procedure should not be unnecessarily prolonged; urges the Council to schedule a vote and thus conclude the procedure;
Amendment 114 #
2022/2898(RSP)
Paragraph 13 a (new)
13a. 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 115 #
2022/2898(RSP)
Paragraph 14
14. Strongly condemns Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialogueesses that the participation of Member States in the Commission's annual Rule of Law Dialogue is not mandatory; shows understanding for those Member States that had decided to suspend cooperation with the Commission, in particular due to its methodological errors in the preparation of the reports and due to unequal treatment of Member States;
Amendment 118 #
2022/2898(RSP)
Paragraph 15
Amendment 119 #
2022/2898(RSP)
Paragraph 15
Amendment 122 #
2022/2898(RSP)
Paragraph 16
Amendment 129 #
2022/2898(RSP)
Paragraph 17
Amendment 11 #
2022/2141(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in 2021 the Ombudsman opened an inquiry on the European Commission’s refusal to give public access to documents concerning the purchase of vaccines against COVID-19 and on the Commission’s failure to deal with the complainant’s access requests within the prescribed time limit;1a _________________ 1a https://www.ombudsman.europa.eu/en/de cision/en/141706
Amendment 12 #
2022/2141(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas in 2021 the Ombudsman opened in inquiry on the European Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID-19 vaccine; 4a _________________ 4a https://www.ombudsman.europa.eu/en/pre ss-release/en/158303
Amendment 13 #
2022/2141(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the Ombudsman has opened an inquiry regarding the European Medicines Agency's (EMA) refusal of public access to documents relating to the manufacturing of mRNA vaccines against COVID-19; 2a _________________ 2a https://www.ombudsman.europa.eu/en/cas e/en/59918
Amendment 27 #
2022/2141(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Congratulates the Ombudsman for the advice given through the Interactive Guide available on the Ombudsman's website;
Amendment 72 #
2022/2141(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the Ombudsman inquiry regarding the Commission’s refusal to give public access to documents concerning the purchase of vaccines against COVID-19 and the Ombudsman inquiry regarding the European Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID-19 vaccine;3a _________________ 3a https://www.ombudsman.europa.eu/en/cas e/en/59777
Amendment 73 #
2022/2141(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Highlights that based on the inquiry, the Ombudsman concluded that the Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID 19 vaccine (case 1316/2021/MIG) was maladministration; 5a _________________ 5a https://www.ombudsman.europa.eu/en/de cision/en/158295
Amendment 74 #
2022/2141(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Congratulates the Ombudsman for the inquiry on how the European Commission handled a request for public access to documents concerning the quality of medical masks distributed during the COVID-19 pandemic and highlights that the decision of the Ombudsman on this inquiry was that the Commission's refusal for public access to documents related to the purchase of 1.5 million medical masks that did not meet the required quality standards was maladministration; 7a _________________ 7a https://www.ombudsman.europa.eu/en/de cision/en/158295
Amendment 78 #
2022/2141(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Congratulates the Ombudsman for the continued focus on how the EU administration deals with so-called "revolving doors" and for opening a broad strategic inquiry into how the Commission handles revolving door situations; 6a _________________ 6a https://www.ombudsman.europa.eu/en/do c/annual-report/en/156017
Amendment 1 #
2022/2091(DEC)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Stresses that financial regulations and high management standards have to be observed by all Union institutions;
Amendment 2 #
2022/2091(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considering Article 14(2)(c) and Article 14(5) of Council Regulation (EU) 2017/1939 regarding the appointment and dismissal of the European Chief Prosecutor, points to the Decision of 11 November 2021 of Romania's High Court of Cassation and Justice according to which Laura Kövesi does not have the highest prosecutorial or judicial grade in Romania;
Amendment 10 #
2022/2091(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes EPPO's announcement from the 14 October 2022 with respect to the ongoing EPPO investigation into the acquisition of COVID-19 vaccines in the Union and to the fact that the exceptional confirmation comes after the extremely high public interest into the matter;
Amendment 13 #
2022/2091(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. RegretNotes that the EPPO’s full independence has been put into question by some Member States governments’ interferences withexistence has generated constitutional issues in some Member States regarding their European delegated prosecutors' appointment procedure;
Amendment 14 #
2022/2091(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 15 #
2022/2091(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Awaits with interest the findings and conclusions of EPPO's investigation into the acquisition of COVID-19 vaccines in the Union;
Amendment 16 #
2022/2091(DEC)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Warns that in the current crisis context, identifying new budgetary resources for the Union risks to become EPPO's sole reason of existence, with clear and serious impact on citizens rights and freedoms;
Amendment 18 #
2022/2091(DEC)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 5 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. SupportNotes the proposals made by the plenary of the Conference on the Future of Europe (‘the Conference’) of 9 May 2022 in relation to the field of civil liberties, justice and home affairs1 ; calls upon the Union to more systematically uphold the rule of law principles and ensure fundamental rights protecwithin its institutions, and to scrutinize respect for these values and principles, both in the accession of new members anincluding in cases of abuses of competence, lobbying, favouritism towards selected countinually across all Union policies and across the Member Stateries or companies and unacceptable ideological bias; _________________ 1 In particular the following proposals: 22, 25, 26, 27, 28, 29, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
Amendment 6 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. SupportNotes the proposals made by the plenary of the Conference on the Future of Europe (‘the Conference’) of 9 May 2022 in relation to the field of civil liberties, justice and home affairs1 ; calls upon the Union to more systematically uphold the rule of law principles and ensure fundamental rights protection, and to scrutinize respect for these values and principles, both in the accession of new members and continually across all Union policies and across the Member States; _________________ 1 In particular the following proposals: 22, 25, 26, 27, 28, 29, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
Amendment 8 #
2022/2051(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Negatively assesses the outcome of the Conference on the Future of Europe as the citizens, Member States and national parliamentarians were effectively caught in a coordinated pincer movement organised by the federalist caucus in the European Parliament and its allies in the centralist panEuropean NGOs;
Amendment 10 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 11 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the abolishment ofStrongly opposes the proposal to abolish all unanimity requirements in the Treaties for adopting legislation in the area of freedom, security and justice, including for the use of passerelle clauses as the events of the last years show that the majority voting mechanism introduced by the Lisbon Treaty does not sufficiently guarantee the rights of the smaller states, and a further move away from unanimity will only exacerbate this problem, because imposition of qualified majority voting carries the risk of increasing disparities between Member States, as well as the domination of the largest states in Union policy-making;
Amendment 22 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the Union’s mainonly Treaty-based political instrument to address and reverse systemic rule of law threats and violations inof the Member States, Article 7 TEU, has been wholly ineffective as the rule of law situation further deteriorated since the activation of the procedure in relation to both Poland and Hungary;2 therefore, considers it necessary to reform Article 7 TEU as follows: to change the Council voting thresholds of Article 7(1) TEU from four-fifths majority to qualified majority voting, and of Article 7(2) TEU from unanimity to a four-fifths majority; to involve the institution which triggersvalues listed in Article 2 TEU in the Member States is Article 7 TEU; stresses that due to the political nature of the Article 7(1) TEU throughout the procedure;3 to require the Council to periodically organize hearings, draft country-specific recommendations and evaluate their implementation under Article 7(1) TEU; to involve the Parliament and the Commission in drafting modalities for the 7(1) TEU hearings;4 to allow the Parliament to trigger Article 7(2) TEU; to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearings; _________________ 2 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)); European Parliament resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (2022/2647(RSP)). 3 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)). 4 European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (2020/2072(INI).procedure and the lack of clear definitions of the concepts contained in Article 2 TEU, including the rule of law, any decisions in this procedure should be taken by unanimity;
Amendment 24 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the Union’s main political instrument to address and reverse systemic rule of law threats and violations in the Member States, Article 7 TEU, has been wholly ineffective as the rule of law situation further deteriorated since the activation of the procedure in relation to both Poland and Hungary;2 therefore, considers it necessary to reform Article 7 TEU as follows: to change the Council voting thresholds of Article 7(1) TEU from four-fifths majority to qualified majority voting, and of Article 7(2) TEU from unanimity to a four-fifths majority; tocould involve the institution which triggers Article 7(1) TEU throughout the procedure;3 to require the Council to periodically organize hearings, draft country-specific recommendations and evaluate their implementation under Article 7(1) TEU; to involve the Parliament and the Commission in drafting modalities for the 7(1) TEU hearings;4 to allow the Parliament to trigger Article 7(2) TEU;4 to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearings; _________________ 2 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)); European Parliament resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (2022/2647(RSP)). 3 European Parliament resolution of 16 3 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)). 4 European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (2020/2072(INI).
Amendment 32 #
2022/2051(INL)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 44 #
2022/2051(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the inclusion of the Charter of fundamental rights as the second chapter of the EU Treaty in order for fundamental rights and freedoms to feature more prominently in the founding Treaties; calls for the inclusion in the Treaties of a fundamental rights mainstreaming provision similar to Articles 8, 9 and 10 TFEU, so as to make the Union’s horizontal obligation to incorporate a fundamental rights perspective in all policies at all levels and at all stages explicit, hence reminding the co-legislators just as all Union institutions, bodies, offices and agencies and the Member States when they are implementing Union law to respect EU fundamental rights and promote their application in all their activities; considers it necessary, in addition, to make it mandatory for Union institutions to include fundamental rights monitoring mechanisms and related evaluation clauses whenever legislating in fundamental rights-sensitive policy areas, including the area of freedom, security and justice (enhanced fundamental rights mainstreaming)Stresses that the nature of Member States' obligations under the Charter is limited, i.e. confined to their implementation of Union law; in view of the progressive extension of Union law to further areas, underlines the importance of the principles of subsidiarity, as expressed in Article 51 of the Charter, and respect for the limits of the powers of the Union as conferred on it in the Treaties;
Amendment 50 #
2022/2051(INL)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 59 #
2022/2051(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Requests giving the FRA a foundation in the Treaties, including laying down, in accordance with the UN General Assembly’s Paris Principles of 1993, itStresses that the FRA's status as an authorit body independent ofrom both the EU institutions and the Member States, its powers and its new mandate, and introducing the ordinary legislative procedure for amending it should be considered fulfilled in the current state of law, and that there is no need to amend the Treaties in this respect; recalls that Regulation (EU) 2022/555 amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights emphasises in several recitals mandate articles the independence of both the Agency and its members;
Amendment 61 #
2022/2051(INL)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 64 #
2022/2051(INL)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 68 #
2022/2051(INL)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 71 #
2022/2051(INL)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 76 #
2022/2051(INL)
Draft opinion
Paragraph 12
Paragraph 12
12. CallsDoes not see the need for the introduction in the TFEU of a new shared Union competence for setting up an effective legal framework against disinformation and on holding media undertakings, social networks, and online platforms responsible to counter disinformation; since it is pointless, as such legal framework can be implemented without amending the Treaties;
Amendment 82 #
2022/2051(INL)
Draft opinion
Paragraph 13
Paragraph 13
13. Notes that horizontal EU legislation on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation has still not been adopted since the 2008 Commission initiative due to the absence of unanimity in Council; recommends therefore that EU action to combat discriminations on the basis of Article 19 TFEU be taken in accordance with the ordinary legislative procedure;
Amendment 92 #
Amendment 93 #
2022/2051(INL)
Draft opinion
Paragraph 14
Paragraph 14
Amendment 97 #
2022/2051(INL)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 102 #
2022/2051(INL)
Draft opinion
Paragraph 16
Paragraph 16
Amendment 112 #
2022/2051(INL)
Draft opinion
Paragraph 17
Paragraph 17
17. Calls for the introduction of a Union competence in Article 82 TFEU to establishStresses that there is no need to introduce additional Union competence in Article 82 TFEU, as the current solutions regarding the minimum conditions forapplicable to detention and custody. are sufficient;
Amendment 6 #
2022/2024(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the large number of petitions voicing citizens’ concerns over the public health and socio-economic emergencies, vaccination, and the implementation of the EU Digital COVID Certificate, resulting from the persistence of the COVID-19 pandemicthe lack of transparency in the research, development and purchase of COVID-19 vaccines, vaccination, including the vaccination of children against COVID-19 and the abusive implementation of the EU Digital COVID Certificate, significantly contributed to the increase in the number of petitions registered in 2021 on this topic in comparison with the previous year; whereas 17.3 % of the petitions received in 2021 related to the COVID-19 pandemic;
Amendment 8 #
2022/2024(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a large number of petitions received by the PETI committee demanded that full details of the COVID- 19 vaccine contracts signed between the Commission, the Member States and the vaccine producers, as well as patient-level clinical trial data to be published;
Amendment 9 #
2022/2024(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the high number of petitions submitted in 2021 reveals that, also in the second year of the pandemic, citizens placed significant trust in Parliament, choosing to address their concerns and complaints directly to their elected representatives at EU level, whom they considered to be the source of decision-making; whereas the elected representatives were entangled in the performance of their duty because they did not have access to full details of the COVID-19 vaccine contracts concluded between the Commission, the Member States and the vaccine producers;
Amendment 37 #
2022/2024(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the main subjects of concern raised in petitions submitted in 2021 related to fundamental rights (in particular the impact of COVID-19 emergency measures on the rule of law and democracy, as well on the access to education during the lockdowns, freedom of movement and the right to work), health (notably questions on the publicaccess to healthcare, on the health crisis resulting from the persistence of the pandemic, ranging from the protection of citizens’ health, including vaccination policy, to the use, implementation and application of the EU Digital COVID Certificate in the Member States and the alleged discrimination between vaccinated and non-vaccinated persons), the environment (mostly concerning mining activities and their impact on the environment, nuclear safety, air pollution and the deterioration of natural ecosystems), minority rights and discrimination (including the rights of national or linguistic minorities), education (in particular questions related to discriminatory access to education or contested national reforms of the law on education), the situation of EU students in the UK after the UK’s withdrawal from Erasmus+, and employment (in particular questions relating to national treatment of work contracts), in addition to many other areas of activity;
Amendment 81 #
2022/2024(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to the large number of petitions on COVID-19 that the Committee on Petitions examined and replied to in 2021; stresses that most of these petitions called for the protection of citizens’ health against the consequences of the virus, including questions on vaccination policy and allegeare raising concerns regarding the violation of citizens' rights and freedoms due to restrictions and emergency measures imposed during the pandemic and called for the protection of citizens’ health, including questions on vaccination policy, vaccination adverse effects, the acquisition and distribution of vaccines and discrimination between vaccinated and non-vaccinated persons, as well as for assessment of the management of the health crisis in the Member States;
Amendment 84 #
2022/2024(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note that, along with fundamental rights, health was the main area of concern for petitioners in 2021, while recognising that health concerns related to the COVID-19 pandemic, related to the restricted access to healthcare and to the adverse effects of the COVID-19 vaccines were at the centre of the Committee on Petitions’ work; emphasises the attention paid by the Committee on Petitions to the consequences of COVID- 19 in terms of internal market policy (in particular questions relating to national travel restrictions and their impact on the freedom of movement of persons within and outside the EU); points, in this regard, to the public hearing held by the Committee on Petitions jointly with the Committee on Transport and Tourism on 14 July 2021 entitled ‘How to improve air passenger rights during the COVID-19 crisis?’ Regulation (EC) No 261/2004 on 14 July 2021, in order to assess how effectively the Flight Compensation Regulation6 has been applied during the COVID-19 pandemic and if the EU legal framework on passenger rights was adequate to deal with such a crisis; _________________ 6 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. OJ L 46, 17.2.2004, p. 1.
Amendment 88 #
2022/2024(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that environmental issues remained an area of serious concern for petitioners in 2021; regrets that environmental rules are not always correctly implemented in the Member States, as described in numerous petitions raising complaints about air pollution, the deterioration of natural ecosystems, nuclear safety and the alteration of biodiversity; points to the important work carried out by the Committee on Petitions to highlight the impact of mining activities on the environment, as demonstrated by the number of petitions received on this topic; draws attention to the public hearing of 2 December 2021 on the environmental and social impacts of mining activity in the EU, held by the Committee on Petitions in association with the Committee on the Environment, Public Health and Food Safety, in order to acquire scientific knowledge on various aspects including mining legislation, safety standards, the social and environmental impacts of mines, environmental citizenship, public participation and transparency in the mining sector;
Amendment 10 #
2022/2015(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas transparency is one of the key founding elements of the European Union and, despite this fact, the European Commission is not disclosing the name of authors of the Rule of law reports, which raises doubts about the objectivity, accuracy and professionalism of these reports;
Amendment 13 #
2022/2015(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas the European Commission had not disclosed in over 15 years the name of the authors of the Progress Reports for Romania and Bulgaria within the Verification and Cooperation Mechanisms, like GRECO or Venice Commission do with their reports, which made these reports pure political, instead of technical, as they were intended;
Amendment 32 #
2022/2015(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. 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 fully disclosed not only to the media and the people, but not even to the Members of the European Parliament;
Amendment 34 #
2022/2015(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Whereas the European Ombudsman has conducted an investigation at the end of 2021 regarding the Commission President Ursula von der Leyen and the Pfizer's CEO Albert Bourla about the exchange of personal texts and calls related to the procurement of COVID-19 vaccines, which the Commission has refused to disclose afterwards; whereas the Ombudsman found that this behaviour 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 35 #
2022/2015(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. Whereas the European Public Prosecutor's Office has announced on the 14th of October 2022 that there is an ongoing investigation into the acquisition of COVID-19 vaccines in the EU and the fact that the exceptional confirmation comes after the extremely high public interest into the matter;
Amendment 84 #
2022/2015(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that the 2020 Rule of Law report, the 2021 and 2022, do 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 experts who wrote it; Reminds that the Commission was as opacque when drafting the Progress Reports for Romania and Bulgaria within the Verification and Cooperation Mechanisms;
Amendment 63 #
2022/0426(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and surrogacy in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings.
Amendment 135 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy” is added at the end of the paragraph.
Amendment 46 #
2022/0402(CNS)
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State if such recognition is manifestly not contrary to public policy - especially in situations where it could clearly have an adverse effect on the best interests of the child. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 48 #
2022/0402(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Such provisions must comply with the conditions of subsidiarity, proportionality and respect for fundamental rights in any way, in particular the fundamental rights of children.
Amendment 50 #
2022/0402(CNS)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A human being can only be a man or a woman, as stated in the Universal Declaration of Human Rights. The woman is the only human being who can give birth.
Amendment 51 #
2022/0402(CNS)
Proposal for a regulation
Recital 6
Recital 6
(6) In conformity with the Union’s competence to adopt measures on family law with cross-border implications, the 2010 ‘European Council Stockholm programme – An open and secure Europe serving and protecting citizens’40 invited the Commission to consider the problems encountered with regard to civil status documents and the access to registers of such documents and, in the light of its findings, to submit appropriate proposals and consider whether the mutual recognition of the effects of civil status documents could be appropriate, at least in certain areas. The Commission Action Plan Implementing the Stockholm Programme41 envisaged a legislative proposal for dispensing with the formalities for the legalisation of documents between Member States and a legislative proposal on the mutual recognition of the effects of certain civil status documents, including as regards birth, parenthood and adoption. The Commission Action Plan Implementing the Stockholm Programme explicitly refers to the equality of women and men. However, it should be remembered that the transcription of a foreign document into the domestic legal system is a reproduction - not an implementation - and although it is not an administrative decision, it is also not an automatic act: it is made on request and may be refused if it is manifestly contrary to public policy. Within the transcription, a consideration of the case- by-case basis is relevant, in order to protect paternity, maternity, the child and their family bonds. _________________ 40 OJ C 115 of 4.5.2010, p. 1. 41 COM(2010) 171 final.
Amendment 53 #
2022/0402(CNS)
Proposal for a regulation
Recital 8
Recital 8
(8) While the UnioAccording to Article 7 of the European Chas competence to adopt measures on family law with cross-border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in trter of Fundamental Rights, everyone has the right to respect for his or her private and family life, home and communications. It is, therefore, a responsibility of parents to procure such family hosme areas as regards parenthood. The Member States’ provisiwhere paternity and maternity bonds currently applicable in these areas differof affection and love for their children will prevail.
Amendment 55 #
2022/0402(CNS)
Proposal for a regulation
Recital 10
Recital 10
Amendment 59 #
2022/0402(CNS)
Proposal for a regulation
Recital 12
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EUe European Parliament has also repeatedly commented on surrogacy, pointing out that the practice - which is legal in some Member Strategy on the rights of the child49 as a key action to support equality and the rights of children. The Europeas - is nevertheless a form of slavery and discrimination against women on grounds of sex - being clearly incompatible with the Charter of Fundamental Rights, in Pparliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 ticular its article 3. par. 2, p. c (prohibition to use the human body and its individual parts as a source of profit); article 5 par. 3 (prohibiting human trafficking); article 21 (prohibiting sex discrimination); article 23 (equality between women and men), and - especially from the point of view of the child - may be incompatible with Art. 7 (respect for private and family life) and art. 24 par. 3 (the child's right to maintain contact with both parents). _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).
Amendment 61 #
2022/0402(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
Amendment 66 #
2022/0402(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 ('UN Convention on the Rights of the Child') requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the circumstances of the child's parentirrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration.
Amendment 69 #
2022/0402(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54 . However, this requirement should not be interpreted as a requirement to recognize surrogacy agreements concluded abroad, or to recognize "directly"( i.e. without carrying out the procedure, e.g. adoption) the origin of the child from the target parent who is not the biological parent. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019).
Amendment 71 #
2022/0402(CNS)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In its Resolution of 21 January 2021 “on the EU Strategy for Gender Equality”, the European Parliament acknowledged that sexual exploitation for surrogacy “is unacceptable and a violation of human dignity and human rights”. In its Resolution of 5 May 2022 “on the impact of the war against Ukraine on women”, the European Parliament condemned the practice of surrogacy, “which can expose women around the world to exploitation, in particular those who are poorer and are in situations of vulnerability”.
Amendment 74 #
2022/0402(CNS)
Proposal for a regulation
Recital 19
Recital 19
(19) The Court of Justice has confirmed that the essential characteristics of Union law have given rise to a structured network of principles, rules and mutually interdependent legal relations linking the Union and its Member States, and its Member States with each other. This legal structure is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, such as the right of women to non-discrimination on the grounds of sex, the right of women and children not to be subjected to instrumental treatment, human trafficking or various forms of slavery as stated in Article 2 TEU. That premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised.
Amendment 77 #
2022/0402(CNS)
Proposal for a regulation
Recital 20
Recital 20
(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination including non- discrimination based on gender are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birthgender and birth. Article 3. par.2 p. c of the same Charter prohibits the use of the human body and its individual parts as a source of profit, and its article 5 p 3 prohibits trafficking in human beings. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life.
Amendment 79 #
2022/0402(CNS)
Proposal for a regulation
Recital 21
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal statuincluding the right to respect for their biological and genetic ties in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic or international adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents if such recognition is not contrary to public policy, in particular, if it is not contrary to the fundamental rights of biological parents including the biological mother, who is often the victim of gender-based discrimination. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
Amendment 80 #
2022/0402(CNS)
Proposal for a regulation
Recital 22
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
Amendment 85 #
2022/0402(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intendedincluding the biological parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
Amendment 87 #
2022/0402(CNS)
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.
Amendment 92 #
2022/0402(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) In particular, the rules on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955 ; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56 ; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157 . However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
Amendment 97 #
2022/0402(CNS)
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.
Amendment 115 #
2022/0402(CNS)
Proposal for a regulation
Recital 49
Recital 49
(49) Proceedings on the establishment of parenthood under this Regulation should, as a basic principle, provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views and, when assessing the best interests of the child, due weight should be given to those views in the best interests of the child, their views should be taken into account in particular where they relate to their right to have their biological and genetic ties to their biological/genetic parents respected. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.
Amendment 119 #
2022/0402(CNS)
Proposal for a regulation
Recital 51
Recital 51
(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the persowoman giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the persowoman giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the persowoman giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the persowoman giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the persowoman giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother).
Amendment 120 #
2022/0402(CNS)
Proposal for a regulation
Recital 52
Recital 52
Amendment 135 #
2022/0402(CNS)
Proposal for a regulation
Recital 60
Recital 60
(60) Mutual trust in the administration of justice in the Union justifies the principle that court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for anyunless there are grounds for refusing such recognition procedure. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.
Amendment 137 #
2022/0402(CNS)
Proposal for a regulation
Recital 62
Recital 62
(62) The recognition in a Member State of court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthoodanalysed on a case-by-case basis, in order and to protect effectively children’s rights and the best interests of the child in cross-border situations.
Amendment 146 #
2022/0402(CNS)
Proposal for a regulation
Recital 69
Recital 69
(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin. with due regard to state procedures in a given Member State .
Amendment 154 #
2022/0402(CNS)
Proposal for a regulation
Recital 75
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the cCourts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in anowhen deciding on the non- compliance of foreign law provisions with national public policy should in particular take into account the issue of their Member State when doing so would be contrary topossible non-compliance with the Charter and, in particular, Article 21 thereof, which prohibits discrimination (including on grounds of sex), Article. 3. p. c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5 p. 3 prohibiting trafficking in human beings.
Amendment 160 #
2022/0402(CNS)
Proposal for a regulation
Recital 76
Recital 76
Amendment 162 #
2022/0402(CNS)
Proposal for a regulation
Recital 77
Recital 77
Amendment 165 #
2022/0402(CNS)
Proposal for a regulation
Recital 78
Recital 78
Amendment 167 #
2022/0402(CNS)
Proposal for a regulation
Recital 79
Recital 79
Amendment 168 #
2022/0402(CNS)
Proposal for a regulation
Recital 80
Recital 80
Amendment 171 #
2022/0402(CNS)
Proposal for a regulation
Recital 81
Recital 81
Amendment 177 #
2022/0402(CNS)
Proposal for a regulation
Recital 90
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 3. 2. c of the Charter prohibiting the use of the human body and its individual parts as a source of profit; Article 5.3 prohibiting human trafficking; Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
Amendment 181 #
2022/0402(CNS)
Proposal for a regulation
Recital 99
Recital 99
(99) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States because of the differences between national rules governing jurisdiction, applicable law and the recognition of court decisions and authentic instruments, but can rather, by reason of the direct applicability and binding nature of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives, Given the objectives of this Regulation, it is of utmost importance to keep a balance between the exclusive competences of Member States to adopt substantive provisions in family law and the EU competence for cross-border issues (TFEU 81.3). Both the subsidiarity as well as the proportionality principles should be complied with through judicial cooperation on a case-by-case basis.
Amendment 190 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) parental and custody responsibility matters;
Amendment 197 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in national law. It includes the legal status of being the child of a particular parent or parents;
Amendment 227 #
2022/0402(CNS)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 253 #
2022/0402(CNS)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article 5.3 prohibiting trafficking in human beings and Article 21 thereof on the right to non- discrimination.
Amendment 257 #
2022/0402(CNS)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required unless there are grounds for refusal of recognition listed in Article 31 .
Amendment 260 #
2022/0402(CNS)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In particular, if there are no grounds for refusal of recognition listed in Article 31, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a court decision on parenthood given in another Member State and against which no further appeal lies under the law of that Member State.
Amendment 275 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s best interests;
Amendment 284 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5.3 prohibiting trafficking in human beings and Article 21 thereof on the right to non- discrimination.
Amendment 296 #
2022/0402(CNS)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required unless there are grounds for refusal of recognition as listed in Article 31. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Amendment 305 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s best interests;
Amendment 308 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5.3 prohibiting trafficking in human beings and Article. 21 prohibiting discrimination.
Amendment 318 #
2022/0402(CNS)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
2. For the purposes of assessing whether such a decision or document meets the criteria for refusal of recognition set out in Article 31, it must however be assessed whether the grounds used in the particular case for identifying each parent in the Member State of origin are not manifestly contrary to public policy in a given Member State. In making such an assessment, the fundamental rights and principles set out in the Charter should be respected. This applies in particular to its Article. 3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5.3 prohibiting trafficking in human beings and Article. 21 prohibiting discrimination.
Amendment 326 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance ofrespecting the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3.2.c prohibiting the use of the human body and its individual parts as a source of profit, art. 5.3 prohibiting trafficking in human beings and art. 21 prohibiting discrimination.
Amendment 331 #
2022/0402(CNS)
Proposal for a regulation
Article 46
Article 46
Amendment 333 #
2022/0402(CNS)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 336 #
2022/0402(CNS)
Proposal for a regulation
Article 48
Article 48
Amendment 337 #
2022/0402(CNS)
Proposal for a regulation
Article 49
Article 49
Amendment 342 #
2022/0402(CNS)
Proposal for a regulation
Article 50
Article 50
Amendment 345 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Amendment 347 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
Amendment 348 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 350 #
2022/0402(CNS)
Proposal for a regulation
Article 52
Article 52
Amendment 353 #
2022/0402(CNS)
Proposal for a regulation
Article 53
Article 53
Amendment 356 #
2022/0402(CNS)
Proposal for a regulation
Article 54
Article 54
Amendment 357 #
2022/0402(CNS)
Proposal for a regulation
Article 55
Article 55
Amendment 360 #
2022/0402(CNS)
Proposal for a regulation
Article 56
Article 56
Amendment 364 #
2022/0402(CNS)
Proposal for a regulation
Article 57
Article 57
Amendment 367 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
Amendment 391 #
2022/0402(CNS)
Proposal for a regulation
Annex I – title
Annex I – title
6.7. Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State). 6.7.1 Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State).
Amendment 392 #
Amendment 393 #
2022/0402(CNS)
Proposal for a regulation
Annex II – title
Annex II – title
7.7. Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State). 8.7. Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State).
Amendment 395 #
Amendment 398 #
Amendment 401 #
Amendment 576 #
2022/0402(CNS)
Proposal for a regulation
Annex I – title
Annex I – title
ATTESTATION CONCERNING A FINAL COURT DECISION IN MATTERS OF PARENTHOOD
Amendment 577 #
2022/0402(CNS)
Proposal for a regulation
Annex I – subtitle
Annex I – subtitle
IMPORTANT To be issued, upon application by a party, with regard to a final court decision in matters of parenthood, by the court of the Member State of origin as communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 578 #
Amendment 579 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 5.6
Annex I – point 5.6
5.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 580 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 6.5
Annex I – point 6.5
6.5 Identity number or social security number (if applicable and available): *:………………………………….
Amendment 581 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 7.5
Annex I – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 582 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 9
Annex I – point 9
Amendment 585 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.1
Annex II – point 2.1
2.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seisednational law)
Amendment 586 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.2
Annex II – point 2.2
Amendment 587 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.3
Annex II – point 2.3
Amendment 588 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.4
Annex II – point 2.4
Amendment 589 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.5
Annex II – point 2.5
Amendment 590 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.6
Annex II – point 2.6
Amendment 591 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Authentic instrument with binding legal effect
Amendment 592 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5.1
Annex II – point 5.1
Amendment 593 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5.2
Annex II – point 5.2
5.2. Reference number of the authentic instrument (if applicable)with binding legal effect*:
Amendment 594 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5.4
Annex II – point 5.4
5.4. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin*:
Amendment 596 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. Child covered by the authentic instrument with binding legal effect
Amendment 597 #
Amendment 598 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 6.6
Annex II – point 6.6
6.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 599 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 7.5
Annex II – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 600 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 8.5
Annex II – point 8.5
8.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 606 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. Court or other competent authority which established parenthood with binding legal effect or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 2)
Amendment 607 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 3.2.3
Annex IV – point 3.2.3
Amendment 608 #
Amendment 609 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4
Annex IV – point 4
Amendment 610 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4.6
Annex IV – point 4.6
4.6. Identification number*: _________________ 12 Please indicate the most relevant number if applicable.
Amendment 611 #
Amendment 612 #
Amendment 613 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4.10
Annex IV – point 4.10
4.10. Place of registration of parenthood*:
Amendment 614 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4.11
Annex IV – point 4.11
Amendment 615 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 5.5
Annex IV – point 5.5
5.5. Identification number*: _________________ 13 Please indicate the most relevant number if applicable.
Amendment 616 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 6.5
Annex IV – point 6.5
6.5. Identification number*: _________________ 14 Please indicate the most relevant number if applicable.
Amendment 617 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 7
Annex IV – point 7
7. Details concerning the representative of the applicant15 (to be completed only if the applicant is represented)
Amendment 618 #
Amendment 619 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 7.3.3
Annex IV – point 7.3.3
7.3.3. Date (dd/mm/yyyy) and place of registration*:
Amendment 620 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. Documents annexed to this application form* Court decision establishing parenthood Authentic instrument establishing parenthood with binding legal effect (for example, decision by an administrative authority, decision by a notary, decision by a registrar or act of registration by a registrar) Authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (for example, a birth certificate)Final court decision establishing parenthood deleted
Amendment 624 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Court or other competent authority which established parenthood with binding legal effect (in a final court decision or an authentic instrument with binding legal effect) or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 1)
Amendment 625 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 2.2.3
Annex V – point 2.2.3
Amendment 626 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 4
Annex V – point 4
4. Competence of the issuing authority (Article 48 of Council Regulation (EU) 20XX/X) The issuing authority is located in the Member State in which parenthood was established and whose courts have jurisdiction pursuant to:* 4.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seised) 4.2. □ Article 6(b) of Regulation (EU) 20XX/X (general jurisdiction - nationality of the child at the time the court is seised) 4.3. □ Article 6(c) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of the respondent at the time the court is seised) 4.4. □ Article 6(d) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of one of the parents at the time the court is seised) 4.5. □ Article 6(e) of Regulation (EU) 20XX/X (general jurisdiction - birth of the child) 4.6. □ Article 7 of Regulation (EU) 20XX/X (presence of the child)national law) deleted deleted deleted deleted deleted 4.7. □ Article 9 of Regulation (EU) 20XX/X (forum necessitatis)
Amendment 627 #
Amendment 628 #
Amendment 629 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 5.6
Annex V – point 5.6
5.6. Identification number*: _________________ 15 Please indicate the most relevant number.
Amendment 630 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 5.9
Annex V – point 5.9
Amendment 631 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.5
Annex V – point 6.1.5
6.1.5. Identification number * _________________ 16 Please indicate the most relevant number.
Amendment 632 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.1
Annex V – point 6.1.7.1
6.1.7.1. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Sweden □ Other (please specify ISO- code):…..…………………………..………… ………………………deleted
Amendment 633 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2
Annex V – point 6.1.7.2
Amendment 634 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.1
Annex V – point 6.1.7.2.1
Amendment 635 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.2
Annex V – point 6.1.7.2.2
Amendment 636 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.3
Annex V – point 6.1.7.2.3
Amendment 637 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.4
Annex V – point 6.1.7.2.4
Amendment 638 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.5
Annex V – point 6.2.5
6.2.5. Identification number* _________________ 16 Please indicate the most relevant number.
Amendment 639 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.1
Annex V – point 6.2.7.1
Amendment 640 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2
Annex V – point 6.2.7.2
Amendment 641 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.1
Annex V – point 6.2.7.2.1
Amendment 642 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.2
Annex V – point 6.2.7.2.2
Amendment 643 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.3
Annex V – point 6.2.7.2.3
Amendment 644 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.4
Annex V – point 6.2.7.2.4
Amendment 645 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 7.2.4
Annex V – point 7.2.4
7.2.4. Identification number* _________________ 19 Please indicate the most relevant number.
Amendment 646 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 7.3.4
Annex V – point 7.3.4
7.3.4. Surname(s) and given name(s) of person authorised to sign for the organisation:*
Amendment 145 #
2022/0277(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the digitalised media market, providers of video-sharing platforms or very large online platforms may fall under the definition of media service provider. In general, such providers play a key role in the content organisation, including by automated means or algorithms, but do not exercise editorial responsibility over the content to which they provide access. However, in the increasingly convergent media environment, some providers of video-sharing platforms or very large online platforms have started to exercise editorial control over a section or sections of their services. Therefore, when exercising editorial control, such an entity could be qualified both as a video-sharing platform provider or a very large online platform provider and as a media service provider.
Amendment 198 #
2022/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union. Therefore, given the importance and the extensive nature of the new tasks conferred by this Regulation to these authorities, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the national regulatory authorities should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The national regulatory authorities should also have full autonomy and decision-making control in terms of management of internal structure, organization, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, national regulatory authorities should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the national regulatory authorities should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
Amendment 203 #
2022/0277(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) (22a) In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
Amendment 206 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and, on a case by case bsis, external experts to attend its meetings. The Board, in consultation with the Commission, should have the possibility to designate permanent observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or to invite ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 215 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement withits own initiative or upon the Commission's or upon its request in the cases envisaged by this Regulation. In order to effectively and independentally fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commissionn independent secretariat. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 218 #
2022/0277(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To ensure theAware of these challenges, the European Regulators’ Group for Audiovisual Media Services adopted in 2020 a Memorandum of Understanding, a voluntary framework for cooperation to strengthen cross-border enforcement of media rules on audiovisual media services and video-sharing platforms. Building on this voluntary framework, in order to ensure the comprehensive and effective enforcement of Union media law, to prevent the possible circumvention of the applicable media rules by rogue media service providers and to avoid the raising of additional barriers in the internal market for media services, it is essential to provide for a clear, legally binding framework for national regulatory authorities or bodies to cooperate effectively and efficiently.
Amendment 220 #
2022/0277(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Due to the pan-European nature of video-sharing platforms, national regulatory authorities or bodies need to have a dedicated tool to protect viewers of video-sharing platform services from certain illegal and harmful content, including commercial communications. In particular, and without prejudice to the country-of-origin principle, a mechanism is needed to allow any relevant national regulatory authority or body to request its peers to take necessary and proportionate actions to ensure enforcement of obligations under this Article by video- sharing platform providers. In case the use of such mechanism does not lead to an amicable solution, the freedom to provide information society services from another Member State can only be restricted if the conditions set out in Article 3 of Directive 2000/31/EC of the European Parliament and of the Council53are met and following the procedure set out therein. _________________ 53 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1-16).
Amendment 232 #
2022/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) RNational regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside of the EU but under jurisidiction of an EU Member State based on the Directive 2010/13/EU satellite criteria or established in the EU), irrespective of the means of distribution or access that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence. In this regard, the coordinperation betweenamong national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 235 #
2022/0277(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 239 #
2022/0277(COD)
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is stricly necessary and therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
Amendment 240 #
2022/0277(COD)
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the media service providers established or originating from outside the Union. Such a list would help national regulatory authorities or bodies in situations when a relevant media service provider seeks jurisdiction in a Member State, or when a media service provider already under the jurisdiction of a Member State, appears to pose serious and grave risks to national security and defence. The criteria should inter alia cover content, ownership, financing structures, editorial independence from third countries or adherence to a co-regulatory or self- regulatory mechanism governing editorial standards in one or more Member States. These criteria should allow relevant authorities or bodies to identify, and if needed prevent, the entry into the EU market, of media service providers which present a serious and grave risk of prejudice to public security and defence or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offence.
Amendment 313 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, through information, analysis, comment, opinion, education, culture, art and entertainment in text, audio, visual, audiovisual or other form and with applications which are designed to facilitate interactive mass communication (for example social networks) or other content-based large-scale interactive experiences under the editorial responsibility of an editor, non- commercial media service provider included;
Amendment 316 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised; this includes any professional journalist, independent of his/her employment contract;
Amendment 322 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘editorial decision’ means a decision taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider;
Amendment 323 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or the content of press publications and over their organisation of programmes or such content, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 326 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) online platform means a hosting service, as defined in Article 3 (i) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Amendment 329 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9b) online search engine, means a service as defined in Article 3 (j) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Amendment 331 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) provider of a very large online search engine means a provider of an online search engine as defined in ARticle 33 (4) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Amendment 345 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elementurveillance technologies’ means any electronic, mechanical, or other surveillance methos or devices that enables the covert surveillance of natural or legal persgathering of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devices,of any information and communication technology without the natural or legal person concerned being made aware in a specific manner and having given their express, free, specific and informed consent in that regard;
Amendment 350 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 364 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 365 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
2. The general public has the right to receive accurate information provided in a professional and objective way.
Amendment 366 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
Amendment 368 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall respect effective editorial freedom of media service providers. Member States, including their national regulatory authorities and bodies, and uphold their obligations under the Treaties including the Charter of Fundamental Rights. Member States, including their national regulatory authorities and bodies, shall not interfere in or try to influence in any way, directly or indirectly, editorial policies and decisions by media service providers; 2 a new: Member States shall respect the confidentiality of sources and shall not:
Amendment 373 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 377 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) (a) (new) oblige media service providers, their employees, and journalists to disclose information related to the editorial processing or dissemination of this information, including on their sources;
Amendment 379 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 390 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 404 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Media service providers cannot be censured by Member States, large and very large online platforms or online search engines.
Amendment 406 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice andMember States shall ensure that media service providers or, inf addition to thepplicable, their family members, or their employees or their family members have a right to an effective judicial protection guaranteed to each natural and legal person,remedy in cases regarding breaches of paragraph 2a. Member States shall designateentrust an independent authority or body to handle complaints lodged bywith relevant expertise to assist media service providers or, if applicable, their family members, or their employees or their family members, regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c)in such cases.
Amendment 450 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Duties of media service providers providing news and current affairs content
Amendment 451 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services the following information:
Amendment 456 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) their legal name and, contact details and registration numbers;
Amendment 461 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) and contact details of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making;
Amendment 468 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) (d) whether and if so to what extent their direct or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body;
Amendment 473 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
Amendment 475 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) (f) the interests, links or activities of their owners and their family members in other media or non-media businesses;
Amendment 479 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) (g) any other interests that could influence their strategic decision-making or their editorial line.
Amendment 485 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Media service providers shall update the information made available according to paragraph 1 within 30 days of any change to their ownership or control arrangements.
Amendment 487 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish national databases of media ownership.
Amendment 488 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Media service providers shall submit the information made publicly available according to paragraph 1 to the national databases of media ownership established according to paragraph 3 within 30 days of any change to their ownership or control arrangements.
Amendment 490 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall submit data provided according to paragraph 4 to the European Database of Media Ownership.
Amendment 491 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
1e. National regulatory authorities or bodies shall monitor and produce yearly reports regarding the ownership in media markets within their Member State.
Amendment 496 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions within the framework of the editorial line of the media company. In particular, such measures shall aim to:
Amendment 504 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that editorsjournalista and editors in chief are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 509 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs contenttheir services.
Amendment 516 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 529 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodies have adequatproportionate and sustainable financial, human and technical resources tohat correspond to the additional tasks carryied out their tasks under this Regulation and enforceable ways that guarantee their full independence. The organisational and functional autonomy of the national regulatory authorities or bodies shall be guaranteed.
Amendment 536 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. 3a. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
Amendment 550 #
2022/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission, pursuant to article 17 of the Treaty on European Union, or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 555 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
Amendment 559 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members.The Board shall also elect a Steering Group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the Steering Group shall be elected by a two-thirds majority of ithe Board’s members with voting rights.. The term of office of the Chair shall be two yearsone year renewable once. The Board’s Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group.
Amendment 563 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in allthe activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultseek the view of the Commission in preparation of its work programme and main deliverables. The Board may seek the views of other interested parties.
Amendment 569 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. 6a. The Board, in agreementconsultation with the Commission, may invite experts and observerdesignate permanent observers from amongst national regulatory authorities with competence in the media field, coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights. The Board, on a case-by-case basis may invite experts to attend its meetings.
Amendment 582 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreementconsultation with the Commission.
Amendment 591 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an independent secretariat of European experts selected through an open and transparent call.
Amendment 597 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. 3. The main task of the secretariat shall be to contribute to the execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU.
Amendment 606 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on the Board’s own initiative or where requested by ithe Commission, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 621 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 626 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – point i
Article 12 – paragraph 1 – point e – point i
(i) requests for cooperation and(exchange of information and/or mutual assistance) between national regulatory authorities or bodies, in accordance with Article 13(7) of this Regulation;
Amendment 630 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
Amendment 659 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) (n) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
Amendment 677 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A national regulatory authority or body may request (‘requesting authority’) cooperation (exchange of information and /or mutual assistance) at any time from one or more national regulatory authorities or bodies (‘requested authorities’) for the purposes of exchange of information or taking measures relevant for the consistent and effective application of this Regulation or the national measures implementing Directive 2010/13/EU.
Amendment 680 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for cooperation Exchange of information / or mutual assistance), including accelerated cooperation or mutual assistance, shall contain all the necessary information, including the purpose of and reasons for it, as specified in the Board's Rules of Procedure.
Amendment 683 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
Amendment 687 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Boards’ rules of procedure from the receipt of that referral, the Board shall issue, in agreementconsultation with the Commission, where deemed relevant, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 691 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Boards’ rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken..
Amendment 695 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action, pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
Amendment 698 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreementconsultation with the Commission, where deemed relevant without undue delay.
Amendment 704 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum time period to be defined in the Board’s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
Amendment 712 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission, assisted by the Board, may issue an opinion on any matter related to the application of Chapter III of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
Amendment 717 #
2022/0277(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating outside the Union
Amendment 719 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shallWithout prejudice to Article 3 of Directive 2010/13/EU, the Board shall upon request of the national regulatory authorities from at least two Member States, coordinate relevant measures by the national regulatory authorities orand bodies concerned related to the dissemination of or access to media services provided by media service providers established outside the Union that targetoriginating from outside the Union or provided by media service providers established outside the Union that irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the nature of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence.
Amendment 728 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreementconsultation with the Commission, may issue opinions on appropriate national measures under paragraph 1. AWithout prejudice to their powers under national law, all competent national authorities concerned, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
Amendment 734 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The Board, in consultation with the Commission, shall establish a list of criteria to be taken into consideration when exercising their regulatory powers over media services providers referred to in paragraph 1.
Amendment 811 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Without prejudice and in addition to its right to effective judicial protection, aAny media service provider subject to an regulatory or administrative or regulatory measure referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal against that measure to an appellate body. That body, which may be a court, shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise to enable it to carry out its functions effectively.
Amendment 819 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 945 #
2022/0277(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. The Regulation shall apply from [12 months after the entry into force]. However, Articles 7 to 12 and 27 shall apply from [5 months after the entry into force] and Article 19(2) shall apply from [48 months after the entry into force].
Amendment 279 #
2022/0155(COD)
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal (COM(2022)0209).
Amendment 499 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
Article 1 – paragraph 1 – subparagraph 2 – point b
(b) obligations on providers of hosting services and providers of interpersonal communication services to detect and report online child sexual abuse where there is reasonable cause to suspect such illegal behaviour;
Amendment 540 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. To ensure fundamental rights laid down in the European Union's, the Council of Europe's and the United Nation's human rights charters, core fundaments of our democratic society and the rule of law - citizens' right to privacy and private correspondence must be upheld. Therefore, detection orders can only be issued towards persons suspected of criminal activity. There shall be no general monitoring of ordinary law- abiding citizens and users of interpersonal communication services private messages.
Amendment 575 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
Amendment 672 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii
Article 3 – paragraph 2 – point e – point iii
Amendment 802 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 851 #
2022/0155(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 854 #
2022/0155(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 877 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Encrypted services and metadata processing 1. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption.
Amendment 878 #
2022/0155(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article6b Software application stores 1.Providers of software application stores shall: (a) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;
Amendment 880 #
Amendment 885 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 891 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of thata court of law of a Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific servicewhere there is probable cause to suspect illegal activity.
Amendment 899 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 906 #
Amendment 912 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a
Article 7 – paragraph 3 – subparagraph 1 – point a
(a) establish a draft request for the issuance of a detection order, specifying targeted suspects and or activities, the main elements of the content of the detection order it intends to request and the reasons for requesting it;
Amendment 922 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
Amendment 927 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
Article 7 – paragraph 3 – subparagraph 2 – point a
Amendment 931 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b
Article 7 – paragraph 3 – subparagraph 2 – point b
Amendment 936 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c
Article 7 – paragraph 3 – subparagraph 2 – point c
Amendment 940 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d
Article 7 – paragraph 3 – subparagraph 2 – point d
Amendment 943 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Amendment 946 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial authority or independent administrative authoritya court of law. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.
Amendment 948 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 949 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 956 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
Amendment 961 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
(a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;
Amendment 963 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b
Article 7 – paragraph 4 – subparagraph 1 – point b
Amendment 976 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 978 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a
Article 7 – paragraph 4 – subparagraph 2 – point a
Amendment 980 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b
Article 7 – paragraph 4 – subparagraph 2 – point b
Amendment 983 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c
Article 7 – paragraph 4 – subparagraph 2 – point c
Amendment 985 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d
Article 7 – paragraph 4 – subparagraph 2 – point d
Amendment 989 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3
Article 7 – paragraph 4 – subparagraph 3
Amendment 992 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 998 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
Amendment 999 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 1005 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1006 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 1011 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1
Article 7 – paragraph 7 – subparagraph 1
Amendment 1015 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 1021 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authoritya court of law when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.
Amendment 1034 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
Amendment 1036 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
Amendment 1053 #
Amendment 1057 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1058 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authorityA court of law shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:
Amendment 1075 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
Article 8 – paragraph 1 – point e a (new)
(ea) the person or group of persons covered by the detection order and specifics of the suspicion of illegal activities;
Amendment 1085 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1086 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authorityurt of law issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 1092 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1095 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1098 #
Amendment 1103 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 1108 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 1109 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
When the detection order becomes final, the competent judicial authority or independent administrative authorityurt of law that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 1113 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1119 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1125 #
Amendment 1127 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 1134 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 1141 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 1157 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
Article 10 – paragraph 3 – point d a (new)
(da) (e) focused on communications where there is an established suspicion of illegal activity and the technologies shall not lead to general monitoring of private communications;
Amendment 1166 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 1167 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 1191 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 1200 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 1205 #
2022/0155(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 1251 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 1300 #
Amendment 1301 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 1302 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 1303 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1304 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 1305 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 1306 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 1307 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
Amendment 1309 #
Amendment 1313 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 1315 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 1316 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 1317 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 1318 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 1319 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 1322 #
Amendment 1499 #
2022/0155(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2 a (new)
Article 37 – paragraph 1 – subparagraph 2 a (new)
No action shall be taken without a decision from a court of law in the Member State where the provider of the relevant information is located;
Amendment 1527 #
2022/0155(COD)
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV EUJOINT CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE
Amendment 1529 #
2022/0155(COD)
Proposal for a regulation
Article 40 – title
Article 40 – title
Establishment and scope of action of the EUJoint Centre
Amendment 1530 #
2022/0155(COD)
1. A European Unionn intergovernmental Agency to prevent and combat child sexual abuse, the EUJoint Centre on Child Sexual Abuse, is established.
Amendment 1533 #
2022/0155(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. Its remit and powers shall not be expanded without prior evaluation and unanimous decision by Member States.
Amendment 1534 #
2022/0155(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EUJoint Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
Amendment 1537 #
2022/0155(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. The EUJoint Centre shall be a body of the Unionn intergovernmental body with legal personality in a Member State.
Amendment 1538 #
2022/0155(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. In each of the Member States the EU Centre shall enjoy the most extensive legal capacfully comply wityh accorded to legal persons under their laws. It may, in particularnd respect their laws. It may, with the consent of the Member State concerned, acquire and dispose of movable and immovable property and be party to legal proceedings.
Amendment 59 #
2022/0131(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment relationships between third- country workers and employers. Where a Member State’s national law allows admission of third-country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such agencies should not be excluded from the scope of this Directive. All third-country workers who have been admitted to the territory of a Member State to work on a seasonal basis should not be covered by this Directive.
Amendment 89 #
2022/0131(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Union law does not limit the power of the Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, nor the right of the Member States to organise their social security schemes. It is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law. If important aspects of the social security system of a Member State, including its scope, cost or financial structure, were affected by this Directive, the interests of that Member State would prevail.
Amendment 91 #
2022/0131(COD)
Proposal for a directive
Recital 31
Recital 31
(31) To reinforce the equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this Directive, in particular with regard to working conditions, freedom of association and affiliation and access to social security benefits. Despite the reinforcement of equal treatment of third-country workers, this Directive should not grant rights in relation to family members residing in a third country, other than those who join third-country workers to reside in a Member State on the basis of family reunification or family members who already reside legally in that Member State.
Amendment 95 #
2022/0131(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the proper enforcement of this Directive, Member States should ensure that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections are carried out on their respective territories. The selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.
Amendment 101 #
2022/0131(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Member States should also put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, or competent authorities. That is considered necessary to address situations where third- country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences. Such mechanisms will respect the principle of equality vis-à-vis the nationals of the respective Member State.
Amendment 120 #
2022/0131(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘employer’ means any natural person or any legal entity, including temporary work agencies, for orand under the direction and/or supervision of whom the employment is undertaken;
Amendment 145 #
2022/0131(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to the complexity of the examination of the application. In particular, for the case of workers who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State or who have applied for protection in accordance with national law, international obligations or the practice of a Member State and whose application has not been the subject of a final decision, the Member State is entitled to extend the time limit.
Amendment 233 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 2 – point b – paragraph 1
Article 12 – paragraph 2 – point b – paragraph 1
(b) by limiting the rights conferred on third- country workers under paragraph 1, point (e), but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed. Such minimum period can be extended if the Member State justifies that important aspects of its social security system, including its scope, cost or financial structure, are affected by this Directive.
Amendment 235 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 2 – point b – paragraph 2
Article 12 – paragraph 2 – point b – paragraph 2
In addition, Member States may decide that paragraph 1, point (e), with regard to family benefits shall not apply to third- country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study. Such period can be extended if the Member State justifies such an extension on the basis that important aspects of its social security system, including its scope, cost or financial structure, are affected by this Directive.
Amendment 241 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Third-country workers moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country. Member States may restrict these rights for workers having been employed for a shorter period than what is established under paragraph 2.b above.
Amendment 273 #
2022/0131(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Where the employer is a subcontractor, it will be subject to the penalties referred to in Article 13 in place of any other party.
Amendment 32 #
2022/0117(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (“Strategic lawsuits against public participation”)
Amendment 42 #
2022/0117(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 44 #
2022/0117(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) In a free and democratic society the judicial system has a duty to keep a balance between competing human rights such as the freedom of expression and information, on one side, and the right to protect one's reputation, private and family life, on the other side;
Amendment 45 #
2022/0117(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Transparency and objectivity of media platforms are critical to fight disinformation and misinformation as well as foreign political interference and manipulation; whereas journalists have to present the facts accurately and objectively, clearly distinguishing between facts and opinions, as well as properly quoting a source or referring to it;
Amendment 46 #
2022/0117(COD)
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) Disinformation is a threat to the democratic process, but, at the same time, combating misinformation and disinformation cannot be used as a pretext to censor or restrict media freedom or freedom of expression;
Amendment 47 #
2022/0117(COD)
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) Errors might occur during reporting the facts or information; whereas, in such cases, the journalists, publishers, media hubs, platforms etc. should, at the request of an interested party or at their own initiative, correct the record in order to accurately report or state the fact or the information; whereas such option would avoid unnecessary and costly litigations for all parties;
Amendment 49 #
2022/0117(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to adopt measures relating to judicial cooperation in civil matters having cross- border implications as to eliminate the obstacles to the proper functioning of civil proceedings in order to provide protection to natural and legal persons who engage in public participation on matters of public interest, in particular journalists and human rights defenders, against court proceedings, which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 60 #
2022/0117(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Hre individuals, groups and organizations in civil society that promote and protect universally recognised human rights and fundamental freedoms. As such, human rights defenders arefer to individuals or organisations engaged in defending fundamental rights and a variety of other rights, such as environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection committed to promoting and safeguarding civil, political, economic, social, cultural and environmental rights and to fighting against direct or indirect discrimination as listed in Article 21 of the Charter.
Amendment 91 #
2022/0117(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) A manifestly unfounded claim may be understood as a claim which is so obviously unfounded that there is no scope for any reasonable doubt. This needs to be assessed on a case-by-case basis in relation to each specific claim, in a court of law by an independent judge.
Amendment 94 #
2022/0117(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should apply to any type of legal claim or action of a civil or commercial nature with cross-border implications as regards civil proceedings whatever the nature of the court or tribunal. This includes civil claims brought in criminal proceedings. It also includes interim and precautionary measures, counteractions or other particular type of remedies available under other instruments, excluding any type of criminal proceedings.
Amendment 112 #
2022/0117(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shoppingrepresenting the harmful exercise of the right to access justice1a. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats. __________________ 1a ECHR definition on abuse of rights. https://www.echr.coe.int/Documents/Guid e_Art_17_ENG.pdf
Amendment 116 #
2022/0117(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and if applicable damages, a request for an early dismissal of manifestly unfounded court proceedinglaims, a request for remedies against abusive court proceedings (award of costs, compensation of damages and penalties), or some or all of them at the same time. Such procedural safeguards should be carefully taken into consideration in line with the right to an effective remedy and to a fair trial, as set out in Article 47 of the Charter. The court should always have discretion in individual cases to thoroughly review the matter at hand thereby allowing, if the national law permits, for speedy dismissal of manifestly unfounded claims without restriction of the effective access to justice.
Amendment 122 #
2022/0117(COD)
Proposal for a directive
Recital 26
Recital 26
(26) To provide the defendant with an additional safeguard, there should be a possibility to grant him or her a security to cover procedural costs and/or damages, when the court considers that even if the claim is not manifestly unfounded, there are elements indicating an abuse of procedure and the prospects for success in the main proceedings are lowensuring the balance is kept between that measure and the claimant's right of access to justice. A security does not entail a judgement on the merits but serves as a precautionary measure ensuring the effects of a final decision finding an abuse of procedure. It should be for Member States to decide whether a security should be ordered by the court on its own motion or upon request by the defendant.
Amendment 127 #
2022/0117(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 131 #
2022/0117(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) A court decision regarding early dismissal should be subject to appeal and recourse in accordance to national law.
Amendment 133 #
2022/0117(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Costs should include all types of costs of the proceedings available in the national law, including the full costs of legal representation incurred by the defendant unless such costs are excessive. Costs of legal representation exceeding amounts laid down in statutory fee tables should not be considered as excessive per se. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harmThe court should render the decisions on costs in accordance with national law.
Amendment 136 #
2022/0117(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The main objective of giving courts or tribunals the possibility to impose penalties is to deter potential claimants from initiating abusive court proceedings against public participation. Such penalties should be proportionate to the elements of abuse identified. When establishing amounts for penalties, courts should take into account the potential for a harmful or chilling effect of the proceedings on public participation, including as related to the nature of the claim, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant. The Member States should decide how these penalties should be paid.
Amendment 149 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded claims or abusive court proceedings in civil matters with cross- border implications brought against natural and legal persons, in particular journalists and human rights defenders, on account of their engagement in public participation. This Directive shall not apply to criminal matters or arbitration and shall be without prejudice to criminal procedure law.
Amendment 152 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive lays down minimum rules, thus enabling the Member States to adopt or maintain provisions more favourable to persons engaged in the public participation, including national provisions establishing more effective procedural safeguards relating to freedom of expression and information.
Amendment 163 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) fundamental rights, public health, safety, the environment, climate or enjoyment of fundamental rights;
Amendment 164 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point b
Article 3 – paragraph 1 – point 2 – point b
(b) activities of a public person or entity in the public eye or of public interest;
Amendment 166 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) matters under public consideration or review by a legislative, executive, or judicial body, or any other public official proceedings;
Amendment 170 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud or other criminality offences;
Amendment 176 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedings against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be: by initiating court proceedings which represent the harmful exercise of the right to access of justice in a manner that is manifestly inconsistent with or contrary to the purpose for which such right is granted. Indications of such a purpose can be2a: __________________ 2a ECHR interpretation of the notion of abuse of rights: https://www.echr.coe.int/Documents/Guid e_Art_17_ENG.pdf
Amendment 184 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
Amendment 195 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that when court proceedings are brought against natural or legal persons on account of their engagement in public participation, those persons can apply, in accordance with national law, for:
Amendment 197 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingslaims, in accordance with national law, as provided in Chapter III;
Amendment 201 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 210 #
2022/0117(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisations safeguarding or promoting the rights of persons engaging in public participation may take part in those proceedings, either in support of the defendant or tocould, in accordance with national law, support the defendant in the proceedings or provide information.
Amendment 216 #
2022/0117(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 220 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empowerallow courts and tribunals to adopt an early decision to, in accordance with national law, to asses a request for an early dismissal, in full or in part, of court proceedings against public participationclaims as manifestly unfounded.
Amendment 222 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 224 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that an application for early dismissal is treated in an accelerated procedure manner if national law allows for it, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.
Amendment 225 #
2022/0117(COD)
Proposal for a directive
Article 10
Article 10
Amendment 226 #
2022/0117(COD)
Proposal for a directive
Article 11
Article 11
Amendment 227 #
2022/0117(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that an application for early dismissal is treated in an accelerated procedure, in accordance with national law, taking into account the circumstances and the merits of the case and the right to an effective remedy and the right to a fair trial.
Amendment 228 #
2022/0117(COD)
Proposal for a directive
Article 12
Article 12
Amendment 233 #
2022/0117(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that a decision refuslating tor granting early dismissal pursuant to Article 9 is subject to an appeal and recourse.
Amendment 8 #
Amendment 1 #
Amendment 1 #
2021/2186(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses concern about the number of petitions setting out cases of discrimination; in this context, stresses that discrimination remains one of the most serious and unacceptable threats to fundamental rights and that it has no place in any aspect of life; regrets the fact that the proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) (the ‘horizontal Anti-Discrimination Directive’) remains blocked in the Council, and calls on the Commission to propose new anti-discrimination legislation; calls, therefore, on the Member States to effectively tackle every alleged case of discrimination and to deal with it in accordance with EU and national law;
Amendment 1 #
Amendment 5 #
2021/2186(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to Article 3, 6, 7, 8, 11, 15 and 45 of the Charter of Fundamental Rights of the European Union,
Amendment 10 #
2021/2186(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the European Convention on Human Rights (ECHR),
Amendment 11 #
2021/2186(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Universal Declaration of Human Rights,
Amendment 15 #
2021/2186(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID- 19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic,
Amendment 18 #
2021/2186(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
Amendment 19 #
2021/2186(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that LGBTI people face some of the biggestminorities face a challenges as far as fundamental rights are concerned, and, in particular, the right to non-discrimination; stresses that the right of a person to self- determination of their sex, sexual orientation or gender identity is inviolable; highlights that in spite of the progress made in recent years with regard to LGBTI acceptance, the situation of LGBTI people in the EU remains critical, as they continue to be the targets of discrimination;
Amendment 28 #
2021/2186(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission, in the light of the increase in the number of cases of discrimination on various grounds, in particular of a person’s sex, sexual orientation and gender identity, to ensure that the Charter is upheld and adhered to, using all legal instruments provided for; calls on the Commission and the Fundamental Rights Agency to work together to raise awareness about the problem, in order to guarantee equality for all EU citizens;
Amendment 29 #
2021/2186(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 34 #
2021/2186(INI)
4 b. Notes with concern the increasing attacks on Christian churches and synagogues in EU Member States; calls on the Member States to take the necessary legal and practical measures to prevent and stop such attacks;
Amendment 37 #
2021/2186(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the importance of the child’s best interests in cross-border family litigation; emphasises that, when considering child's best interests, one of the guiding principles must be the importance of family integrity and preference for avoiding removal of the child from his/her family; emphasises the importance of close cooperation and efficient communication between the different national and local authorities involved in child custody proceedings; calls on the Member States to introduce non- discriminatory monitoring and evaluation systems for child-related cases, which ensure full respect for the fundamental rights of the child, particularly the principle of the best interests of the child; calls on the Member States to respect the right of children to see their parents in spite of the restrictive measures linked to the pandemic, as long as this does not endanger the children’s safety and health;
Amendment 42 #
2021/2186(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the years 2020 and 2021 saw the most draconian loss of fundamental rights in the history of the EU as a result of the COVID-19 pandemic, whereby citizens were forced to stay at home, close businesses, remain distant from friends and family, maintain physical distance and go untreated for ‘non-urgent’ medical issues, were prevented from attending places of worship and from travelling within and outside the EU, and were forced to show a historically worrisome ' health' pass to enter premises or vehicles; whereas in times of crisis, respect for fundamental rights is even more essential than in normal times and must therefore be the subject of increased vigilance;
Amendment 45 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas as enshrined in Article 2 TEU, the Union is founded on the values of respect for human dignity, freedom, democracy, the rule of law and respect for human rights, values which must be upheld by the EU and by each individual Member State;
Amendment 53 #
2021/2186(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas equality before the law and non-discrimination are enshrined in Article 20 and Article 21 of the Charter;
Amendment 59 #
2021/2186(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that the measures related to the COVID-19 pandemic adopted by many of the Member States have interfered withviolated the rights and freedoms guaranteed by the Union’s legal order, such as the freedom of movement of persons, including travelling within the EU and within countries, the freedom of expression and information, and the right to privacy and data protection, especially in relation to public health and measures taken in order to safeguard it; stresses that the measures taken to contain the pandemic must be in accordance with the rules and principles of the Charter;
Amendment 60 #
2021/2186(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the rule of law is one of the common values on which the EU is founded;
Amendment 61 #
2021/2186(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the limits of Union competences are governed by the principle of conferral, which in consequence means that competences not conferred upon the Union by the Treaties remain competences of the Member States;
Amendment 62 #
2021/2186(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 63 #
2021/2186(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the situation of fundamental rights in the European Union in 2020 and 2021 have been undermined since the introduction of the European Digital COVID Certificate (EUDCC), which was introduced to facilitate safe cross-border movement during the Covid-19 pandemic, but in reality has been a limitation to free movement of European citizens;
Amendment 68 #
2021/2186(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights that, even though the Regulation 2021/953 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) was intended only to "facilitate freedom of movement" during the COVID-19 pandemic1a, in practice it was used to condition people's fundamental rights like the right to work, the right to travel, the right to healthcare and the right to freely express their religious beliefs; calls on the EU Member States to stop conditioning the exercise of people's rights based on this certificate; _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32021 R0953
Amendment 72 #
2021/2186(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes with regret the high number of petitions concerning emergency quarantine measures that have been adopted by several Member States as a result of the pandemic and which may have restricted citizens’ rights and freedoms, such as the freedom of expression and information, the freedom of assembly and of association, and the freedom of movement and of residence; calls, therefore, on the Commission and the Member States to effectively tackle COVID-19-related discrimination, hate speech and racism against ethnic minority groups, migrants and refugees, or people with a migrant background;
Amendment 74 #
2021/2186(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 75 #
2021/2186(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Highlights that the close of educational facilities in all Member States has led to an unprecedented shift to online learning, even though the educational systems lacked the digital infrastructure, less than 40% of educators being ready to use digital technologies in teaching 1c and many low-income homes having no access to computers; calls the Member States to respect the right to education and to not discriminate children from low-income homes; _________________ 1c OECD (2019), TALIS 2018 results, OECD Publishing, Paris. The main survey (International Standard Classification of Education level 2) was conducted in 31 OECD countries, including 22 EU Member States (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Hungary, Italy, Latvia, Lithuania, Malta, the Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden).
Amendment 76 #
2021/2186(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Emphasises that the restrictive measures in the EU Member States also affected the courts activities and the judicial system, which has violated people's right to access to justice, defense and due process;
Amendment 77 #
2021/2186(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
Amendment 90 #
2021/2186(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the return of migrants whose asylum application has been rejected is an essential part of a successful migration and asylum policy and in line with international and EU law;
Amendment 93 #
2021/2186(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the introduction of the EUDCC for every citizen of the EU flouts the principle of non-discrimination (guaranteed by Article 21 of the Charter of Fundamental Rights of the EU) as it provides for a different treatment between vaccinated and unvaccinated persons, in the absence of any valid scientific basis;
Amendment 94 #
2021/2186(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the (indirect) obligation to vaccinate has 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 95 #
2021/2186(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas Member States have used the EUDCC for purposes other than cross-border travel, extending the use of so called vaccine passports to allow for entry into non-essential locations as bars and restaurants;
Amendment 97 #
2021/2186(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas Regulation 2021/953 does not guarantee for the protection of data privacy;
Amendment 98 #
2021/2186(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas there has been a deterioration of the freedom of expression and the freedom of speech, illustrated by the countless twitter bans and other social media account suspensions and censorships of people exercising their rights;
Amendment 99 #
2021/2186(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas on 15 March 2022, the European Court of Human Rights ruled in its judgement in case 21881/20, that the ban on public demonstrations during the first wave of COVID-19 of the Swiss government was disproportionate and a violation of the right to freedom of assembly;
Amendment 105 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is deeply concerned about the deterioration of fundamental rights in the EU in 2020 and 2021;
Amendment 155 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Council, the Commission and the Member States to revoke the EUDCC and any other national equivalent of the digital passport, as it infringes on the right of equal treatment, and has resulted in discrimination against those who do not wish to be vaccinated or tested;
Amendment 160 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that the collection and processing of personal data for the purposes of behavioural manipulation have an increasing impact on the fundamental rights of citizens in the EU, particularly the rights to privacy, data protection and information; urges competent authorities to ensure the full application of EU data protection law and privacy law, and to ensure that individuals understand when and how their personal data is processed and for what purposes, and how they can object to data processing and file complaints, in order to protect their right to personal data protection and privacy;
Amendment 173 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to protect and develop an independent, pluralist and free media sector; condemns in this regard any measures aimed at silencing critical media and undermining media freedom; expresses concern about the creation of government-controlled bodies which manage large parts of a country’s media landscape and the hijacking of public service media outlets to serve partisan interests; recalls that where media ownership remains highly concentrated, whether in government or private hands, it constitutes a significant risk to the diversity of information represented in media content; recalls that freedom of information, and media freedom are fundamental to democracy and the rule of law and urges Member States to guarantee the independence of their media authorities;
Amendment 180 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls the fundamental role of investigative journalism in acting as a watchdog in a democratic society; condemns the persistence and increase in many Member States of threats and intimidation against journalists, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 184 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Expresses its concern about the threat that different forms of propaganda and misinformation pose to freedom of speech and expression and to the independence of the media, and the negative effects they might have on the quality of political debate and on the participation of citizens in democratic societies;
Amendment 231 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that all Member States must fully comply with the Charter in their legislative practices and must fully respect the rule of law and the principle of the separation of powers;
Amendment 237 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Council, the Commission, the European Parliament, and the governments and parliaments of the Member States to protect and uphold the rule of law and the fundamental values of the Union, including fundamental rights and democracy for the upcoming years and to learn from the mistakes made in 2020 and 2021;
Amendment 239 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes that the EU has acted ultra vires in adopting the rule of law conditionality regulation, in that it has gone beyond the powers conferred upon it by the Member States; further considers that the rule of law conditionality regulation violates the unanimity principle set out in Article 7 TEU and therefore constitutes a breach of EU law;
Amendment 264 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that law enforcement officials must respect and protect human dignity and maintain and uphold the human rights of all persons while performing their duty; stresses that the foremost task of police forces is to ensure the safety of citizens, and to ensure protests are conducted in a peaceful manner; condemns the use of violent and disproportionate interventions by law enforcement authorities during peaceful demonstrations over COVID-19 measures and government overreach in Member States as Austria, Belgium, Germany and the Netherlands;
Amendment 267 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Strongly condemns the increasing restrictions on freedom of assembly, including during the COVID-19 period; calls on Member States to refrain from adopting restrictive laws concerning freedom of assembly and encourages the EU and its Member States to take further steps to safeguard and protect freedom of assembly, as a fundamental right and as basic principles of democratic processes;
Amendment 299 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expresses its deep concern at the increasing forms of intimidation and political pressure exerted upon scientists, elected officials and activists engaged in exposing the disinformation spread by the EU institutions and the national governments regarding COVID-19;
Amendment 302 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Deplores the fact that the fight against disinformation has been abused, as so often in the past, to try to suppress dissident opinions which have, in fact, turned out to be useful in helping the public better to understand the COVID-19 situation; emphasises that the right to freedom of expression and opinion does not permit censorship on the basis of allegations that an opinion is false;
Amendment 303 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Emphasises the important role of whistle-blowers in safeguarding the public interest and in promoting a culture of public accountability and integrity in both public and private institutions;
Amendment 336 #
2021/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Strongly condemns NGOs masquerading as aid agencies while facilitating the smuggling of unqualified migrants into the EU; urges the Commission to cease funding such entities; calls on the Commission and the Member States to put a halt to "pull" factors of illegal migration;
Amendment 340 #
2021/2186(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to protect the life, health and property of their citizens who are suffering from the consequences of the uncontrolled influx of economic migrants;
Amendment 356 #
2021/2186(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights that the Oviedo Convention on Human Rights and Biomedicine and its Protocols 1d, as well as the Charter of Fundamental Rights of the EU (especially art. 3) guarantee, without discrimination, the respect for bodily integrity of any person, who can receive a medical product only after "the free and informed consent"; notes, with deep concern that, despite such protection in the EU law of the fundamental rights, many EU Members States, with the tacit approval of the European Commission, have imposed sanctions or restrictions to EU citizens who are not vaccinated, like denying them access to employment, certain public places, hotels, restaurants, or fining them, thereby coercing them to be vaccinated against their free will; notes, also, that the European Commission had not published the full version of the contracts signed with the vaccine companies, which violates the right to an "informed consent" of a person; 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 the people to bodily integrity;
Amendment 366 #
2021/2186(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Strongly condemns Austria for being the first and only Member state to have introduced mandatory vaccination for all its citizens as this is a violation of the right to bodily autonomy;
Amendment 367 #
2021/2186(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Condemns the national governments of Austria, Belgium, France, Greece, Italy, Latvia, which have made access to the workplace conditional on the presentation of the EUDCC; condemns in the strongest possible terms all Member States which have introduced mandatory vaccination in the workplace; stresses that these national measures, which are based on the framework of Regulation2021/953, has impeded the right to work for millions of Union citizens; points out that such an infringement is contrary to Article 15, 20 and 21 of the Charter;
Amendment 368 #
2021/2186(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Condemns the government of Latvia for stripping the rights of the unvaccinated members of the national Latvian parliament of their right to vote on legislation and participate in discussions;
Amendment 4 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 15 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Citation 18
Citation 18
Amendment 20 #
2021/2180(INI)
Motion for a resolution
Citation 20
Citation 20
Amendment 26 #
2021/2180(INI)
Motion for a resolution
Citation 24
Citation 24
Amendment 28 #
2021/2180(INI)
Motion for a resolution
Citation 25
Citation 25
Amendment 30 #
2021/2180(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 32 #
2021/2180(INI)
Motion for a resolution
Citation 27
Citation 27
Amendment 36 #
2021/2180(INI)
Motion for a resolution
Citation 29
Citation 29
Amendment 37 #
2021/2180(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 37 #
2021/2180(INI)
Motion for a resolution
Citation 31
Citation 31
Amendment 45 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Recital C
Recital C
Amendment 79 #
2021/2180(INI)
Motion for a resolution
Recital D
Recital D
Amendment 81 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 92 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 151 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 183 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 223 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 328 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
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 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 369 #
2021/2180(INI)
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;
Amendment 17 #
2021/2167(INI)
Motion for a resolution
Recital I
Recital I
I. whereas publicity and transparency are the main principles underlying the EU legislative process, as confirmed by the case law of the CJEU, which provided clear legal guidance on the way to ensure their full and consistent respect; whereas the CJEU stated that the lack of transparency and information weakens citizens’ trust in the legitimacy of the EU legislative process as a whole; whereas, contrary to these principles, the Commission was not transparent in the negotiation, purchase and distribution of COVID-19 vaccines;
Amendment 18 #
2021/2167(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the right to know of the EU citizens and the obligation to full transparency of the EU institutions, especially when it comes to COVID-19 vaccine contracts between the EU institution and the pharmaceutical companies, prevail over any alleged right of the pharmaceutical companies or the EU institution to hide or not to fully disclose any or some information related to these contracts or COVID-19 vaccines;
Amendment 33 #
2021/2167(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Q a. whereas many petitions received by the PETI Committee are related to the lack of transparency of the European Commission and request that full details of the COVID-19 vaccine contracts signed between the Commission, the Member States and the pharmaceutical industry, as well as patient-level clinical trials data will be published;
Amendment 39 #
2021/2167(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Congratulates the Ombudsman for monitoring how the EU’s frontline institutions are carrying out their work during the pandemic and for underlining their obligation for transparency; welcomes the question addressed by the Ombudsman to the Commission about the transparency of the scientific advice it receives, its meetings with interest representatives, and its decisions related to emergency public procurement;
Amendment 48 #
2021/2167(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to publish non-redacted versions of the Advance Purchase Agreements and the Purchase Agreement, as well as to make the disclosure of all details of future COVID-19 vaccine contracts a precondition for any future negotiations with the pharmaceutical companies;
Amendment 51 #
2021/2167(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Encourages the Ombudsman to continue its inquiries and to ask the Commission to publish non-redacted versions of the Advance Purchase Agreements and the Purchase Agreement and to disclose: the advance payments by the Commission, the cost sharing between public and private investments in the vaccines, the prices per dose, the liability and compensation regimes for any harm that might be caused by the vaccines, the sanctions in case of breach of contract;
Amendment 81 #
2021/2167(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Applauds the Ombudsman for opening an own-initiative inquiry into the extraordinary decision-making procedures put in place by the Council of the EU in the context of the COVID-19 crisis;
Amendment 9 #
2021/2166(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the role of the better regulation programme is improving regulatory principles and reducing unnecessary burdens for businesses and citizens; underlines the importance of enabling citizens to fully exercise their democratic right to participate in the EU’s decision-making process and ensuring citizens’ direct participation; underlines that it is essential for the EU to ensure increased transparency at different levels of policy-making, including trilogues; calls on the Commission to continuously improve public consultations in order to ensure citizens’ participation and to take into account feedback from other institutions on such activities; stresses that public consultations on better law-making in the EU should be accessible to citizens and civil society through different outreach channels, should be translated into all official and co-official languages of the Member States, and should have easy-to- access documents;
Amendment 16 #
2021/2166(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that better regulation must be an interinstitutional effort, with Parliament and the Council also sharing responsibility; highlights the fact that the principles of conferral, subsidiarity and proportionality are the guiding principles of the EU when it chooses to act; recalls, in that regard, Article 1 of the Treaty on European Union, which provides that the decisions at EU level shall be taken as openly and closely as possible to the citizens;
Amendment 18 #
2021/2166(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasis that the EU should respect the principles of conferral as well as subsidiarity, and must legislate only on areas clearly established by the treaties; stresses that EU must not interfere with the member states' prerogatives and respect their national sovereignty;
Amendment 33 #
2021/2166(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the Commission, in its efforts to ensure that EU policies draw on a clear understanding of policy areas subject to rapid structural change such as the environment and digitalisation, should make use of the input included in the petitions of citizens and civil society organisations; considers citizens’ participation key in policy areas such as fundamental rights, respect for rule of law, and discrimination against women, migrants and LGTBIQ personsof any kind;
Amendment 41 #
2021/2166(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to seize the opportunity for a revamped and effective better regulation programme to help EU governance adapt to a post- pandemic ‘new normal’,in improveing law- making and be more transparent and responsive to citizens’ concerns;
Amendment 49 #
2021/2166(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the role of specific tools, such as the European Citizens’ Initiative and the European Ombudsman, in improving Commission regulation; recalls that the Conference on the Future of Europeactivity of all EU institutions should be continuously improved in order for the citizens to communicate the real impacts of legislation at national, local and regional level and to make suggestions on how to achieve better law-making; notes that the Commission should develop new tools to give citizens direct access to and involvement in EU policy-making;
Amendment 7 #
2021/2099(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to the results of the Commission’s public consultation on EU citizenship rights 2020, and to the results of the Flash Eurobarometer 485 survey on European Union Citizenship and Democracy published in July 2020, which show that during the COVID-19 pandemic many EU citizens have encountered difficulties in accessing health care support, child care support, information about the border situation, etc,
Amendment 21 #
2021/2099(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 outbreak has brought a number of unprecedented challenges to free movement across the EU, with many Member States violating EU citizens rights conferred by the Treaties, imposing travel restrictions and internal border controls as emergency measures; whereas EU citizens submitted a significant number of petitions raising serious concerns over the impact of national emergency measures on their freedom to travel, work and study abroad, and their ability to build and maintain cross-border family ties;
Amendment 22 #
2021/2099(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 24 #
2021/2099(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. Whereas the Regulation (EU) 2021/953 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) must not be understood as facilitating or encouraging the adoption of restrictions to free movement, or restrictions to other fundamental rights, in response to the COVID-19 pandemic, given their detrimental effects on Union citizens and businesses;1b _________________ 1b https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32021 R0953
Amendment 27 #
2021/2099(INI)
Motion for a resolution
Recital E
Recital E
E. whereas around 50 million people belong to a national minority or a minority language community in the EU; whereas the Commission has taken no legislative steps in response to the European Citizens’ Initiative ‘Minority SafePack – one million signatures for diversity in Europe’, despite the fact that it was largely supported by Parliament;
Amendment 39 #
2021/2099(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the EU has to protect EU citizens residing in the UK, in line with the withdrawal agreement;
Amendment 42 #
2021/2099(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s report entitled ‘EU Citizenship Report 2020 – Empowering citizens and protecting their rights’ and welcomes the Commission’s continued commitment to uphold the rights of EU citizens; regrets the fact that only 2 out of 18 actions proposed by the Commission are legislative in nature; stresses the need for a comprehensive assessment of the rights of EU citizens and for well- defined and concrete commitments, actions and legislative initiatives for the next three years;
Amendment 50 #
2021/2099(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that, while being at the core of the European project, the freedom of movement has been severely affected by the unprecedented health crisis brought by the COVID-19 outbreak and the related national emergency measuresabusive measures taken by governments in the context of the COVID-19 outbreak, including travel restrictions and the reintroduction of internal border controls; reiterates that these measures have had a significant negative impact on private lives, work, families and economic and social conditions as evidenced by a large number of petitions; stresses that all national emergency measures should be proportionate to their initial aim of containing the COVID-19 outbreak; calls on the Commission, in this regard, to continue monitoring COVID-19 measures and their effect on EU citizenship rights; urges the Member States to phase out national emergency measures as soon as they are no longer necessarynd to stop violating citizens fundamental rights;
Amendment 54 #
2021/2099(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Condemns the usage of the Digital COVID Certificate for any other purposes than for what it was intended, respectively to "facilitate the freedom of movement"; calls the Member States to respect the rights of every citizen and not use the Digital COVID Certificate for other purpose than it was intended in the Regulation; call on the European Commission to make sure that this Certificate is not used at the national level for any other purposes than it was intended in the Regulation;
Amendment 58 #
2021/2099(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned by the many obstacles that rainbow families still face when they exercise their right to move to another Member State resulting from differences in national legal rules on the recognition of same-sex couples and of the parent-child relationship; urges the Commission and the Member States to implement the recommendations laid down in its resolution on LGBTIQ rights in the EU, including its call for the Commission to examine whether all Member States comply with the judgment of 5 June 2018 in case C-673/16, Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne17 and to include this judgment in the upcoming revision of the guidelines; _________________ 17 Judgment of the Court of Justice of the European Union of 5 June 2018, Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne, C-673/16, EU:C:2018:385.;
Amendment 77 #
2021/2099(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. WelcomesTakes note of the Commission’s intention, announced in its EU Citizenship Report 2020, to update the directives on the voting rights of mobile EU citizens in municipal and European elections (Council Directives 94/80/EC and 93/109/EC); stresses, in this regard, the urgency of removing all barriers and difficulties which hinder the exercise of voting rights, including by persons with disabilities, increasing and facilitating the provision of information on European elections and voting procedures (possibly through a single EU-wide information platform), and exploring and implementing remote voting options, including electronic voting, in order to increase and facilitate democratic participation;
Amendment 82 #
2021/2099(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls, furthermore, that the electoral rights of EU citizens living abroad is frequently the subject matter of petitions; is concerned that several Member States deprive their citizens of their right to vote in national parliamentary elections once they move to another EU country; believes that the disenfranchisement of EU citizens on the grounds of their residence abroad, along with the non-recognition of their right to vote in national elections in the country of residence, hinders the freedom of movement and results in the denial of the fundamental right to political participation; highlights that several Member States have disenfranchised long-term residents from local and European elections, while others have made political party membership subject to nationality; calls on the Commission to explore legal avenues to make the Member States concerned abolish disenfranchisement rules;
Amendment 87 #
2021/2099(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses the importance of having country-level websites explaining EU citizens their rights and how to get in contact with their European elected officials and monitor their votes and decisions;
Amendment 35 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism, freedom of expression and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive;
Amendment 38 #
2021/2036(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas public participation in the decision making process is fundamental in a democratic society; whereas, in order to have an effective public participation, the people and the NGOs must have access to accurate information from public authorities as well as a wide variety of media sources; whereas this information must be openly, publicly and uncensoredly discussed and debated in order for the public to form an informed opinion;
Amendment 43 #
2021/2036(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas free and independent media is indispensable in a democratic society, as it provides the public with information and acts as a watchdog exposing wrongdoing and inspiring debate;
Amendment 44 #
2021/2036(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. Whereas the right to freedom of expression is a fundamental right that must be exercised with duty and responsibility, taking into consideration the fundamental right of the people to know the truth as well as the respect for the fundamental right to protect one’s reputation and privacy1a; whereas, in case of a conflict between these rights, any party must have access to civil courts in case the situation was not resolved amiably; _________________ 1a According to art. 10 of the European Convention of Human Rights
Amendment 46 #
2021/2036(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
A d. Whereas transparency and objectivity of media platforms are critical to fight disinformation and misinformation as well as foreign political interference and manipulation; whereas journalists have to present the facts accurately and objectively, clearly distinguishing between facts and opinions, as well as properly quoting a source or referring to it;
Amendment 47 #
2021/2036(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
A e. Whereas disinformation is a threat to the democratic process, but, at the same time, combating misinformation and disinformation cannot be used as a pretext to censor or restrict media freedom or freedom of expression;
Amendment 48 #
2021/2036(INI)
Motion for a resolution
Recital A f (new)
Recital A f (new)
A f. Whereas errors might occur during reporting the facts or information; whereas, in such cases, the journalists, publishers, media hubs, platforms etc should, at the request of an interested party or at their own initiative, correct the record in order to accurately report or state the fact or the information; whereas such option would avoid unnecessary and costly litigations for all parties;
Amendment 49 #
2021/2036(INI)
Motion for a resolution
Recital A g (new)
Recital A g (new)
A g. Whereas online platforms like Google, Facebook, Twitter, Youtube and others have censored content and journalists, which influenced negatively the debates on important issues and deprived people of knowing diverse opinions or different facts about important matters;
Amendment 58 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventingharassing the journalist or the media outlet in order to prevent the dissemination of information and ideas as well as reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation;
Amendment 103 #
2021/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information impacting as well media pluralism and diversity;
Amendment 136 #
2021/2036(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 139 #
2021/2036(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Member States to include media literacy and critical thinking in the national curricula and work closely with journalists in this respect, at all levels of society, especially with the young public and those vulnerable to misinformation, disinformation and manipulation; encourages support for hubs of myths debunking and calls on the media platforms to act in this respect.
Amendment 146 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation which relies on a timely and accurately informed public also has an important role to play in the proper functioning of the internal market, as it is often through political discussion and public participation that breaches of Union law, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 155 #
2021/2036(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Draws attention to the fact that media pluralism and diversity is at risk when the very existence of small media providers has been affected by the deliberate threat of disproportionate damages by claimants through libel tourism.
Amendment 167 #
2021/2036(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights that in a democratic society the judicial system has a duty to keep a balance between competing human rights such as the freedom of expression and information, on one side, and the right to protect one's reputation, private and family life, on the other side;
Amendment 170 #
2021/2036(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Points to the wide variety of court practices, defamation and freedom of speech standards and points to the need for an increased predictability of jurisdiction, especially for journalists, academics and the media;
Amendment 184 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights, religion and belief, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 204 #
2021/2036(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the end of censorship by giant online social platforms like Google, Facebook, Twitter, Youtube and others, and stresses the they have to respect the fundamental right of people to know diverse opinions and facts, as well as to express them accordingly;
Amendment 210 #
2021/2036(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Deplores that sometimes journalists are paying with their own lives for the simple fact of doing their jobs and being the watch dogs of our democracies; points to the tragic case of the Dutch investigative journalist Peter R. de Vries who has been shoot in Amsterdam in broad daylight;
Amendment 253 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of cross- border SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actions based on other civil matters or criminal procedures may still be used;
Amendment 269 #
2021/2036(INI)
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society and NGOs in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest; asks the Member States, when acting in this respect, to balance the competing principles of freedom of expression and the right to protect one's reputation and private life by ensuring procedural fairness and enabling equality of arms;
Amendment 312 #
2021/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Declares that the protection of legitimate rights arising from Union law, such as the right to protect one's reputation must be ensured by Member State courts and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits; defends at the same time and without prejudice to such protection, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness;
Amendment 332 #
2021/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Union Strategy to tackle Organised Crime 2021-2025, and calls for efforts to be stepped up efforts in this regard; notes that legislative and soft law measures cannot be effective in Member States where there are concerns about theis a clear evidence showing a lack of independence of the judiciary or the fight against corruption;
Amendment 1 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the high number of petitions received from citizens concerned about the breaches of the rule of law in their respective countries and with the consequences of such breaches on their lives; stresses that full protection of Union citizens’ rights can be ensured throughout the Union only if all Member States comply with all the principles underlying the rule of law, as deficiencies in one Member State have an impact on otherned after a thorough analyses involving all Member States and the Union as a wholeir specificities;
Amendment 2 #
2021/2025(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 6 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, despite repeated requests by Parliament, the Commission’s 2020 Rule of Law Report fails to encompass the areas of democracy and fundamental rights; cCalls on the Commission to ensure equal treatment of all the Union’s founding values in its next report; believes that the Commission must also involve independent experts in this annual exercise in order to guarantee full credibility, and also provide clear indications on follow-up actions for any shortcomings detected;
Amendment 6 #
2021/2025(INI)
Motion for a resolution
Citation 21
Citation 21
Amendment 8 #
2021/2025(INI)
Motion for a resolution
Citation 29
Citation 29
Amendment 9 #
2021/2025(INI)
Motion for a resolution
Citation 32
Citation 32
Amendment 10 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, despite repeated requests by Parliament, the Commission’s 2020 Rule of Law Report fails to encompass the areas of democracy and fundamental rights; calls on the Commission to ensure equal treatment of all the Union’s founding values in its next report; believes that the Commission must also involve independent experts in this annual exercise as well as provide the name of the officials writing the report in order to guarantee full credibility, and also provide clear indications on follow-up actions for any shortcomings detected;
Amendment 10 #
2021/2025(INI)
Motion for a resolution
Citation 33
Citation 33
Amendment 13 #
2021/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the criteria applied to Member States in order to measure their compliance with the rule of law are not clear and identical, which creates a double standard and generates discrimination and mistrust; calls for the adoption of single criteria and equal evaluation standards for all Member States as underlined by both Commissioner Vice-President for Values and Transparency, Vera Jourova, and Commissioner for Justice, Didier Reynders, as well as many MEPs in the LIBE Committee debates countless times;
Amendment 13 #
2021/2025(INI)
Motion for a resolution
Citation 34
Citation 34
Amendment 15 #
2021/2025(INI)
Motion for a resolution
Citation 35
Citation 35
Amendment 16 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Criticises the failure of the Council to make progress by applying sanctions in the ongoing procedures under Article 7 of the TEU, confirming that the Union remains structurally badly equipped to counter rule of law violations; hHighlights that, in any case, a full and effective use of all tools available at Union level, such as infringement procedures, the procedures enshrined in the Common Provisions Regulation and Conditionality Regulation1 , the Rule of Law Framework and Article 7 of the TEU, must be made to address breaches of the rule of law, following a specific well scrutinised procedure; underlines citizens’ high expectations expressed in petitions asking for a proper and rapid Union level response to put an end to such violations; _________________ 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.
Amendment 16 #
2021/2025(INI)
Motion for a resolution
Citation 37
Citation 37
Amendment 17 #
2021/2025(INI)
Motion for a resolution
Citation 39
Citation 39
Amendment 18 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Criticises the failure of the Council to make progress by applying sanctions in the ongoing procedures under Article 7 of the TEU, confirming that the Union remains structurally badly equipped to counter rule of law violations; highlights that, in any case, a full and effective use of all tools available at Union level, such as infringement procedures, the procedures enshrined in the Common Provisions Regulation and Conditionality Regulation1 , the Rule of Law Framework and Article 7 of the TEU, must be made to address breaches of the rule of law; underlines citizens’ high expectations expressed in petitions asking for a proper and rapid Union level response to put an end to such violations; emphasises that any discussions about sanctions against a Member State must be based solely on objective and technical criteria and not on political evaluations or motivations; _________________ 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.
Amendment 18 #
2021/2025(INI)
Motion for a resolution
Citation 40
Citation 40
Amendment 19 #
2021/2025(INI)
Motion for a resolution
Citation 43
Citation 43
Amendment 20 #
2021/2025(INI)
Motion for a resolution
Citation 44
Citation 44
Amendment 21 #
2021/2025(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Having regard to the implementation of the Rule of law report and in compliance with the European Commissioners narrative on this issue, calls for the end of the Cooperation and Verification Mechanism for Romania and Bulgaria;
Amendment 21 #
2021/2025(INI)
Motion for a resolution
Citation 45
Citation 45
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Regrets the institutional inactivity towards the international crime of illegal migration;
Amendment 23 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that reforms adopted in some Member States have seriously threatened the independence of the justice system, increasing the influence of the executive and legislative branch over its functioning, thus leading the Commission to launch infringement proceedings and raise concerns in the context of procedures under Article 7 of the TEU; underlines that, in order to safeguard the fundamental rights and freedoms of citizens, the justice system and the judges must be protected from any pressure, threat or interference, direct or indirect, from inside or outside the judiciary, including political authorities or intelligence agencies/secret services 1a 1b Paragraph22 of Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities (https://search.coe.int/cm/Pages/result_de tails.aspx?ObjectId=09000016805afb78) 1bParagraph27 of CCJE Opinion No. 21 (2018) Preventing corruption among judges (https://rm.coe.int/ccje-2018-3e- avis-21-ccje-2018-prevent-corruption- amongst-judges/native/16808fd8dd) _________________ 1bParagraph 27 of CCJE Opinion No. 21 (2018) Preventing corruption among judges (https://rm.coe.int/ccje-2018-3e- avis-21-ccje-2018-prevent-corruption- amongst-judges/native/16808fd8dd )
Amendment 23 #
2021/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); 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 Article 2 TEU applies not only and not even primarily to the Member States, but to the European Union and the rule of law should cover the EU institutions, all the more so that they have long been accused of democratic deficit;
Amendment 26 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that in many Member States the judiciary has overturned a series of abusive measures implemented under the pretext of combating the spread of the Covid19 virus; deplores, at the same time, that in some Member States the judiciary has avoided, under various pretexts, to judge and rule on the legality and proportionality of the anti-Covid19 measures, leaving citizens exposed to abusive measures;
Amendment 27 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. regrets the inexplicable delays concerning murders committed from the extreme-left;
Amendment 27 #
2021/2025(INI)
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 Union’s values, by addressing the situation in all EU Member States based on four pillars, with a direct bearing on respect for the rule of lawthe Union; whereas it is intended as a yearly cycle to ensure the rule of law and to prevent problems from emerging or deepening;
Amendment 29 #
2021/2025(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. regrets the fact that the extreme- left violence and hate-speech have not been treated with equal attention in all Member States, compromising the citizens' trust to the Rule of Law;
Amendment 29 #
2021/2025(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission’s first Rule of Law Report (2020 report) is limitextended in scope, as it does not covercovers more than just rule of law as one of all Union values as provided for in Article 2 of the TEU; whereas the notion of the rule of law has different and distinct manifestations in the Member States and there is no definition of it at the EU level;
Amendment 30 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that the COVID-19 pandemic has confirmed the importance of strengthening independent journalism and access to pluralistic information as key enablers of rule of law and democratic accountability able to provide citizens with fact-checked information, thereby contributing to the fight against disinformation; deplores the fact that in a number of Member States, journalists have increasingly faced physical threats and online harassment, especially female journalists;
Amendment 34 #
2021/2025(INI)
Motion for a resolution
Recital D
Recital D
Amendment 35 #
2021/2025(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Deplores that in a number of Member States the governments have classified information on public procurement during the Covid19 pandemic which increased the risk of corruption for authorities and mistrust among citizens; calls on these Member States to reverse these abusive measures and provide full transparency in relation to journalists and citizens;
Amendment 37 #
2021/2025(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes with concern that the contracts signed by the European Commission with Covid19 vaccine companies have clauses that have not been made public yet; emphasizes that any official acts or contracts adopted or signed by the European entities or Member States that concern the health of European citizens must be public in its entirety;
Amendment 37 #
2021/2025(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas there have been complaints from NGOs and professional associations of magistrates about the objectivity of the 2020 Rule of Law Report and the sources of information chosen by the Commission for the report;
Amendment 38 #
2021/2025(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Amendment 39 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the Court of Justice of the European Union recently ruled2 that civil society organisations must be able to operate without unjustified interference by the state, acknowledging that the right to freedom of association constitutes one of the essential bases of a democratic and pluralist society; is seriously concerned that some NGOs active in the area of migration and LGBTI+ rights are subject to smear campaigns, and facedisregard national seovere restriction of the civic spaceignty wherever they can operate. _________________ 2Judgment of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476, paragraphs 112 and 113.
Amendment 39 #
2021/2025(INI)
Motion for a resolution
Recital E
Recital E
Amendment 40 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the Court of Justice of the European Union recently ruled2 that civil society organisations must be able to operate without unjustified interference by the state, acknowledging that the right to freedom of association constitutes one of the essential bases of a democratic and pluralist society; is seriously concerned that some NGOs active in the area of migration and LGBTI+ rights are subject to smear campaigns, and face severe restriction of the civic space where they can operate. _________________ 2Judgment of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476, paragraphs 112 and 113.
Amendment 43 #
2021/2025(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 47 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas the Covid-19 pandemic was used as an excuse by Member States to implement many non-transparent, non- democratic and even abusive measures at the expense of citizens' fundamental and democratic rights like the right to free movement, access to justice, access to public information, privacy etc.;
Amendment 48 #
2021/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that in order to prevent foreign interference in the sovereignty of Member States democracies and 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 of all the NGOs that they finance and with what amounts.
Amendment 58 #
2021/2025(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox;
Amendment 60 #
2021/2025(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls 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;
Amendment 72 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow- up actions and remedial measures and tools;
Amendment 78 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 86 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports shcould identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole;
Amendment 94 #
2021/2025(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the rule of law report does not have the name of the authors who wrote the report; calls on the Commission to be fully transparent about the report and disclaim in the report the name of the authors who wrote it;
Amendment 97 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers thatorganization and functioning of state bodies, in particular the judiciary is one of the areports should go beyond a static annual snapshot and include information on relevant antecedents in the country chaptersas in which the Member States have not transferred competences to the European Union and despite this, the Commission evaluates them;
Amendment 98 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;
Amendment 105 #
2021/2025(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls to the Commission's attention for its following report on rule of law that in many Member States the judiciary has overturned a series of abusive measures implemented under the pretext of combating the spread of the Covid-19 virus; Deplores, at the same time, that in some Member States the judiciary has avoided, under various pretexts, to judge and rule on the legality and proportionality of the anti-Covid-19 measures, leaving citizens exposed to abusive measures;
Amendment 109 #
2021/2025(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls to the Commission's attention the ongoing attacks to the Constitutional Courts and Ombudsmen in different Member States; emphases that these are critical institutions to safeguard the rule of law and the fundamental rights of the citizens and must be protected;
Amendment 110 #
2021/2025(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Underlines that, in order to safeguard the fundamental rights and freedoms of citizens, the justice system and the judges must be independent, thus protected from any pressure, threat or interference, direct or indirect, from inside or outside the judiciary, including political authorities or intelligence agencies/secret services; 1a 2a _________________ 1aParagraph 22 of Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities (https://search.coe.int/cm/Pages/result_de tails.aspx?ObjectId=09000016805afb78 ) 2aParagraph 27 of CCJE Opinion No. 21 (2018) Preventing corruption among judges (https://rm.coe.int/ccje-2018-3e- avis-21-ccje-2018-prevent-corruption- amongst-judges/native/16808fd8dd )
Amendment 113 #
2021/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings identified as a clear risk of a serious breach of the rule of lawNotes with concern that, apart from the reporting (objective) elements, the report contains evaluative (subjective) elements, without clearly delineating them; rebukes that when assessing similar legal regulations in force in different Member States, the Commission often points to reforms planned in a given area in the Member States, differently assessing solutions designed in some and identical solutions already in use in other Member States;
Amendment 120 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled byCourt of Justice of the EU more and more often goes beyond its Treaty competences and rules ultra vires; supports the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments in the CJEU pose a systemic threat to the existence of the Union; considers, therefore, that forthcoming annual reports should consider challenges from the CJEU's side to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 133 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Emphasises that any discussions about sanctions against a Member State must be based solely on objective and technical criteria and not on political evaluations or motivations;
Amendment 136 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 153 #
2021/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urginvites the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism;
Amendment 160 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. DeplorNotes the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 171 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Deplores 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 provide full transparency for journalists and citizens;
Amendment 179 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the report’s pillar on checks and balances and its examination of exceptional measures taken to fight the COVID-19 pandemic;
Amendment 182 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes with concern that the contracts signed by the European Commission with the pharma companies developing the anti-Covid-19 vaccines have sections and provisions which have not been made public yet; emphasizes that any official acts or contracts adopted or signed by the European entities or Member States that concern the health of European citizens must be public in their entirety;
Amendment 184 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 196 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 206 #
2021/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; sStresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights;
Amendment 220 #
2021/2025(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Restates that, in order to avoid duplication with the rule of law report, the Verification and Cooperation Mechanisms for Romania and Bulgaria must be lifted;
Amendment 228 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomNotes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
Amendment 242 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil societythe Member States are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the processand therefore should hold a means of wielding influence on the reports’ final content; calls on the Commission to provide that each Member State, after the report has been prepared but before it has been published, have the opportunity to read it and raise objections or comments and the right of final acceptance of that part of the report that relates to themselves and any non- acceptance or dissent, as the case may be, should be indicated directly in the report;
Amendment 246 #
2021/2025(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. 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 269 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make mRecognises the leandingful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both role of the Council in ongoing Article 7 TEU procedures;
Amendment 270 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures;
Amendment 276 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. ReiteratStresses that the annual report should not serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values;
Amendment 284 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the Commission to useStresses that the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breacheshould not constitute the basis for further assessments, findings or formulation of recommendations concerning individual Member States, made in areas of the principles ofr than the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct wa, e.g. in the field of economic and fiscal policy;
Amendment 299 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assessinform in successive reports how the issues identified in the areas analysed in previous reports have evolved;
Amendment 304 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 3 #
2021/2019(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the large number of petitions voicing citizens’ concerns over the public health and socio-economic emergencies as well as violation of their rights resulting from the outbreak of the COVID-19 pandemic significantly contributed to the rise in the number of petitions registered in 2020 in comparison with previous years; whereas 13.23 % of the petitions received in 2020 are related to the COVID-19 pandemic and to the violation of citizens' rights and freedoms due to restrictions and emergency measures imposed during the pandemic;
Amendment 4 #
2021/2019(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a large number of petitions referred to the lack of transparency in the research and development of COVID-19 vaccines and to the refusal of the Commission to publish non-redacted versions of the Advance Purchase Agreements and the Purchase Agreement;
Amendment 5 #
2021/2019(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas a large number of petitions received request that full details of the COVID-19 vaccine contracts concluded between the Commission, the Member States and the pharmaceutical industry, as well as patient-level clinical trial data to be published as soon as possible;
Amendment 21 #
2021/2019(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the main subjects of concern raised in petitions submitted in 2020 relate to fundamental rights (in particular the impact of COVID-19 emergency measures on the rule of law and democracy, as well on the freedom of movement, the right to work, the right to information and the right to education), health (notably questions on the public health crisis resulting from the pandemic, ranging from the protection of citizens’ health, including treatments and protective equipment, to the management of the health crisis in the Member States and the acquisition and distribution of vaccines), the environment (mostly mining activities and their impact on the environment, nuclear safety, air pollution and the deterioration of natural ecosystems), justice (notably issues related to access to justice or alleged procedural irregularities or concerns over the rule of law and the independence of the judiciary in the Member States, along with cross-border cases of child abduction and custody rights), education (in particular questions related to discriminatory access to education or contested national reform of the law on education), the lack of transparency of the Council and the Commission and the internal market (in particular questions relating to national travel restrictions in the context of the pandemic and their impact on the freedom of movement of persons within and outside the EU), in addition to many other areas of activity;
Amendment 49 #
2021/2019(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to assess whether national authorities areto be proactive in taking the necessary measures to respond to citizens’ concerns as expressed in their petitions where cases of systemic failure in compliance with EU law occur;
Amendment 62 #
2021/2019(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Draws attention to the large number of petitions on COVID-19 that the Committee on Petitions examined and replied to in 2020, mostly by using its urgency procedure; stresses that most of these petitions called for the protection of citizens’ health against the spread of the virus, including questions on treatfundamental rights and freedoms against the emergency measures including lockdowns, for transparency in the developments, protective equipment and on the acquisition and distribuurchase and distribution of COVID-19 vaccines as well as for disclosure of all details of future COVID-19 vaccine contracts; underlines that these petition also included questions of vaccinesn treatments, protective equipment, as well as for the assessment of the management of the health crisis in the Member States; recalls, also, that many petitioners raised concerns over the impact of national emergency measures, including lockdowns, on democracy, and the rule of law and fundamental rights, calling into question travel and work restrictions, obstacles to the freedom of movement within the Schengen area, as well as the management of cancelled flights and trips during the pandemic;
Amendment 69 #
2021/2019(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is seriously concerned about the breaches of fundamental rights and democracy, the public health and socio- economic damages caused by the COVID- 19 pandemic; welcomes the excellent work done by the Committee on Petitions which, by voicing citizens’ concerns over the violation of their rights, public health and socio-economic crises related to the COVID-19 pandemic, contributed to ensuring Parliament’s responsiveness to citizens’ needs and expectations as regards the Union’s capacity to address such a global challenge; draws attention, in this regard, to the important follow-up actions taken by the Committee on Petitions to respond to the issues raised in COVID-19- related petitions, which lead to the adoption in plenary of the resolutions on the Schengen system and measures taken during the COVID-19 crisis9 , on the accessibility and affordability of COVID testing, on the rights of persons with intellectual disabilities and their families in the COVID-19 crisis10 and on tackling homelessness rates in the EU11 ; _________________ 9 Texts adopted, P9_TA(2020)0315. 10 Texts adopted, P9_TA(2020)0183. 11 Texts adopted, P9_TA(2020)0314.
Amendment 71 #
2021/2019(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is seriously concerned about the public health, the social division and socio- economic damages caused by the COVID- 19 pandemic; welcomes the excellent work done by the Committee on Petitions which, by voicing citizens’ concerns over the public health and socio-economic crises related to the COVID-19 pandemic, contributed to ensuring Parliament’s responsiveness to citizens’ needs and expectations as regards the Union’s capacity to address such a global challenge; draws attention, in this regard, to the important follow-up actions taken by the Committee on Petitions to respond to the issues raised in COVID-19- related petitions, which lead to the adoption in plenary of the resolutions on the Schengen system and measures taken during the COVID-19 crisis9 , on the rights of persons with intellectual disabilities and their families in the COVID-19 crisis10 and on tackling homelessness rates in the EU11 ; _________________ 9 Texts adopted, P9_TA(2020)0315. 10 Texts adopted, P9_TA(2020)0183. 11 Texts adopted, P9_TA(2020)0314.
Amendment 75 #
2021/2019(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that environmental issues remained an area of serious concern for petitioners in 2020; regrets that environmental rules are not always correctly implemented in the Member States, as described in numerous petitions raising complaints about air pollution, the deterioration of natural ecosystems, and nuclear safety and the impact of mining activities on the environment; stresses the importance of delivering on EU citizens’ expectations on the protection of the environment; urges, therefore, the Commission, together with the Member States, to ensure the correct implementation of EU legislation in this field;
Amendment 89 #
2021/2019(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that the Petitions Web Portal is an essential tool for ensuring a smooth, efficient and transparent petitions process; welcomes, in this regard, the improvements on data protection and on the security features which have made the portal more user-friendly and secure for citizens; stresses that efforts must be continued to make the portal widely known, through social media and more accessible to persons with disabilities, including by enabling the tabling of petitions in national sign languages;
Amendment 164 #
2021/0422(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) It is important to emphasise that the term unlawful can also have an independent meaning in criminal law in the Member States. The definition given in this Directive is without prejudice to those national provisions, the frameworks against which this term can be tested, and the possible grounds of justification that exist in national law.
Amendment 192 #
2021/0422(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) The fact that perpetrators of environmental offenses can easily move across borders means that it is of the utmost importance that the investigative services in the different Member States can work well together. It is of the utmost importance that cooperation between the different Member States runs as smoothly as possible. The Commission must, without creating cumbersome, bureaucratic bodies, facilitate this cooperation as much as possible.
Amendment 194 #
2021/0422(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) The Commission must map out which bottlenecks the Member States and investigative organizations encounter when it comes to cross-border cooperation. The Commission should write down these findings in a report and forward this report to the Council and Parliament once every two years. In that report, the Commission indicates whether, and if so which measures it is taking to tackle these bottlenecks. When applicable, the Commission reflects on the measures taken on the basis of the previous report.
Amendment 216 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) directly applicable Union legislation, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;
Amendment 217 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a)quiring transposition in national law, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union.
Amendment 218 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
Amendment 219 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion; This definition is without prejudice to frameworks that exist in the Member States for determining whether a conduct is unlawful. Nor does the definition affect any justification grounds that exist in national law, or the inferences that a court must draw from the existence of justification grounds;
Amendment 221 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 231 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the marketa larger scale of a products on the market which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water substantial damage to the quality of air, the quality orf soil qualityor the quality of water, or to animals or plants as a result of the product's use on a larger scale;
Amendment 234 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 235 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environment, which causes or is likely to cause substantial damage to the factors defined in Article 3(1) of Directive 2011/92/EUquality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 38 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 237 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 239 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligiblcauses or is likely to cause substantial damage to the quality of air, the quality of soil or the quantlity of water, or to animals or plants; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 242 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 244 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) the recycling of ships falling within the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council41 , without complying with the requirements of Article 6(2), point (a) of that Regulation, which causes or is likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 41 Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1).
Amendment 245 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, unless repeated cases by the same offender in conjunction result inwhich causes or is likely to cause significant deterioration in the quality of water; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 248 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43 , Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1– 37). 44 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17– 119). 45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66– 106).
Amendment 250 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 257 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) the placing or making available on a larger scale on the Union market of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52 , except for cases where the conduct concerns a negligible quantity; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 of that Regulation.] _________________ 52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 263 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant or any conduct consisting in killing or destroying animal and plant species protected in a habitat within a protected side, when the endangerment of their status is significant;
Amendment 265 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point i
Article 3 – paragraph 1 – point p – point i
(i) the conduct breaches restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council53 and has or is likely to have a significant adverse impact on biodiversity or the related ecosystem service; _________________ 53 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).
Amendment 266 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Article 3 – paragraph 1 – point p – point ii
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causehas or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or planthave a significant adverse impact on biodiversity or the related ecosystem services;
Amendment 267 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, when undertaken in a non- negligible quantity; _________________ 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30)
Amendment 268 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, when undertaken in a non-negligible quantity. _________________ 55 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195– 230).
Amendment 274 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 284 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 286 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 302 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least teneight years if they cause or are likely to cause death or serious injury to any person.
Amendment 304 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least sixfour years.
Amendment 305 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least fourtwo years.
Amendment 308 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which shallmay include:
Amendment 311 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given time period;
Amendment 315 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions;
Amendment 316 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisatiotemporary bans ton pursueing activities which have resulted in committing the offence;
Amendment 317 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
Amendment 319 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
Amendment 325 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the culpable lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 327 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.
Amendment 329 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include criminal or non-criminal fines and may include other sanctions or measures, such as:
Amendment 331 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 334 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given period;
Amendment 337 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) temporary exclusion from entitlement to public benefits or aid;
Amendment 339 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) temporary or permanent disqualification from the practice of business activities;
Amendment 340 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) withdrawal of permits and authorisations totemporary ban on pursueing activities which have resulted in committing the offence;
Amendment 341 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
Amendment 345 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that athe amount of criminal or non-criminal fines imposed on legal persons held liable pursuant to Article 6(2) is punishable by sanctions or measures, whroportionate to the seriousness of the conduct, the economich are effective, proportionate and dissuasivend financial situation of the legal person concerned and other circumstances of the case as defined in the national law.
Amendment 346 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 352 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 357 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 359 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, at least one of the following circumstances may be regarded as aggravating circumstances:
Amendment 369 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
Amendment 370 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
Amendment 371 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
Amendment 387 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 395 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 396 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 402 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents.
Amendment 411 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(a a) the offender has his or her habitual residence in its territory;
Amendment 419 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance as provided for in Directive (EU) 2019/1937 in the context of criminal proceedings.
Amendment 423 #
2021/0422(COD)
Proposal for a directive
Article 14
Article 14
Amendment 428 #
2021/0422(COD)
Proposal for a directive
Article 15
Article 15
Amendment 432 #
2021/0422(COD)
Proposal for a directive
Article 16
Article 16
Amendment 435 #
2021/0422(COD)
Proposal for a directive
Article 17
Article 17
Amendment 442 #
2021/0422(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are alsoeffective, proportionate to the crime committed and available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 445 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 446 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 452 #
2021/0422(COD)
Proposal for a directive
Article 20
Article 20
Amendment 460 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall biannually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.
Amendment 465 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 43 #
2021/0136(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Service providers use the identity data provided by the set of person identification data available from electronic identification schemes pursuant to Regulation (EU) No 910/2014 in order to match users from another Member State with the legal identity of that user. However, despite the use of the eIDAS data set, in many cases ensuring an accurate match requires additional information about the user and specific unique identification procedures at national level. To further support the usability of electronic identification means, this Regulation should require Member States to take specific measures to ensure a correct identity match in the process of electronic identification. For the same purpose, this Regulation should also extend the mandatory minimum data set and require the use of a unique and persistent electronic identifier in conformity with Union law in those cases where it is necessary to legally identify the user upon his/her request in a unique and persistent way.
Amendment 56 #
2021/0136(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The European Digital Identity Wallet should technically enable the selective disclosure of attributes to relying parties. This feature should become a basic design feature thereby reinforcing convenience and personal data protection including minimisation of processing of personal data. The technical architecture and implementation of the European Digital Identity Wallet should be in full compliance with the provisions of Regulation (EU) 2016/679.
Amendment 98 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Article 3 – paragraph 1 – point 54 a (new)
(54 a) Digital Identity Subject means the physical or legal person to which the Person Identification Data belong.
Amendment 99 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Article 3 – paragraph 1 – point 54 b (new)
(54 b) Self-Sovereign Identity means an identity system architecture based on the core principle that Digital Identity Subjects have the right to fully and permanently control the use of the Electronic Identification Means together with the usage of the associated Person Identification Data.
Amendment 101 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Article 3 – paragraph 1 – point 55
Amendment 121 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a. 4.a.2
Article 6a. 4.a.2
(2) for qualified and non-qualified electronic authentication trust services and relying parties to request and validate person identification data and electronic attestations of attributes in full compliance to the GDPR and in particular to article 32 thereof ;
Amendment 126 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a. 4.a.3
Article 6a. 4.a.3
(3) for the presentation toin full compliance to the GDPR and in particular to article 32 thereof to qualified electronic authentication trust services and relying parties of person identification data, electronic attestation of attributes or other data such as credentials, in local mode not requiring internet access for the wallet;
Amendment 143 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a.4.e a
Article 6a.4.e a
(e a) The use of the European Digital Identity Wallets shall be optional, provided free of charge and in no circumstance create any grounds for any type of discrimination.
Amendment 24 #
2020/2275(INI)
Motion for a resolution
Recital K
Recital K
K. whereas, in order to achieve those objectives, the procedures and conditions required for the ECI should ensure that initiatives on valid subjects are considered and responded to appropriately by the Commission; whereas at least one million signatures from at least a quarter of the Member States are required for an ECI to be submitted to the Commission; whereas the Commission has made the deadline for submitting signatures more flexible in response to the COVID-19 pandemic; whereas the ECI must not be politically weaponised;
Amendment 56 #
2020/2275(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to reduce the deadlines to respond to the EP requests, to assess and report annually on the petitions dealt with and to ensure that this assessment feeds into political decision-making at the level of the Commission;
Amendment 71 #
2020/2275(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the PETI committee to boost the collaboration with national parliaments and to create a partnership allowing exchange of experience and best practices concerning the most efficient referral of petitions to the competent body;
Amendment 72 #
2020/2275(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considering that, according to the Guidelines 1a when asked for its opinion, a committee will weigh the importance of the right to petition and its legislative workload before deciding whether or not to give an opinion, and that this rule pre- dates the Lisbon Treaty and reflects an old perception of the importance of petitions in parliamentary work, calls for an update of the Guidelines to provide the PETI Committee and other committees with the necessary authority to carry out their work effectively; _________________ 1a Conference of Committee Chairs of the European Parliament, Guidelines on the treatment of petitions by the standing committees, 14 July 1998, PE225.233
Amendment 80 #
2020/2275(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for an improved data analysis function in the ePetition database in order to improve the quality of data on petitions sent to other committees by automatizing this process and to facilitate the retrieval from ePetition of previous petitions on the same subject;
Amendment 96 #
2020/2275(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Congratulates the Ombudsman for the work done in promoting multilingualism for citizens and for publishing a set of recommendations to the EU administration on the use of official EU languages when communicating with the public, recommendations that give guidance on how and when to communicate in which languages in order to safeguard the EU linguistic diversity;
Amendment 98 #
2020/2275(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Congratulates the Ombudsman for monitoring how the EU’s frontline institutions are carrying out their work during the pandemic and for underlining their obligation for transparency; welcomes the question addressed by the Ombudsman to the Commission about the transparency of the scientific advice it receives, its meetings with representatives of interest groups, and its decisions related to emergency public procurement;
Amendment 102 #
2020/2275(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Urges the European institutions, bodies and agencies to follow the Ombudsman recommendations regarding transparency, accountability, access to documents, "revolving doors", lobbying transparency and other ethical issues;
Amendment 108 #
2020/2275(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to inform the public about the EU’s competences to make sure that ECIs concern subjects and issues that fall within the EU’s remit; emphasises that recent ECIs have called for the EU to take more action, more quickly, in the fight against climate change;
Amendment 112 #
2020/2275(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to improve the ECI tool to make citizens’ participation more accessible, given the low number of ECIs that have ultimately been successful;
Amendment 152 #
2020/2275(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to inform the public about the EU’s competences to make sure that ECIs concern subjects and issues that fall within the EU’s remit; emphasises that recent ECIs have called for the EU to take more action, more quickly, in the fight against climate change;
Amendment 156 #
2020/2275(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to improve the ECI tool to make citizens’ participation more accessible, given the low number of ECIs that have ultimately been successful;
Amendment 3 #
2020/2209(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas there are approximately 87 million persons with disabilities in Europe1a; _________________ 1a https://ec.europa.eu/commission/presscor ner/detail/en/speech_21_1015
Amendment 4 #
2020/2209(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas 37 % of the EU population aged 15 and over reported (moderate or severe) physical or sensory limitations1b; _________________ 1b https://ec.europa.eu/eurostat/statistics- explained/index.php/Functional_and_acti vity_limitations_statistics#Functional_an d_activity_limitations
Amendment 5 #
2020/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas petitions on disability issues reveal the difficulties encountered by persons with disabilities and the fact that they face discrimination and obstacles in everyday life and that they do not enjoy the fundamental freedoms and rights laid down in the CRPD, such as access to public transport, accessibility of the builtphysical environment, use of sign languages, financing and equal access to education and vocational training;
Amendment 8 #
2020/2209(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas petitions have repeatedly highlighted the limitations in terms of access to education for persons with disabilities, which lead to lower participation in educational activities than the population average and, as a consequence, to a risk of social and economic exclusion; whereas one person with disabilities out of four leaves the education system prematurely1c; _________________ 1c https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Archive:Disabi lity_statistics_- _access_to_education_and_training&oldi d=413588
Amendment 9 #
2020/2209(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas petitions have repeatedly highlighted the limitations regarding the employment opportunities of persons with disabilities; whereas the average gap between the employment rates of people with and without disabilities in the EU is 25%1d; _________________ 1dCOM(2019)653/F1 - PL (europa.eu), p.89
Amendment 10 #
2020/2209(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the creation of the role of Commissioner for Equality played an instrumentalmportant role in establishing the new Strategy for the Rights of Persons with Disabilities 2021- 2030;
Amendment 11 #
2020/2209(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. Whereas the European Parliament must guarantee that the Coronavirus measures are in line with the EU Charter of Fundamental Rights, the Oviedo Convention and the UN Convention on the Rights for Persons with Disabilities.
Amendment 13 #
2020/2209(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas initiatives at EU level such as The Access City Award promote the adaptation of public spaces to the needs of the elderly and persons with disabilities; whereas the competition has rewarded cities that make commitments at the level of political decision-making to be inclusive for persons with disabilities and respectful of their rights, are responsive to the needs of persons with disabilities and hold a social dialogue with organisations for persons with disabilities and the elderly; whereas the adaptation of public spaces will not only help to combat social exclusion, but will also contribute to economic growth;
Amendment 15 #
2020/2209(INI)
Motion for a resolution
Recital O
Recital O
O. whereas several petitions illustrate the problems of accessibility for persons with disabilities to the builtphysical environment, to transport, as well as accessibility to information and communications technologies and systems (ICT), and other facilities and services provided to the public;
Amendment 17 #
2020/2209(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas measures taken by governments in the exceptional major health crisis caused by the Covid19 pandemic should always respect the fundamental rights and freedoms of individuals and should not discriminate against citizens with disabilities;
Amendment 19 #
2020/2209(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas several petitions prove that the COVID-19 pandemic has aggravated the situation of persons with disabilities, including violations of persons with disabilities’ most basic human rights, such as access to healthcare treatment and, to protective measures against the spread of the disease and to education;
Amendment 20 #
2020/2209(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Q a. whereas due to the difficult situation during COVID-19 crisis institutions for persons with disabilities and older people, such as day centres or schools have been temporarily closed; whereas in this emergency situation the care of persons with intellectual disabilities has fallen to their family members; whereas petitioners have intervened with the Committee on Petitions regarding the institutions that have remained open, pointing to the difficult health situation, the lack of staff, the lack of protective and disinfectant products and, as a consequence, the high rates of illness and death in these institutions;
Amendment 22 #
2020/2209(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Q a. whereas persons with disabilities living in institutions have been highly affected by the Covid19 pandemic due to dependence on physical contact with health carers and support staff;
Amendment 24 #
2020/2209(INI)
Motion for a resolution
Recital Q b (new)
Recital Q b (new)
Q b. whereas the confinement measures have a special negative impact on persons with disabilities;
Amendment 28 #
2020/2209(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that Member States should step up their efforts in providing support for persons with disabilities in the following priority areas: health, education, accessibility, employment and working conditions, independent living, coordination, living conditions, social protection and raising awareness;
Amendment 46 #
2020/2209(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s proposal for creation of a European Disability Card to be recognised in all Member States by end of 2023, in order to scale up the pilot project on the European Disability Card and the European parking card for persons with disabilities; is of the opinion that a European Disability Card, which should be mandatory in all Member States, will be an important key instrument to help persons with disabilities to exercise their right to free movement in a barrier- free Europe;
Amendment 58 #
2020/2209(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that access to the builtphysical environment and physical accessibility were not included within the scope of the European Accessibility Act; calls on the Commission to use the European Accessibility Act as a basis for adopting a robust EU framework for an accessible and inclusive environment with fully accessible public spaces, services, including public transport, communication, administrative and financial services, and the builtphysical environment;
Amendment 77 #
2020/2209(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the urgent need for EU legislation aimed at protecting citizens against all forms of discrimination in the EU; urges the Member States to adopt the EU horizontal anti-discrimination directive tabled by the Commission in 2008; calls on the Commission to present an alternative solution in order to move forward in tackling discrimination across the EU, in all areas of life, as soon as possible;
Amendment 104 #
2020/2209(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the fact that Member States are willing to implement inclusive educational policies, but calls on them to further increase their education systems’ capacity to provide high-quality inclusive education for all learners, and calls on the Commission to strengthen the role of the Child Guarantee in ensuring the inclusion of children with disabilities; stresses that persons with disabilities should be guaranteed access to education, including during crises such as the COVID-19 pandemic, and Member States should tackle all forms of discrimination and exclusion in this area;
Amendment 26 #
2020/2201(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights the fact that the turnout has constantly fallen in EU elections since 1979 to 2014, with 2019 being an exception;
Amendment 28 #
2020/2201(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that the Covid-19 pandemic was used as an excuse by Member States to implement many non- transparent, non-democratic and even abusive measures at the expense of citizens' fundamental and democratic rights like the right to free movement, access to justice, access to public information, privacy etc.;
Amendment 30 #
2020/2201(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Highlights the fact that in many Member States the judiciary has overturned a series of abusive measures implemented under the pretext of combating the spread of the Covid19 virus; deplores, at the same time, that in some Member States the judiciary has avoided, under various pretexts, to judge and rule on the legality and proportionality of the anti-Covid-19 measures, leaving citizens exposed to non- democratic and abusive measures;
Amendment 32 #
2020/2201(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Deplores the fact 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 provide full transparency for journalists and citizens;
Amendment 34 #
2020/2201(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Notes with concern that the contracts signed by the European Commission with the pharmaceutical companies developing the anti-Covid-19 vaccines have sections and provisions which have not yet been made public; emphasizes that all official acts or contracts adopted or signed by the European entities or Member States that concern the rights, freedoms, liberties and/or health of European citizens must be public in their entirety;
Amendment 46 #
2020/2201(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomNotes the inclusion in the Rights and Values Programme of a citizens’ engagement and participation strand designed to promote citizens’ engagement and participation in the democratic life of the Union;
Amendment 49 #
2020/2201(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 55 #
2020/2201(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the European Commission must take into account the national sovereignty and constitutional order of the member States when analysing European citizens' initiatives;
Amendment 65 #
2020/2201(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that EU citizens have the right to address the European Ombudsman; restates that citizens have to receive compensation and restoration when their rights have been violated;
Amendment 73 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop innovative and inclusive tools for citizens’ participation and dialogues, as well as increase transparency at all levels;
Amendment 78 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that no effort is too big as to allow European citizens real access to the procedures and legislative processes of the EU and enable them to have their say through consultations and participatory actions;
Amendment 80 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 92 #
2020/2201(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to encourage the active participation of EU citizens in EU matters, notably young people, in order to support their involvement in shaping society and politics; Stresses that in the context of the Future of Europe Conference all political views have to be taken into account and voices of citizens from the entire political spectrum have to be heard;
Amendment 94 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that in order to prevent foreign interference in the sovereignty of Member States democracies and 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 of all the NGOs that they finance and with what amounts;
Amendment 113 #
2020/2201(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Condemns the lack of transparency and inclusiveness of the upcoming Conference on the Future of Europe for not including all political groups in the preparation of this event, which translates into the ideas of a large number of EU citizens being silenced to the benefit of some political groups.
Amendment 9 #
2020/2133(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that high standards of transparency and integrity in the EU institutions are essential to having a real accountability of the European officials as well as to enabling citizens to exercise their democratic right to participate in the EU’s decision-making process and thus to enhancing the democratic legitimacy and credibility of the Union while restoring confidence in the European integration process; recalls that, in her Political Guidelines for the 2019- 2024 Commission, the President of the Commission stressed that if citizens were to have faith in the EU, its institutions should be open and beyond reproach on ethics, transparency and integrity; recalls that the right to petition provides citizens with the most accessible way to enter into and maintain a direct dialogue with representatives from the EU institutions and thus contributes to improving openness, responsiveness and accountability while bridging the gap between citizens and EU institutions;
Amendment 43 #
2020/2133(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that some EU Member States already have a high level of transparency requirements for their elected and appointed officials in the area of conflict of interests, sources of income and family assets; considers that it is imperative for the EU institutions to standardise their procedures and apply the same high level of ethical and integrity standards.
Amendment 46 #
2020/2133(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Considers discriminatory that in some EU Member States a MEP can also hold another public office in the country or be a board member of a public or private company, while in other Members States this is considered a conflict of interest, an offense that is often even criminalized; underlines the importance of homogenising the integrity and transparency standards at EU level;
Amendment 92 #
2020/2075(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a continuedUnderlines that fiscal stances must balance the long-term sustainability of public finances with short-term macroeconomic stabilisation; calls for an appropriate expansionary fiscal stance for as long as needed and for it to be shifted to support the recovery from the COVID-19 pandemic and a green, digital and inclusive transformation while ensuring fiscal sustainability;
Amendment 156 #
2020/2075(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for an appropriate fiscal and monetary policy mix that work together towards achieving the EU’s objectivesfiscal and monetary policy to compensate for each other: an expansive monetary policy should go hand in hand with a restrictive fiscal policy and the other way around, only in crisis situations they should strengthen each other;
Amendment 161 #
2020/2075(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that both monetary and fiscal expansions work to a considerable extent by bringing spending forward in time; believes that the structural contribution that monetary policy makes to sustainable growth is limited;
Amendment 162 #
2020/2075(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes that growth has in recent years to an important degree relied upon unconventional and, in the long term, unsustainable monetary policy; notes more than a decade after the outbreak of the global financial crisis that this monetary policy has failed to create a genuine momentum for productivity- enhancing reforms;
Amendment 170 #
2020/2075(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that debt levels have increased to a level that may be hard to sustain when interest rates return to normal levels and that some Member States already have a sizeable debt legacy; notes that circumstances have changed since the Maastricht criteria were defined and that inflation and interest rate levels are currently considerably lower;
Amendment 183 #
2020/2075(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that debt service costs are expected to remain low for the foreseeable future and primary deficits are likely to be offset by favourable interest-growth differentials; further considers that as long as the differenti but warns about higher financing costs in the future once monetary policy accommodation is reduced; recalls arthe negative it is possible to sustain and progressively reduce high debt leveled to reduce high deficit and debt levels and rebuild fiscal buffers to make European economies more resilient to shocks;
Amendment 193 #
2020/2075(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. RIn view of the EU's low productivity and global competitiveness, recalls the importance of gprowthductivity- enhancing policies and publicstructural reforms, responsible fiscal policies and well-targeted investment aimed at increasing growth potential and achieving other EU’s policy objectives;
Amendment 205 #
2020/2075(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Warns that boosting investment should not be seen as an alternative to productivity-enhancing reforms;
Amendment 230 #
2020/2075(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that prudent fiscal policies play a fundamental role for the stability of the euro area and the Union as a whole; underlines that coordination of fiscal policies and compliance with the Union rules in this area are a legal requirement and key to the proper functioning of Economic and Monetary Union (EMU);
Amendment 247 #
2020/2075(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the renewed fiscal framework to promote sustainability and cyclical stabilisationinstil discipline and to improve the quality of public expenditure through sustainable investments and structural reforms; calls for well-defined, transparent, simple, flexipredictable and enforceable rules embedded in a credible and democratic framework that take into account the specificities of Member States and promote upward economic and social convergence;
Amendment 306 #
2020/2075(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recalls that public investment may crowd out private investment; recalls that private investment depends on private sector competitiveness, which in turn depends on a regulatory environment allowing for predictable rules, a level playing field, and reduced compliance costs;
Amendment 326 #
2020/2075(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Agrees with the opinion of the EFB and others21 that a deepening of the Economic and Monetary Union (EMU) would be helped by a central fiscal capacity, which could help cushion idiosyncratic shocks, whether common or country-specificrequires first and foremost sound fiscal policies and the implementation of structural reforms at national level aimed at better functioning product and factor markets, however which does not require a central fiscal capacity, sin a timely manner; _________________ 21 International Monetary Fund and the European Central Bank.ce Member States with access to financial markets can play such a counter-cyclical shock- absorbing role themselves;
Amendment 333 #
2020/2075(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that due consideration should be given to the mutual spill-over effects of the EMU and non-euro area Member States;
Amendment 340 #
2020/2075(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the creation of the NGEU, which is financed through debt issuance guaranteed by the EU budget; underlines that EU-issuance debt22 will provide a new supply of European high- quality assets, whichthe NGEU is a step towards a permanent EU safe asset; _________________ 22mporary instrument; NGEU & SURE bonds.
Amendment 346 #
2020/2075(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights that there is no wide public support for establishing a formal system of fiscal transfers within the EMU;
Amendment 353 #
2020/2075(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses the importance of the MIP in identifying and taking preventive and corrective actions against emerging imbalances; points out, however, that the potential of this mechanism has not been fully exploited on account of its structural weaknesses and its insufficiently specified theoretical foundations, which may be prone to confusing cause and effect;
Amendment 361 #
2020/2075(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Reminds that the EMU exposed its vulnerability in the context of the global financial and economic crisis with the aggravation of unsustainable imbalances, triggered by capital flows from core euro area nations to the periphery and a rising public spending ratio in some Member States;
Amendment 362 #
2020/2075(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Encourages all Member States to take the necessary policy action to address imbalances, in particular high levels of indebtedness, and commit to structural reforms ensuring the economic sustainability of each individual Member State, thereby ensuring the overall competitiveness and resilience of the European economy;
Amendment 380 #
2020/2075(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines the importance of the EU institutional framework and of the community method to set and enforce the rules and to safeguard and enhance strong political ownership and legitimacyMember States taking responsibility for future generations and ensuring the sustainability of their public finances, and the EU institutional framework to set and enforce rules to instil fiscal discipline;
Amendment 391 #
2020/2075(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses that the subsidiarity and proportionality principles should prevail in the development of economic governance for the euro area;
Amendment 396 #
2020/2075(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for a renewedonsiders the European Semester as the main economic and social policy coordination framework supporting the EU’s long-standing goals of sustainabipolitcy and upward convergenceobjectives with stronger national ownership; calls for more rigorous democratic scrutiny and for Pcloser involvement of national parliament’s full involvement in defining the overarching goals and the guidancein the European Semester process;
Amendment 430 #
2020/2075(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recalls its position23 that an ‘additional budgetary capacity forBelieves that a stronger EMU requires first and foremost decisive actions at the national level; believes that far-reaching transfers of competence to the eEuro area’ should be included in the fiscal capacity; _________________ 23European Parliament resolution of 16 February 2017 on budgetary capacity for the euro area, OJ C 252, 18.7.2018, p. 235.pean level are unnecessary; underlines that a euro area fiscal capacity as a shock-absorber is not required since governments with access to financial markets can play this role themselves;
Amendment 437 #
2020/2075(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that any shock absorption capacity mechanism at euro area level, by its mere institutional set-up, risks to lack accountability and democratic legitimacy if it becomes just a new layer of governance which risks to cause moral hazard;
Amendment 438 #
2020/2075(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34b. Underlines that Member States need to build their own fiscal capacities on national level in order to increase stability and to counter economic shocks;
Amendment 439 #
2020/2075(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 452 #
2020/2075(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for the Eurogroup’s decision- making process to be reassessed to include appropriate democratic accountability; calls for the Chair of the Eurogroup to be one of the Commission Vice-Presidents;
Amendment 461 #
2020/2075(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Recalls its call for the ESM to be integrated into EU law under the Community methodthat the ESM is not formally under parliamentary control;
Amendment 4 #
2020/2026(INL)
Draft opinion
Recital B
Recital B
B. whereas digitalisation, the ongoing global COVID-19 pandemic, inequalities, community development, especially in marginalised areas, social welfare and health services, the needs of persons with disabilities and the fight against poverty, social exclusion, including rejection of the older population, long-term unemployment, gender inequality and specific environmental tasks offer great potential for the activity of the NPOs;
Amendment 9 #
2020/2026(INL)
Draft opinion
Recital D a (new)
Recital D a (new)
Amendment 12 #
2020/2026(INL)
Draft opinion
Recital D b (new)
Recital D b (new)
D b. whereas NPOs have a critical role for social cohesion and capital, promoting civic engagement, defending and promoting fundamental rights, cultural heritage, mutual understanding and common EU as well as national values and interests;
Amendment 13 #
2020/2026(INL)
Draft opinion
Recital D c (new)
Recital D c (new)
D c. whereas grant-making NPOs have an impact as cross-border financial intermediaries;
Amendment 14 #
2020/2026(INL)
Draft opinion
Recital D d (new)
Recital D d (new)
D d. whereas NPOs play an important role as social innovators with a critical impact on the daily lives of millions of citizens;
Amendment 18 #
2020/2026(INL)
Draft opinion
Recital J
Recital J
J. whereas, even though they NPOs are referred to in the Treaty on European Union and in the Treaty on the Functioning of the European Union as well as in numerous judgement of the Court of Justice of the European Union, NPOs do not yet have their own specific statute in Union law;
Amendment 19 #
2020/2026(INL)
Draft opinion
Recital K
Recital K
Amendment 22 #
2020/2026(INL)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 25 #
2020/2026(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls for Member States to facilitate information, knowledge and best practices sharing among NPOs and to remove administrative barriers where possible for cross-border NPOs, thus improving collaboration for common projects;
Amendment 26 #
2020/2026(INL)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 121 #
2020/0345(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Nothing in this Regulation can be understood as limiting, expanding or otherwise changing Member States' or the Union's legal or administrative definitions, concepts or competences.
Amendment 2 #
2020/0112R(APP)
Motion for a resolution
Recital A
Recital A
A. whereas the proposal for a Council regulation represents a step forward in making the work of the Fundamental Rights Agency (FRA) effective by enabling it to operate fully in all areas of Union competencewithin well-defined boundaries and Union competences, while respecting Member States' sovereignty and constitutional order and by clarifying its tasks and working methods;
Amendment 8 #
2020/0112R(APP)
Motion for a resolution
Recital B
Recital B
Amendment 14 #
2020/0112R(APP)
Motion for a resolution
Recital C
Recital C
Amendment 24 #
2020/0112R(APP)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas anti-Semitism and other ethnic or religious related hate crimes are on the rise in the EU and whereas FRA has already done good work on this subject and there is added value in adding anti-Semitism and other ethnic and religious related hate crime to the predefined areas of work of the Agency.
Amendment 29 #
2020/0112R(APP)
Motion for a resolution
Recital E
Recital E
E. whereas building trust among EU citizens in the work of police and justice authorities can be achieved when the acts and activities of the Union and its Member States are sufficientaccurately monitored and scrutinised to ensure that they are in line with fundamental values, and FRA activity in the area of freedom, security and justice is therefore of the utmost importance;
Amendment 47 #
2020/0112R(APP)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Points out that hate speech against several ethnic and religious groups has risen and should be taken into consideration and that there is a general need to act in this respect.
Amendment 49 #
2020/0112R(APP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reaffirms its strong willingness to enable the FRA to operate fully in all areas of Union competencewithin well-defined boundaries and Union competences, while respecting Member States’ sovereignty and constitutional order and to fulfil its role as designed by the EU legislators, and therefore to identify the principles and conditions under which it might give its consent;
Amendment 60 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – point i – paragraph 1
Paragraph 4 – point i – paragraph 1
In line with the changes that result from the entry into force of the Lisbon Treaty, the word ‘Community’ should be replaced by the word ‘Union’ throughout the entire regulation. This implies that Union or Member State acts or activities relating to or within the framework of the common foreign and security policy, as well as in the area of freedom, security and justice, should be covered by the FRA;
Amendment 72 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – point iii – paragraph 1
Paragraph 4 – point iii – paragraph 1
In addition to the fight against racism, xenophobia and related intolerance, the fight against antisemitism and other ethnic or religious related hate crimes should be specifically mentioned in the areas of activities of the FRA, and not only in the recital; this would be very much in line with the activities carried out by the FRA in relation to antisemitic incidentsand other hate- related incidents directed at different ethnic or religious groups, since 2009, with yearly updates on the situation in each Member State;
Amendment 79 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – point iii – paragraph 1 a (new)
Paragraph 4 – point iii – paragraph 1 a (new)
Acknowledges and strongly supports the Agency’s work in defending the fundamental rights with respect to the situation of the Roma, rights of the child, migration, AI etc and considers it should be formally mentioned in the areas of the activities of the Agency.
Amendment 87 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Calls on the Commission to consider a broader revision of the FRA Regulation following a thorough impact assessment and consultations with the Agency's stakeholders, in order to strengthen the independence of the FRA; calls for the Commission to reflect in particular on:
Amendment 98 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point ii – paragraph 1
Paragraph 5 – point ii – paragraph 1
Every five years, the acts and activities of the FRA should be submitted for an independent external evaluation not commissioned by the Commission. The objective of the independent external evaluation should be to assess in particular the impact, effectiveness, efficiency and working practices of the FRA’s activities and achievements; the Management Board must examine the conclusions of the evaluations referred to in Article 30(3) and issue to the Commission such recommendations as may be necessary regarding changes to the FRA, its working practices and the scope of its mission; the Commission must transmit the evaluation reports and recommendations to Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public; after having assessed the evaluation report and recommendations, the Commission may submit any proposals for amendments to the regulation which it considers necessary;
Amendment 108 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point iii – paragraph 1 a (new)
Paragraph 5 – point iii – paragraph 1 a (new)
FRA should be able to collect and analyse alleged breaches of fundamental rights in a Member State at the request of a Member of the European Parliament, bar associations, professional organizations of magistrates or attorneys, as well as civil society organisations; Member States should support and facilitate FRA in the collection of the data about such requests.
Amendment 23 #
2019/2198(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in case 1302/2017/MH on the European Commission's handling of a request for public access to the opinions of its Legal Service concerning the Transparency Register, the Ombudsman found that the European Commission's continuous refusal to grant access to the documents constitutes maladministration due to the fact that the Commission has failed to be as open and forthcoming as possible about the very measure aimed at promoting transparency as a means to achieve greater EU legitimacy and accountability;
Amendment 74 #
2019/2198(INI)
Motion for a resolution
Paragraph 10 – subparagraph 1 (new)
Paragraph 10 – subparagraph 1 (new)
Amendment 78 #
2019/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that transparency and full access to documents held by the institutions have to be the rule, in accordance with Regulation (EC) No 1049/2001, and that, as has already been stipulated by the precedents consistently set by the CJEU, exceptions to that rule have to be properrestrictively interpreted;
Amendment 83 #
2019/2198(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the decision of the European Court of Justice, in case C- 213/15 P (Commission v Patrick Breyer), where the Court upheld the judgment of the General Court, finding that the Commission cannot refuse access to written submission of the Member States held by it, on the sole ground that they are documents relating to court proceedings. The Court considers that any decision on such an application for access must be taken on the basis of Regulation 1049/2001. Documents linked to the Court of Justice's judicial activity are not, as a matter of principle, outside the scope of the Regulation, where they are in the possession of the EU institutions listed in the Regulation, such as the Commission in this specific case.
Amendment 87 #
2019/2198(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Welcomes the decision of the Council of the EU, further to the opening by the Ombudsman of case 1011/2015/TN, to apply Regulation 1049/2001 to documents held by its General Secretariat in relation to tasks of support to various intergovernmental bodies and entities, such as the opinions of the panel in case, regarding the candidates' suitability to perform the duties of Judge and Advocate-General at the Court of Justice and the General Court of the EU. Salutes the Ombudsman opinion that greater openness is to be favoured regarding the issue of how to strike the correct balance between the need to protect the personal data of persons being assessed for high public office with the need to ensure maximum transparency in relation to the process of making appointments to high public office.
Amendment 91 #
2019/2198(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Emphasis that when the EU institutions issue official documents or reports that have any sort of impact on the Member States or their citizens, the right to know the identity and background of those who wrote them prevails over the need to protect the privacy rights of the individuals who wrote such documents or reports;
Amendment 93 #
2019/2198(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Condemns the fact that the Council has classified Section III, Legal Analysis from the opinion of its Legal Service with respect to the Commission's proposal for a Regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. The European citizens have, thus, been deprived of their right to access such an important source of information regarding critical legislation deeply impacting the citizens of the EU. Notes that in such cases the interest of the public to be aware of the content of these documents is paramount, condemns the opacity of the Council and urges it to make the entire opinion of its Legal Service available;
Amendment 103 #
2019/2198(INI)
15a. Supports the civil society's call1a for a reform regarding the public hearings of the European Court of Justice to be live streamed, as it already is the case for some national and international courts, for example the Conseil Constitutionnel in France and the European Court of Human Rights; _________________ 1a https://thegoodlobby.eu/campaigns/open- letter-to-the-president-of-the-court-of- justice-of-the-european-union-asking-for- eu-courts-to-live-stream-their-public- hearings/
Amendment 107 #
2019/2198(INI)
Motion for a resolution
Paragraph 16 – subparagraph 1 (new)
Paragraph 16 – subparagraph 1 (new)
Recalls in this respect the Ombudsman decision, dated 19/12/2017, in case 682/2014/JF where the Commission's requirement that all persons who ask for public access to documents must provide their postal address for its paper post sending arrangements is maladministration, highlighting that insisting on renewed requests and procedural formalities, when they are unnecessary and serve no obvious useful purpose, shows a lack of respect for citizens' fundamental rights;
Amendment 122 #
2019/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that privacy and the protection of personal data should be respected while ensuring transparency, securing a case by case evaluation and observing the principle of restrictively interpreting exceptions to the right of citizens of accessing public information and documents;
Amendment 128 #
2019/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the institutions to ensure the transparency of legislative procedures on the basis of the relevant legislation and, case law and Ombudsman recommendations;
Amendment 5 #
2019/2134(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Ombudsman has a crucial role to play in making the EU legislative process more open and accountable to citizens so they can exercise their right to participate in the democratic life of the Union thereby increasing their engagement and trust;
Amendment 18 #
2019/2134(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas more openness and transparency on positions taken by national governments in the Council will improve trust in the EU and reduce euro- scepticism and populism;
Amendment 24 #
2019/2134(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Congratulates Emily O’Reilly for her excellent work and her constructive efforts to improve the quality of the EU’s administration and the accessibility and quality of the services it offers to citizens;
Amendment 25 #
2019/2134(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges the valuable role she played in liaising and mediating between the EU institutions and citizens, and recognises the work done for increasing transparency and accountability in the EU legislative process;
Amendment 28 #
2019/2134(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that a high level of transparency of the legislative process is essential to enable citizens, media and stakeholders to hold their elected representatives and governments accountable;
Amendment 29 #
2019/2134(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Fully endorses the European Ombudsman’s recommendations to the Council and urges the Council to take all measures necessary to implement as swiftly as possible these recommendations;
Amendment 42 #
2019/2134(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates its call for an update on EU legislation on access to documents and asks for a revision of Regulation (EC) 1049/2001 so as to facilitate the Ombudsman’s work in scrutinising the granting of access to documents by Parliament, Council and the Commission;
Amendment 43 #
2019/2134(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the formal launch of the fast-track procedure for inquiries on access to documents and acknowledges the good results for complainants;
Amendment 48 #
2019/2134(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Ombudsman to continue to monitor the implementation of the Commission’s revised rules on ‘revolving doors’ that came into place in September 2018 as a result of her own-initiative enquiry;
Amendment 59 #
2019/2134(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission, in the phase of informal dialogue between itself and the Member States, to ensure transparency and access to documents and information with regard to the EU Pilot procedures in relation to petitions received; calls on the Commission to take a differ and full transparency and full access to EU Pilot and infringement approach with regard to investigationcedures that have already ended; calls on the Commission, in cases of breaches of EU law and, to launch infringement procedures that do nowithout relying solely on the EU Pilot mechanism;
Amendment 64 #
2019/2134(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11 S. Fully supports the Ombudsman’s commitment to improving the transparency of EU lobbying; supports the Commission’s commitment to implementing the revised horizontal rules on expert groups, including as regards transparency and conflict of interests; stresses the importance of registering individuals and organisations representing private interests in the Transparency Register so that appointments can be made in accordance with the horizontal rules;
Amendment 66 #
2019/2134(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the tripartite agreement between the EU Parliament, the Council and European Commission which is a step forward to strengthening the existing rules on lobbying and closing loopholes; however, considers that the institutions should not stop there, but should continue towards binding legislative measures for all EU institutions and agencies;
Amendment 70 #
2019/2134(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the need for an interinstitutional agreement on a transparency register covering the European Parliament, the Commission and the Council and EU agencies; supports the work done in the first orientation meetings and negotiations which began in January 2018; encourages the institutions to consider which practical arrangements could lead to a prompt and efficient agreement;
Amendment 72 #
2019/2134(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the Ombudsman’s enquiry in 2018 into the appointment procedure of the Commission’s Secretary General and acknowledges her findings of four instances of maladministration in the appointment process;
Amendment 78 #
2019/2134(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the Ombudsman’s continuous efforts to influence change in the EU institutions by participating in public consultations that touch on her work; Welcomes her suggestions to improve the transparency of the EU risk assessment model in the food chain among which that the European Food Safety agency publish agendas and minutes of meetings related to risk assessment;
Amendment 79 #
2019/2134(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Encourages her to continue her own initiative inquiry into transparency of EMA and pharmaceutical companies’ pre-submission applications for market authorisation interaction, and the public consultation which ran until January 2019;
Amendment 80 #
2019/2134(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Supports the Ombudsman in sensitising the EU institutions towards stronger anti-harassment policies;
Amendment 84 #
2019/2134(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Ombudsman to continue monitoring the compliance of the Joint Sickness Insurance Scheme (JSIS) with the UNCPRD; urges the Commission to update the text of the General Implementing Provisions (GIPs), which govern the operation of the JSIS as regards medical expenses of persons with disabilities or serious illness;
Amendment 88 #
2019/2134(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes her inquiry into how the European Safety Agency treats safety reports, which resulted in the agency changing its practice so that those who report safety concerns receive a feedback;
Amendment 89 #
2019/2134(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Ombudsman’s initiative for an Award for Good Administration, which recognises the efforts of the EU civil service to find innovative ways of implementing citizen- friendly policies;
Amendment 94 #
2019/2134(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Expresses its appreciation of the excellent and fruitful cooperation of the Ombudsman and her team with the Committee on Petitions;;
Amendment 10 #
2019/2028(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the overall reduction of AMIF commitment appropriations by 15,4 % (-172 million euros) compared to 2019; regrets the decrease of commitment appropriations aimed at strengthening and developing the CEAS and enhancing responsibility-sharing between Member States (-29,5 %) compared to 2019; acknowledges, all the same, that the commitment appropriations remain well above the level established in Budget 2018 and realises that the decrease is, at least in part, linked to the fact that the reform of the Dublin Regulation has been blocked because of political inertia in the Council; recalls the importance of providing adequate financial capacity to improve the integration of migrants as well as re- integration of migrants who forcibly or voluntarily returned to a third country, and to respond to emergency assistance needs of Member States under migratory pressure; expresses its disappointment at the fact that the AMIF budget does not include some financial reserves to finance the reformed Dublin legislation and the new Union Resettlement schemes in case of adoption during 2020; proposes to foresee an amount in the reserve for temporary arrangements for disembarkation in the Union and relocation of people rescued in the Mediterranean; calls, in that context, for the development of more sustainable long-term funding instruments for search and rescue operations carried out by the Union or its Member States in the Mediterranean; requests, in order to free financial resources, that the EU Trust Fund for Africa and the Regional development protection programmes for North Africa that primarily support external policies of the Union are funded by Heading IV of the Union budget (Global Europe) instead of by AMIF under Heading III (Security and Citizenship);
Amendment 11 #
2019/2028(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to increase the number of budget lines under AMIF to facilitate greater transparency regarding how the financial resources of the Fund are allocated to the different objectives of that Fund; calls, in particular, for the clear separation of expenditure on enhancing fair return strategies from expenditure on legal migration and promoting effective integration of third country nationals;
Amendment 32 #
2019/2028(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that the budget of the EBCG has increased by 34,8 % (+108 million euros) in 2020 which is by far the largest increase among all JHA agencies; recalls that the Court of Auditors identified as part of the discharge of the 2017 Budget that Member States overestimated the financial need of the EBCG in 2017; underlines that when the objective of providing the EBCG with more human resources (10.000 border guards by 2027), the number of migrants arriving irregularly over sea or land in the Union has substantially decreased compared to previous years; suggests that such boost in resources should also be used for rescuing lives at sea; regrets the remarkable difference between the commitment appropriations assigned to EBCG (420 million euros) in 2020 and the amount accorded to EASO (133 million euros); calls for EASO to be transformed into a fully-fledged decentralised Union agency with a greatly enhanced mandate and suggests that the budget and staffing of EASOthat Agency should be increased correspondingly for a better performance of the duties entrusted to ithe Agency;
Amendment 38 #
2019/2028(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the Commission did not follow the budgetary request of Europol and proposed to underfund the Agency by 30 million euros in 2020; nNotes that the decrease of the eu- LISA commitment appropriations by 18,7 % (-55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;
Amendment 59 #
2019/2028(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Encourages the Commission to strengthen support for investigative journalism, including cross-border investigative journalism, and media freedom through dedicated funds;