19 Amendments of Diana RIBA I GINER related to 2021/2180(INI)
Amendment 40 #
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to the report of the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society(2021/2036(INI)),
Amendment 95 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the rights to freedom of expression, to information and to public participation, are among the cornerstones of democracy;
Amendment 98 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Amendment 101 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Strategic Lawsuits Against Public Participation (SLAPPs)are lawsuits or other legal actions (e.g. injunctions, asset-freezing) brought forward by private individuals and entities, and also by public officials, public bodies and publicly controlled entities, directed at one or more individuals or groups, using a variety of legal bases mostly in civil and criminal law, as well as the threats of such actions, with the purpose of preventing investigation and reporting on breaches of Union and national law, corruption or other abusive practices or of blocking or otherwise undermining public participation;
Amendment 105 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Amendment 107 #
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas SLAPPs can be a tool to reduce media pluralism at the systemic level by exercising a chilling effect on independent media;
Amendment 108 #
Motion for a resolution
Recital D f (new)
Recital D f (new)
Df. whereas victims and targets of SLAPP covers journalists, publishers and media organisations, academics, NGOs, civil society and other actors engaging in public participation, such as those working on human rights and environmental issues;
Amendment 186 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted in fast track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 192 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should 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; highlights that the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons.
Amendment 229 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that recent revelations such as the NSO Pegasus scandal confirm that spying against human rights defenders, journalists and political opponents, among others, is an extremely alarming matter and appear to confirm the dangers of the misuse of surveillance technology by Member States to undermine the Rule of law and human rights;
Amendment 230 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points out that several Member States have long-lasting problems regarding the composition of their councils of the judiciary and appointment of judges, which are too often vulnerable to political interference; insists that Member States must fully comply with EU and international law regarding judicial independence;
Amendment 247 #
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 antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+Q 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; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 253 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights;
Amendment 258 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Points out that strategic lawsuits against public participation (SLAPPs) not only severely undermine the right of effective access to justice of SLAPP victims, and thereby the rule of law, but also constitute a misuse of Member States’ justice systems and legal frameworks, especially by hampering the ability of Member States to successfully address existing challenges, such as the length of proceedings and the quality of justice systems, as well as caseload administration and case backlogs;
Amendment 259 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Deplores the fact that, in some Member States, freedom of expression, freedom of the arts and freedom of assembly are severely curtailed and restricted; recalls that many artists, journalists or activists have received and continue to receive heavy fines, long periods of exclusion from the public sector or have even been imprisoned or went to exile due to the existence of unjust national laws that criminalise, silence and restrict freedom of expression and freedom of the arts; calls on the Commission to assess the misuse of justice systems in the annual report;
Amendment 268 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 357 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 365 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Is concerned by the persistent failure by some Members States to implement CJEU judgements, which contribute to the erosion of the rule of law; calls on the Commission to report on the respective country chapters about the implementation of judgements by Member States in cases of partial or lack of implementation; encourages the Commission to engage with authorities in order to find suitable solutions for complete implementation and to update the information on an annual basis; recalls that the failure by Romania to implement the Coman & Hamilton judgement1a resulted in the plaintiffs having to resort to the ECtHR for redress; _________________ 1a Judgment of the Court (Grand Chamber) of 5 June 2018 (C-673/16), Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne.