27 Amendments of Marc ANGEL related to 2021/2180(INI)
Amendment 7 #
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, 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 and their fundamental rights can only be ensured throughout the Union if all Member States fully comply with all principles of the rule of law;
Amendment 8 #
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Stresses that the rule of law is among the common values of the Union and thus essential to achieve its objectives; points out that its promotion and upholding is a shared responsibility between the EU and the Member States;
Amendment 10 #
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the rule of law includes principles such as legality, legal certainty, the separation of powers, the prohibition of the arbitrary exercise of executive power, effective judicial protection by independent and impartial courts in full respect of fundamental rights, the enforcement of judgments including the permanent subjection of all public authorities to established laws and procedures, and equality before the law; underlines that such principles are common to all Member States regardless of their distinct legal systems;
Amendment 19 #
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; calls on Member States to protect judges and prosecutors from political attacks and pressures, which attempt to undermine their work, so as to fully preserve their independence;
Amendment 21 #
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the high amount of petitions1 in relation to the impact and challenges brought by the COVID-19 pandemic; calls for an investigation into whether COVID-19-related measures were limited in time and whether their necessity andin this regard, reminds that the Venice Commission is currently monitoring the measures taken in the Member States as a results of the pandemic and their impacts on democracy, rule of law and fundamental rights and its monitoring should be an opportunity to investigate whether such measures were always proportionality waste and justified; requests an assessment of the checks and balances during the pandemic,in this regard, stresses that Member States should capitalise from the COVID-19 esxpecially given that courts in several Member States have already ruled that certain measures were not consistent with the national constitution; underlines the need to have a clear legal regime in place before a crisisrience to make sure that future crises will be handled with the necessary accountability and transparency; commends the efforts made by the Ombudspersons and human rights institutions to ensure the continuity of their work in spite of the great challenges they were facing; _________________ 1 Petitions No 1438/2020, 1469/2020, 1493/2020, 1501/2020, 0038/2021, 0046/2021, 0053/2021, 0106/2021, 0152/2021, 0186/2021 and 0533/2021.
Amendment 27 #
Draft opinion
Paragraph 5
Paragraph 5
Amendment 34 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the EU institutions and the Member States to improve the effectiveness of the judicial system also by developing the digitalisation processtructural reforms and high- level of digitalisation, which has proven effective in backlogs ' prevention, especially during the first phase of the COVID-19 pandemic; stresses that adequate financial and human resources are key to develop effective justice systems;
Amendment 42 #
Draft opinion
Paragraph 7
Paragraph 7
7. Is deeply concerned about the status of Poland’s Constitutional Tribunal, the close connection between prosecutors and the government (in particular the Public Prosecutor General/Minister of Justice) and the complete disregard for not only EU law requirements, but also European Convention on Human Rights and Polish Constitutional requirements2 ; is further concerned about the impartiality of the judiciary in Hungary3 and the independence of the judiciary in Spain4 ; _________________ 2 Petitions No 0559/2020, 1154/2020, 1246/2020, 1360/2020 and 0869/2021. 3 Petition No 1512/2020. 4 Petitions No 1180/2020, 1182/2020, 1326/2020, 1367/2020, 1561/2020 and 0353/2021.
Amendment 56 #
Draft opinion
Paragraph 9
Paragraph 9
9. Invites the Commission to take measures to strengthen corruption prevention6 in order to create more transparency in public administration and improve access to information about lobbying and oversight of political party financing; stresses that anti-corruption measures are key to defend the Union’s economic interests and its sustainable growth; emphasises that such measures, especially in pandemic-related processes, are imperative to prevent violations and malpractice threatening Member States and the Union’s recovery from the crisis; _________________ 6 Petitions No 0822/2020 and 0194/2020.
Amendment 58 #
Draft opinion
Paragraph 9 – subparagraph 1 (new)
Paragraph 9 – subparagraph 1 (new)
Warns Member States of the risks of jeopardising the fight against corruption and increasing breaches of the rule of law incurred during the COVID-19 pandemic, particularly in its initial phase; underlines that those risks have increased due to the general acceleration of the decision- making process and the simplification of public administration procedures such as public procurement resulting in non- competitive or direct awards;
Amendment 59 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on Member States to regulate the “revolving doors” phenomenon by disciplining the movement of high-level employees from public-sector jobs to private-sector jobs and vice versa with the aim of preventing conflict of interests; in this regard, encourages to follow best practice already enforced in some Member States, with special regard to the prevention and management of conflicts of interest;
Amendment 61 #
Draft opinion
Paragraph 10
Paragraph 10
10. Expresses its concern about the security of whistleblowers who report acts of corruption7 or other illegal activities8 and thereupon experience violations of their fundamental rights; ; highlights how the COVID-19 pandemic has unveiled the importance of whistleblowing for public security and safety on a grand and smaller scale; emphasises how the COVID-19 pandemic, as well as any other crisis, could discourage potential whistleblowers fearing for their physical and financial integrity; _________________ 7 Petition No 0242/2021. 8 Petition No 1056/2021.
Amendment 66 #
Draft opinion
Paragraph 11
Paragraph 11
11. Regrets the fact that that the safety of journalists is not universally guaranteed; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to assure freedom of expression and the right to information and safeguard the journalistic profession; stresses the difficulties faced by journalists and media in providing citizens with fact-check information about the COVID-19 pandemic;
Amendment 70 #
Draft opinion
Paragraph 11 – subparagraph 1 (new)
Paragraph 11 – subparagraph 1 (new)
Expresses its concern about journalists’ deteriorating economic and working conditions during the COVID-19 pandemic and the ensuing crisis, underlining a substantial increase in the unemployment rates in the sector; welcomes the use of compensatory measures to support the sector; reminds that such measures should always comply with the principles of transparency, fairness, equal and non-discriminatory access;
Amendment 71 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Urges Member States to pay close attention to abuse of strategic lawsuits against public participation (SLAPPs) and particularly on how they affect smaller news outlets and freelancers; notes that SLAPPs abuse and lawsuit increasing, including intimidating actions, may easily lead to media self- censorship;
Amendment 84 #
Draft opinion
Paragraph 14
Paragraph 14
14. Is concerned about the increase in hate crimes against minorities, in particular those related to religious beliefs, political ideas and sexual orientation12 ; is awdeplores the large of the difficult balance betweennumber of petitions received in 2021 reporting hate speeches and freedom of expression and acknowledges that the boundaries are hard to definehate crimes against LGBTQI+ people13a as well as restriction of the freedom of expression14a ; notes that most of them refer to a substantial lack of legal protection for LGBTQI+ citizens in some Member States; _________________ 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. 13a Petition No 0436/2021, 0471/2021 and 0480/2021 14a Petition No 0436/2021 and 0471/2021.
Amendment 90 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Council of Europe’s Committee of Experts on Combatting Hate Speech has prepared a draft Committee of Ministers Recommendation on Hate Speech, which provides non- binding guidance on how to address the phenomenon, currently awaiting adoption in 20221a; whereas the newly established Committee of Experts on Combatting Hate Crime is tasked with preparing until end of 2023 a draft Committee of Ministers Recommendation on Hate Crime; _________________ 1a Draft text of the Committee of Ministers Recommendation on Combating Hate Speech, accessible at https://rm.coe.int/draft-recommendation- on-combating-hate-speech-public- consultation-v-18/native/1680a2ef25; News announced at https://www.coe.int/en/web/committee- antidiscrimination-diversity-inclusion/- /the-cdadi-finalised-important- deliverables-at-its-fourth-plenary- meeting.
Amendment 97 #
Draft opinion
Paragraph 15
Paragraph 15
15. Stresses that the findings of the Rule of Law report should be operationalised in concrete policy actions and that the report should only serve conjointly with other instruments, such as infringement procedures, the procedures enshrined in the Conditionality Regulation13 , the rule of law framework and Article 7 of the Treaty on European Union; urges the Commission to use its tools more effectively and in a timely manner; asks the Commission to introduce deadlines for the recommendations based on the Rule of Law report as well as for the implementation of the policy actions; _________________ 13 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433I , 22.12.2020, p. 1.
Amendment 102 #
Draft opinion
Paragraph 16
Paragraph 16
16. Underlines that the role of civil society organisations and NGOs is of particular importance recalls that civil society organizations must be able to operate without unjustified interference by state authorities; calls on the Commission to foster debates with civil society organisations and NGOs 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. and NGOs, including smaller ones; calls on Member States to apply the principles of transparency and disclosure with regard to the selection of the civil society organisations and NGOs involved;
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 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 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.