9 Amendments of Sandro GOZI related to 2021/2025(INI)
Amendment 16 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report is a partial response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018Parliament´s report on EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)1a ; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEU; and weakens one of the most important instruments of the Union´s rule of law toolbox; _________________ 1aEuropean Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL))
Amendment 23 #
Draft opinion
Paragraph 3
Paragraph 3
3. RegretUnderlines that the report is a first step to reply to Parliament´s requests but fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rights; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights, as proposed by Parliament1 ; calls on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
Amendment 30 #
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; invites the Commission to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, the fight against impunity and equality between prosecution and defence parties; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measuresinvites the Commission to include in future reports data related to the level of compliance of Member States with CJEU rulings and to signal the cases of resistance to apply them;
Amendment 33 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 37 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that the report should go beyond monitoring and include clear recommendations regarding preventive and corrective actions that must be adopted by concerned Member;
Amendment 40 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Commission to further invest in tools for the collection and analysis of data, ensure the diversity of relevant information sources and ensure transparency about methodology and criteria when including or excluding facts, so as to further substantiate the findings in future reports;
Amendment 47 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced, without delay, with regard to all EU funds, including Next Generation EU;
Amendment 50 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to develop proposals to further strengthening of the Rule of Law toolbox if, despite the current instruments and efforts, significant violations of the values enshrined in Article 2 of the TEU persist; proposes to expand the scope of the non- discrimination clause in the European Charter of Fundamental Rights, and to render it universal, to enable the enforcement of the Rule of Law in Member States and the Union consistent with article 14 of the European Human Rights Convention; calls, in the meantime, on all EU institutions to give the non-discrimination clause the broadest possible legal interpretation;
Amendment 129 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that the slowness of civil, criminal and administrative judicial procedures are now common practice, which, as the Committee of Ministers of the Council of Europe has emphasized over time, "constitute a major danger, in particular for the respect of the rule of law"; calls on the Commission to include in its report on the Rule of Law an evaluation of prison conditions, judicial backlogs and the average duration of trials for each Member State; recommends, when possible, alternative measures such as parole, suspended and reduced sentences, probation and court supervision, and when relevant amnesties;