Activities of Heidi HAUTALA related to 2021/2025(INI)
Plenary speeches (1)
The Commission’s 2020 rule of law report (debate)
Shadow opinions (1)
OPINION on the Commission’s 2020 Rule of Law Report
Legal basis opinions (0)
Amendments (6)
Amendment 18 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the need for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers; Emphasizes that the rule of law means safeguarding fundamental and human rights of all members of the society, not just the will and might of the majority; notes that the democracy, fundamental and human rights and functioning institutions are the cornerstones of a flourishing society and that it is crucial to guarantee the the rule of law, access to justice and functioning of the institutions also in exceptional circumstances; stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the need for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers; suggests that Member States together with the Commission assess possible needs to reinforce the constitutional guarantees of the independence of courts and judiciary in each respective Member State so that the proper functioning of the rule of law can be guaranteed and the rights of individuals and minorities can be protected also in exceptional circumstances and that the court system and the judiciary are able to withstand actions and measures that aim to weaken and undermine the rule of law;
Amendment 28 #
Draft opinion
Paragraph 4
Paragraph 4
4. Is deeply preoccupied by the fact that judicial independence continues to be a subject of serious concern in some Member States; expresses its regret that Hungary and Poland lodged an action for annulment of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget in March 2021, which aims to address breaches of the rule of law with an impact on the Union’s financial interests; asks the Commission to include in the report a distinctive part with an analysis of cases where breaches of the principles of 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 way;
Amendment 35 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is also preoccupied that an increasing number of Member States adopt measures which severely constraint the freedom of association and expression for civil society organisations, sometimes targeting foreign organisations, thus contributing to shrinking space for civil society; calls on the Commission to meet civil society alongside with national authorities during country visits online and offline, and to take their contributions seriously into account;
Amendment 43 #
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the periodic review of the rule of law is of great significance and commends the efforts of the Commission to encourage structural reforms in the areas covered by the Report; believes, however, that while it is an essential monitoring tool, clear recommendations on the challenges identified and the required follow-up action is indispensable; urges the Commission to make robust use of infringement procedures where appropriate, to prevent backsliding on the rule of law in national justice systems and; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU; urges the Council to resume all pending procedures under Article 7(1) of the TFEU and to inform the Parliament thereof, and calls on the Council to ensure that hearings under Article 7(1) of the TEU also address new developments;
Amendment 49 #
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with satisfaction that the Report contains separate national chapters attempting to lay down a common methodology; calls on the Commission, however, to provide a meaningful comparison between the different national justice systems, to underline where best practices for comparable systems might be applied and how similar deficiencies could be addressed; also recommends that the Commission mentions potentially applicable tools immediately next to each country-specific recommendation;
Amendment 59 #
Draft opinion
Paragraph 7
Paragraph 7
7. NInsists on the crucial importance of ensuring a strict implementation of the Rule of Law in the digital public and private space; warns against the use of algorithm-based tools in the judicial system and requires the sovereign discretion of judges and decision-making on a case-by-case basis to be upheld; calls on the Commission to impose a ban on the use of AI and related technologies for proposing judicial decisions; notes that the Report rightfully addresses the necessary digitalisation of justice proceedings and training for judges, including on the rule of law and the Charter of Fundamental Rights (the Charter); regrets that the Report is silent on training for advocates; regrets that the Report does not cover the rights laid down in Article 47 of the Charter, such as the right to be defended and represented and the right to legal aid; calls on the Commission to extend the scope of its next Report to those areas.