15 Amendments of Jacek PROTASIEWICZ related to 2012/2130(INI)
Amendment 33 #
Motion for a resolution
Recital F
Recital F
F. whereas, with the entry into force of the Treaty of Lisbon and pursuant to Article 6 TEU, the Charter has the same legal value as the Trebecame legally binding and Member Staties, hence transforming values and principles into tangible and enforceable rights must ensure its full application when implementing EU law;
Amendment 67 #
Motion for a resolution
Recital V
Recital V
V. whereas the scale of the comprehensive and systematic constitutional and institutional reforms (a root-and-branch revision of the legal system), which the new Hungarian Government has carried out in an exceptionally short time frame6 is unfull compliance with the applicable preocedented, andural requirements, explains why so many European institutions and organisations (the European Union, Council of Europe, OSCE) as well as the U.S. Administration have deemed it necessary to assess the impact of some reforms carried out in Hungary, wherea; whereas there should be no double standards in the treatment of Member States, thus the situation in other Member States, although following a different pattern, may also need tthe same pattern should also be monitored, while enforcingotherwise the principle of equality of the Member States before the Treaties, and whereas there should be no double standards in the treatment of Member States is not respected;
Amendment 68 #
Motion for a resolution
Recital V – footnote 6
Recital V – footnote 6
Amendment 171 #
Motion for a resolution
Recital BX
Recital BX
BX. whereas freedom of thought, conscience and religion as enshrined in Article 9 of the ECHR and Article 10 of the Charter is one of the foundations of a democratic society, and w, and whereas according to the Treaty of Lisbon the legislation on the reas the role of the State in this respect should be that of a neutral and impartial guarantor of the right to exercise various religions, faiths and beliefslation between the State and the churches belongs to the Member States' competence; thus there are many differences in how churches are recognized in Member States from official state religion (e.g.: Denmark, Greece, Malta) up to solely operating in the form of associations (e.g.: France);
Amendment 223 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that use of the individual members' bills procedure to implement the constitution (through cardinal laws) does not constitute a transparent, accountable andis in full compliance with the applicable procedural requirements, and is part of the democratic legislative process, as in practice it restricts public debate and consultation, and that it could run counter to Fundamental Law itself, which makes it an obligation for the government (and not individual members) to submit to the parliament the bills necessary for the implementation of the Fundamental Lawnobody more accountable than a Member of Parliament who may be dismissed by the electors at the next elections. Denying this right of the members of Parliament with reference to the democratic values common to EU member States would lead us to a conclusion that democratically elected MPs cannot exercise their representative roles;
Amendment 224 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Shares the opinion of the Venice Commission (No CDL-AD(2012)001), according to which the adoption of a large amount of legislation in a very short time frame could explain why some of the new provisions do not comply with European standards, although it reminds that the Commission admitted that there was a need to improve the efficiency of the previous system;
Amendment 241 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that after the entry into force of the Fourth Amendment the Constitutional Court's can no longerpacity to fulfil its role as the supreme body of constitutional protection as the legislature is now entitled to modify the Fundamental Law as it wishes even in the case of the constitutional amendments contradicting other constitutional requirements and principlesshould be assessed by the Venice Commission;
Amendment 245 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is deeply concerned about this shift of powers in constitutional matters to the advantage of the parliament and to the detriment of the Constitutional Court, which severely underminesUnderlines the importance of the principle of separation of powers and a correctly functioning system of checks and balances, which are key corollaries of the rule of law;
Amendment 261 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. DeplorUnderlines that the above-mentioned institutional changes resulted in a clear weakeninghave to be assessed in the context of the systems of checks and balances required by the rule of law and the democratic principle of the separation of powers;
Amendment 271 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Regrets, howBeliever,s that not all the recommendations of the Venice Commission haveshould been implemented, in particular as regards the need to limit discretionary powers of the President of the National Judicial Office in the context of the transfer of cases, which potentially could affect the right to a fair trial and the principle of a lawful judge;
Amendment 322 #
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Objects the use of double standards in the treatment of a Member States; stresses that same situations, legal provisions should be treated similarly, otherwise the principle of equality of the Member States before the Treaties is not respected;
Amendment 324 #
Motion for a resolution
Paragraph 48
Paragraph 48
48. ReaffirmsTakes note of the fact that its present resolution is not only about Hungary, but inseparably about the European Union as a whole, and its democalthough several issues raised are present in the legal system and practic reconstruction and development after the fall of the 20th century totalitarianisms. It is about the European family, its common values and standards, its inclusiveness and its capacity to engage in dialogue. It is about the need to implement Treaties which all Member States have voluntarily acceded to. It is about the mutual help and mutual trust that the Union, its citizens and Member States need to havee of several Member States; Regrets that the principle detailed in Article 4(2) - according to which "the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent ifn these Treaties are to be more than just words on paper but the legal basis for a true, just and open Europe respecting fundamental rightsir fundamental structures, political and constitutional" - was not taken into account;
Amendment 326 #
Motion for a resolution
Paragraph 49
Paragraph 49
49. Shares the idea of a Union which is not only a ‘union of democracies’ but also a ‘Union of Democracy’, based upon pluralistic societies where respect for human rights and the rule of law prevail; and stresses that the freely elected Parliaments are excepted as basic elements of democracy;
Amendment 332 #
Motion for a resolution
Paragraph 51
Paragraph 51
Amendment 385 #
Motion for a resolution
Paragraph 61 – introductory part
Paragraph 61 – introductory part
61. Urges the Hungarian authorities to implement the following recommendations without any further delay, with a view to fully restoring the rule of law and its key requirements Repeats its resolution of 16 February 2012 on the recent political developments in Hungary, which "Instructs the Committee on Civil Liberties, Justice and Home Affairs, in cooperation with the European Commission, the Council of Europe and the Venice Commission, the constitutional setting, the systemo follow up the issue of cwhecks and balances and the independence of the judiciary, as well as strong safeguards for fundamental rights, including freedom of expression, media and religion and the right to property:ther and how the recommendations of the Commission and the European Parliament set out in point 4 of this resolution have been implemented and to present its findings in a report;"