Activities of Kazimierz Michał UJAZDOWSKI related to 2015/2254(INL)
Plenary speeches (2)
EU mechanism on democracy, the rule of law and fundamental rights (debate) PL
EU mechanism on democracy, the rule of law and fundamental rights (A8-0283/2016 - Sophia in 't Veld) PL
Shadow opinions (1)
OPINION on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights
Amendments (59)
Amendment 3 #
Motion for a resolution
Heading 1
Heading 1
Amendment 5 #
Draft opinion
Indent 1 – paragraph 1
Indent 1 – paragraph 1
1. Expresses the view that the Member States of the European Union should move, by consensus, towards a shared culture of the meaning ofin which the rule of law in the 28 Member States to be applied by all concerned even- handedlys promoted and implemented;
Amendment 14 #
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(31) TEU, Article 295and (3) TFEU and Protocol No 1 on the role of national parliaments in the European Union,
Amendment 17 #
Motion for a resolution
Citation 5
Citation 5
— having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’), proclaimed on 12 December 2007 in Strasbourg, which entered into force with the Treaty of Lisbon in December 2009, with particular reference to Article 51 thereof, under which the Charter does not extend the scope of Union law outside the areas of Union competence and does not establish any new power or task for the Union or modify powers and tasks defined by the Treaties,
Amendment 19 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to Declaration 1 concerning the Charter of Fundamental Rights of the European Union annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, in particular the second paragraph thereof, under which the Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined by the Treaties,
Amendment 21 #
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
– having regard to Declaration 53 by the Czech Republic on the Charter of Fundamental Rights of the European Union, in particular paragraph 3 thereof, under which, in so far as the Charter recognises fundamental rights and principles as they result from constitutional traditions common to the Member States, those rights and principles are to be interpreted in harmony with those traditions,
Amendment 22 #
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
– having regard to Article 51 TEU, under which the protocols and annexes to the Treaties form an integral part thereof,
Amendment 32 #
Motion for a resolution
Citation 11
Citation 11
– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 , __________________ 1 http://fra.europa.eu/sites/default/files/fra_s ubmission_on_the_future_of_eu_justice.pd f
Amendment 37 #
Motion for a resolution
Citation 12
Citation 12
Amendment 37 #
Draft opinion
Indent 1 – paragraph 4
Indent 1 – paragraph 4
4. Considers it important to work towards a new consensus between the EU and its Member States with the aim of promoting democracy, the rule of law and fundamental rights, proceeding from the basis that unless extreme care is taken, there will always be a danger of politicising legality;
Amendment 38 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to Council Legal Service opinion 10296/14 of 27 May 2014, in particular paragraph 17 thereof, according to which respect for the rule of law by the Member States cannot be, under the Treaties, the subject matter of an action by the institutions of the Union irrespective of the existence of a specific material competence to frame this action, with the sole exception of the procedure described in Article 7 TEU; only this legal basis provides for a Union competence to supervise the application of the rule of law, as a value of the Union, and, according to paragraph 18 of the opinion, it does not set a basis to further develop or amend that procedure,
Amendment 40 #
Motion for a resolution
Citation 13
Citation 13
Amendment 40 #
Draft opinion
Indent 1 – paragraph 4 a (new)
Indent 1 – paragraph 4 a (new)
4a. Believes that creating a new EU mechanism on democracy, the rule of law and fundamental rights in an inappropriate form may lead to a situation in which small and medium-sized countries will feel dominated by larger, more powerful countries;
Amendment 42 #
Motion for a resolution
Citation 15
Citation 15
Amendment 46 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to Council Legal Service opinion 10296/14 of 27 May 2014, according to which the new EU Framework for the Rule of Law as set out in the Commission's communication is not compatible with the principle of conferral which governs the competences of the institutions of the Union,
Amendment 48 #
Motion for a resolution
Citation 19
Citation 19
Amendment 54 #
Motion for a resolution
Citation 20
Citation 20
Amendment 54 #
Draft opinion
Indent 2 – paragraph 6
Indent 2 – paragraph 6
6. RecommendsNotes that the establishment onf an EU mechanism for Don democracy, the Rrule of Llaw and Ffundamental Rrights which would include all relevant stakeholders; considers that this would, however, requires a Treaty change;
Amendment 56 #
Draft opinion
Indent 2 – paragraph 6 a (new)
Indent 2 – paragraph 6 a (new)
6a. Believes that one of the fundamental values of the European Union is a culture of compromise and consensus, with the result that the existing integration process continues to develop; believes that introducing a new EU mechanism on democracy, the rule of law and fundamental rights may lead to a situation in which that culture of compromise and consensus is replaced by unbalanced and inadequate resources, exposing the EU institutions to accusations of bias;
Amendment 60 #
Draft opinion
Indent 2 – paragraph 6 b (new)
Indent 2 – paragraph 6 b (new)
6b. Warns that introducing a new EU mechanism on democracy, the rule of law and fundamental rights may generate rhetoric which is unhelpful to EU integration and leads to bigger, more powerful countries imposing themselves on small and medium-sized countries at the cost of their identity in terms of constitutional and political structures;
Amendment 61 #
Draft opinion
Indent 2 – paragraph 6 c (new)
Indent 2 – paragraph 6 c (new)
6c. Warns that introducing a new EU mechanism on democracy, the rule of law and fundamental rights could disturb the fine line separating matters which remain the responsibility of the individual Member States;
Amendment 63 #
Motion for a resolution
Citation 21
Citation 21
Amendment 67 #
Motion for a resolution
Citation 22
Citation 22
Amendment 74 #
Draft opinion
Indent 2 – paragraph 10
Indent 2 – paragraph 10
Amendment 87 #
Motion for a resolution
Recital B
Recital B
B. whereas, in accordance with Article 2, Article 3(1) and Article 7 TEU, the Union avails itself of the possibility to act in order to protect its "constitutional core", reflected by the common values it shares with its Member States, though it must do so on the basis of unanimity;
Amendment 104 #
Motion for a resolution
Recital D
Recital D
D. whereas respect for the rule of law within the Union is a precondition forn important part of mutual recognition and trust, key factors forwhich are relevant to policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionis a threat to which the response should be to initiate the procedure provided for in Article 7 TEU;
Amendment 109 #
Motion for a resolution
Recital E
Recital E
E. whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majoritiesshould be permanent and immutable;
Amendment 125 #
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impedein accordance with Article 4(2) TEU, a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF)should respect the Member States’ constitutional identity;
Amendment 142 #
Motion for a resolution
Recital I
Recital I
Amendment 150 #
Motion for a resolution
Recital J
Recital J
Amendment 167 #
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliancecomply with the Union’s common values;
Amendment 184 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the Court of Justice of the European Union is competent to interpret EU law, while assessment of the compatibility of national law with EU law is a matter for national courts;
Amendment 188 #
Motion for a resolution
Recital O
Recital O
O. whereas the need for more effective and binding mechanisms to ensure full application of Treaty principles and values has been recognised by both Commission and Council, and put into practice by the creation of the European Commission Rule of Law Framework and the Council Rule of Law DialogueCommission’s creation of a Rule of Law Framework and the start of the Council’s Rule of Law Dialogue from the very beginning gave rise to doubts about compatibility with the Treaties, in particular with the principle of conferral;
Amendment 190 #
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;
Amendment 204 #
Motion for a resolution
Recital S
Recital S
Amendment 216 #
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantees respect for DRF, the Union and its Member States have a duty toalthough mechanisms exist under international law which can be applied with regard to the protection of the rights of the residents of that Member State, new international agreements in this area can broaden the protection of fundamental rights;
Amendment 226 #
Motion for a resolution
Recital U
Recital U
Amendment 235 #
Motion for a resolution
Recital V
Recital V
Amendment 246 #
Motion for a resolution
Recital W
Recital W
Amendment 256 #
Motion for a resolution
Recital X
Recital X
X. whereas the establishment of an EU Pact forcooperation and dialogue between Member States on DRF is without prejudice to the direct application of Article 7(1) and (2) TEU;
Amendment 260 #
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 268 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to conclude a new international agreement establishing permanent cooperation and dialogue on promoting DRF;
Amendment 272 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 285 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the first, pilot phase of this promotion could be a Europe-wide debate with the participation of Member State governments, national parliaments and European institutions, as well as other institutions that are responsible for promoting fundamental rights;
Amendment 293 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present, by Junesubmit, by December 20176 at the latest, a new draft agreement forreport on the state of play in the negotiations on the accession of the Union to the ECHR, taking into account the Opinion 2/13 of the Court of Justice of the European Union (CJEU) of 18 December 2014;
Amendment 310 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national governments or the institutions of the Union;
Amendment 318 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens’ rights to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionfundamental rights at EU level;
Amendment 326 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Invites the CJEU to make proposals in order to speed up its procedures, with a view to improving access to justice at EU level for individuals challenging violations of DRF by the EU institutions;
Amendment 337 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, alsoCommission assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 349 #
Motion for a resolution
Paragraph 9 – introductory part
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:develop the promotion of DRF;
Amendment 350 #
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 359 #
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 363 #
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
Amendment 374 #
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 377 #
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 387 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 394 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasises that any action in the field of promoting DRF should be in keeping with the principle of subsidiarity;
Amendment 395 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 403 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the parliaments and governments of the Member States.