BETA

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
2016/11/22
Dossiers: 2015/2254(INL)
EU mechanism on democracy, the rule of law and fundamental rights (A8-0283/2016 - Sophia in 't Veld) PL
2016/11/22
Dossiers: 2015/2254(INL)

Shadow opinions (1)

OPINION on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights
2016/11/22
Committee: AFCO
Dossiers: 2015/2254(INL)
Documents: PDF(139 KB) DOC(71 KB)

Amendments (59)

Amendment 3 #
Motion for a resolution
Heading 1
with recommendations to the Commission on the establishment of an EU mechanism onon new ways for the EU institutions and the Member States to promote democracy, the rule of law and fundamental rights
2016/06/21
Committee: LIBE
Amendment 5 #
Draft opinion
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;
2016/04/05
Committee: AFCO
Amendment 14 #
Motion for a resolution
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,
2016/06/21
Committee: LIBE
Amendment 17 #
Motion for a resolution
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,
2016/06/21
Committee: LIBE
Amendment 19 #
Motion for a resolution
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,
2016/06/21
Committee: LIBE
Amendment 21 #
Motion for a resolution
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,
2016/06/21
Committee: LIBE
Amendment 22 #
Motion for a resolution
Citation 5 c (new)
– having regard to Article 51 TEU, under which the protocols and annexes to the Treaties form an integral part thereof,
2016/06/21
Committee: LIBE
Amendment 32 #
Motion for a resolution
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
2016/06/21
Committee: LIBE
Amendment 37 #
Motion for a resolution
Citation 12
– having regard to the deletter of the Ministers of Foreign Affairs of Germany, Denmark, Finland and the Netherlands to the Commission President of 6 March 20132, __________________ 2 http://www.rijksoverheid.nl/bestanden/doc umenten-en- publicaties/brieven/2013/03/13/brief-aan- europese-commissie-over-opzetten- rechtsstatelijkheidsmechanisme/brief- aan-europese-commissie-over-opzetten- rechtsstatelijkheidsmechanisme.pdfd
2016/06/21
Committee: LIBE
Amendment 37 #
Draft opinion
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;
2016/04/05
Committee: AFCO
Amendment 38 #
Motion for a resolution
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,
2016/06/21
Committee: LIBE
Amendment 40 #
Motion for a resolution
Citation 13
– having regard to the Italian presidency note on 'Ensuring respect for the rule of law in the European Union' of 15 November 20143, __________________ 3 http://register.consilium.europa.eu/doc/sr v?l=EN&f=ST%2015206%202014%20IN ITdeleted
2016/06/21
Committee: LIBE
Amendment 40 #
Draft opinion
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;
2016/04/05
Committee: AFCO
Amendment 42 #
Motion for a resolution
Citation 15
– having regard to the 'Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies' of 19 December 2014, 5377/154, __________________ 4 http://data.consilium.europa.eu/doc/docu ment/ST-5377-2015-INIT/en/pdfdeleted
2016/06/21
Committee: LIBE
Amendment 46 #
Motion for a resolution
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,
2016/06/21
Committee: LIBE
Amendment 48 #
Motion for a resolution
Citation 19
– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,deleted
2016/06/21
Committee: LIBE
Amendment 54 #
Motion for a resolution
Citation 20
– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,deleted
2016/06/21
Committee: LIBE
Amendment 54 #
Draft opinion
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;
2016/04/05
Committee: AFCO
Amendment 56 #
Draft opinion
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;
2016/04/05
Committee: AFCO
Amendment 60 #
Draft opinion
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;
2016/04/05
Committee: AFCO
Amendment 61 #
Draft opinion
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;
2016/04/05
Committee: AFCO
Amendment 63 #
Motion for a resolution
Citation 21
– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,deleted
2016/06/21
Committee: LIBE
Amendment 67 #
Motion for a resolution
Citation 22
– having regard to its resolutions of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, in particular paragraph 795, 27 February 2014 on the situation of fundamental rights in the European Union (2012)6, 8 September 2015 on the situation of fundamental rights in the European Union (2013- 2014)7, and 10 June 2015 on the situation in Hungary, in particular paragraph 8, __________________ 5 6 7 8deleted Texts adopted, P8_TA(2013)0315. Texts adopted, P8_TA(2014)0173. Texts adopted, P8_TA(2015)0286. Texts adopted, P8_TA(2015)0227.
2016/06/21
Committee: LIBE
Amendment 74 #
Draft opinion
Indent 2 – paragraph 10
10. Recommends that the pan-EU parliamentary debate is organised in such a way that it can involve setting goals to achieve and provide the means to measure changes from one year to another.deleted
2016/04/05
Committee: AFCO
Amendment 87 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 104 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 109 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 125 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 142 #
Motion for a resolution
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlights that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework would result in cost savings of € 70 billion annually;deleted
2016/06/21
Committee: LIBE
Amendment 150 #
Motion for a resolution
Recital J
J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice;deleted
2016/06/21
Committee: LIBE
Amendment 167 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 184 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 188 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 190 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 204 #
Motion for a resolution
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance;deleted
2016/06/21
Committee: LIBE
Amendment 216 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 226 #
Motion for a resolution
Recital U
U. whereas recent developments have shown it is urgent to revise and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;deleted
2016/06/21
Committee: LIBE
Amendment 235 #
Motion for a resolution
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non-discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;deleted
2016/06/21
Committee: LIBE
Amendment 246 #
Motion for a resolution
Recital W
W. whereas a new mechanism should aim at offering a single, coherent framework, building on and incorporating existing instruments and mechanisms, and closing any remaining gaps;deleted
2016/06/21
Committee: LIBE
Amendment 256 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 260 #
Motion for a resolution
Paragraph 1
1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;deleted
2016/06/21
Committee: LIBE
Amendment 268 #
Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Member States to conclude a new international agreement establishing permanent cooperation and dialogue on promoting DRF;
2016/06/21
Committee: LIBE
Amendment 272 #
Motion for a resolution
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union;deleted
2016/06/21
Committee: LIBE
Amendment 285 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 293 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 310 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 318 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 326 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 337 #
Motion for a resolution
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;
2016/06/21
Committee: LIBE
Amendment 349 #
Motion for a resolution
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:develop the promotion of DRF;
2016/06/21
Committee: LIBE
Amendment 350 #
Motion for a resolution
Paragraph 9 – indent 1
- Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;deleted
2016/06/21
Committee: LIBE
Amendment 359 #
Motion for a resolution
Paragraph 9 – indent 2
- Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions;deleted
2016/06/21
Committee: LIBE
Amendment 363 #
Motion for a resolution
Paragraph 9 – indent 3
- Enabling individuals to bring actions before the CJEU;deleted
2016/06/21
Committee: LIBE
Amendment 374 #
Motion for a resolution
Paragraph 9 – indent 4
- Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union;deleted
2016/06/21
Committee: LIBE
Amendment 377 #
Motion for a resolution
Paragraph 9 – indent 5
- Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;deleted
2016/06/21
Committee: LIBE
Amendment 387 #
Motion for a resolution
Paragraph 10
10. Confirms that the recommendations respect fundamental rights and the principle of subsidiarity;deleted
2016/06/21
Committee: LIBE
Amendment 394 #
Motion for a resolution
Paragraph 10 a (new)
10a. Emphasises that any action in the field of promoting DRF should be in keeping with the principle of subsidiarity;
2016/06/21
Committee: LIBE
Amendment 395 #
Motion for a resolution
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals would lead to substantial cost and time savings, and will thus be beneficial both in economic and social terms;deleted
2016/06/21
Committee: LIBE
Amendment 403 #
Motion for a resolution
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.
2016/06/21
Committee: LIBE