BETA

Activities of Anna ZÁBORSKÁ related to 2015/2254(INL)

Plenary speeches (1)

EU mechanism on democracy, the rule of law and fundamental rights (debate) SK
2016/11/22
Dossiers: 2015/2254(INL)

Amendments (34)

Amendment 16 #
Motion for a resolution
Citation 4
— having regard to Article 4(3) TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union,
2016/06/21
Committee: LIBE
Amendment 18 #
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, and in particular its Articles 52(4) and 53,
2016/06/21
Committee: LIBE
Amendment 34 #
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_ submission_on_the_future_of_eu_justice. pdf;
2016/06/21
Committee: LIBE
Amendment 50 #
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 56 #
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 62 #
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 68 #
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 128 , __________________ 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 81 #
Motion for a resolution
Recital A
A. whereas the European Union is a community of values, based on democracfounded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and fundamentalrespect for human rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;
2016/06/21
Committee: LIBE
Amendment 86 #
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 Statesthe values on which it is founded;
2016/06/21
Committee: LIBE
Amendment 90 #
Motion for a resolution
Recital B a (new)
Ba. whereas Article 67 TEU states that the Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States;
2016/06/21
Committee: LIBE
Amendment 113 #
Motion for a resolution
Recital E
E. whereas the definition of corthe 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 majoron which the Union is founded is to be grounded on full respect for national traditions and identities;
2016/06/21
Committee: LIBE
Amendment 121 #
Motion for a resolution
Recital F
F. whereas respect for cultural diversity and national traditions may not impede a uniand identities is the precondition form and high level ofy initiative aimed at promoting the protection of democracy, rule of law and fundamental rights (DRF);
2016/06/21
Committee: LIBE
Amendment 132 #
Motion for a resolution
Recital F a (new)
Fa. whereas the principles of subsidiarity and proportionality shall constitute key reference points for the present instrument;
2016/06/21
Committee: LIBE
Amendment 144 #
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 152 #
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 thea failure of a Member State or an institution of the Union to meet those same standards has little consequence in practandards is monitored by an important number of already existing EU instruments such as the procedure following Art. 7 TEU, the Cooperation and Verification Mechanism, the EU Anti-Corruption Report, the Justice Scoreboard, which is part of the European Semester for economic policy coordination, the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; infringement proceedings, and judicial procedures of the Court of Justice;
2016/06/21
Committee: LIBE
Amendment 164 #
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 compliance with the Union's common values;
2016/06/21
Committee: LIBE
Amendment 178 #
Motion for a resolution
Recital L
L. whereas there alre few instruments to correct legislady exists an important number of EU instruments, such as the procedure following Article 7 of the Treaty on the European Union, the Cooperativeon and executive policy decisions by the institutions of the UnionVerification Mechanism, the EU Anti-Corruption Report, the Justice Scoreboard, which is part of the European Semester for economic policy coordination, the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; the infringement proceedings, and the judicial procedures of the Court of Justice;
2016/06/21
Committee: LIBE
Amendment 196 #
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; whereas the Commission found each time that conditions to start a rule of law framework procedure are not fulfilled;
2016/06/21
Committee: LIBE
Amendment 199 #
Motion for a resolution
Recital Q
Q. whereas the number of CJEU cases quoting the Charter has risen from 43 in 2011 to 210 in 2014;deleted
2016/06/21
Committee: LIBE
Amendment 202 #
Motion for a resolution
Recital R
R. whereas coherence between the institutions and Member States in DRF compliance will provide obvious benefits, such as less costly court cases, better clarity for Union citizens and their rights, and more certainty for Member States in terms of implementation;deleted
2016/06/21
Committee: LIBE
Amendment 215 #
Motion for a resolution
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents of that Member State;deleted
2016/06/21
Committee: LIBE
Amendment 227 #
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 236 #
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 247 #
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 253 #
Motion for a resolution
Recital X
X. whereas the establishment of an EU Pact for DRF is withoutwould produce a concrete prejudice to the direct application of Article 7(1) and (2) TEU, as the EU Pact for DRF creates politically motivated parallel structures and procedures based on a simple inter-institutional agreement between Parliament and Commission against the Member States;
2016/06/21
Committee: LIBE
Amendment 263 #
Motion for a resolution
Paragraph 1
1. Requests the Commission to submit, byonce the end of 2016process of accession of the European Union to the European Convention of Human Rights will have been completed, 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;
2016/06/21
Committee: LIBE
Amendment 274 #
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 298 #
Motion for a resolution
Paragraph 4
4. Invites the European Ombudsman to issue, as partact solely within the boundaries of its mannual report, specific recommenddate which is to investigate complaints about maladministrations to in the institutions of the Union in the field of DRFand bodies of the European Union ;
2016/06/21
Committee: LIBE
Amendment 306 #
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;deleted
2016/06/21
Committee: LIBE
Amendment 315 #
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 Union;deleted
2016/06/21
Committee: LIBE
Amendment 323 #
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 for individuals challenging violations of DRF;deleted
2016/06/21
Committee: LIBE
Amendment 332 #
Motion for a resolution
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also 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;deleted
2016/06/21
Committee: LIBE
Amendment 341 #
Motion for a resolution
Paragraph 8 a (new)
8a. Considers that the DRF Scoreboard may draw on the expertise of a variety of actors, including academics, representative associations and civil society, Churches and religious associations or communities, professional and sectoral associations;
2016/06/21
Committee: LIBE
Amendment 347 #
Motion for a resolution
Paragraph 9
9. Considers, furthermore, that any future Treaty revision should include the following changes: - Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure; - Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions; - Enabling individuals to bring actions before the CJEU; - Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union; - 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