13 Amendments of Sophia IN 'T VELD related to 2018/0136(COD)
Amendment 30 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union's budget in case of generalised deficiencies as regards democracy, the rule of law and fundamental rights in the Member States
Amendment 36 #
Proposal for a regulation
Recital 1
Recital 1
(1) TDemocracy, the rule of law is one of thand fundamental rights are essential values upon which the Union is founded. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member States.
Amendment 43 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Fundamental rights in the Union are stipulated, in particular, in the Charter of Fundamental Rights of the European Union and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 47 #
Proposal for a regulation
Recital 3
Recital 3
(3) TDemocracy, the rule of law is a prerequisite for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: tand fundamental rights are in a triangular relationship, reinforcing each other and together safeguarding the constitutional core of the Union and its Member States. There can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa.
Amendment 59 #
Proposal for a regulation
Recital 8
Recital 8
(8) Respect for democracy, the rule of law and fundamental rights is not only important for citizens of the Union, but also for business initiatives, innovation, investment and the proper functioning of the internal market, which will flourish most where a solid legal and institutional framework is in place.
Amendment 65 #
Proposal for a regulation
Recital 9
Recital 9
(9) Article 19 TEU, which gives concrete expression to the value of the rule of law stated in Article 2 TEU, requires the Member States to provide effective judicial protection in the fields covered by Union law, including those relating to the implementation of the Union’s budget. The very existence of effective judicial review designed to ensure compliance with Union law is the essence of the rule of law and requires independent courts13 . M. Ensuring the right to an effective remedy and to a fair trial and maintaining the independence of the courts is essential, as confirmed by the second subparagraph of Article 47 of the Charter of Fundamental Rights of the European Union14 . This is true, in particular, for the judicial review of the validity of the measures, contracts or other instruments giving rise to public expenditure or debts, inter alia in the context of public procurement procedures which may also be brought before the courts. __________________ 13 Case C-64/16, para 32-36. 14 Case C-64/16, para 40-41.
Amendment 70 #
Proposal for a regulation
Recital 11
Recital 11
(11) Generalised deficiencies in the Member States as regards democracy, the rule of law and fundamental rights which affect in particular the proper functioning of public authorities and effective judicial review, can seriously harm the financial interests of the Union.
Amendment 75 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment could be based on the information from all available sources and recognized institutions, including judgthe existence of a comprehensive, permanent and objective Union mechanism for the protection of democracy, the rule of law and fundamental rights. The main elements of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciarysuch a mechanism should consist of an annual evidence-based and non- discriminatory review, assessing, on an equal footing, all Union Member States' compliance with the values stipulated in Article 2 TEU, and with country-specific recommendations, to be followed by an inter-parliamentary debate.
Amendment 88 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Commission should be able to continuously monitor the state of the rule of law in the Member States and an EU mechanism on democracy, the rule of law and fundamental rights could be set up as requested by the European Parliament in its resolution of 25 October 20161a. _________________ 1a European Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)), OJ C 215,19.6.2018, p. 162–177
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'democracy, the rule of law' refers to the Union valu and fundamental rights' are enshrined in Article 2 of the Treaty on European Union whichand includes the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; free and fair elections, legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection by independent courts, including of fundamental rights; separation of powers and equality before the law; and the fundamental rights as stipulated in the Charter of Fundamental Rights of the EU and in the European Convention for the Protection of Human Rights and Fundamental Freedoms;
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards democracy, the rule of law and fundamental rights' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of lawdemocracy, the rule of law and fundamental rights;
Amendment 105 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate measures shall be taken where a generalised deficiency as regards democracy, the rule of law and fundamental rights in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 107 #
Proposal for a regulation
Article 3 – paragraph 1 – point -a (new)
Article 3 – paragraph 1 – point -a (new)
(-a) where the annual report with country-specific recommendations under the comprehensive, permanent and objective Union mechanism for the protection of democracy, the rule of law and fundamental rights finds that there is evidence for such a generalised deficiency, and after an exchange of views has taken place on these findings in an inter-parliamentary debate;