36 Amendments of Alessandra MUSSOLINI related to 2015/2254(INL)
Amendment 10 #
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 51 #
Motion for a resolution
Citation 19
Citation 19
Amendment 55 #
Motion for a resolution
Citation 20
Citation 20
Amendment 61 #
Motion for a resolution
Citation 21
Citation 21
Amendment 69 #
Motion for a resolution
Citation 22
Citation 22
Amendment 95 #
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 99 #
Motion for a resolution
Recital D
Recital D
D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for 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 Unionthe monetary union and the common area of freedom, security and justice;
Amendment 107 #
Motion for a resolution
Recital E
Recital E
E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; 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 resulshould be the basis for political decisions, independent of different political majorities; and resist temporary changes
Amendment 146 #
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
Amendment 160 #
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate countryies need to meet the required standards results in a delay offor the 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; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;
Amendment 172 #
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 w; Whereas all Member Statesn analysis and verification of the Member States' compliance with those criteria should therefore be assessprovided on a regular basis in order to verify their continued compliance with the Union's common values;.
Amendment 181 #
Motion for a resolution
Recital L
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
Amendment 183 #
Motion for a resolution
Recital M
Recital M
M. whereas the Court of Justice of the European Union (CJEU) has recently issued various rulingsrulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;
Amendment 198 #
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, inadeq; whereas the existing instruments should be applied and enforced and, if necessary, evaluated 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 countriescomplemented in the framework of a rule of law mechanism to be adequate and effective;
Amendment 209 #
Motion for a resolution
Recital S
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 compliancerecent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;
Amendment 218 #
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRFcases of breaches of the rule of law, the Union and itsthe Member States shave a duty toll protect the rights of the residents of that Member Stateintegrity and application of the Treaties;
Amendment 239 #
Motion for a resolution
Recital V
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, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 265 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, 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;
Amendment 276 #
Motion for a resolution
Paragraph 2
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; with respect to the principles of subsidiarity, necessity and proportionality;
Amendment 286 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;
Amendment 288 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;
Amendment 299 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Invites the European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.
Amendment 305 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 319 #
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'fundamental rights, to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionhe rule of law and the possibility to enforce those rights;
Amendment 324 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 338 #
Motion for a resolution
Paragraph 8
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;
Amendment 348 #
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:if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;
Amendment 351 #
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 361 #
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 364 #
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
Amendment 372 #
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 379 #
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 385 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;
Amendment 386 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;
Amendment 390 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 398 #
Motion for a resolution
Paragraph 11
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 wcould lead to substantial cost and time savings, and willcould thus be beneficial both in economic and social terms;