BETA

23 Amendments of Marian-Jean MARINESCU related to 2018/0136(COD)

Amendment 49 #
Proposal for a regulation
The European Parliament rejects the Commission proposal.
2018/11/09
Committee: BUDGCONT
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) 'government entity' means allny public authoritiesy at all levels of government, including national, regional and local authorities, as well as Member State organisations within the meaning of [point 42 of Article 2] of Regulation (EU, Euratom) No […] (the ‘Financial Regulation’).
2018/11/09
Committee: BUDGCONT
Amendment 132 #
Proposal for a regulation
Article 2 a (new)
Article 2a Generalised deficiencies The following may, in particular, be considered generalised deficiencies as regards the rule of law: (a) endangering the independence of judiciary; (b) failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests; (c) limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law. Or. en (See amendment relating to Article 3 – paragraph 2.)
2018/11/09
Committee: BUDGCONT
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. Appropriate measures shallmay be taken, by the government entities at the request of the Commission, where a generalised deficiency as regards the rule of law 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:
2018/11/09
Committee: BUDGCONT
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ensuring the proper functioning of the authorities of that Member State implementing the Union budget, in particular in the context of public procurement or grant procedures, and when carrying out monitoring and controls;
2018/11/09
Committee: BUDGCONT
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) ensuring the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, corruption or other breaches of Union law relating to the implementation of the Union budget;
2018/11/09
Committee: BUDGCONT
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) theimplementing an effective judicial review by independent courts of actions or omissions by the authorities referred to in points (a) and b);
2018/11/09
Committee: BUDGCONT
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) ensuring the prevention and sanctioning of fraud, corruption or other breaches of Union law relating to the implementation of the Union budget, and the imposition of effective and dissuasive penalties on recipients by national courts or by administrative authorities;
2018/11/09
Committee: BUDGCONT
Amendment 146 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) assuring the recovery of funds unduly paid;
2018/11/09
Committee: BUDGCONT
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) providing the effective and timely cooperation with the European Anti-fraud Office and with the European Public Prosecutor’s Office in their investigations or prosecutions pursuant to their respective legal acts and to the principle of loyal cooperation.
2018/11/09
Committee: BUDGCONT
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 2
2. The following may, in particular, be considerdeleted generalised deficiencies as regards the rule of law, (a) judiciary; (b) sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests; (c) effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law. dangering the independence of failing to prevent, correct and limiting the availability and Or. en (See amendment relating to Article 2 a (new).)
2018/11/09
Committee: BUDGCONT
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 1
(1) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article [131(3)] of the Financial Regulation for/with the respective government entity;
2018/11/09
Committee: BUDGCONT
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2
(2) a prohibition to enter into new legal commitments for the respective government entity;
2018/11/09
Committee: BUDGCONT
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1
(1) a suspension of the approval of one or more programmes or an amendment thereof;deleted
2018/11/09
Committee: BUDGCONT
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 2
(2) a suspension of commitments for one program;
2018/11/09
Committee: BUDGCONT
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 3
(3) a reduction of commitments, for one programme, including through financial corrections or transfers to other spending programmes from the same Member State;
2018/11/09
Committee: BUDGCONT
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
(4) a reduction of pre-financing for one program;
2018/11/09
Committee: BUDGCONT
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 5
(5) an interruption of payment deadlines for one program;
2018/11/09
Committee: BUDGCONT
Amendment 184 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6
(6) a suspension of payments for one program.
2018/11/09
Committee: BUDGCONT
Amendment 212 #
Proposal for a regulation
Article 5 – paragraph 6
6. Where the Commission, after a period of evaluation of the effects of the application of the remedial measures, considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council.
2018/11/09
Committee: BUDGCONT
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission.deleted
2018/11/09
Committee: BUDGCONT
Amendment 230 #
Proposal for a regulation
Article 5 – paragraph 8
8. The Council, acting by a qualified majority, may adopt the proposal of the Commission or may amend the Commission’s proposal and adopt the amended text as a Council decision.
2018/11/09
Committee: BUDGCONT
Amendment 236 #
Proposal for a regulation
Article 6 – paragraph 2
2. The Commission shall assess, by one month from the date of receiving the Member State request, the situation in the Member State concerned. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall submit to the Council a proposal for a decision lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6 and 78 of Article 5 shall apply.
2018/11/09
Committee: BUDGCONT