BETA

35 Amendments of Csaba SÓGOR related to 2012/2130(INI)

Kinga GÁL, Edit BAUER, László TŐKÉS, Csaba SÓGOR

Motion for a resolution
Recital H

H. whereas the ~~scope of Article 2 TEU is not restricted by the lim~~Charter does not apply to every situation of ~~Article 51(1) of the Charter and the scope of Article 7 TEU is not limited to the policy areas covered by~~an alleged violation of fundamental rights as according to Article 51(1) it applies to Member States only when they are implementing EU law, a~~nd whereas as a consequence the EU can also act in the event of a breach of, or a clear~~s repeatedly stated by Vice-President Viviane Reding in the former replies to MEPs when rais~~k of a breach of, the common values in areas falling under Member State's competenc~~ing concrete breaches of fundamental rights in Member States;

2013/05/22
Committee: LIBE

Motion for a resolution
Paragraph 61

61. Urges the Hungarian authorities to implement the following recommendations without any further delay, with a view to fully restoring the rule of law and its key requirements on the constitutional setting, the system of checks and balances and the independence of the judiciary, as well as strong safeguards for fundamental rights, including freedom of expression, media and religion and the right to property: On the Fundamental Law: – to fully restore the supremacy of the Fundamental Law by removing from it those provisions previously declared unconstitutional by the Constitutional Court; – to fully apply the recommendations of the Venice Commission and, in particular, to revise the list of policy areas requiring a qualified majority in line with the recommendations of the Venice Commission and with a view to ensuring future meaningful elections; – to secure a lively parliamentary system which also respects opposition forces by allowing a reasonable time for a genuine debate between the majority and the opposition and for the participation of the wider public in the legislative procedure; On checks and balances: – to restore the right of the Constitutional Court to review all legislation without exception with a view to counterbalancing parliamentary and executive actions and ensuring, through full judicial review, that the Fundamental Law always remains the supreme law of the land; – to fully restore the prerogatives of the Constitutional Court as the supreme body of constitutional protection, and thus the primacy of the Fundamental Law, by removing from its text the limitations on the Constitutional Court’s power to review the constitutionality of any modifications of the Fundamental Law as well as the abolition of two decades of constitutional case law; – to restore the case-law of the Constitutional Court issued before the entry into force of the Fundamental Law, in particular in the field of fundamental rights1; – to restore the prerogatives of the parliament in the budgetary field and thus secure the full democratic legitimacy of budgetary decisions by removing the restriction of parliamentary powers by the non-parliamentary Budget Council; – to provide clarifications on how the Hungarian authorities intend to remedy the premature termination of the term of office of senior officials with a view to securing the institutional independence of the data protection authority; On the independence of the judiciary: – to fully restore and guarantee the independence of the judiciary by ensuring that the principles of irremovability and guaranteed term of office of judges, the rules governing the structure and composition of the governing bodies of the judiciary, as well as the safeguards on the independence of the Constitutional Court, are enshrined in the Fundamental Law; – to promptly and correctly implement the above-mentioned decisions of the Court of Justice of the European Union of 6 November 2012 and of the Hungarian Constitutional Court, by enabling the dismissed judges who so wish to be reinstated in their previous positions, including those presiding judges whose original executive posts are no longer vacant; – to establish objective selection criteria, or to mandate the National Judicial Council to establish such criteria, with a view to ensuring that the rules on the transfer of cases respect the right to a fair trial and the principle of a lawful judge; – to implement the remaining recommendations laid down in the Venice Commission’s opinion No CDL- AD(2012)020 on the cardinal acts on the judiciary that were amended following the adoption of Opinion CDL-AD(2012)001; On the media and pluralism: – to fulfil the commitment to further discuss cooperation activities at expert level on the more long-term perspective of the freedom of the media, building on the most important remaining recommendations of the 2012 legal expertise of the Council of Europe; – to ensure timely and close involvement of all relevant stakeholders, including media professionals, opposition parties and civil society, in any further review of this legislation, which regulates such a fundamental aspect of the functioning of a democratic society, and in the process of implementation; – to observe the positive obligation arising from European Court of Human Rights jurisprudence under Article 10 ECHR to protect freedom of expression as one of the preconditions for a functioning democracy; – to respect, guarantee, protect and promote the fundamental right to freedom of expression and information, as well as media freedom and pluralism, and to refrain from developing or supporting mechanisms that threaten media freedom and journalistic and editorial independence; – to make sure that legally binding procedures and mechanisms are in place for the selection and appointment of heads of public media, management boards, media councils and regulatory bodies, in line with the principles of independence, integrity, experience and professionalism, representation of the entire political and social spectrum, legal certainty and continuity; – to provide legal guarantees regarding full protection of the confidentiality of sources principle and to strictly apply European Court of Human Rights-related case-law; – to ensure that rules relating to political information throughout the audiovisual media sector guarantee fair access to different political competitors, opinions and viewpoints, in particular on the occasion of elections and referendums, allowing citizens to form their own opinions without undue influence from one dominant opinion-forming power; On respect for fundamental rights – to take positive action to ensure that the fundamental rights of all persons, including persons belonging to minorities, are respected; On the freedom of religion and the recognition of churches: – to establish clear, neutral and impartial requirements and institutional procedures for the recognition of religious organisations as churches which respect the duty of the State to remain neutral and impartial in its relations with the various religions and beliefs and to provide effective means of redress in cases of non-recognition or lack of a decision in line with the constitutional requirements set out in the above-mentioned Decision 6/2013 of the Constitutional Court; __________________ See Working Document No 5.deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – subheading 1

~~On the Fundamental Law:~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 1

~~to fully restore the supremacy of the Fundamental Law by removing from it those provisions previously declared unconstitutional by the Constitutional Court;~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 2

to fully apply the recommendations of the Venice Commission and, in particular, to revise the list of policy areas requiring a qualified majority in line with the recommendations of the Venice Commission and with a view to ensuring future meaningful elections;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 3

to secure a lively parliamentary system which also respects opposition forces by allowing a reasonable time for a genuine debate between the majority and the opposition and for the participation of the wider public in the legislative procedure;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – subheading 2

~~On checks and balances:~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 4

to restore the right of the Constitutional Court to review all legislation without exception with a view to counterbalancing parliamentary and executive actions and ensuring, through full judicial review, that the Fundamental Law always remains the supreme law of the land;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 4

to restore the right of the Constitutional Court to review all legislation without exception with a view to counterbalancing parliamentary and executive actions and ensuring, through full judicial review, that the Fundamental Law always remains the supreme law of the land;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 5

to fully restore the prerogatives of the Constitutional Court as the supreme body of constitutional protection, and thus the primacy of the Fundamental Law, by removing from its text the limitations on the Constitutional Court’s power to review the constitutionality of any modifications of the Fundamental Law as well as the abolition of two decades of constitutional case-law;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 6

to restore the case-law of the Constitutional Court issued before the entry into force of the Fundamental Law, in particular in the field of fundamental rights16; __________________ 16 See Working Document No 5.deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 7

to restore the prerogatives of the parliament in the budgetary field and thus secure the full democratic legitimacy of budgetary decisions by removing the restriction of parliamentary powers by the non-parliamentary Budget Council;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 8

to provide clarifications on how the Hungarian authorities intend to remedy the premature termination of the term of office of senior officials with a view to securing the institutional independence of the data protection authority;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – subheading 3

~~On the independence of the judiciary:~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 9

to fully restore and guarantee the independence of the judiciary by ensuring that the principles of irremovability and guaranteed term of office of judges, the rules governing the structure and composition of the governing bodies of the judiciary, as well as the safeguards on the independence of the Constitutional Court, are enshrined in the Fundamental Law;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 10

to promptly and correctly implement the above-mentioned decisions of the Court of Justice of the European Union of 6 November 2012 and of the Hungarian Constitutional Court, by enabling the dismissed judges who so wish to be reinstated in their previous positions, including those presiding judges whose original executive posts are no longer vacant;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 11

to establish objective selection criteria, or to mandate the National Judicial Council to establish such criteria, with a view to ensuring that the rules on the transfer of cases respect the right to a fair trial and the principle of a lawful judge;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 12

to implement the remaining recommendations laid down in the Venice Commission’s opinion No CDL- AD(2012)020 on the cardinal acts on the judiciary that were amended following the adoption of Opinion CDL-AD(2012)001;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – subheading 4

~~On the media and pluralism:~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 13

to fulfil the commitment to further discuss cooperation activities at expert level on the more long-term perspective of the freedom of the media, building on the most important remaining recommendations of the 2012 legal expertise of the Council of Europe;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 14

to ensure timely and close involvement of all relevant stakeholders, including media professionals, opposition parties and civil society, in any further review of this legislation, which regulates such a fundamental aspect of the functioning of a democratic society, and in the process of implementation;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 15

to observe the positive obligation arising from European Court of Human Rights jurisprudence under Article 10 ECHR to protect freedom of expression as one of the preconditions for a functioning democracy;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 16

to respect, guarantee, protect and promote the fundamental right to freedom of expression and information, as well as media freedom and pluralism, and to refrain from developing or supporting mechanisms that threaten media freedom and journalistic and editorial independence;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 17

to make sure that legally binding procedures and mechanisms are in place for the selection and appointment of heads of public media, management boards, media councils and regulatory bodies, in line with the principles of independence, integrity, experience and professionalism, representation of the entire political and social spectrum, legal certainty and continuity;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 18

~~to provi~~de le~~gal guarantees regarding full protection of the confidentiality of sources principle and to strictly apply European Court of Human Rights-related case-law;~~ted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 19

to ensure that rules relating to political information throughout the audiovisual media sector guarantee fair access to different political competitors, opinions and viewpoints, in particular on the occasion of elections and referendums, allowing citizens to form their own opinions without undue influence from one dominant opinion-forming power;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – subheading 5

~~On respect for fundamental rights~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 20

~~to take positive action to ensure that the fundamental rights of all persons, including persons belonging to minorities, are respec~~deleted;

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – subheading 6

~~On the freedom of religion and the recognition of churches:~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 61 – indent 21

to establish clear, neutral and impartial requirements and institutional procedures for the recognition of religious organisations as churches which respect the duty of the State to remain neutral and impartial in its relations with the various religions and beliefs and to provide effective means of redress in cases of non-recognition or lack of a decision in line with the constitutional requirements set out in the above-mentioned Decision 6/2013 of the Constitutional Court;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Heading III - Subheading 6

~~Recommendations to the EU institutions on setting up a new mechanism to effectively enforce Article 2 TEU~~deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 75

75. Calls on the Hungarian authorities to inform Parliament, the Commission, the Council Presidency and the Council of Europe of the procedure and the calendar they intend to follow for the implementation of the recommendations contained in paragraph 61;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 76

76. Invites the Commission and the Council to each designate a representative who, together with the Parliament’s rapporteur (‘Article 2 Trilogue’), will carry out an assessment of the information sent by the Hungarian authorities on the implementation of the recommendations contained in paragraph 61;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 77

77. Asks the Conference of Presidents to activate the mechanism laid down in Article 7(1) TEU in case the replies from the Hungarian authorities to the above- mentioned recommendations do not comply with the requirements of Article 2 TEU;deleted

2013/05/29
Committee: LIBE

Motion for a resolution
Paragraph 78

78. Instructs its President to forward this resolution to the Parliament, President and Government of Hungary, to the Presidents of the Constitutional Court and the Kúria, to the Council, the Commission, the governments and parliaments of the Member States and the candidate countries, the Fundamental Rights Agency, the Council of Europe~~, the OSCE and the U.S. Secretary of State~~ and the OSCE.

2013/05/29
Committee: LIBE