11 Amendments of Charles GOERENS related to 2018/0136(COD)
Amendment 43 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The Commission should be able continuously to 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 20161. _________ 1 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 46 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment cshould be based on the information from all available sources and recognized institutions, including judgments 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 judiciary.
Amendment 54 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Final beneficiaries of the Union budget, other than where a government entity is the recipient, should not be affected by breaches of rules for which they are not responsible.
Amendment 65 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Monitoring The Commission shall continuously monitor and assess the correct implementation of the Union law and the respect for the rule of law.
Amendment 94 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding. The Commission shall, without delay, inform the European Parliament and the Council of such notification and its contents.
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall take into account all relevant information, including, where available, decisions of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations.
Amendment 102 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission 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 Counciladopt a decision on the appropriate measures by means of an implementing act.
Amendment 104 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. By way of derogation from Article 31(4) and (6) of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, Article 31(8) of the Financial Regulation shall apply.
Amendment 107 #
Proposal for a regulation
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6 b. The decision referred to in paragraph 6 shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within the period referred to in paragraph 6b.
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 116 #
Proposal for a regulation
Article 7
Article 7