103 Amendments of Sven GIEGOLD related to 2018/0136(COD)
Amendment 28 #
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 the rule of lawUnion values in the Member States
Amendment 30 #
Proposal for a regulation
Recital 1
Recital 1
(1) The rule of law is oneUnion is founded ofn the essential values upon which the Union is foundedvalues of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member States.
Amendment 33 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 34 #
Proposal for a regulation
Recital 3
Recital 3
(3) 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: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versafundamental values on which the Union is founded are intrinsically linked: there can be no hierarchy of values within the Union.
Amendment 35 #
Proposal for a regulation
Recital 4
Recital 4
(4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the rule of lawUnion values is an essential precondition to comply with the principles of sound financial management enshrined in Article 317 of the Treaty on the Functioning of the European Union.
Amendment 36 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 37 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 38 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 39 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 40 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 41 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 42 #
Proposal for a regulation
Recital 11
Recital 11
(11) Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review,Union vlaues can seriously harm the financial interests of the Union.
Amendment 44 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment, assisted by a representative panel of independent experts. That assessment should be impartial and transparent, and could 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 47 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the transfer of allocations, the replacement of recipients, the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 48 #
Proposal for a regulation
Recital 14
Recital 14
(14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of lawUnion values, and the effects of that deficiency on the respective Union funds.
Amendment 51 #
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 the rule of lawUnion values in the Member States
Amendment 51 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be usedmmission.
Amendment 52 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) In view of their effect on the Union budget, measures with budgetary impact imposed pursuant to this Regulation should only enter into force after the European Parliament and the Council have approved a transfer in the budget of an amount equivalent to the value of the measures adopted. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, such transfers should be considered to be approved unless, within a set period, the European Parliament or the Council, the latter acting by qualified majority, amend or reject them.
Amendment 53 #
Proposal for a regulation
Recital 1
Recital 1
(1) The rule of law is oneUnion is founded ofn the essential values upon which the Union is foundedvalues of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member States.
Amendment 56 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of lawUnions values might exist in that Member State. The Member State should be allowed to submit its observations. The Commission and the Council should take those observations into account.
Amendment 58 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 58 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Councilmmission should lift measures with suspensive effect on a proposal from the Commission, if the situation leading to the imposition of those measures has been sufficiently remedied.
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of lawUnion values in the Member States.
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'the rule of lawUnion values' refers to the Union values enshrined in Article 2 of the Treaty on European Union which includes the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection by independent courts, including of fundamental rights; separation respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of powers and equality before the lawons belonging to minorities;
Amendment 64 #
Proposal for a regulation
Recital 3
Recital 3
(3) 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: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versafundamental values on which the Union is founded are intrinsically linked: there can be no hierarchy of values within the Union.
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards the rule of lawUnion values' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of lawUnion values;
Amendment 66 #
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 the rule of lawUnion values 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 particularand:
Amendment 67 #
Proposal for a regulation
Recital 4
Recital 4
(4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the rule of lawUnion values is an essential precondition to comply with the principles of sound financial management enshrined in Article 317 of the Treaty on the Functioning of the European Union.
Amendment 67 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) 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 controlsCommission activates the EU Rule of Law Framework;
Amendment 68 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) 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 budgetone third of the Member States, the European Parliament or the Commission submits a reasoned proposal to the Council in accordance with Article 7(1) TEU to determine that there is a clear risk of a serious breach by that Member State of the values referred to in Article 2 TEU;
Amendment 69 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 70 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the effective judicial review by independent courts of actions or omissions by the authoritione third of the Member States or the Commission submits a reasoned proposal to the European Council in accordance with Article 7(2) TEU to determine the existence of a serious and persistent breach by that Member State of the values referred to in points (a) and b)Article 2 TEU;
Amendment 71 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 71 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 72 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 72 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 74 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The following may, in particular, be considered generalised deficiencies as regards the rule of law,In the assessment of the state of generalised deficiencies as regards the Union values, the Commission shall be assisted by a representative panel of independent experts ("Democracy, Rule of Law and Fundamental Rights Expert Panel"). The Democracy, Rule of Law and Fundamental Rights Expert Panel shall assess the situation on the basis of a quantitative and qualitative review of the data and information available, including 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 76 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 76 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 77 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 78 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 80 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The assessment by the Democracy, Rule of Law and Fundamental Rights Expert Panel shall be made public by the Commission.
Amendment 81 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 81 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Democracy, Rule of Law and Fundamental Rights Expert Panel 1. The Democracy, Rule of Law and Fundamental Rights Expert Panel shall be composed of the following members: (a) one independent expert designated by the parliament of each Member State; the Members of the expert panel shall be qualified constitutional court or supreme court judges, not currently in active service; (b) ten further experts designated by the European Parliament with a two-third majority, chosen from a list of experts nominated by: (i) the federation of All European Academies (ALLEA); (ii) the European Network of National Human Rights Institutions (ENNHRI); (iii) the Council of Europe (including the Venice Commission, GRECO and the Council of Europe Commissioner for Human Rights); (iv) CEPEJ and the Council of Law and Bar Societies Europe (CCBE); (v) the United Nations (UN), the OSCE and the Organisation for Economic Co- operation and Development (OECD). 2. The composition of the Democracy, Rule of Law and Fundamental Rights Expert Panel shall ensure gender balance. 3. The Democracy, Rule of Law and Fundamental Rights Expert Panel shall elect its Chair from among its members. 4. In order to facilitate the work of the Democracy, Rule of Law and Fundamental Rights Expert Panel, the Commission shall provide a secretariat to the Expert Panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support.
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. In cases referred to in point (a) of Article 3(1), one or more of the following appropriate measures may be adopted: (a) where the Commission implements the Union’s budget in shared management pursuant to point (b) of Article 62 of the Financial Regulation, a modification of the method to implement the budget from shared to direct management; (b) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the managment of the funds: (i) a replacement of the entity implementing the budget for the benefit of strengthening the Union values in the Member State concerned; (ii) a modification of the method to implement the budget from indirect to direct management.
Amendment 83 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 83 #
Proposal for a regulation
Article 4 – paragraph -1 a (new)
Article 4 – paragraph -1 a (new)
-1 a. In cases referred to in point (b) of Article 3(1), one or more of the following appropriate measures may be adopted: (a) where the Commission implements the Union’s budget in direct management pursuant to point(a) of Article 62 of the Financial Regulation, and where a government entity is the recipient: (i) a transfer of programme financial allocations to any other instrument for the benefit of strengthening the Union values in the Member State concerned; (ii) a replacement of the recipient by another government entity or a different entity for the benefit of strengthening the Union values in the Member State concerned; (b) where the Commission implements the Union’s budget in shared management pursuant to point (b) of Article 62 of the Financial Regulation: (i) a transfer of programme financial allocations to another programme for the benefit of strengthening the Union values in the Member State concerned; (ii) measures referred to in point (a) of Article 4(-1); (c) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) a transfer of programme financial allocations to another programme for the benefit of strengthening the Union values in the Member State concerned; (ii) measures referred to in point (b) of Article4(-1); (d) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation is the recipient, a transfer of programme financial allocations to another programme for the benefit of strengthening the Union values in the Member State concerned.
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. OIn cases referred to in point (c) of Article 3(1), one or more of the following appropriate measures may be adopted
Amendment 85 #
Proposal for a regulation
Recital 11
Recital 11
(11) Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review,Union values can seriously harm the financial interests of the Union.
Amendment 86 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 a (new)
Article 4 – paragraph 1 – point a – point 2 a (new)
(2 a) measures referred to in point(a) of Article 4(-1a).
Amendment 88 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6 a (new)
Article 4 – paragraph 1 – point b – point 6 a (new)
(6 a) measures referred to in point (b) of Article 4(-1a).
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) (c) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) 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; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (c) of Article 4(-1a).
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(b b) (d) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation is the recipient: (i) 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; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (d) of Article 4(-1a).
Amendment 92 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Unless the decision adopting the measures provides otherwise, tThe imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph -1a and 1 or of Member States referred to in point (b) of paragraph -1a or 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries.
Amendment 93 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The measures taken shall be proportionate to the nature, gravity and scope of the generalised deficiency as regards the rule of lawUnion values. They shall, insofar as possible, target the Union actions affected or potentially affected by that deficiency.
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisationsthe assessment made by the Democracy, Rule of Law and Fundamental Rights Expert Panel.
Amendment 96 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment, assisted by a representative panel of independent experts. That assessment should be impartial and transparent, and could 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 101 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the transfer of allocations, the replacement of recipients, the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 101 #
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 lawUnion values 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 105 #
Proposal for a regulation
Recital 14
Recital 14
(14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of lawUnion values, and the effects of that deficiency on the respective Union funds.
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. Where the appropriate measures decided by the Commission have an impact on the budgetary allocations, the Commission shall submit to the European Parliament and to the Council a proposal to transfer the amount equivalent to the value of the measures.
Amendment 106 #
Proposal for a regulation
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6 b. 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 108 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be usedmmission.
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 113 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In view of their effect on the Union budget, measures with budgetary impact imposed pursuant to this Regulation should only enter into force after the European Parliament and the Council have approved a transfer in the budget of an amount equivalent to the value of the measures adopted. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, such transfers should be considered to be approved unless, within a set period, the European Parliament or the Council, the latter acting by qualified majority, amend or reject them.
Amendment 113 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regards the rule of lawUnion values has been remedied or has ceased to exist.
Amendment 114 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assess the situation in the Member State concerned, assisted by the Democracy, Rule of Law and Fundamental Rights Expert Panel. Once the generalised deficiencies as regards the rule of lawUnion values 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 foradopt a decision lifting those measures in full or in part. The procedure set out iAt the same time as it adopts its decision, the Commission shall simultaneously submit to the European pParagraphs 2, 4, 5, 6 and 7 ofliament and to the Council a proposal to transfer the amount equivalent to the value of the measures. The procedure set out in Article 5 shall apply.
Amendment 116 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of lawUnion values might exist in that Member State. The Member State should be allowed to submit its observations. The Commission and the Council should take those observations into account.
Amendment 117 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Councilmmission should lift measures with suspensive effect on a proposal from the Commission, if the situation leading to the imposition of those measures has been sufficiently remedied.
Amendment 118 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 119 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall immediately inform the European Parliament of any measures proposed or adopted pursuant to Articles 4, 5 and 56
Amendment 120 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of lawUnion values in the Member States.
Amendment 120 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In order to enhance the dialogue among the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council and the Commission and, where appropriate, the President of the European Council to appear before the committee to discuss decisions taken pursuant to this Regulation. The competent committee of the European Parliament may offer the opportunity to the Member State concerned by such decisions to participate in an exchange of views.
Amendment 121 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'the rule of lawUnion values' refers to the Union values enshrined in Article 2 of the Treaty on European Union which includes the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection by independent courts, including of fundamental rights; separation respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of powers and equality before the lawons belonging to minorities;
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards the rule of law' means a widespread or recurrentUnion values' means any situation where a systemic threat to the Union values may be established or where the Union values are directly or indirectly undermined in a systemic way either because of the combined impact of practice ors, omissions, or measures or inactions by public authorities which affects the rule of lawor because of widespread or recurrent practices, omissions, measures or inactions by public authorities resulting in undermining one or several components of the Union values;
Amendment 131 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 133 #
Proposal for a regulation
Article 3
Article 3
Amendment 158 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Democracy, Rule of Law and Fundamental Rights Expert Panel 1. The Democracy, Rule of Law and Fundamental Rights Expert Panel shall be composed of the following members: (a) one independent expert designated by the parliament of each Member State; the members of the expert panel shall be qualified constitutional court or supreme court judges, not currently in active service; (b) ten further experts designated by the European Parliament by a majority of two-thirds of the votes cast, chosen from a list of experts nominated by: (i) the federation of All European Academies (ALLEA); (ii) the European Network of National Human Rights Institutions (ENNHRI); (iii) the Council of Europe (including the Venice Commission, GRECO and the Council of Europe Commissioner for Human Rights); (iv) CEPEJ and the Council of Law and Bar Societies Europe (CCBE); (v) the United Nations (UN), the OSCE and the Organisation for Economic Co-operation and Development (OECD). 2. The composition of the Democracy, Rule of Law and Fundamental Rights Expert Panel shall ensure gender balance.
Amendment 160 #
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. In cases referred to in point (a) of Article 2a(1), one or more of the following appropriate measures may be adopted: (a) where the Commission implements the Union’s budget in shared management pursuant to point (b) of Article 62 of the Financial Regulation, a modification of the method to implement the budget from shared to direct management; (b) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) a replacement of the entity implementing the budget for the benefit of strengthening the Union values in the Member State concerned; (ii) a modification of the method to implement the budget from indirect to direct management.
Amendment 161 #
Proposal for a regulation
Article 4 – paragraph -1 a (new)
Article 4 – paragraph -1 a (new)
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. OIn cases referred to in point (c) of Article 2a(1), one or more of the following appropriate measures may be adopted
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 a (new)
Article 4 – paragraph 1 – point a – point 2 a (new)
(2a) measures referred to in point (a) of Article 4(-1a).
Amendment 185 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6 a (new)
Article 4 – paragraph 1 – point b – point 6 a (new)
(6a) measures referred to in point (b) of Article 4(-1a).
Amendment 186 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) where the Commission implements the Union’s budget in indirect management pursuant to points (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) 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; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (c) of Article 4(-1a).
Amendment 187 #
Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(bb) where the Commission implements the Union’s budget in indirect management pursuant to points (c) of Article 62 of the Financial Regulation, and where a Member State organisation is the recipient: (i) 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; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (d) of Article 4(-1a).
Amendment 188 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Unless the decision adopting the measures provides otherwise, tThe imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph -1a and 1 or of Member States referred to in point (b) of paragraph -1a or 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The measures taken shall be proportionate to the nature, gravity and scope of the generalised deficiency as regards the rule of lawUnion values. They shall, insofar as possible, target the Union actions affected or potentially affected by that deficiency.
Amendment 201 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisationsthe assessment made by the Democracy, Rule of Law and Fundamental Rights Expert Panel.
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
Amendment 210 #
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 lawUnion values is established, it shall submitadopt a decision on the a pproposal for an implementing act on the appropriate measures to the Council.riate measures by means of an implementing act. The Commission shall publish its proposal in the Official Journal including the justification and the methodology used in the procedure
Amendment 218 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Where the appropriate measures decided by the Commission have an impact on the budgetary allocations, the Commission shall submit to the European Parliament and to the Council a proposal to transfer the amount equivalent to the value of the measures.
Amendment 219 #
Proposal for a regulation
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6b. 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 221 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 227 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 233 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regards the rule of lawUnion values has been remedied or has ceased to exist.
Amendment 235 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. TAt the request of the Member State concerned or on its own initiative, the Commission shall assess the situation in theat Member State concerned, assisted by the Democracy, Rule of Law and Fundamental Rights Expert Panel. Once the generalised deficiencies as regards the rule of lawUnion values 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 foradopt a decision lifting those measures in full or in part. The procedure set out iAt the same time as it adopts its decision, the Commission shall simultaneously submit to the European pParagraphs 2, 4, 5, 6 and 7 ofliament and to the Council a proposal to transfer the amount equivalent to the value of the measures. The procedure set out in Article 5 shall apply.
Amendment 239 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall immediately inform the European Parliament of any measures proposed or adopted pursuant to Articles 4, 5 and 56
Amendment 241 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 242 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021.