20 Amendments of Norica NICOLAI related to 2018/0136(COD)
Amendment 6 #
Proposal for a regulation
Title 1
Title 1
Amendment 10 #
Proposal for a regulation
Recital 1
Recital 1
(1) The rule of law is one of the essential values upon which the Union is founded. It shall have a common definition and shall be understood similarly in all Member States. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member States.
Amendment 12 #
Proposal for a regulation
Recital 2
Recital 2
(2) The rule of law must be defined in detail. It generally requires that all public powers act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts. It requires, in particular, that the principles of legality7 , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , and effective judicial protection by independent courts11 are respected12 . _________________ 7 Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 8 Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10. 9 Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19. 10 Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09, ECLI:EU:C:2010:811, paragraph 58. 11 Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C- 64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41. 12 Communication from the Commission "A new EU Framework to strengthen the Rule of Law", COM(2014) 158 final, Annex I.
Amendment 15 #
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 as well as non- discrimination of its citizens and its Member States. 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 versa.
Amendment 20 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a potential generalised deficiency requires a qualitative assessment by the Commissionn impartial, transparent, qualitative assessment at the initiative of the Commission, under the same conditions applicable to all Member States. That assessment cshould be based onfactor in all the information from all available sources and recognizsed institutions, including judgments of the Court of Justice of the European Union, which is the only institution that can rule on fulfilment or otherwise of the conditions set out in the EU treaties, 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 31 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation is proposed for adoption, the European Court of Justice should have ruled on the situation regarding breach of the rule of law. However, the Commission shouldmust inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Member State shouldmust be allowed to submit its observations. The Commission, Parliament and the Council should take those observations into account.
Amendment 40 #
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 recurrent practice or omission, or measure by public authorities which affects the rule of law, with this situation being confirmed by a ruling by the European Court of Justice, which is the only authority empowered to rule on matters concerning respect for the rule of law;
Amendment 48 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 72 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1
Article 4 – paragraph 1 – point b – point 1
Amendment 74 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 2
Article 4 – paragraph 1 – point b – point 2
Amendment 76 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 3
Article 4 – paragraph 1 – point b – point 3
Amendment 80 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
Article 4 – paragraph 1 – point b – point 4
Amendment 91 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where, based on a ruling of the European Court of Justice, the Commission finds that it hasere are reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to thate Member State concerned, setting out the grounds on which it based its findings, but only after first informing Parliament and the Council.
Amendment 94 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the Commission finds that it has reasonableproved and clearly identified 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
Amendment 96 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall ensure equal treatment by concomitantly adopting similar and non-discriminatory measures applicable to all Member States.
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall take into account all relevant proved information, including from governmental entities, 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 103 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission may, based on a ruling of the European Court of Justice, request any additional information required for its assessment, both before and after having made a finding pursuant to paragraph 1.
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Member State concerned shall provide all required information and may make observations within a reasonable time limit specified by the Commission, which shall not be less than 1 month from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures.
Amendment 111 #
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 delegated act on the appropriate measures to the Council.
Amendment 116 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted by the Council, unless it and the Parliament according to the rules on delegated acts. The Council may decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission. The European Parliament may also decide to reject the Commission proposal.