Activities of Roberto GUALTIERI related to 2012/2024(INI)
Shadow opinions (1)
OPINION on the law of administrative procedure of the European Union
Amendments (11)
Amendment 1 #
Draft opinion
Section 1 – Recital A
Section 1 – Recital A
A. whereas a pressing problem of the European Union today is that the citizens question its legitimacye lack of confidence from citizens which can affect its legitimacy; whereas the EU needs to address swift, clear and visible answers to the citizens in order to respond to their worries;
Amendment 2 #
Draft opinion
Section 1 – Recital A a (new)
Section 1 – Recital A a (new)
Aa. whereas the Lisbon Treaty provides for the drafting of a Regulation on European Administration, on the basis of article 298 TFEU, which still needs to be implemented;
Amendment 5 #
Draft opinion
Section 1 – Recital C
Section 1 – Recital C
C. whereas Article 41 of the Charter of Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of the citizens, which is now legally binding as primary law;
Amendment 9 #
Draft opinion
Section 1 – Recital D
Section 1 – Recital D
D. whereas the Code of Good Administrative Behaviour prepared by the European Ombudsman and approved by Parliament on 6 September 20011 provides a good basis for the new Regulation, as does the Council of Europe’s Recommendation on good administration; whereas experience could be drawn by the Ombudsman’s activity on this field;
Amendment 10 #
Draft opinion
Section 1 – Recital D a (new)
Section 1 – Recital D a (new)
Da. whereas an independent EU Administration could be an effective response in reducing the current perception of the lack of activity of the European Union;
Amendment 11 #
Draft opinion
Section 1 – Recital D b (new)
Section 1 – Recital D b (new)
Db. whereas a Regulation on European Administrative law could aim towards a future convergence of the National rules on administrative law, as far as the general principles concerning citizens are concerned, and could help strengthening the process of integration in this field;
Amendment 12 #
Draft opinion
Section 1 – Recital D c (new)
Section 1 – Recital D c (new)
Dc. whereas, taking into account the recommendations of the Group of States against corruption (GRECO) of the Council of Europe, a clear and binding set of rules for the EU administration would be a positive signal in the fight against corruption in public administrations;
Amendment 13 #
Draft opinion
Section 1 – Recital D d (new)
Section 1 – Recital D d (new)
Dd. whereas a Regulation could foster the cooperation and the exchange of best practices between National administrations and the EU administration, in order to fulfil the objectives set up by article 298 TFEU;
Amendment 16 #
Draft opinion
Section 2 – paragraph 2
Section 2 – paragraph 2
2. The Regulation should establish a guarantee and lay down more detailed procedural rules in order to ensure respect of the fundamental principles of good administration, namely lawfulness and legal certainty, proportionality, independence, impartiality and fairness, legitimate expectations and equality;
Amendment 18 #
Draft opinion
Section 2 – paragraph 2 a (new)
Section 2 – paragraph 2 a (new)
2a. The Regulation should act as a framework legislation providing the EU administration with a universal set of principles and should lay down a procedure applicable as a de minimis rule where no lex specialis exists;
Amendment 23 #
Draft opinion
Section 2 – paragraph 5
Section 2 – paragraph 5
5. The procedural rules must guarantee, in accordance with point (a) of Article 41(2) of the Charter of Fundamental Rights, that the person concerned will be heard before any individual measure that would affect hims or her adverselyrights or interests, is taken;