Activities of Paulo RANGEL related to 2022/2051(INL)
Plenary speeches (1)
Proposals of the European Parliament for the amendment of the Treaties (debate)
Shadow opinions (1)
OPINION Proposals of the European Parliament for the amendment of the Treaties
Amendments (53)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the proposals made by the plenary of the Conference on the Future of Europe (‘the Conference’) of 9 May 2022 in relation to the field of civil liberties, justice and home affairs1 and underlines that the majority of the measures proposed do not require Treaty changes in order to be fully implemented; calls upon the Union to more systematically uphold the rule of law principles and ensure fundamental rights protection, and to scrutinize respect for these values and principles, both in the accession of new members and continually across all Union policies and across the Member States; _________________ 1 In particular the following proposals: 22, 25, 26, 27, 28, 29, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
Amendment 12 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the abolishment of all unanimity requirements in the Treaties for adopting legislation in the area of freedom, security and justice, to be reconsidered including for the use of passerelle clauses, in order to improve the EU’s capacity to act; considers that, given the particular sensitivity of these matters, any change to these voting requirements in the Council should ensure a fair balance of voting 'weights' so that smaller countries' interests are protected;
Amendment 16 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that any changes to the division of competences between the Union and the Member States in the area of freedom security and justice should fully respect the principles enshrined in Articles 4(2) and 5 of TEU;
Amendment 17 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Underlines that Article 68 TFEU has been exercised as a de facto right of initiative by the European Council in the area of freedom, security and justice; highlights that the adoption by the European Council of multiannual operational programmes in this area without any obligation to consult Parliament or the Commission should be revised given the particularly serious impact of these policies on citizens’ fundamental rights; calls for Parliament and the Council to be given this competence on equal terms;
Amendment 25 #
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the Union’s main political instrument to address and reverse systemic rule of law threats and violations in the Member States, Article 7 TEU, has been wholly ineffective as the rule of law situation further deteriorated since the activation of the procedure in relation to both Poland and Hungary;2 therefore, considers it necessary to reform Article 7 TEU as follows: to change the Council voting thresholds of Article 7(1) TEU from four-fifths majority to qualified majority voting, and of Article 7(2) TEU from unanimity to a four-fifths majority; to involve the institution which triggers Article 7(1) TEU throughout the procedure;3 to require the Council to periodically organize hearings, draft country-specific recommendations and evaluate their implementation under Article 7(1) TEU; to involve the Parliament and the Commission in drafting modalities for the 7(1) TEU hearings;4 to allow the Parliament to trigger Article 7(2) TEU; to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearings; _________________ 2 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)); European Parliament resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (2022/2647(RSP)). 3 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)). 4 European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (2020/2072(INI).
Amendment 36 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Treaties currently do not contain a legal basis to introduce legislation to defend the common values expressed in Article 2 TEU and that this absence has seriously limited the Union in creating suitable mechanisms to redress national threats to the common values; calls for the inclusion of such a provision, which would allow the Union; calls for the inclusion of a provision that would allow the Union to monitor Member States’ compliance with the values expressed in Article 2 TEU, through the ordinary legislative procedure, namely to introduce a new mechanisms for the structural monitoring and assessment of the developments as regards the common values in each Member State, including annual reports on the situation as regards the Article 2 TEU values in each of the Member States, and to issue country- specific recommendations, and impose measures in case of lack of remedial acccompanied by an enforcement mechanism in case of lack of remedial action; highlights that the establishment of such mechanism will contribute to reinforce mutual trust between Member States, thus enhancing the functioning of the principle of mutual recognition;
Amendment 45 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the inclusion of the Charter of fundamental rights as the second chapter of the EU Treaty in order for fundamental rights and freedoms to feature more prominently in the founding Treaties; calls for the inclusion in the Treaties of a fundamental rights mainstreaming provision similar to Articles 8, 9 and 10 TFEU, so as to make the Union’s horizontal obligation to incorporate a fundamental rights perspective in all policies at all levels and at all stages explicit, hence reminding the co- legislators just as all Union institutions, bodies, offices and agencies and the Member States when they are implementing Union law to respect EU fundamental rights and promote their application in all their activitiesmore explicit; considers it necessary, in addition, to make it mandatory for Union institutions to include fundamental rights monitoring mechanisms and related evaluation clauses whenever legislating in fundamental rights-sensitive policy areas, including the area of freedom, security and justice (enhanced fundamental rights mainstreaming);
Amendment 53 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a widening of the scope of application of the Charter of Fundamental Rights of the European Union in relation to the Member States; to that effect, Article 51(1) Charter could be revised so as to state that EU fundamental rightsthe rights recognised by the Charter should protect Union citizens whenever Member States act within the scope of a Union competence, whether exclusive or shared, even if such a competence has not yet been exercised by the Union;5 _________________ 5 In light of AG Sharpston’s opinion of 30 September 2010 in Case C-34/09, Zambrano.
Amendment 57 #
Draft opinion
Paragraph 7
Paragraph 7
Amendment 60 #
Draft opinion
Paragraph 8
Paragraph 8
Amendment 65 #
Draft opinion
Paragraph 9
Paragraph 9
Amendment 67 #
Draft opinion
Paragraph 10
Paragraph 10
Amendment 70 #
Draft opinion
Paragraph 11
Paragraph 11
Amendment 77 #
Draft opinion
Paragraph 12
Paragraph 12
12. Calls for the introduction in the TFEU of a new shared Union competence for setting up an effective legal framework against disinformation and on holding media undertakings, social networks, and online platforms responsible to counter disinformation;
Amendment 94 #
Draft opinion
Paragraph 14
Paragraph 14
14. Reaffirms the objectives and general principles on which the common policies on borders, asylum and immigration are based in the Treaties, such as free movement without internal border checks and efficient external border management under Articles 767 and 79(2)(b)7 TFEU, non-refoulement under Article 78(1) TFEU, fair treatment of third- country nationals, the fight against irregular migration and human trafficking, or the principle of solidarity and fair sharing of responsibility between the Member States under Article 80 TFEU, which should be used as a complementary legal basis for legislation under this Treaty chapter;
Amendment 99 #
Draft opinion
Paragraph 15
Paragraph 15
15. Believes these form a sound basis to respond to calls from citizens expressed at the Conference6 which included strengthening the EU’s role on legal migration, on asylum, on addressing irregular migration, combatting human trafficking and instrumentalisation of migrants, and on strengthening the protection of the European Union's external borders, while respecting fundamental rights, as well as for reform of the common European asylum system and for applying common rules uniformly in all Member States on the reception of migrants and for improving integration policies in all Member States; _________________ 6 Recommendations Nos 41 to 45, see https://www.europarl.europa.eu/resources/l ibrary/media/20220509RES29121/202205 09RES29121.pdf
Amendment 104 #
Draft opinion
Paragraph 16
Paragraph 16
16. Stresses however that action at EU level remains incomplete mainly due to the institutional imbalance between the co- legislators; recommends therefore that the ordinary legislative procedure apply to allrelevant Union policies on border checks, asylum and immigration, including for the evaluation of the implementation of those policies (Article 70 TFEU); calls for competences to be fully shared between the EU and the Member States, including for harmonisationwhere necessary to pursue the objectives set out in Title V Chapter II of the lawsTFEU and regulations of the Member States, which at the moment excludes integration measures, even though integration is the natural end point for efforts to develop common rules from the arrival of third- country nationals into the EU and is a key part of the implementation of the Common European Asylum Systemin full respect for the principles enshrined in Article 5 of TUE;
Amendment 107 #
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Requests to establish a European body in the Treaties responsible for supporting the development and implementation of the European integrated border management, which is a necessary corollary of the free movement of persons within the Union and a fundamental component of an area of freedom, security and justice, by laying down its mission and which mandate should be adopted in accordance with the ordinary legislative procedure;
Amendment 108 #
Draft opinion
Subheading 4
Subheading 4
Judicial and police cooperation in criminal matters
Amendment 111 #
Draft opinion
Paragraph 17
Paragraph 17
17. Believes that legislative measures of horizontal nature instituting principles which establish minimum standards in EU criminal law would increase mutual trust between Member States thus leading to more efficient judicial cooperation while respecting the principle of subsidiarity; Calls for the introduction of a Union competence in Article 82 TFEU to establish minimum conditionstandards for detention and custody. conditions.
Amendment 113 #
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Underlines that a single area without internal border checks requires improved measures to guarantee a high level of security for Union citizens, by preventing and combating crime through stronger coordination and cooperation between police and judicial authorities of the Member States, as well as by enhancing mutual trust and mutual recognition of judicial decisions;
Amendment 116 #
Draft opinion
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls to step up Europol’s mandate to fight serious transnational crime, terrorism and crimes against the financial interests of the Union, given the rising threats from transnational terrorist organizations, organized crime and cyber- crime, by enhancing its support to national authorities in fighting organized crime in an area without internal borders;
Amendment 268 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Treaty establishing the European Defence Community (Treaty of Paris),
Amendment 271 #
Motion for a resolution
Recital A
Recital A
A. whereas the current version of the Treaties entered into force on 1 December 2009 representing important steps towards deepening European integration and since then the European Union has faced unprecedented challenges and multiple crises, in particular Russia’s war of aggression against Ukraine;
Amendment 279 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas a number of current Treaty provisions ensure the right institutional balance, the proper conferral of competences and the separation of powers at EU-level and should therefore remain unaltered, namely Articles 3(4), 11(4)(subparagraph 1), 16(2), 16(3), 24(1)(subparagraph 2), 31(2), 42(2)(subparagraph 1), 42(4), 48 of the TEU and Articles 24, 43, 86(4), 88(3), 113, 122, 192, 194(2), 194(3), 207, 218, 223(1), 258, 260(2), 275, 285(2), 294(4), 294(7), 294(15), 311, 312, 330, 333, 352(1) and 353 of the TFEU;
Amendment 282 #
Motion for a resolution
Recital E
Recital E
E. whereas on 9 May 2022 the Conference on the Future of Europe finished its work and presented its conclusions; whereas those conclusions contain 49 proposals and 326 measures, manysome of which are only possible to implement if there arecontemplate in the framework of a Convention for the revision of the Treaties as their implementation requires changes to the Treaties;
Amendment 287 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of reforming decision-making in the Union to more accurately reflect a bicameral system by further empowering the European Parliament, and by changadapting the voting mechanism in the Council;
Amendment 296 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for Parliament to gain the right of initiative for legislation, in particular the right to introduce, amend, or repeal Union law, and to become a co- legislator for the adoption of the multiannual financial framework;
Amendment 303 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the reversal of the roles of Council and Parliament in the nomination and confirmation of the President of the Commission to more accurately reflect the results of European elections; proposes to enable the Commission President to choose its members based on political preferences, whilst ensuring geographic and demographic balance; calls for the renaming of the European Commission as the European Executive;
Amendment 306 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Proposes to increase the transparency of the Council of the European Union by requiring it to publish those of its positions which form part of the normal legislative process, and to organise a public debate on the Council’s positions; proposes the creation of a legal basis empowering the co-legislators to strengthen the transparency and integrity of their decision-making;
Amendment 309 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 316 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Proposes the introduction of an EU referendum on matters relevant to the Union’s actions and policies; cCalls for the strengthening of instruments for citizens’ participation in the EU decision-making process within the frameworkin full respect for the principle of representative democracy;
Amendment 322 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Proposes to establish exclusiveshared Union competences forin the areas of environment and biodiversity as well as negotiations on climate change;
Amendment 333 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes that a “green card mechanism” for legislative proposals by national or regional parliaments with legislative powerto be submitted to the European Parliament by national parliaments be introduced in order to make Union law more responsive to local needs;
Amendment 347 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. ReiteratesConsiders that, due to Member States’ national, vital and sovereign interests, unanimity should be maintained for some crucial foreign, security and defence policies; reiterates, however, in order to improve the Union’s decision-making process and joint capacity to act, its call for decisions on sanctions, interim steps in the enlargement process and certain other foreign policy decisions to be taken by QMV;
Amendment 349 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the establishment of a defence union with a view towards forming the European pillar of NATO and future EU accession to the Organization, including permanently stationed European military units, a permanent rapid deployment capacity, under the operational command of the Union; proposes that joint procurement and the development of armaments be financed by the Union through a dedicated budget under parliamentary co-decision and scrutiny and proposes that the competences of the European Defence Agency be adjusted accordingly; notes that clauses with regard to national traditions of neutrality and NATO membership would not be affected by these changes;
Amendment 358 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Proposes that the OLP and QMV be used for decisions on direct and indirect taxation; cCalls for the establishment of the multiannual financial framework for at least a five year period;
Amendment 371 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Suggests that the promotion of democratic values, good governance, human rights and sustainability as well as foreign investment, investment protection and economic security be included in the scope of the common commercial policy; proposes that the European Parliament and the Council, upon a recommendation from the Commission, open trade negotiations; proposes to establish a permanent mechanism for the screening of foreign direct investment;
Amendment 378 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Proposes that the reduction of global warming and safeguarding biodiversity be included as aims of the Union; suggests adding climate and biodiversity protection to the Union’s sustainable development goals; suggests including sustainability in the Treaty provisions on fisheries; calls for the Union to protect the natural foundations of life, and animals, in line with the One Health approach, as well as to take account of the risk of crossing planetary boundaries; calls for international obligations of the Union to pursue efforts to limit the global temperature increase to be incorporated into the Treaties;
Amendment 388 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls for common minimum standards for the acquisition of Union citizenship by third-country nationals, as well as for common standards for long- term visas and residency permits to prevent the sale and abuse of citizenship and residency;
Amendment 414 #
Annex to the motion for a resolution Treaty on European Union – Article 7 - paragraph 3 – subparagraph 1
3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decideshall decide to take appropriate measures, which may include a suspension of commitments and payments from the Union’s budget, or to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.
Amendment 432 #
Annex to the motion for a resolution Treaty on European Union – Article 14 – paragraph 2 b (new)
2b. The European Parliament shall establish its composition by a majority of its component Members, respecting the principles referred to in paragraphs 2 and 2a. The European Council shall give its consent by unanimity.
Amendment 444 #
Annex to the motion for a resolution Treaty on European Union – Article 17 – paragraph 5
5. As from 1 November 2014, tThe Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number. The members of the Commission shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established unanimously by the European Council in accordance with Article 244 of the Treaty on the Functioning of the European Union.
Amendment 450 #
Annex to the motion for a resolution Treaty on European Union – Article 17 – paragraph 7
7. Taking into account theFollowing European elections to the European Parliament, and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected bycting by a majority of its component members, shall nominate to the European Council a candidate for President of the Commission. The European Council, acting by a qualified majority, shall give its consent. If the nominated candidate does not obtain the required majority, the European Parliament, acting by a majority of its component members. If he does not obtain the required majority, t, shall within one month nominate a candidate. The European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.give its consent. The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph. The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.
Amendment 453 #
Annex to the motion for a resolution Treaty on European Union – Article 17 – paragraph 8
8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 234 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission. If such a motion or of an individual member. If a motion of collective censure is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commisas a body. If a motion of individual censure is carried, the member concerned shall resiogn.
Amendment 465 #
Annex to the motion for a resolution Treaty on European Union – Article 42 –paragraph 3
3. Member States shall makeThe Union shall establish a Defence Union with civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make them available to the common security and defence policy. . This includes permanently-stationed joint European military units, including a permanent rapid deployment capacity, under the operational command of the Union. Member States may provide additional capabilities. Those Member States which together establish multinational forces may also make them available to the common security and defence policy. The Union shall establish the Defence Union with a view towards forming the European pillar of NATO and future accession to the Organization. The Union and the Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as "the European Defence Agency") shall identify operational requirements, shall promoteimplement measures to satisfy those requirements, shall contribute to identifying and, where appropriprocure armaments on behalf of the Union and its Member States, implementingshall take any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluatinge the improvement of military capabilities.
Amendment 470 #
Annex to the motion for a resolution Treaty on European Union – Article 43 – paragraph 1
1. The tasks referred to in Article 42(1), in the course of which the Union may use civilian and military means, shall include combatting hybrid threats and warfare, energy blackmail, cyberthreats and economic coercion by third countries, joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territories.
Amendment 494 #
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 70
Without prejudice to Articles 258, 259 and 260, the CouncilEuropean Parliament and the Council, acting in accordance with the ordinary legislative procedure, may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States' authorities, in particular in order to facilitate full application of the principle of mutual recognition. The European Parliament and nNational Parliaments shall be informed of the content and results of the evaluation.
Amendment 496 #
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 2 – point a
(a) the minimum conditions ofor entry and, residence, and minimum standards onfor the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification;
Amendment 503 #
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 88 – paragraph 1
1. Europol's mission shall be to support and strengthen shall have the power to conduct operational actions. Europol shall support actions by the Member States' police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.
Amendment 536 #
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 194– paragraph 1 – point d
(d) promotensure the interconnection of energy networks, especially cross-border.
Amendment 542 #
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234 – paragraph 2
If the motion of collective censure is carried by a two-thirds majority of the votes cast, representing by a majority of the component Members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.
Amendment 543 #
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234– paragraph 2 a (new)
If a motion of individual censure is carried by a two-thirds majority of the votes cast, representing by a majority of the component Members of the European Parliament, the Commissioner concerned shall resign immediately.